SB 377

  • California Senate Bill
  • 2013-2014 Regular Session
  • Introduced in Senate Feb 20, 2013
  • Passed Senate May 28, 2013
  • Passed Assembly Sep 09, 2013
  • Signed by Governor Oct 12, 2013

Public works: project determinations: wage and penalty assessments.

Abstract

Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law authorizes the Director of Industrial Relations to establish rules and regulations for the purpose of carrying out public works requirements, including, but not limited to, the responsibilities and duties of awarding bodies relating to public works projects. This bill would require, when a request is made to the director for a determination of whether a specific project or type of work awarded or undertaken by a political subdivision is a public work, the director to make that determination within 60 days of receipt of the last support or opposition letter relating to that project or type of work, and for projects or types of work that are otherwise private development projects receiving public funds, within 120 days of receipt, except as specified. The bill would require an administrative appeal of that determination to be made within 30 days of the date of the determination, and would require the director to issue a determination on an appeal within 120 days after the receipt of the appeal, except as specified. The bill would grant to the director quasi-legislative authority to determine coverage of projects or types of work under prevailing wage requirements, and provide that a final determination on any appeal is subject to judicial review. The bill would exempt those determinations, and determinations relating to the general prevailing rate of per diem wages and for holiday, shift, and overtime work, from the Administrative Procedure Act. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a violation of the laws regulating public works projects, including the payment of prevailing wages. The assessment is required to be served within 180 days after the filing of a valid notice of completion in the county where the public work was performed or within 180 days after the acceptance of the public work, except as specified. Existing law authorizes a joint labor-management committee, established pursuant to a specified provision of federal law, to bring an action against any employer who fails to pay prevailing wages as required by state law. Under existing law, each contractor and subcontractor is required to keep accurate payroll records, as prescribed, that are certified and available for inspection, as specified. This bill would toll the period for service of assessments and for commencing an action brought by a joint labor-management committee for the period of time required by the Director of Industrial Relations to make a determination of whether the project is a public work, as specified. The bill would also toll those periods for the period of time that a contractor or subcontractor fails to provide certified payroll records pursuant to a request from the Labor Commissioner, a joint labor-management committee, or an approved labor compliance program. The bill would require the person filing the notice of completion to also provide notice to the Labor Commissioner, as specified, and would require the awarding body or political subdivision accepting a public work to provide to the Labor Commissioner notice of that acceptance, as specified. The bill would toll the period for service of assessments and for commencing an action brought by a joint labor-management committee for the length of time notice is not provided to the Labor Commissioner.

Bill Sponsors (1)

Votes


Actions


Oct 12, 2013

California State Legislature

Chaptered by Secretary of State. Chapter 780, Statutes of 2013.

California State Legislature

Approved by the Governor.

Sep 18, 2013

California State Legislature

Enrolled and presented to the Governor at 5 p.m.

Sep 10, 2013

Senate

Assembly amendments concurred in. (Ayes 26. Noes 10. Page 2289.) Ordered to engrossing and enrolling.

Sep 09, 2013

Assembly

Read third time. Passed. (Ayes 53. Noes 25. Page 3019.) Ordered to the Senate.

Senate

In Senate. Concurrence in Assembly amendments pending.

Sep 04, 2013

Assembly

Read second time. Ordered to third reading.

Sep 03, 2013

Assembly

Read second time and amended. Ordered to second reading.

Aug 30, 2013

Assembly

From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 30).

Aug 21, 2013

Assembly

Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 15, 2013

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (August 14). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Referral-Committee
  • Committee-Passage
Com. on APPR.

Jun 25, 2013

Assembly

Set, first hearing. Hearing canceled at the request of author.

Jun 17, 2013

Assembly

Referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

May 29, 2013

Assembly

In Assembly. Read first time. Held at Desk.

May 28, 2013

Senate

Read third time. Passed. (Ayes 28. Noes 10. Page 1103.) Ordered to the Assembly.

May 24, 2013

Senate

Read second time. Ordered to third reading.

May 23, 2013

Senate

From committee: Do pass. (Ayes 5. Noes 2. Page 1013.) (May 23).

May 21, 2013

Senate

Set for hearing May 23.

May 20, 2013

Senate

Placed on APPR. suspense file.

May 10, 2013

Senate

Set for hearing May 20.

May 09, 2013

Senate

Set, first hearing. Hearing canceled at the request of author.

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

May 03, 2013

Senate

Set for hearing May 13.

May 01, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Senate

Hearing postponed by committee.

Apr 26, 2013

Senate

Set for hearing May 6.

Apr 24, 2013

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 664.) (April 24). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Referral-Committee
  • Committee-Passage
Com. on APPR.

Apr 09, 2013

Senate

Set for hearing April 24.

Apr 03, 2013

Senate

Re-referred to Com. on L. & I.R.

  • Referral-Committee
Com. on L. & I.R.

Apr 01, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on RLS.

Feb 28, 2013

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 21, 2013

Senate

From printer. May be acted upon on or after March 23.

Feb 20, 2013

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB377 HTML
02/20/13 - Introduced PDF
04/01/13 - Amended Senate PDF
05/01/13 - Amended Senate PDF
05/09/13 - Amended Senate PDF
09/03/13 - Amended Assembly PDF
09/12/13 - Enrolled PDF
10/12/13 - Chaptered PDF

Related Documents

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