BILL NUMBER: AB 1333	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 22, 2013

   An act to add Section 53069.86 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1333, as introduced, Roger Hernández. Local government:
contracts.
   Existing law authorizes the legislative body of a city, county, or
district to enter into contracts for various services, and, among
other things, to include within the contract a time within which the
whole or any specified portion of the work contemplated is to be
completed.
   This bill would require the legislative body of a city, county, or
district to review any contract with a private party with a total
value of $250,000 or more, that contains an automatic renewal clause
on or before the annual date by which the contract may be rescinded.
   This bill would require the review of the contract to include a
consideration as to whether the private party pays at least the
general prevailing rate of per diem wages for work of a similar
character in the locality to its employees. This bill would require
the contract to be rescinded unless the review of the contract
contains findings that the private party pays at least the general
prevailing rate of per diem wages for work of a similar character in
the locality, or a living wage given the locality, whichever is
greater, to its employees, and the contract to be rescinded if the
private party has been cited by the National Labor Relations Board
for an unfair labor practice or if the National Labor Relations Board
has ruled that an unfair labor practice has been committed.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53069.86 is added to the Government Code, to
read:
   53069.86.  (a) The legislative body of a city, county, or district
shall review any contract with a private party, with a total value
of two hundred fifty thousand dollars ($250,000) or more, that
contains an automatic renewal clause, sometimes referred to as an
"evergreen" provision, on or before the annual date by which the
contract may be rescinded. Prior to the renewal of a contract, the
legislative body shall make findings on the record, including, but
not limited to, whether the contract contains updated information and
whether the contract fits the needs of the legislative body.
   (b) Any contract with an evergreen provision as described in
subdivision (a) shall be rescinded unless the review of the contract
contains findings that the private party pays at least the general
prevailing rate of per diem wages for work of a similar character in
the locality, or a living wage given the locality, whichever is
greater, to its employees.
   (c) Any contract with an evergreen provision as described in
subdivision (a) shall be rescinded if the private party has been
cited by the National Labor Relations Board for an unfair labor
practice or if the National Labor Relations Board has ruled that an
unfair labor practice has been committed.