BILL NUMBER: AB 852	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Burke
   (Coauthors: Assembly Members  Roger Hernández 
 Dodd,   Gonzalez,   Roger Hernández,  and
McCarty)

                        FEBRUARY 26, 2015

   An act to add Section 1720.7 to the Labor Code, relating to public
works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 852, as amended, Burke. Public works: prevailing wages.
   Existing law defines "public works," for the purposes of
regulating public works contracts, as, among other things,
construction, alteration, demolition, installation, or repair work
done under contract and paid for, in whole or in part, out of public
funds. Existing law further requires that, except as specified, not
less than the general prevailing rate of per diem wages be paid to
workers employed on public works and imposes misdemeanor penalties
for a  willful  violation of this requirement.
   This bill would expand the definition of "public works," for the
purposes of provisions relating to the prevailing rate of per diem
wages, to also include any construction, alteration, demolition,
installation, or repair work done under private contract on a 
project for a  general acute care hospital,  as defined,
  except on a project for a rural general acute care
hospital with a maximum of 76 beds,  when the project is paid
for, in whole or in part, with the proceeds of conduit revenue bonds,
as defined, that were issued on or after January 1, 2016.
   Because the  willful  violation of prevailing wage
requirements when engaged in these public works projects would result
in the imposition of misdemeanor penalties, this bill would impose a
state-mandated local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1720.7 is added to the Labor Code, to read:
   1720.7.  For the limited purposes of Article 2 (commencing with
Section 1770) of this chapter, "public works" also means any
construction, alteration, demolition, installation, or repair work
done under private contract on a  project for a  general
acute care  hospital   hospital, except on a
project for a rural general acute care hospital with a maximum of 76
beds,  when the project is paid for, in whole or in part, with
the proceeds of conduit revenue bonds, as defined in Section 5870 of
the Government Code, issued on or after January 1, 2016, by a public
agency. For purposes of this section, "general acute care hospital"
 has   and "rural general acute care hospital"
have  the same meaning as  each term is  defined in
subdivision (a) of Section 1250 of the Health and Safety Code.
  SEC. 2.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.