BILL NUMBER: SB 599	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Mendoza

                        FEBRUARY 27, 2015

   An act to amend Section 1071 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 599, as introduced, Mendoza. Employment: public transit service
contracts.
   Existing law requires a local government agency to give a 10%
preference to any bidder on a service contract to provide public
transit services who agrees to retain employees of the prior
contractor or subcontractor for a period of not less than 90 days, as
specified.
   This bill would expand these provisions to require a state agency
to also give a 10% preference to any bidder under these provisions.
   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 1071 of the Labor Code is amended to read:
   1071.  The following definitions apply throughout this chapter:
   (a) "Awarding authority" means any  state or  local
government agency,  including   including, but
not limited to,  any city, county, special district, transit
district, joint powers authority, or nonprofit corporation that
awards or otherwise enters into contracts for public transit services
performed within the  State of California.   s
  tate. 
   (b) "Bidder" means any person who submits a bid to an awarding
agency for a public transit service contract or subcontract.
   (c) "Contractor" means any person who enters into a public transit
service contract with an awarding authority.
   (d) "Employee" means any person who works for a contractor or
subcontractor under a contract. "Employee" does not include an
executive, administrative, or professional employee exempt from the
payment of overtime compensation within the meaning of subdivision
(a) of Section 515 or any person who is not an "employee" as defined
under Section 2(3) of the  federal  National Labor Relations
Act (29 U.S.C. Sec. 152(3)).
   (e) "Person" means any individual, proprietorship, partnership,
joint venture, corporation, limited liability company, trust,
association, or other entity that may employ individuals or enter
into contracts.
   (f) "Public transit services" means the provision of passenger
transportation services to the general public, including paratransit
service.
   (g) "Service contract" means any contract the principal purpose of
which is to provide public transit services through the use of
service employees.
   (h) "Subcontractor" means any person who is not an employee who
enters into a contract with a contractor to assist the contractor in
performing a service contract.