Bills

AB 2439: Public works: prevailing wages: access to records.

  • Session Year: 2023-2024
  • House: Assembly

Current Status:

Failed

(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.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law defines public works, for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Existing law requires any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individuals name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individuals full social security number, as specified.

This bill would require an owner, a developer, or the agent of an owner or developer, that, among other things, receives public funds from a public agency to perform specified public works projects, to make available upon written request from a joint labor-management committee, a multiemployer Taft-Hartley trust fund, or a specified tax-exempt organization specified public works records in their possession, including requests for bids and submitted bid documents, inspection and work logs, and funding documentation. The bill would subject an owner, a developer, the agent of an owner or developer, a contractor, and a subcontractor, for failing to comply with the provisions of this bill, to a penalty by the Labor Commissioner, as specified, and would deposit the penalties into a specified fund.

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 peoples 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 bodys 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 owners or developers 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.

Discussed in Hearing

Assembly Standing Committee on Labor and Employment19MIN
Apr 17, 2024

Assembly Standing Committee on Labor and Employment

View Older Hearings

News Coverage: