1770.  The Director of the Department of Industrial Relations shall
determine the general prevailing rate of per diem wages in accordance
with the standards set forth in Section 1773, and the director's
determination in the matter shall be final except as provided in
Section 1773.4.  Nothing in this article, however, shall prohibit the
payment of more than the general prevailing rate of wages to any
workman employed on public work.  Nothing in this act shall permit
any overtime work in violation of Article 3 of this chapter.



1771.  Except for public works projects of one thousand dollars
($1,000) or less, not less than the general prevailing rate of per
diem wages for work of a similar character in the locality in which
the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed
on public works.
   This section is applicable only to work performed under contract,
and is not applicable to work carried out by a public agency with its
own forces. This section is applicable to contracts let for
maintenance work.


1771.5.  (a) Notwithstanding Section 1771, an awarding body shall
not require the payment of the general prevailing rate of per diem
wages or the general prevailing rate of per diem wages for holiday
and overtime work for any public works project of twenty-five
thousand dollars ($25,000) or less when the project is for
construction work, or for any public works project of fifteen
thousand dollars ($15,000) or less when the project is for
alteration, demolition, repair, or maintenance work, if the awarding
body elects to initiate and enforce a labor compliance program
pursuant to subdivision (b) for every public works project under the
authority of the awarding body.
   (b) For the purposes of this section, a labor compliance program
shall include, but not be limited to, the following requirements:
   (1) All bid invitations and public works contracts shall contain
appropriate language concerning the requirements of this chapter.
   (2) A prejob conference shall be conducted with the contractor and
subcontractors to discuss federal and state labor law requirements
applicable to the contract.
   (3) Project contractors and subcontractors shall maintain and
furnish, at a designated time, a certified copy of each weekly
payroll containing a statement of compliance signed under penalty of
perjury.
   (4) The awarding body shall review, and, if appropriate, audit
payroll records to verify compliance with this chapter.
   (5) The awarding body shall withhold contract payments when
payroll records are delinquent or inadequate.
   (6) The awarding body shall withhold contract payments equal to
the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred.



1771.6.  Notwithstanding Sections 1730, 1731, and 1734, any
political subdivision which enforces this chapter in accordance with
Section 1771.5 shall, at the  expiration of 90 days after the
completion of the contract and the formal acceptance of the job,
deposit all penalties or forfeitures withheld from any contract
payment in the general fund of the political subdivision.  Any court
collecting any fines or penalties under the criminal provisions of
this chapter, or any of the labor laws pertaining to public works,
when the fines and penalties resulted from enforcement actions by a
political subdivision pursuant to Section 1771.5, shall deposit the
fines or penalties in the general fund of the political subdivision.




1771.6.  (a) Any awarding body that enforces this chapter in
accordance with Section 1726 or 1771.5 shall provide notice of the
withholding of contract payments to the contractor and subcontractor,
if applicable.  The notice shall be in writing and shall describe
the nature of the violation and the amount of wages, penalties, and
forfeitures withheld.  Service of the notice shall be completed
pursuant to Section 1013 of the Code of Civil Procedure by
first-class and certified mail to the contractor and subcontractor,
if applicable. The notice shall advise the contractor and
subcontractor, if applicable, of the procedure for obtaining review
of the withholding of contract payments.
   The awarding body shall also serve a copy of the notice by
certified mail to any bonding company issuing a bond that secures the
payment of wages covered by the notice and to any surety on a bond,
if their identities are known to the awarding body.
   (b) The withholding of contract payments in accordance with
Section 1726 or 1771.5 shall be reviewable under Section 1742 in the
same manner as if the notice of the withholding was a civil penalty
order of the Labor Commissioner under this chapter.  If review is
requested, the Labor Commissioner may intervene to represent the
awarding body.
   (c) Pending a final order, or the expiration of the time period
for seeking review of the notice of the withholding, the awarding
body shall not disburse any contract payments withheld.
   (d) From the amount recovered, the wage claim shall be satisfied
prior to the amount being applied to penalties.  If insufficient
money is recovered to pay each worker in full, the money shall be
prorated among all workers.
   (e) Wages for workers who cannot be located shall be placed in the
Industrial Relations Unpaid Wage Fund and held in trust for the
workers pursuant to Section 96.7.  Penalties shall be paid into the
General Fund of the awarding body that has enforced this chapter
pursuant to Section 1771.5.



1771.7.  A contractor may appeal an enforcement action by a
political subdivision pursuant to Section 1771.5 to the Director of
Industrial Relations.  Any ruling by the director shall be final and,
notwithstanding Section 1732, any appeal shall waive the contractor'
s right to bring court action on the same issue.



1772.  Workers employed by contractors or subcontractors in the
execution of any contract for public work are deemed to be employed
upon public work.


1773.  The body awarding any contract for public work, or otherwise
undertaking any public work, shall obtain the general prevailing rate
of per diem wages and the general prevailing rate for holiday and
overtime work in the locality in which the public work is to be
performed for each craft, classification, or type of worker needed to
execute the contract from the Director of Industrial Relations.  The
holidays upon which those rates shall be paid need not be specified
by the awarding body, but shall be all holidays recognized in the
applicable collective bargaining agreement.  If the prevailing rate
is not based on a collectively bargained rate, the holidays upon
which the prevailing rate shall be paid shall be as provided in
Section 6700 of the Government Code.
   In determining the rates, the Director of Industrial Relations
shall ascertain and consider the applicable wage rates established by
collective bargaining agreements and the rates that may have been
predetermined for federal public works, within the locality and in
the nearest labor market area.  Where the rates do not constitute the
rates actually prevailing in the locality, the director shall obtain
and consider further data from the labor organizations and employers
or employer associations concerned, including the recognized
collective bargaining representatives for the particular craft,
classification, or type of work involved.  The rate fixed for each
craft, classification, or type of work shall be not less than the
prevailing rate paid in the craft, classification, or type of work.
   If the director determines that the rate of prevailing wage for
any craft, classification, or type of worker is the rate established
by a collective bargaining agreement, the director may adopt that
rate by reference as provided for in the collective bargaining
agreement and that determination shall be effective for the life of
the agreement or until the director determines that another rate
should be adopted.


