BILL ANALYSIS �
AB 766
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 766 (Monning)
As Amended August 24, 2011
Majority vote
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|ASSEMBLY: |65-8 |(May 19, 2011) |SENATE: |29-6 |(August 30, |
| | | | | |2011) |
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Original Committee Reference: L. & E.
SUMMARY : Requires nonredacted copies of certified payroll
records to be provided upon request to any agency included in
the Joint Enforcement Strike Force on the Underground Economy
(JESF), and other specified agencies.
The Senate amendments :
1)Specify that any copies of payroll records made available to
the public by these agencies shall be marked or redacted to
prevent disclosure of specified information.
2)Provide that an employer is not liable in a civil action for
any reasonable act or omission taken in good faith in
compliance with these requirements.
3)Include chaptering out amendments to avoid a conflict with AB
551 (Campos).
4)Add a co-author.
EXISTING LAW :
1)Requires, generally, the payment of prevailing wages on public
works contracts over $1,000.
2)Requires each contractor and subcontractor performing work on
a public works project to keep payroll records regarding his
or her employees.
3)Authorizes various individuals and entities to inspect
certified copies of such records under certain conditions.
4)Requires that any copy of such records made available to the
AB 766
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public or a public agency must be marked or obliterated to
prevent disclosure of an individual's name, address and social
security number. The name and address of the contractor
awarded the contract or the subcontractor performing the
contract shall not be marked or obliterated.
AS PASSED BY THE ASSEMBLY , this bill specified that enforcement
agencies that are included in JESF and other specified agencies
shall have access to unmarked or unobliterated copies of
certified payroll records on public works projects.
FISCAL EFFECT : Unknown
COMMENTS : In October 1993, Executive Order W-66-93 was issued
establishing JESF to combat the underground economy through
coordinating enforcement activities among various entities. The
Legislature subsequently added JESF to state law.
JESF is a partnership among the Employment Development
Department (EDD), the Division of Labor Standards Enforcement,
the Department of Consumer Affairs, the Office of Criminal
Justice Planning, the Franchise Tax Board, the Board of
Equalization, and the United States Department of Justice.
The focus of JESF has been to target, among other industries,
auto body repair, bars and restaurants, construction, garment
manufacturing, public works, and janitorial services. JESF is
authorized to form joint enforcement teams. Since the formation
of JESF three joint enforcement efforts have been implemented:
the Employment Enforcement Task Force, the Construction
Enforcement Project, and the Janitorial Enforcement Project.
According to the author, this bill will be a tool to help state
agencies involved in enforcement of underground economy activity
to coordinate their limited financial resources for increased
enforcement results. Specifically, this bill amends current law
to permit unredacted copies of records to be shared between
agencies that are included in JESF and other law enforcement
agencies investigating violations of law.
The author argues that this bill would provide for greater
coordinated efforts between state agencies that are involved
with underground economy enforcement without having to
individually reconstruct a case for prosecution. The
anticipated result will be significantly greater compliance by
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business owners doing business in California, as well as
increased monies collected for the state.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0002121