BILL NUMBER: AB 395	CHAPTERED
	BILL TEXT

	CHAPTER  438
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  JULY 6, 2009

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, 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 and at his or her
discretion, 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 under terms and conditions prescribed by the Chief
of the Division of Apprenticeship Standards. 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.



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
assistants as 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 and at his or her discretion,
assist the director in the enforcement of Section 1777.5 through the
operation of that approved labor compliance program under the terms
and conditions prescribed by the Chief of the Division of
Apprenticeship Standards.
   (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.