1773.1.  Per diem wages shall be deemed to include employer payments
for health and welfare, pension, vacation, travel, subsistence, and
apprenticeship or other training programs authorized by Section 3093
so long as the cost of training is reasonably related to the amount
of the contributions, and similar purposes, when the term "per diem
wages" is used in this chapter or in any other statute applicable to
public works.
   For the purpose of determining per diem wages for contracts
entered into with the state, the representative of any craft,
classification, or type of worker needed to execute the contracts
entered into with the state shall file with the Department of
Industrial Relations an executed statement of the collectively
bargained wage rates for the particular craft, classification, or
type of work involved. The statement of rates shall be filed within
10 days after the rates have been negotiated and thereafter may be
taken into consideration pursuant to Section 1773 whenever filed 30
days prior to the call for bids.



1773.1.  (a) Per diem wages shall be deemed to include employer
payments for health and welfare, pension, vacation, travel,
subsistence, and apprenticeship or other training programs authorized
by Section 3093, so long as the cost of training is reasonably
related to the amount of the contributions, and similar purposes,
when the term "per diem wages" is used in this chapter or in any
other statute applicable to public works.
   (b) Employer payments include all of the following:
   (1) The rate of contribution irrevocably made by the employer to a
trustee or third person pursuant to a plan, fund, or program.
   (2) The rate of actual costs to the employer reasonably
anticipated in providing benefits to workers pursuant to an
enforceable commitment to carry out a financially responsible plan or
program communicated in writing to the workers affected.
   (3) Payments to the California Apprenticeship Council pursuant to
Section 1777.5.
   (c) Employer payments are a credit against the obligation to pay
the general prevailing rate of per diem wages.  However, no credit
shall be granted for benefits required to be provided by other state
or federal law.  Credits for employer payments also shall not reduce
the obligation to pay the hourly straight time or overtime wages
found to be prevailing.
   (d) The credit for employer payments shall be computed on an
annualized basis where the employer seeks credit for employer
payments that are higher for public works projects than for private
construction performed by the same employer, except where one or more
of the following occur:
   (1) The employer has an enforceable obligation to make the higher
rate of payments on future private construction performed by the
employer.
   (2) The higher rate of payments is required by a project labor
agreement.
   (3) The payments are made to the California Apprenticeship Council
pursuant to Section 1777.5.
   (4) The director determines that annualization would not serve the
purposes of this chapter.
   (e) For the purpose of determining those per diem wages for
contracts, the representative of any craft, classification, or type
of worker needed to execute contracts shall file with the Department
of Industrial Relations fully executed copies of the collective
bargaining agreements for the particular craft, classification, or
type of work involved.  The collective bargaining agreements shall be
filed after their execution and thereafter may be taken into
consideration pursuant to Section 1773 whenever filed 30 days prior
to the call for bids.  If the collective bargaining agreement has not
been formalized, a typescript of the final draft may be filed
temporarily, accompanied by a statement under penalty of perjury as
to its effective date.
   Where a copy of the collective bargaining agreement has previously
been filed, fully executed copies of all modifications and
extensions of the agreement that affect per diem wages or holidays
shall be filed.
   The failure to comply with filing requirements of this subdivision
shall not be grounds for setting aside a prevailing wage
determination if the information taken into consideration is correct.




1773.2.  The body awarding any contract for public work, or
otherwise undertaking any public work, shall specify in the call for
bids for the contract, and in the bid specifications and in the
contract itself, what the general rate of per diem wages is for each
craft, classification, or type of worker needed to execute the
contract.
   In lieu of specifying the rate of wages in the call for bids, and
in the bid specifications and in the contract itself, the awarding
body may, in the call for bids, bid specifications, and contract,
include a statement that copies of the prevailing rate of per diem
wages are on file at its principal office, which shall be made
available to any interested party on request.  The awarding body
shall also cause a copy of the determination of the director of the
prevailing rate of per diem wages to be posted at each job site.



1773.3.  An awarding agency whose public works contract falls within
the jurisdiction of Section 1777.5 shall, within five days of the
award, send a copy of the award to the Division of Apprenticeship
Standards.  When specifically requested by a local joint
apprenticeship committee, the division shall notify the local joint
apprenticeship committee regarding all such awards applicable to the
joint apprenticeship committee making the request.  Within five days
of a finding of any discrepancy regarding the ratio of apprentices to
journeymen, pursuant to the certificated fixed number of apprentices
to journeymen, the awarding agency shall notify the Division of
Apprenticeship Standards.



1773.4.  Any prospective bidder or his representative, any
representative of any craft, classification or type of workman
involved, or the awarding body may, within 20 days after commencement
of advertising of the call for bids by the awarding body, file with
the Director of Industrial Relations a verified petition to review
the determination of any such rate or rates upon the ground that they
have not been determined in accordance with the provision of Section
1773 of this code.  Within two days thereafter, a copy of such
petition shall be filed with the awarding body.  The petition shall
set forth the facts upon which it is based.  The Director of
Industrial Relations or his authorized representative shall, upon
notice to the petitioner, the awarding body and such other persons as
he deems proper, including the recognized collective bargaining
representatives for the particular crafts, classifications or types
of work involved, institute an investigation or hold a hearing.
Within 20 days after the filing of such petition, or within such
longer period as agreed upon by the director, the awarding body, and
all the interested parties, he shall make a determination and
transmit the same in writing to the awarding body and to the
interested parties.
   Such determination shall be final and shall be the determination
of the awarding body.  Upon receipt by it of the notice of the filing
of such petition the body awarding the contract or authorizing the
public work shall extend the closing date for the submission of bids
or the starting of work until five days after the determination of
the general prevailing rates of per diem wages pursuant to this
section.
   Upon the filing of any such petition, notice thereof shall be set
forth in the next and all subsequent publications by the awarding
body of the call for bids. No other notice need be given to bidders
by the awarding body by publication or otherwise.  The determination
of the director shall be included in the contract.




