Bill Text: CA AB2107 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Public works: prevailing wages: school districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-28 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2107 Detail]

Download: California-2011-AB2107-Introduced.html

---

BILL NUMBER: AB 2107	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Valadao

                        FEBRUARY 23, 2012

   An act to add Section 35169 to the Education Code, relating to
public works.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2107, as introduced, Valadao. Public works: prevailing wages:
school districts.
   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 further requires
that, except as specified, not less than the general prevailing rate
of per diem wages be paid to workers employed on public works
projects, and imposes misdemeanor penalties for a violation of this
requirement. Existing law exempts certain projects from the
prevailing wage requirements.
   This bill would exempt from the prevailing wage requirements the
governing board of a school district with regard to the construction,
reconstruction, or rehabilitation of school facilities for which the
state or any political subdivision pays less than 50% of the total
payment under the contract directly to or on behalf of the
contractor, subcontractor, or developer executing the contract, as
provided.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35169 is added to the Education Code, to read:
   35169.  (a) The governing board of a school district is not
required to comply with the wage requirements of Section 1771 of the
Labor Code, or the successor to that section or any other requirement
for the payment of prevailing wages, with regard to the
construction, reconstruction, or rehabilitation of school facilities
where the state or any political subdivision pays a cumulative amount
of less than 50 percent of the total payment under the contract
directly to or on behalf of the contractor, subcontractor, or
developer executing the contract, except to the extent required by
federal law.
   (b) If a change order or other contract amendment increases the
amount paid by the state or any political subdivision to 50 percent
or more of the total payment, this section shall not apply to work
performed under that contract, as amended by the change order or
other contract amendment, beginning on the date that the change order
or other contract amendment is effective.
   (c) If a change order or other contract amendment decreases the
cumulative amount paid by the state or any political subdivision
thereof to less than 50 percent of the total payment, this section
shall not apply to work performed under that contract, as amended by
the change order or other contract amendment beginning on the date
that the change order or other contract amendment is effective.