BILL NUMBER: AB 395	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 23, 2009

   An act to amend Section 3072 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 395, as introduced, Fuentes. Employment: apprenticeship
programs.
   Under existing law, the Director of Industrial Relations is the
Administrator of Apprenticeship and is authorized to appoint
assistants necessary to effectuate the purposes of state law
governing apprenticeships. Existing law requires, with certain
exceptions, that all workers employed on public works be paid not
less than the general prevailing rate of per diem wages for work of a
similar character in the locality in which the public work is
performed and establishes prevailing wage requirements with regard to
holiday and overtime work. Existing law requires that every
apprentice employed on public works projects be paid the prevailing
rate of per diem wages for apprentices in the trade for which he or
she is registered and that employers who employ apprentices on public
works projects comply with other specified provisions. Existing law
exempts certain public works projects from the prevailing wage
requirements applicable to workers if the awarding body contracting
for public work initiates and enforces a labor compliance program
that meets specific statutory and regulatory requirements and ensures
compliance with prevailing rate wage laws. Existing law requires
that all labor compliance programs obtain the approval of the
director.
   This bill would provide that an awarding body that implements an
approved labor compliance program may, upon mutual agreement with the
Chief of the Division of Apprenticeship Standards, assist the
director in the enforcement of prevailing rate wage laws and other
requirements that apply to apprenticeships in public works projects
through the operation of that approved labor compliance program. The
bill would allow a contractor to appeal the result of a labor
compliance program enforcement action related to apprenticeships in
public works projects through specified procedures. The bill would
provide that, if the involvement of the Chief of the Division of
Apprenticeship Standards in a labor compliance program enforcement
action is limited to a review of an assessment and the matter is
resolved without litigation, the awarding body that has implemented
the labor compliance program shall enforce any applicable penalties
and shall deposit any penalties and forfeitures collected in its
general fund.
   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 3072 of the Labor Code is amended to read:
   3072.   (a)    The Director of Industrial
Relations is ex officio the Administrator of Apprenticeship and is
authorized to appoint  such  assistants as 
shall be  necessary to effectuate the purposes of this
chapter. 
   (b) An awarding body, as defined in Section 1722, that implements
an approved labor compliance program pursuant to subdivision (b) of
Section 1771.5 may, upon mutual agreement with the Chief of the
Division of Apprenticeship Standards, assist the director in the
enforcement of Section 1777.5 through the operation of that approved
labor compliance program.  
   (c) A contractor may appeal the result of a labor compliance
program enforcement action related to Section 1777.5 through the
procedures described in Section 1777.7.  
   (d) If the involvement of the Chief of the Division of
Apprenticeship Standards in a labor compliance program enforcement
action is limited to a review of an assessment and the matter is
resolved without litigation by or against the chief, the awarding
body that has implemented the labor compliance program shall enforce
any applicable penalties, as specified in Section 1777.7, and shall
deposit any penalties and forfeitures collected in its general fund.