1773.5.  The Director of Industrial Relations may establish rules
and regulations for the purpose of carrying out this chapter,
including, but not limited to, the responsibilities and duties of
awarding bodies under this chapter.


1773.6.  If during any quarterly period the Director of Industrial
Relations shall determine that there has been a change in any
prevailing rate of per diem wages in any locality he shall make such
change available to the awarding body and his determination shall be
final.  Such determination by the Director of Industrial Relations
shall not be effective as to any contract for which the notice to
bidders has been published.



1773.7.  The provisions of Section 11250 of the Government Code
shall not be applicable to Sections 1773, 1773.4, and 1773.6.



1773.9.  (a) The Director of Industrial Relations shall use the
methodology set forth in subdivision (b) to determine the general
prevailing rate of per diem wages in the locality in which the public
work is to be performed.
   (b) The general prevailing rate of per diem wages includes all of
the following:
   (1) The basic hourly wage rate being paid to a majority of workers
engaged in the particular craft, classification, or type of work
within the locality and in the nearest labor market area, if a
majority of the workers is paid at a single rate.  If no single rate
is being paid to a majority of the workers, then the single rate
being paid to the greatest number of workers, or modal rate, is
prevailing.  If a modal rate cannot be determined, then the director
shall establish an alternative rate, consistent with the methodology
for determining the modal rate, by considering the appropriate
collective bargaining agreements, federal rates, rates in the nearest
labor market area, or other data such as wage survey data.
   (2) Other employer payments included in per diem wages pursuant to
Section 1773.1 and as included as part of the total hourly wage rate
from which the basic hourly wage rate was derived.  In the event the
total hourly wage rate does not include any employer payments, the
director shall establish a prevailing employer payment rate by the
same procedure set forth in paragraph (1).
   (3) The rate for holiday and overtime work shall be those rates
specified in the collective bargaining agreement when the basic
hourly rate is based on a collective bargaining agreement rate.  In
the event the basic hourly rate is not based on a collective
bargaining agreement, the rate for holidays and overtime work, if
any, included with the prevailing basic hourly rate of pay shall be
prevailing.
   (c) If the director determines that the general prevailing rate of
per diem wages is the rate established by a collective bargaining
agreement, and that the collective bargaining agreement contains
definite and predetermined changes during its term that will affect
the rate adopted, the director shall incorporate those changes into
the determination.  Predetermined changes that are rescinded prior to
their effective date shall not be enforced.



1774.  The contractor to whom the contract is awarded, and any
subcontractor under him, shall pay not less than the specified
prevailing rates of wages to all workmen employed in the execution of
the contract.


1775.  The contractor shall, as a penalty to the state or political
subdivision on whose behalf the contract is made or awarded, forfeit
not more than fifty dollars ($50) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as
determined by the director for the work or craft in which the worker
is employed for any public work done under the contract by him or her
or by any subcontractor under him or her.  The amount of this
penalty shall be determined by the Labor Commissioner and shall be
based on consideration of the contractor's mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages, or
the previous record of the contractor in meeting his or her
prevailing wage obligations, or a contractor's willful failure to pay
the correct rates of prevailing wages.  A mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages is not
excusable if the contractor had knowledge of his or her obligations
under this part.  The difference between the prevailing wage rates
and the amount paid to each worker for each calendar day or portion
thereof for which each worker was paid less than the prevailing wage
rate shall be paid to each worker by the contractor, and the body
awarding the contract shall cause to be inserted in the contract a
stipulation that this section will be complied with.
   To the extent that there is insufficient money due a contractor to
cover all penalties and amounts due in accordance with this section,
or in accordance with Section 1813, and in all cases where the
contract does not provide for a money payment by the awarding body to
the contractor, the awarding body shall notify the Division of Labor
Standards Enforcement of the violation and the Division of Labor
Standards Enforcement, if necessary with the assistance of the
awarding body, may maintain an action in any court of competent
jurisdiction to recover the penalties and the amounts due provided in
this section.  This action shall be commenced not later than 90 days
after the filing of a valid notice of completion in the office of
the county recorder in each county in which the public work or some
part thereof was performed, or not later than 90 days after
acceptance of the public work, whichever last occurs.  No issue other
than that of the liability of the contractor for the penalties
allegedly forfeited and amounts due shall be determined in the
action, and the burden shall be upon the contractor to establish that
the penalties and amounts demanded in the action are not due.
   Out of any money withheld, recovered, or both, there shall first
be paid the amount due each worker, and if insufficient funds are
withheld, recovered, or both, to pay each worker in full, the money
shall be prorated among all workers.
   This section shall become operative on January 1, 2003.




