California Legislature—2013–14 Regular Session

Assembly Bill No. 1140

Introduced by Assembly Member Daly

February 22, 2013

An act to amend Section 1773.6 of the Labor Code, relating to public works.

LEGISLATIVE COUNSEL’S DIGEST

AB 1140, as introduced, Daly. Public works: prevailing wages.

Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law requires the body awarding a contract for a public work to obtain from the Director of Industrial Relations the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work, for each craft, classification, or type of worker needed to execute the contract. Under existing law, if the director determines during any quarterly period that there has been a change in any prevailing rate of per diem wages in a locality, he or she is required to make that change available to the awarding body and his or her determination is final. Under existing law, that determination does not apply to public works contracts for which the notice to bidders has been published.

This bill would instead state that if the director determines, within a semiannual period, that there is a change in any prevailing rate of per diem wages in a locality, that determination applies to any public works contract, whether or not notice to bidders has been published or a contract has been awarded. This bill would authorize any contractor, awarding body, or specified representatives affected by a change in rates on a particular contract to, within 20 days, file with the director a verified petition to review the determination of that rate, as specified. The bill would require, the director to, upon notice to the interested parties, initiate an investigation or hold a hearing, and, within 20 days after the filing of that petition, except as specified, make a final determination and transmit the determination in writing to the awarding body and to the interested parties.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1773.6 of the Labor Code is amended to
read:

1773.6.  

begin insert (a) end insert begin insert   end insert If during any begin delete quarterly end delete begin insert semiannual end insert period the
Director of Industrial Relations begin delete shall determine end delete begin insert determines end insert that
there has been a change in any prevailing rate of per diem wages
in any begin delete locality end delete begin insert locality, end insert he begin insert or she end insert shall make begin delete such end delete begin insert that end insert change
available to the awarding body and his begin insert or her end insert determination shall
be final begin insert , except as specified in this section end insert . begin delete Such end delete begin insert This end insert determination
by the Director of Industrial Relations shall begin delete not be effective as end delete
begin insert apply on its effective date end insert to any contract begin delete for which the notice to
bidders has been published end delete begin insert under this chapter, whether or not the
notice to bidders has been published or the contract has been
awarded end insert .

begin insert

(b) (1) Any contractor, awarding body, or representative of
any craft, classification, or type of work affected by a change in
rates on a particular contract may, within 20 days after publication
of the new determination, file with the director a verified petition
to review the determination of that rate upon the ground that it
has not been determined in accordance with Section 1773. Within
two days thereafter, a copy of that petition shall be filed with the
awarding body. The petition shall set forth the facts upon which
it is based.

end insert begin insert

(2) The director, or his or her authorized representative, shall,
upon notice to the petitioner, the awarding body, and other persons
he or she deems proper, including the recognized collective
bargaining representatives for the particular crafts, classifications
or types of work involved, initiate an investigation or hold a
hearing. Within 20 days after the filing of that petition, or within
a longer period as agreed upon by the director, awarding body,
and all interested parties, the director shall make a determination
and transmit that determination in writing to the awarding body
and to the interested parties. This determination shall be final.

end insert