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SB-913 Public works: City of Los Angeles: graffiti abatement.(2017-2018)

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Date Published: 08/24/2018 09:00 PM
SB913:v95#DOCUMENT

Senate Bill No. 913
CHAPTER 200

An act to add and repeal Section 1720.5 of the Labor Code, relating to public works.

[ Approved by Governor  August 24, 2018. Filed with Secretary of State  August 24, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 913, Hertzberg. Public works: City of Los Angeles: graffiti abatement.
Existing law generally requires that not less than the general prevailing rate of per diem wages, as specified, be paid to workers employed on a public work, as defined. Existing law sets forth the penalties for a violation of this requirement. Existing law prohibits a charter city from receiving or using state funding or financial assistance for a construction project if the charter city has a charter that does not require, or the charter city has not required within the last 2 years, compliance with these provisions on a public works contract, as specified.
This bill would exempt from the requirement to pay a prevailing wage of per diem wages, until January 1, 2024, graffiti abatement work performed pursuant to a contract between the City of Los Angeles and a nonprofit community-based organization if the work is performed by specified individuals.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1720.5 is added to the Labor Code, to read:

1720.5.
 This chapter shall not apply to graffiti abatement work performed pursuant to a contract between the City of Los Angeles and a nonprofit community-based organization if the work is performed by any of the following:
(a) A volunteer within the meaning of Section 1720.4.
(b) A volunteer coordinator within the meaning of Section 1720.4.
(c) An individual performing community service ordered by a court as a condition of probation.
(d) An individual enrolled in a bona fide preapprenticeship training program, as described in subdivision (e) of Section 14230 of the Unemployment Insurance Code, that meets all of the following criteria:
(1) The program was established pursuant to an agreement entered into on or before March 1, 2019, between the City of Los Angeles and a building trades apprenticeship program approved by the Division of Apprenticeship Standards.
(2) The program follows the multicraft core curriculum implemented by the State Department of Education for its pilot project with the California Partnership Academies and by the California Workforce Development Board and local boards.
(3) The program enrolls preapprentices for no longer than one year.
(4) The program provides pathways for continued employment after the preapprenticeship program is completed.
(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the City of Los Angeles to conduct graffiti abatement and support the work of nonprofit community-based organizations that support the work of volunteers, individuals on probation, and individuals participating in preapprenticeship programs.