1775.  (a) The contractor and any subcontractor under him or her
shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit not more than fifty
dollars ($50) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rates as determined by the
director for the work or craft in which the worker is employed for
any public work done under the contract by him or her or, except as
provided in subdivision (b), by any subcontractor under him or her.
The amount of this penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake,
inadvertence, or neglect  of the contractor or subcontractor in
failing to pay the correct rate of prevailing wages, or the previous
record of the contractor in meeting his or her prevailing wage
obligations, or the willful failure by the contractor or
subcontractor to pay the correct rates of prevailing wages.  A
mistake, inadvertence, or neglect in failing to pay the correct rate
of prevailing wages is not excusable if the contractor or
subcontractor had knowledge of his or her obligations under this
part.  The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereof
for which each worker was paid less than the prevailing wage rate
shall be paid to each worker by the contractor or subcontractor, and
the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
   (b) If a worker employed by a subcontractor on a public works
project is not paid the general prevailing per diem wages by the
subcontractor, the prime contractor of the project is not liable for
any penalties under subdivision (a) unless the prime contractor had
knowledge of that failure of the subcontractor to pay the specified
prevailing rate of wages to those workers or unless the prime
contractor fails to comply with all of the following requirements:
   (1) The contract executed between the contractor and the
subcontractor for the performance of work on the public works project
shall include a copy of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813, and 1815.
   (2) The contractor shall monitor the payment of the specified
general prevailing rate of per diem wages by the subcontractor to the
employees, by periodic review of the certified payroll records of
the subcontractor.
   (3) Upon becoming aware of the failure of the subcontractor to pay
his or her workers the specified prevailing rate of wages, the
contractor shall diligently take corrective action to halt or rectify
the failure, including, but not limited to, retaining sufficient
funds due the subcontractor for work performed on the public works
project.
   (4) Prior to making final payment to the subcontractor for work
performed on the public works project, the contractor shall obtain an
affidavit signed under penalty of perjury from the subcontractor
that the subcontractor has paid the specified general prevailing rate
of per diem wages to his or her employees on the public works
project and any amounts due pursuant to Section 1813.
   (c) The Division of Labor Standards Enforcement shall notify the
contractor on a public works project within 15 days of the receipt by
the Division of Labor Standards Enforcement of a complaint of the
failure of a subcontractor on that public works project to pay
workers the general prevailing rate of per diem wages.   If the
Division of Labor Standards Enforcement determines that employees of
a subcontractor were not paid the general prevailing rate of per diem
wages and if the body awarding the contract under which the
employees performed work did not retain sufficient money under the
contract to pay those employees the balance of wages owed under the
general prevailing rate of per diem wages, the contractor shall
withhold an amount of moneys due the subcontractor sufficient to pay
those employees the general prevailing rate of per diem wages if
requested by the Division of Labor Standards Enforcement.  The
contractor shall pay any money retained from and owed to a
subcontractor upon receipt of notification by the Division of Labor
Standards Enforcement that the wage complaint has been resolved.  If
notice of the resolution of the wage complaint has not been received
by the contractor within 180 days of the filing of a valid notice of
completion or acceptance of the public works project, whichever
occurs later, the contractor shall pay all moneys retained from the
subcontractor to the awarding body.  The moneys shall be retained by
the awarding body pending the final decision of an enforcement
action, and be forwarded to the Labor Commissioner for disbursement
pursuant to subdivision (d) if the subcontractor does not prevail in
the action.  Wages for workers who cannot be located after a diligent
search by the Labor Commissioner shall be deposited in the
Industrial Relations Unpaid Wage Fund pursuant to subdivision (c) of
Section 96.7.  Penalties shall be paid into the General Fund.
   If the subcontractor prevails in the enforcement action, the
awarding body shall release any funds retained pursuant to this
subdivision to the contractor within 10 working days from the date of
the final decision of the court.
   (d) To the extent that there is insufficient money due a
contractor to cover all penalties and amounts due in accordance with
this section or Section 1813, and in all cases where the contract
does not provide for a money payment by the awarding body to the
contractor, the awarding body shall notify the Division of Labor
Standards Enforcement of the violation and the  division, if
necessary with the assistance of the awarding body, may maintain an
action in any court of competent jurisdiction to recover the
penalties and the amounts due provided in this section.  This action
shall be commenced not later than 180 days after the filing of a
valid notice of completion in the office of the county recorder in
each county in which the public work or some part thereof was
performed, or not later than 180 days after acceptance of the public
work, whichever last occurs.  No issue other than that of the
liability of the contractor and subcontractor for the penalties
allegedly forfeited and amounts due shall be determined in the
action, and the burden shall be upon the contractor and subcontractor
to establish that the penalties and amounts demanded in the action
are not due.  The contractor and subcontractor shall be jointly and
severally liable in an enforcement action for any wages due.
Following entry of a judgment for joint and several liability, the
division shall first exhaust all reasonable remedies to collect the
amount due from the subcontractor before pursuing the claim for wages
against the contractor.  From the amount collected from the
subcontractor, the wage claim shall be satisfied prior to the amount
being applied to penalties.
   Out of any money withheld, recovered, or both, there shall first
be paid the amount due each worker, and if insufficient funds are
withheld, recovered, or both, to pay each worker in full, the money
shall be prorated among all workers.
   (e) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.


1775.  (a) The contractor and any subcontractor under him or her
shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit not more than fifty
dollars ($50) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rates as determined by the
director for the work or craft in which the worker is employed for
any public work done under the contract by him or her or, except as
provided in subdivision (b), by any subcontractor under him or her.
The amount of this penalty shall be determined by the Labor
Commissioner based on consideration of both of the following:
   (1) Whether the failure of the contractor or subcontractor to pay
the correct rate of per diem wages was a good faith mistake and, if
so, the error was promptly and voluntarily corrected upon being
brought to the attention of the contractor or subcontractor.
   (2) Whether the contractor or subcontractor has a prior record of
failing to meet its prevailing wage obligations.
   The determination of the Labor Commissioner as to the amount of
the penalty shall be reviewable only for abuse of discretion.  The
difference between the prevailing wage rates and the amount paid to
each worker for each calendar day or portion thereof for which each
worker was paid less than the prevailing wage rate shall be paid to
each worker by the contractor or subcontractor, and the body awarding
the contract shall cause to be inserted in the contract a
stipulation that this section will be complied with.
   (b) If a worker employed by a subcontractor on a public works
project is not paid the general prevailing per diem wages by the
subcontractor, the prime contractor of the project is not liable for
any penalties under subdivision (a) unless the prime contractor had
knowledge of that failure of the subcontractor to pay the specified
prevailing rate of wages to those workers or unless the prime
contractor fails to comply with all of the following requirements:
   (1) The contract executed between the contractor and the
subcontractor for the performance of work on the public works project
shall include a copy of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813, and 1815.
   (2) The contractor shall monitor the payment of the specified
general prevailing rate of per diem wages by the subcontractor to the
employees, by periodic review of the certified payroll records of
the subcontractor.
   (3) Upon becoming aware of the failure of the subcontractor to pay
his or her workers the specified prevailing rate of wages, the
contractor shall diligently take corrective action to halt or rectify
the failure, including, but not limited to, retaining sufficient
funds due the subcontractor for work performed on the public works
project.
   (4) Prior to making final payment to the subcontractor for work
performed on the public works project, the contractor shall obtain an
affidavit signed under penalty of perjury from the subcontractor
that the subcontractor has paid the specified general prevailing rate
of per diem wages to his or her employees on the public works
project and any amounts due pursuant to Section 1813.
   (c) The Division of Labor Standards Enforcement shall notify the
contractor on a public works project within 15 days of the receipt by
the Division of Labor Standards Enforcement of a complaint of the
failure of a subcontractor on that public works project to pay
workers the general prevailing rate of per diem wages.



