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AB-625 Service contracts: public transit: collection and transportation of solid waste: retention of employees.(2019-2020)

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Date Published: 09/05/2019 04:00 AM
AB625:v98#DOCUMENT

Enrolled  September 04, 2019
Passed  IN  Senate  September 03, 2019
Passed  IN  Assembly  May 29, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 625

Introduced by Assembly Member Kalra

February 15, 2019

An act to amend Section 1071 of the Labor Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 625, Kalra. Service contracts: public transit: collection and transportation of solid waste: retention of employees.
Existing law imposes requirements on certain local government agencies that award or otherwise enter into contracts for public transit services or for the collection and transportation of solid waste, relating to the retention of employees of the prior contractor or subcontractor. Existing law requires such a local government agency letting a contract out to bid to give a 10% preference to a bidder who agrees to retain employees for a specified period, as prescribed. Specific provisions apply only to service contracts for the collection and transportation of solid waste.
This bill would expand the application of these provisions to a state agency that enters into such a contract.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1071 of the Labor Code is amended to read:

1071.
 The following definitions apply to this chapter:
(a) “Awarding authority” means a state or local government agency, including, but not limited to, a city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the state.
(b) “Bidder” means a person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract.
(c) “Contractor” means a person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority.
(d) “Employee” means an individual who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or a person who is not an “employee” as defined under Section 2(3) of the federal National Labor Relations Act (29 U.S.C. Sec. 152(3)).
(e) “Person” means an individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(f) “Public transit services” means the provision of passenger transportation services to the general public, including, but not limited to, paratransit service.
(g) “Service contract” means a contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees.
(h) “Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code.
(i) “Subcontractor” means a person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers.