BILL NUMBER: AB 2390	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Buchanan
    (   Principal coauthor:   Assembly Member
  Torrico   ) 

                        FEBRUARY 19, 2010

   An act to amend Sections 3300 and 4104 of the Public Contract
Code, relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2390, as amended, Buchanan. Public works projects: bidding
practices: licenses and worker's compensation insurance.
   Existing law requires a public entity, the University of
California, and the California State University to specify for
inclusion in any plans and notice prepared for a public project the
classification of the contractor's license, which a contractor is
required to possess at the time a contract is awarded.
   This bill would  ,  instead  ,  require the
contractor to possess that license at the time the contractor makes a
bid or offer to perform the work, and would also require a
contractor to possess current, valid workers' compensation insurance
at that time.
   The Subletting and Subcontracting Fair Practices Act requires the
entity taking bids for public works to specify that any person making
a bid or offer set forth the name and location of the place of
business of each subcontractor who will perform work or labor or
render service to the prime contractor, or a subcontractor who, under
subcontract to the prime contractor, specially fabricates and
installs a portion of the work according to specifications, in an
amount in excess of one-half of 1% of the prime contractor's total
bid, or in the case of bids or offers for the construction of streets
or highways, including bridges, in an amount in excess of one-half
of 1% of the prime contractor's total bid or $10,000, whichever is
greater.
   This bill would  ,  instead  ,  require the
person making a bid or offer to set forth, in addition to each
subcontractor's name and business location, the current, valid
license number issued by the State of California, and proof of
current, valid worker's compensation insurance of each subcontractor
who will perform work  , labor, or render service to the prime
contractor in or about the construction of the work or improvement
 .
   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 3300 of the Public Contract Code is amended to
read:
   3300.  (a) Any public entity, as defined in Section 1100, the
University of California, and the California State University shall
specify the classification of the contractor's license, which a
contractor shall possess at the time the contractor makes a bid or
offer to perform the work. The specification shall be included in any
plans prepared for a public project and in any notice inviting bids
required pursuant to this code.
   (b) A contractor shall possess current, valid workers'
compensation insurance at the time the contractor makes a bid or
offer to perform the work.
   (c) A contractor who is not awarded a public contract because of
the failure of an entity, as defined in subdivision (a), to comply
with that subdivision shall not receive damages for the loss of the
contract.
  SEC. 2.  Section 4104 of the Public Contract Code is amended to
read:
   4104.  Any officer, department, board or commission taking bids
for the construction of any public work or improvement shall provide
in the specifications prepared for the work or improvement or in the
general conditions under which bids will be received for the work
incident to the public work or improvement that any person making a
bid or offer to perform the work shall, in his or her bid or offer,
set forth:
   (a) (1) The name, business location, current valid license number
issued by the State of California, and proof of current, valid
workers' compensation insurance of each subcontractor who will
perform work, labor, or render service to the prime contractor in or
about the construction of the work or improvement.
   (2) (A) Subject to subparagraph (B), any information requested by
the officer, department, board, or commission concerning any
subcontractor who the prime contractor is required to list 
under   pursuant to  this subdivision, other than
the subcontractor's name and location of business, may be submitted
by the prime contractor up to 24 hours after the deadline established
by the officer, department, board, or commission for receipt of bids
by prime contractors.
   (B) A state or local agency may implement subparagraph (A) at its
option.
   (b) The portion of the work that will be done by each
subcontractor  under  pursuant to  this
act. The prime contractor shall list only one subcontractor for each
portion as is defined by the prime contractor in his or her bid.