BILL ANALYSIS �
SB 266
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 266 (Lieu) - As Amended: June 30, 2014
Policy Committee: Labor Vote:5-1
Urgency: Yes State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill clarifies the procedure for providing the Labor
Commissioner with notice of completion or acceptance of a public
work. Specifically, this bill:
1)Requires the awarding body, within 10 days after receipt of a
written request from the Labor Commissioner, to furnish a copy
of the valid notice of completion or a document evidencing
acceptance of a public work, whichever occurs later, to the
Labor Commissioner by first-class mail.
2)Specifies if no document has been filed with the office of the
county recorder, and there is no document evidencing the
awarding body's acceptance of the public work on a particular
date, the awarding body shall notify the office of the Labor
Commissioner.
3)Requires the awarding body, after the notification of no
documentation, to provide copies of the applicable document
within 10 days after filing a valid notice of completion with
the county recorder's office or the awarding body's acceptance
of the public work.
4)Applies a toll if the awarding body fails to furnish the Labor
Commissioner with specified documents. The toll applies until
the Labor Commissioner receives the valid notice of completion
or a document evidencing the awarding body's acceptance of the
public work.
FISCAL EFFECT
Negligible fiscal impact to the Department of Industrial
SB 266
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Relations.
COMMENTS
1)Background . Current law defines "public works" to include
construction, alteration, demolition, installation or repair
work done under contract and "paid for in whole or in part out
of public funds." Current law also requires the prevailing
wage rate to be paid to workers on public works projects over
$1,000.
2)Purpose. SB 377 (Lieu), Chapter 780, Statutes of 2013 sought
to streamline the determination process for public works
projects to ensure workers receive prevailing wage as required
under existing law. Among other things, SB 377 required the
Labor Commissioner to determine the process for filing notice
of public works projects and acceptance of a public work
project.
Governor Brown's signing message for SB 377 requested the
Legislature introduce a bill the following year to streamline
the notice of completion process. According to the author's
office, SB 266 was drafted to address the Governor's request
and ensure the efficient implementation of the bill.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081