1776.  (a) Each contractor and subcontractor shall 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 him or her in
connection with the public work.  Each payroll record shall contain
or be verified by a written declaration that it is made under penalty
of perjury, stating both of the following:
   (1) The information contained in the payroll record is true and
correct.
   (2) The employer has complied with the requirements of Sections
1771, 1811, and 1815 for any work performed by his or her employees
on the public works project.
   (b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the contractor on the following
basis:
   (1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to the employee or his or her
authorized representative on request.
   (2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or furnished
upon request to a representative of the body awarding the contract,
the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
   (3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request by the public
for inspection or for copies thereof.  However, a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement.  If the requested payroll records have not
been provided pursuant to paragraph (2), the requesting party shall,
prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through
which the request was made.  The public shall not be given access to
the records at the principal office of the contractor.
   (c) The certified payroll records shall be on forms provided by
the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division.
   (d) A contractor or subcontractor shall file a certified copy of
the records enumerated in subdivision (a) with the entity that
requested the records within 10 days after receipt of a written
request.
   (e) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement shall be marked or
obliterated in a manner so as to prevent disclosure of an individual'
s name, address, and social security number.  The name and address of
the contractor awarded the contract or the subcontractor performing
the contract shall not be marked or obliterated.
   (f) The contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a),
including the street address, city and county, and shall, within five
working days, provide a notice of a change of location and address.

   (g) The contractor or subcontractor shall have 10 days in which to
comply subsequent to receipt of a written notice requesting the
records enumerated in subdivision (a).  In the event that the
contractor or subcontractor fails to comply within the 10-day period,
he or she shall, as a penalty to the state or political subdivision
on whose behalf the contract is made or awarded, forfeit twenty-five
dollars ($25) for each calendar day, or portion thereof, for each
worker, until strict compliance is effectuated.  Upon the request of
the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from
progress payments then due.  A contractor is not subject to a penalty
assessment pursuant to this section due to the failure of a
subcontractor to comply with this section.
   (h) The body awarding the contract shall cause to be inserted in
the contract  stipulations to effectuate this section.
   (i) The director shall adopt rules consistent with the California
Public Records Act, (Chapter 3.5 (commencing with Section 6250),
Division 7, Title 1, Government Code) and the Information Practices
Act of 1977, (Title 1.8 (commencing with Section 1798), Part 4,
Division 3, Civil Code) governing the release of these records,
including the establishment of reasonable fees to be charged for
reproducing copies of records required by this section.
   (j) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.


1776.  (a) Each contractor and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number,
work classification, and 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 him or her in
connection with the public work.
   (b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the contractor on the following
basis:
   (1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to the employee or his or her
authorized representative on request.
   (2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or furnished
upon request to a representative of the body awarding the contract,
the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
   (3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request by the public
for inspection or for copies thereof.  However, a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement.  If the requested payroll records have not
been provided pursuant to paragraph (2), the requesting party shall,
prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through
which the request was made.  The public shall not be given access to
the records at the principal office of the contractor.
   (c) The certified payroll records shall be on forms provided by
the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division.
   (d) Each contractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that requested the
records within 10 days after receipt of a written request.

   (e) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement, shall be marked or
obliterated in a manner so as to prevent disclosure of an individual'
s name, address, and social security number.  The name and address of
the contractor awarded the contract or performing the contract shall
not be marked or obliterated.
   (f) The contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a),
including the street address, city and county, and shall, within five
working days, provide a notice of a change of location and address.

   (g) The contractor shall have 10 days in which to comply
subsequent to receipt of written notice specifying in what respects
the contractor must comply with this section.  In the event that the
contractor fails to comply within the 10-day period, he or she shall,
as a penalty to the state or political subdivision on whose behalf
the contract is made or awarded, forfeit twenty-five dollars ($25)
for each calendar day, or portion thereof, for each worker, until
strict compliance is effectuated.  Upon the request of the Division
of Apprenticeship Standards or the Division  of Labor Standards
Enforcement, these penalties shall be withheld from progress payments
then due.
   (h) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section.  These
stipulations shall fix the responsibility for compliance with this
section on the prime contractor.
   (i) The director shall adopt rules consistent with the California
Public Records Act, (Chapter 3.5 (commencing with Section 6250),
Division 7, Title 1, Government Code) and the Information Practices
Act of 1977, (Title 1.8 (commencing with Section 1798), Part 4,
Division 3, Civil Code) governing the release of these records,
including the establishment of reasonable fees to be charged for
reproducing copies of records required by this section.
   (j) This section shall become operative January 1, 2003.



1777.  Any officer, agent, or representative of the State or of any
political subdivision who wilfully violates any provision of this
article, and any contractor, or subcontractor, or agent or
representative thereof, doing public work who neglects to comply with
any provision of section 1776 is guilty of a misdemeanor.




