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ASSEMBLY BILL 1646 (STEINBERG – 2000)

CHAPTER 954, STATUTES OF 2000

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Sections from the Labor Code relating to public works were affected in 2000 following legislative approval of Assembly Bill 1646.  (See Exhibit #1i)  This bill was introduced originally on March 4, 1999 by the Assembly Committee on Labor and Employment, which was chaired by Assembly member Darrell Steinberg, at the request of the State Building and Construction Trades.  (See Exhibits #1a and #14a, page 1)  Later, Assembly member Steinberg was named as the sole author of this bill.  (See Exhibit #1g) 

Assembly Bill 1646 was assigned to the Assembly Committee on Labor and Employment and the Senate Committee’s on Industrial Relations and Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3, #9 and #11)  The fiscal ramifications of the bill were considered by the Assembly Committee on Appropriations and the Senate Committee on Appropriations.  (See Exhibits #2 and #5)  Seven amendments were made to Assembly Bill 1646.  (See Exhibits #1b through #1h and #2)  Subsequent to legislative approval, Governor Gray Davis signed the bill on September 29, 2000, and it was recorded by the Secretary of State on September 30, 2000 as Chapter 954 of the Statutes of 2000.  (See Exhibits #1i and #2)

The Concurrence in Senate Amendments analysis of Assembly Bill 1646 as last amended that was prepared by the Assembly Committee on Labor and Employment described this measure as follows:

Revises the administrative and judicial procedures for the review of a decision to withhold funds from a contractor due to a determination by the Labor Commissioner (Commissioner) or an awarding body that prevailing wages have not been paid on a public works project.  Replaces the current system of de novo court review with a formal administrative appeal process in the Department of Industrial Relations (DIR), followed by limited judicial review.  Includes companies issuing a wage bond in the proceedings.
(See Exhibit # 16, page 1)