Amended in Assembly March 19, 2013

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 amended, 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 begin delete contract, whether or not notice to bidders has been published or a contract has been awarded end delete begin insert contract that is awarded or for which notice to bidders is published on or after January 1, 2014 end insert . This bill would authorize any contractor, awarding body, or specified begin delete representatives end delete begin insert representative end insert 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 begin delete require, end delete begin insert require end insert 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.  

(a) If during any semiannual period the Director of
Industrial Relations determines that there has been a change in any
prevailing rate of per diem wages in any locality, he or she shall
make that change available to the awarding body and his or her
determination shall be final, except as specified in this section.
This determination by the Director of Industrial Relations shall
apply on its effective date to any contract under this begin delete chapter,
whether or not the notice to bidders has been published or the
contract has been awarded end delete begin insert chapter that is awarded or for which
notice to bidders is published on or after January 1, 2014 end 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.

(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.