1777.1.  (a) Whenever a contractor or subcontractor performing a
public works project pursuant to this chapter is found by the Labor
Commissioner to be in violation of this chapter with intent to
defraud, except Section 1777.5, the contractor or subcontractor or a
firm, corporation, partnership, or association in which the
contractor or subcontractor has any interest is ineligible for a
period of not less than one year or more than three years to do
either of the following:
   (1) Bid on or be awarded a contract for a public works project.
   (2) Perform work as a subcontractor on a public works project.
   (b) Whenever a contractor or subcontractor performing a public
works project pursuant to this chapter is found by the Labor
Commissioner to be in willful violation of this chapter, except
Section 1777.5, the contractor or subcontractor or a firm,
corporation, partnership, or association in which the contractor or
subcontractor has any interest is ineligible for a period up to three
years for each second and subsequent violation occurring within
three years of a separate and previous willful violation of this
chapter to do either of the following:
   (1) Bid on or be awarded a contract for a public works project.
   (2) Perform work as a subcontractor on a public works project.
   (c) A willful violation occurs when the contractor or
subcontractor knew or reasonably should have known of his or her
obligations under the public works law and deliberately fails or
refuses to comply with its provisions.
   (d) Not less than semiannually, the Labor Commissioner shall
publish and distribute to awarding bodies a list of contractors who
are ineligible to bid on or be awarded a public works contract, or to
perform work as a subcontractor on a public works project pursuant
to this chapter.  The list shall contain the name of the contractor,
the Contractor's State License Board license number of the
contractor, and the effective period of debarment of the contractor.
The commissioner shall also place advertisements in construction
industry publications targeted to the contractors and subcontractors,
chosen by the commissioner, that state the effective period of the
debarment and the reason for debarment.  The advertisements shall
appear one time for each debarment of a contractor in each
publication chosen by the commissioner.  The debarred contractor or
subcontractor shall be liable to the commissioner for the reasonable
cost of the advertisements, not to exceed five thousand dollars
($5,000).  The amount paid to the commissioner for the advertisements
shall be credited against the contractor's or subcontractor's
obligation to pay civil fines or penalties for the same willful
violation of this chapter.
   (e) For purposes of this section, "contractor or subcontractor"
means a firm, corporation, partnership, or association and its
responsible managing officer, as well as any supervisors, managers,
and officers found by the Labor Commissioner to be personally and
substantially responsible for the willful violation of this chapter.

   (f) For the purposes of this section, the term "any interest"
means an interest in the entity bidding or performing work on the
public works project, whether as an owner, partner, officer, manager,
employee, agent, consultant, or representative.  "Any interest"
includes, but is not limited to, all instances where the debarred
contractor or subcontractor receives payments, whether cash or any
other form of compensation, from any entity bidding or performing
work on the public works project, or enters into any contracts or
agreements with the entity bidding or performing work on the public
works project for services performed or to be performed for contracts
that have been or will be assigned or sublet, or for vehicles,
tools, equipment, or supplies that have been or will be sold, rented,
or leased during the period from the initiation of the debarment
proceedings until the end of the term of the debarment period.  "Any
interest" does not include shares held in a publicly traded
corporation if the shares were not received as compensation after the
initiation of debarment from an entity bidding or performing work on
a public works project.
   (g) For the purposes of this section, the term "entity" is defined
as a company, limited liability company, association, partnership,
sole proprietorship, limited liability partnership, corporation,
business trust, or organization.
   (h) The Labor Commissioner shall adopt rules and regulations for
the administration and enforcement of this section.



1777.5.  (a) Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public works.
   (b) Every apprentice employed upon public works shall be paid the
prevailing rate of per diem wages for apprentices in the trade to
which he or she is registered and shall be employed only at the work
of the craft or trade to which he or she is registered.
   (c) Only apprentices, as defined in Section 3077, who are in
training under apprenticeship standards that have been approved by
the Chief of the Division of Apprenticeship Standards and who are
parties to written apprentice agreements under Chapter 4 (commencing
with Section 3070) of Division 3 are eligible to be employed at the
apprentice wage rate on public works.  The employment and training of
each apprentice shall be in accordance with either (1) the
apprenticeship standards and apprentice agreements under which he or
she is training or (2) the rules and regulations of the California
Apprenticeship Council.
   (d) When the contractor to whom the contract is awarded by the
state or any political subdivision, in performing any of the work
under the contract, employs workers in any apprenticeable craft or
trade, the contractor shall employ apprentices in at least the ratio
set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of
the public work for a certificate approving the contractor under the
apprenticeship standards for the employment and training of
apprentices in the area or industry affected.  However, the decision
of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship.  The
apprenticeship program or programs, upon approving the contractor,
shall arrange for the dispatch of apprentices to the contractor.  A
contractor covered by an apprenticeship program's standards shall not
be required to submit any additional application in order to include
additional public works contracts under that program.
"Apprenticeable craft or trade," as used in this section, means a
craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the California
Apprenticeship Council.  As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public
works not excluded by subdivision (o).
   (e) Prior to commencing work on a contract for public works, every
contractor shall submit contract award information to an applicable
apprenticeship program that can supply apprentices to the site of the
public work.  The information submitted shall include an estimate of
journeyman hours to be performed under the contract, the number of
apprentices proposed to be employed, and the approximate dates the
apprentices would be employed.  A copy of this information shall also
be submitted to the awarding body if requested by the awarding body.
  Within 60 days after concluding work on the contract, each
contractor and subcontractor shall submit to the awarding body, if
requested, and to the apprenticeship program a verified statement of
the journeyman and apprentice hours performed on the contract.  The
information under this subdivision shall be public.  The
apprenticeship programs shall retain this information for 12 months.

