BILL ANALYSIS �
AB 972
Page 1
ASSEMBLY THIRD READING
AB 972 (Ian Calderon)
As Amended April 29, 2013
Majority vote
LABOR & EMPLOYMENT 5-1 APPROPRIATIONS 12-5
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|Ayes:|Alejo, Chau, Gomez, |Ayes:|Gatto, Bocanegra, |
| |Gorell, | |Bradford, |
| |Holden | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Requires certified payroll records, on projects that
require the use of a certified electrician, to also provide the
electrician's state certification number below the individual's
name.
EXISTING LAW :
1)Requires the Division of Apprenticeship Standards (DAS) within
the Department of Industrial Relations (DIR) to establish and
validate minimum standards for the competency and training of
electricians through a system of testing and certification.
2)Requires persons who perform work as electricians to become
certified by January 1, 2005, and prohibits uncertified
persons from performing electrical work for which
certification is required after that date.
3)Authorizes the California Apprenticeship Council (CAC) to
extend for up to two years the January 1, 2005, deadline for
persons who perform work as electricians to become certified.
4)Contains various exemptions from the certification
requirements.
AB 972
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in annual costs between
$500,000 and $1 million to DIR to enforce the provisions of the
bill.
COMMENTS : This bill is sponsored by the California State
Association of Electrical Workers. The sponsor states that
California law requires electricians achieve minimum standards
in training and competency. These requirements are in place to
ensure job site safety, proper installations and quality of
work. Electricians who work for contractors licensed as class
C-10 electrical workers, must become certified.
In order to assist in prevailing wage enforcement, current law
requires all contractors and subcontractors to submit weekly
certified payrolls to the awarding body of a public works
contract. The certified payroll include the name, address,
social security number, job classification, hours worked, and
the wages paid each worker for the pay period. Because the
payroll record is a public record, it is made available to the
general public, including private third party labor law
compliance programs. The social security numbers and names are
redacted prior to public release. This bill would require that
for electricians employed on a public works project, that the
contractor or subcontractor include the state-issued electrician
certification number on the certified payroll to assist in
compliance with the certification law.
The sponsor notes that electrician certification is a
professional license issued by the DAS and is a public record.
The sponsor also notes that the Division of Labor Standards
Enforcement (DLSE) maintains on their Web site a public listing
of every certified electrician, including their name and
certification number. They argue that the inclusion of the
electrician certification number of each electrician performing
work on a public works project will more easily enable awarding
agencies, compliance officers, the Labor Commissioner, and the
Contractors State Licensing Board to investigate and enforce the
law.
The California State Council of Laborers (Laborers) opposes this
bill. The Laborers state that, as with many other licensed
contractors in the construction industry, a C-10 electrical
contractor utilizes workers to perform work not requiring
AB 972
Page 3
certification. They argue that this bill would trigger
potential false violations. The Laborers represent many of
these workers performing work not requiring these licenses and
express concern that the bill may potentially impact their
employment status by virtue of incorrect interpretation of the
laws governing certification. They conclude that this bill
would be harmful to the construction industry by creating
unnecessary addition requirements to existing law.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000763