Bill Text: CA AB2439 | 2023-2024 | Regular Session | Amended
Bill Title: Public works: prevailing wages: access to records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-18 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 17). Re-referred to Com. on APPR. [AB2439 Detail]
Download: California-2023-AB2439-Amended.html
Amended
IN
Assembly
April 01, 2024 |
Introduced by Assembly Member Quirk-Silva |
February 13, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the California Public Records Act, requires state and local agencies, as defined, to make their records available for public inspection, unless an exemption from disclosure applies. Existing law declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law requires specified state and local bodies to establish written guidelines for accessibility of records. Existing law requires the state and local bodies to post a copy of these guidelines in a conspicuous public place at the offices of these bodies, and to make available a copy of the guidelines upon request, free of charge, to any
person requesting that body’s records.
This bill would additionally require an owner, developer, or their agents who receives public funds or the equivalent of public funds from a public agency to perform a public works project, as defined, to be subject to the act in connection with records that it prepares, owns, uses, or retains relating to that public works project. The bill would require the owner, developer, or their agents to establish written guidelines for accessibility of records. The bill would also require the owner, developer, or their agents to post a copy of these guidelines in a conspicuous public place at the offices of these owners and developers, and to make available a copy of the guidelines upon request, free of charge, to any person requesting that owner’s or developer’s records.
The California Constitution requires local agencies, for the purpose of ensuring public access to the
meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1776.2 is added to the Labor Code, to read:1776.2.
(a) An owner, a developer, or the agent of an owner or developer, that contracts with a contractor or subcontractor or engages in the performance of work on a public works project subject to this chapter and that receives public funds as set forth in subdivision (b) of Section 1720 from a public agency to perform a public works project pursuant to subdivision (c) of Section 1720, shall make available upon written request from an authorized entity the following public works records in their possession:(a)Notwithstanding Sections 7920.510, 7920.525, and 7920.540, an owner, developer, or their agents who receives public funds or the equivalent of public funds from a public agency to perform a public works project, pursuant to Section 1720 of the Labor Code, shall be subject to this division in connection with records that it prepares, owns, uses, or retains relating to that public works project.
(b)(1)An owner, developer, or their agent described in subdivision (a) shall establish written guidelines for accessibility of records, in accordance with Section 7922.635.
(2)A copy of
these guidelines shall be posted in a conspicuous public place at the offices of these owners or developers, as applicable, and a copy of the guidelines shall be available upon request, free of charge, to any person requesting that owner’s or developer’s records.
The Legislature finds and declares that Section 1 of this act, which adds Section 7920.300 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution,
the Legislature makes the following findings:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning publicly funded public works construction projects administered by nonpublic entities is available to the public.