   (f) The apprenticeship program that can supply apprentices to the
area of the site of the public work shall ensure equal employment and
affirmative action in apprenticeship for women and minorities.
   (g) The ratio of work performed by apprentices to journeymen
employed in a particular craft or trade on the public work may be no
higher than the ratio stipulated in the apprenticeship standards
under which the apprenticeship program operates where the contractor
agrees to be bound by those standards, but, except as otherwise
provided in this section, in no case shall the ratio be less than one
hour of apprentice work for every five hours of journeyman work.
   (h) This ratio of apprentice work to journeyman work shall apply
during any day or portion of a day when any journeyman is employed at
the jobsite and shall be computed on the basis of the hours worked
during the day by journeymen so employed.  Any work performed by a
journeyman in excess of eight hours per day or 40 hours per week
shall not be used to calculate the ratio.  The contractor shall
employ apprentices for the number of hours computed as above before
the end of the contract or, in the case of a subcontractor, before
the end of the subcontract.  However, the contractor shall endeavor,
to the greatest extent possible, to employ apprentices during the
same time period that the journeymen in the same craft or trade are
employed at the jobsite.  Where an hourly apprenticeship ratio is not
feasible for a particular craft or trade, the Chief of the Division
of Apprenticeship Standards, upon application of an apprenticeship
program, may order a minimum ratio of not less than one apprentice
for each five journeymen in a craft or trade classification.
   (i) A contractor covered by this section that has agreed to be
covered by an apprenticeship program's standards upon the issuance of
the approval certificate, or that has been previously approved for
an apprenticeship program in the craft or trade, shall employ the
number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no
event less than the 1-to-5 ratio required by subdivision (g).
   (j) Upon proper showing by a contractor that he or she employs
apprentices in a particular craft or trade in the state on all of his
or her contracts on an annual average of not less than one hour of
apprentice work for every five hours of labor performed by
journeymen, the Chief of the Division of Apprenticeship Standards may
grant a certificate exempting the contractor from the 1-to-5 hourly
ratio, as set forth in this section for that craft or trade.
   (k) An apprenticeship program has the discretion to grant to a
participating contractor or contractor association a certificate,
which shall be subject to the approval of the Administrator of
Apprenticeship, exempting the contractor from the 1-to-5 ratio set
forth in this section when it finds that any one of the following
conditions is met:
   (1) Unemployment for the previous three-month period in the area
exceeds an average of 15 percent.
   (2) The number of apprentices in training in the area exceeds a
ratio of 1 to 5.
   (3) There is a showing that the apprenticeable craft or trade is
replacing at least one-thirtieth of its journeymen annually through
apprenticeship training, either on a statewide basis or on a local
basis.
   (4) Assignment of an apprentice to any work performed under a
public works contract would create a condition that would jeopardize
his or her life or the life, safety, or property of fellow employees
or the public at large, or the specific task to which the apprentice
is to be assigned is of a nature that training cannot be provided by
a journeyman.
   (l) When an exemption is granted pursuant to subdivision (k) to an
organization that represents contractors in a specific trade from
the 1-to-5 ratio on a local or statewide basis, the member
contractors will not be required to submit individual applications
for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
   (m) (1)  A contractor to whom a contract is awarded, who, in
performing any of the work under the contract, employs journeymen or
apprentices in any apprenticeable craft or trade shall contribute to
the California Apprenticeship Council the same amount that the
director determines is the prevailing amount of apprenticeship
training contributions in the area of the public works site.  A
contractor may take as a credit for payments to the council any
amounts paid by the contractor to an approved apprenticeship program
that can supply apprentices to the site of the public works project.
The contractor may add the amount of the contributions in computing
his or her bid for the contract.
   (2) At the conclusion of each fiscal year, the California
Apprenticeship Council shall distribute training contributions
received by the council under this subdivision, less the expenses of
the Division of Apprenticeship Standards for administering this
subdivision, by making grants to approved apprenticeship programs for
the purpose of training apprentices.  The funds shall be distributed
as follows:
   (A) If there is an approved multiemployer apprenticeship program
serving the same craft or trade and geographic area for which the
training contributions were made to the council, a grant to that
program shall be made.
   (B) If there are two or more approved multiemployer apprenticeship
programs serving the same craft or trade and geographic area for
which the training contributions were made to the council, the grant
shall be divided among those programs based on the number of
apprentices registered in each program.
   (C) All training contributions not distributed under subparagraphs
(A) and (B) shall be used to defray the future expenses of
administering this subdivision.
   (3) All training contributions received pursuant to this
subdivision shall be deposited in the Apprenticeship Training
Contribution Fund, which fund is hereby created in the State
Treasury.  Notwithstanding Section 13340 of the Government Code, all
money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this
subdivision and to pay the expenses of the division in administering
this subdivision.
   (n) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section.  The
stipulations shall fix the responsibility of compliance with this
section for all apprenticeable occupations with the prime contractor.

   (o) This section does not apply to contracts of general
contractors or to contracts of specialty contractors not bidding for
work through a general or prime contractor when the contracts of
general contractors or those specialty contractors involve less than
thirty thousand dollars ($30,000).
   (p) All decisions of an apprenticeship program under this section
are subject to Section 3081.



1777.6.  It shall be unlawful for an employer or a labor union to
refuse to accept otherwise qualified employees as registered
apprentices on any public works, on the ground of the race, religious
creed, color, national origin, ancestry, sex, or age, except as
provided in Section 3077, of such employee.



