BILL ANALYSIS �
SB 1370
Page A
Date of Hearing: June 20, 2012
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
SB 1370 (Tom Berryhill) - As Introduced: February 24, 2012
SENATE VOTE : 37-0
SUBJECT : Prevailing wages: public works: code list.
SUMMARY : Requires the Department of Industrial Relations (DIR)
to post code sections related to prevailing wage law online.
Specifically, this bill :
1)Requires DIR to post a list of every California code section
and the language of those sections that relates to the
prevailing wage rate of per diem wage requirements for workers
employed on public works projects on DIR's Internet web site.
2)Requires DIR to post the aforementioned information by June 1,
2013 and to update it annually on February 1 of each
subsequent year.
EXISTING LAW :
1)Requires that not less than the general prevailing wage rate
be paid to all workers employed on a "public works" project
costing over $1,000 dollars and imposes misdemeanor penalties
for a violation of this requirement.
2)Defines "public work" to include, 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. (Labor Code �1720)
3)Defines "paid for in whole or in part out of public funds" as
specified.
FISCAL EFFECT : Unknown
COMMENTS : The author and sponsor argue that there is no one
specific location where all projects subject to state mandated
prevailing wage are listed. Proponents believe this one-stop
web-based listing would increase government transparency and
improve compliance with both project owners and contractors
SB 1370
Page B
alike. The author states that currently there are dozens of
statutes scattered throughout California Codes that mandate
payment of prevailing wage on a variety of projects. The author
states that, while DIR does maintain extensive information that
is at times helpful, it fails to include a comprehensive code
list of prevailing wage statutes and where they can be found.
DIR maintains a public website where it provides information on
labor-related issues and questions. DIR's website already
contains an easily-identifiable tab labeled "Public Works"
where, among other things, information is posted related to
prevailing wage determinations, prevailing wage "frequently
asked questions," prevailing wage regulations, and a
comprehensive "Public Works Manual" (currently undergoing
revision).<1>
DIR's website also contains a link to the entire California
Labor Code, the relevant provisions of the California Code of
Regulations, and other important information.<2>
Moreover, DIR and the Division of Apprenticeship Standards
recently launched a web portal ( www.calpublicworks.com )
entitled, "Building Compliance & Community Alliance: Public
Works Tool Kit" which contains one-stop access for information
for awarding agencies and contractors related to public works
and prevailing wages.<3> Among other things, the web portal
contains access to the portions of the California Labor Code
relevant to public works, the California Code of Regulations, a
"checklist" of labor law requirements, a "contractor checklist,"
a series of frequently asked questions, and public works forms,
in addition to other information.
REGISTERED SUPPORT / OPPOSITION :
Support
Associated Builders and Contractors of California (sponsor)
California Society of Association Executives
---------------------------
<1> This information may be accessed at
http://www.dir.ca.gov/dlse/dlsePublicWorks.html
<2> This information may be accessed at
http://www.dir.ca.gov/dlse/dlseLaws.html
<3> This web portal may be accessed at
http://www.calpublicworks.com
SB 1370
Page C
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091