California 2011-2012 Regular Session Status: In Committee 1 R cosponsors

SB 727 — Public works: prevailing wages.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 62(a).

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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, including public works projects of less than $1,000. Existing law requires that prevailing wages be paid on contracts let for maintenance work. This bill would specify that workers must be employed directly at the site of the work to be deemed employed upon public work. The bill would exempt from the prevailing wage requirements public projects of less than $100,000. The bill would also exempt from the prevailing wage requirements the governing board of a school district with regard to the construction, reconstruction, or rehabilitation of school facilities, any fabrication or prefabrication work done at a permanent offsite facility of a contractor, a public work project of a local agency that adopts a resolution or ordinance, as specified, workers employed on a hospital seismic retrofitting project. The bill would also exempt from the definition of "public works," for purposes of the prevailing wage requirements, work performed during the design and preconstruction phases of construction, including inspection and land surveying work and would delete provisions of existing law specifying that "public works" includes the hauling of refuse from a public works site to an outside disposal location. This bill would revise the definitions of "public works" and "paid for in whole or in part out of public funds," as provided. This bill would exclude from the prevailing wage requirements contracts for which the state or any political subdivision pays a cumulative amount of 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, and would revise certain existing exclusions, as specified. This bill would also remove the prevailing wage requirements for contracts let for maintenance work. Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank in the Trade and Commerce Agency, which requires public works financed by the bank to comply with those laws relating to payment of prevailing wages. This bill would remove the requirement that public works financed under that act comply with the prevailing wage requirements. Existing law, until January 1, 2017, specifies that the prevailing wage requirement does not apply to work performed on or after January 1, 2002, by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or of a certified community conservation corps, as defined. This bill would delete the January 1, 2017, date upon which this provision is repealed thus extending this provision indefinitely. Existing law imposes specified requirements on contracts of $30,000 or more of general contractors or specialty contractors with regard to the use of apprentices or journeymen on public works projects. This bill would instead impose these requirements on contracts of $100,000 or more. Because this bill would expand the application of the prevailing wage requirements, the violation of which is a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 62(a).

  2. Set, second hearing. Failed passage in committee. (Ayes 0. Noes 5. Page 2641.)

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.

  4. Set for hearing January 11.

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

  6. Set for hearing April 27.

  7. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.

  8. Referred to Com. on L. & I.R.

  9. From printer. May be acted upon on or after March 22.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

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Frequently asked questions

What does SB 727 do?
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, including public works projects of less than $1,000. Existing law requires that prevailing wages be paid on contracts let for maintenance work. This bill would specify that workers must be employed directly at the site of the work to be deemed employed upon public work. The bill would exempt from the prevailing wage requirements public projects of less than $100,000. The bill would also exempt from the prevailing wage requirements the governing board of a school district with regard to the construction, reconstruction, or rehabilitation of school facilities, any fabrication or prefabrication work done at a permanent offsite facility of a contractor, a public work project of a local agency that adopts a resolution or ordinance, as specified, workers employed on a hospital seismic retrofitting project. The bill would also exempt from the definition of "public works," for purposes of the prevailing wage requirements, work performed during the design and preconstruction phases of construction, including inspection and land surveying work and would delete provisions of existing law specifying that "public works" includes the hauling of refuse from a public works site to an outside disposal location. This bill would revise the definitions of "public works" and "paid for in whole or in part out of public funds," as provided. This bill would exclude from the prevailing wage requirements contracts for which the state or any political subdivision pays a cumulative amount of 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, and would revise certain existing exclusions, as specified. This bill would also remove the prevailing wage requirements for contracts let for maintenance work. Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank in the Trade and Commerce Agency, which requires public works financed by the bank to comply with those laws relating to payment of prevailing wages. This bill would remove the requirement that public works financed under that act comply with the prevailing wage requirements. Existing law, until January 1, 2017, specifies that the prevailing wage requirement does not apply to work performed on or after January 1, 2002, by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or of a certified community conservation corps, as defined. This bill would delete the January 1, 2017, date upon which this provision is repealed thus extending this provision indefinitely. Existing law imposes specified requirements on contracts of $30,000 or more of general contractors or specialty contractors with regard to the use of apprentices or journeymen on public works projects. This bill would instead impose these requirements on contracts of $100,000 or more. Because this bill would expand the application of the prevailing wage requirements, the violation of which is a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 727?
SB 727 is sponsored by Grove, Shannon (Republican), Harkey, Beth Gaines, and Bill Berryhill.
What is the current status of SB 727?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 727?
Track SB 727 free on One Click Politics — get push/email alerts when it moves.

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