1777.7.  (a) (1) A contractor or subcontractor that is determined by
the Chief of the Division of Apprenticeship Standards to have
knowingly violated Section 1777.5 shall forfeit as a civil penalty an
amount not exceeding one hundred dollars ($100) for each full
calendar day of noncompliance.  The amount of this penalty may be
reduced by the Chief if the amount of the penalty would be
disproportionate to the severity of the violation.  A contractor or
subcontractor that knowingly commits a second or subsequent violation
of Section 1777.5 within a three-year period, where the
noncompliance results in apprenticeship training not being provided
as required by this chapter, shall forfeit as a civil penalty the sum
of not more than three hundred dollars ($300) for each full calendar
day of noncompliance.  Notwithstanding Section 1727, upon receipt of
a determination that a civil penalty has been imposed by the Chief,
the awarding body shall withhold the amount of the civil penalty from
contract progress payments then due or to become due.
   (2) In lieu of the penalty provided for in this subdivision, the
Chief may, for a first-time violation and with the concurrence of an
apprenticeship program described in subdivision (d), order the
contractor or subcontractor to provide apprentice employment
equivalent to the work hours that would have been provided for
apprentices during the period of noncompliance.
   (b) In the event a contractor or subcontractor is determined by
the Chief to have knowingly committed a serious violation of any
provision of Section 1777.5, the Chief may also deny to the
contractor or subcontractor, and to its responsible officers, the
right to bid on or be awarded or perform work as a subcontractor on
any public works contract for a period of up to one year for the
first violation and for a period of up to three years for a second or
subsequent violation.  Each period of debarment shall run from the
date the determination of noncompliance by the Chief becomes a final
order of the Administrator of Apprenticeship.
   (c) (1) An affected contractor, subcontractor, or responsible
officer may obtain a review of the determination of the Chief
imposing the debarment or civil penalty by transmitting a written
request to the office of the Administrator within 30 days after
service of the determination of debarment or civil penalty.  A copy
of this report shall also be served on the Chief.  If the
Administrator does not receive a timely request for review of the
determination of debarment or civil penalty made by the Chief, the
order shall become the final order of the Administrator.
   (2) Within 20 days of the timely receipt of a request for review,
the Chief shall provide the contractor, subcontractor, or responsible
officer the opportunity to review any evidence the Chief may offer
at the hearing.  The Chief shall also promptly disclose any
nonprivileged documents obtained after the 20-day time limit at a
time set forth for exchange of evidence by the Administrator.
   (3) Within 90 days of the timely receipt of a request for review,
a hearing shall be commenced before the Administrator or an impartial
hearing officer designated by the Administrator and possessing the
qualifications of an administrative law judge pursuant to subdivision
(b) of Section 11502 of the Government Code.  The affected
contractor, subcontractor, or responsible officer shall have the
burden of providing evidence of compliance with Section 1777.5.
   (4) Within 45 days of the conclusion of the hearing, the
Administrator shall issue a written decision affirming, modifying, or
dismissing the determination of debarment or civil penalty.  The
decision shall contain a statement of the factual and legal basis for
the decision and an order.  This decision shall be served on all
parties and the awarding body pursuant to Section 1013 of the Code of
Civil Procedure by first-class mail at the last known address of the
party that the party has filed with the Administrator.  Within 15
days of issuance of the decision, the Administrator may reconsider or
modify the decision to correct an error, except that a clerical
error may be corrected at any time.
   (5) An affected contractor, subcontractor, or responsible officer
who has timely requested review and obtained a decision under
paragraph (4) may obtain review of the decision of the Administrator
by filing a petition for a writ of mandate to the appropriate
superior court pursuant to Section 1094.5 of the Code of Civil
Procedure within 45 days after service of the final decision.  If no
timely petition for a writ of mandate is filed, the decision shall
become the final order of the Administrator.  The decision of the
Administrator shall be affirmed unless the petitioner shows that the
Administrator abused his or her discretion.  If the petitioner claims
that the findings are not supported by the evidence, abuse of
discretion is established if the court determines that the findings
are not supported by substantial evidence in light of the entire
record.
   (6) The Chief may certify a copy of the final order of the
Administrator and file it with the clerk of the superior court in any
county in which the affected contractor or subcontractor has
property or has or had a place of business.  The clerk, immediately
upon the filing, shall enter judgment for the state against the
person assessed in the amount shown on the certified order.  A
judgment entered pursuant to this section shall bear the same rate of
interest and shall have the same effect as other judgments and be
given the same preference allowed by the law on other judgments
rendered for claims for taxes.  The clerk shall not charge for the
service performed by him or her pursuant to this section.  An
awarding body that has withheld funds in response to a determination
by the Chief imposing a penalty under this section shall, upon
receipt of a certified copy of a final order of the Administrator,
promptly transmit the withheld funds, up to the amount of the
certified order, to the Administrator.
   (d) If a subcontractor is found to have violated Section 1777.5,
the prime contractor of the project is not liable for any penalties
under subdivision (a), unless the prime contractor had knowledge of
the subcontractor's failure to comply with the provisions of Section
1777.5 or unless the prime contractor fails to comply with any of the
following requirements:
   (1) The contract executed between the contractor and the
subcontractor or the performance of work on the public works project
shall include a copy of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813, and 1815.
   (2) The contractor shall continually monitor a subcontractor's use
of apprentices required to be employed on the public works project
pursuant to subdivision (d) of Section 1777.5, including, but not
limited to, periodic review of the certified payroll of the
subcontractor.
   (3) Upon becoming aware of a failure of the subcontractor to
employ the required number of apprentices, the contractor shall take
corrective action, including, but not limited to, retaining funds due
the subcontractor for work performed on the public works project
until the failure is corrected.
   (4) Prior to making the final payment to the subcontractor for
work performed on the public works project, the contractor shall
obtain a declaration signed under penalty of perjury from the
subcontractor that the subcontractor has employed the required number
of apprentices on the public works project.
   (e) Any funds withheld by the awarding body pursuant to this
section shall be deposited in the General Fund if the awarding body
is a state entity, or in the equivalent fund of an awarding body if
the awarding body is an entity other than the state.
   (f) The Chief shall consider, in setting the amount of a monetary
penalty, in determining whether a violation is serious, and in
determining whether and for how long a party should be debarred for
violating this section, all of the following circumstances:
   (1) Whether the violation was intentional.
   (2) Whether the party has committed other violations of Section
1777.5.
   (3) Whether, upon notice of the violation, the party took steps to
voluntarily remedy the violation.
   (4) Whether, and to what extent, the violation resulted in lost
training opportunities for apprentices.
   (5) Whether, and to what extent, the violation otherwise harmed
apprentices or apprenticeship programs.
   If a party seeks review of a decision by the Chief to impose a
monetary penalty or period of debarment, the Administrator shall
decide de novo the appropriate penalty, by considering the same
factors set forth above.
   (g) The interpretation of Section 1777.5 and this section shall be
in accordance with the regulations of the California Apprenticeship
Council.  The Administrator may adopt regulations to establish
guidelines for the imposition of monetary penalties and periods of
debarment and may designate precedential decisions under Section
11425.60 of the Government Code.



1778.  Every person, who individually or as a representative of an
awarding or public body or officer, or as a contractor or
subcontractor doing public work, or agent or officer thereof, who
takes, receives, or conspires with another to take or receive, for
his own use or the use of any other person any portion of the wages
of any workman or working subcontractor, in connection with services
rendered upon any public work is guilty of a felony.



1779.  Any person or agent or officer thereof who charges, collects,
or attempts to charge or collect, directly or indirectly, a fee or
valuable consideration for registering any person for public work, or
for giving information as to where such employment may be procured,
or for placing, assisting in placing, or attempting to place, any
person in public work, whether the person is to work directly for the
State, or any political subdivision or for a contractor or
subcontractor doing public work is guilty of a misdemeanor.



1780.  Any person acting on behalf of the State or any political
subdivision, or any contractor or subcontractor or agent or
representative thereof, doing any public work who places any order
for the employment of a workman on public work where the filling of
the order for employment involves the charging of a fee, or the
receiving of a valuable consideration from any applicant for
employment is guilty of a misdemeanor.