SECTIONS 3070-3099.5 - California Statutes

LABOR CODE

SECTION 3070-3099.5

3070. There is in the Division of Apprenticeship Standards the
California Apprenticeship Council, which shall be appointed by the
Governor, composed of six representatives each from employers or
employer organizations and employee organizations, that sponsor
apprenticeship programs under this chapter, respectively,
geographically selected, and of two representatives of the general
public. The Director of Industrial Relations, or his or her permanent
and best qualified designee, and the Superintendent of Public
Instruction, or his or her permanent and best qualified designee, and
the Chancellor of the California Community Colleges, or his or her
permanent and best qualified designee, shall also be members of the
California Apprenticeship Council. The chairperson shall be elected
by vote of the California Apprenticeship Council. Beginning with
appointments in 1985, three representatives each of employers and
employees, and one public representative shall serve until January
15, 1989. In 1987, three representatives each of the employers and
employees, and one public representative shall serve until January
15, 1991. Any member whose term expires on January 15, 1986, shall
continue to serve until January 15, 1987. Thereafter each member
shall serve for a term of four years. Any member appointed to fill a
vacancy occurring prior to the expiration of the term of his or her
predecessor shall be appointed for the remainder of that term. Each
member of the council shall receive the sum of one hundred dollars
($100) for each day of actual attendance at meetings of the council,
for each day of actual attendance at hearings by the council or a
committee thereof pursuant to Section 3082, and for each day of
actual attendance at meetings of other committees established by the
council and approved by the Director of Industrial Relations,
together with his or her actual and necessary traveling expenses
incurred in connection therewith.

3071. The California Apprenticeship Council shall meet at the call
of the Director of Industrial Relations and shall aid him or her in
formulating policies for the effective administration of this
chapter.
Thereafter, the California Apprenticeship Council shall meet
quarterly at a designated date and special meetings may be held at
the call of the chairman. The California Apprenticeship Council shall
issue rules and regulations which establish standards for minimum
wages, maximum hours, and working conditions for apprentice
agreements, hereinafter in this chapter referred to as apprenticeship
standards, which in no case shall be lower than those prescribed by
this chapter; and shall issue rules and regulations governing equal
opportunities in apprenticeship, affirmative action programs which
include women and minorities in apprenticeship, and other on-the-job
training, and criteria for selection procedures with a view
particularly toward eliminating criteria not relevant to
qualification for training employment or more stringent than is
reasonably necessary.

3072. (a) The Director of Industrial Relations is ex officio the
Administrator of Apprenticeship and is authorized to appoint
assistants as necessary to effectuate the purposes of this chapter.
(b) An awarding body, as defined in Section 1722, that implements
an approved labor compliance program pursuant to subdivision (b) of
Section 1771.5 may, upon mutual agreement with the Chief of the
Division of Apprenticeship Standards and at his or her discretion,
assist the director in the enforcement of Section 1777.5 through the
operation of that approved labor compliance program under the terms
and conditions prescribed by the Chief of the Division of
Apprenticeship Standards.
(c) A contractor may appeal the result of a labor compliance
program enforcement action related to Section 1777.5 through the
procedures described in Section 1777.7.
(d) If the involvement of the Chief of the Division of
Apprenticeship Standards in a labor compliance program enforcement
action is limited to a review of an assessment and the matter is
resolved without litigation by or against the chief, the awarding
body that has implemented the labor compliance program shall enforce
any applicable penalties, as specified in Section 1777.7, and shall
deposit any penalties and forfeitures collected in its general fund.

3073. The Chief of the Division of Apprenticeship Standards, or his
or her duly authorized representative, shall administer the
provisions of this chapter; act as secretary of the California
Apprenticeship Council; shall foster, promote, and develop the
welfare of the apprentice and industry, improve the working
conditions of apprentices, and advance their opportunities for
profitable employment; shall ensure that selection procedures are
impartially administered to all applicants for apprenticeship; shall
gather and promptly disseminate information through apprenticeship
and training information centers; shall maintain on public file in
all high schools and field offices of the Employment Development
Department the name and location of the local area apprenticeship
committees, the filing date, and minimum requirements for application
of all registered apprenticeship programs; shall cooperate in the
development of apprenticeship programs and may advise with them on
problems affecting apprenticeship standards; shall audit all
selection and disciplinary proceedings of apprentices or prospective
apprentices; may enter joint agreements with the Employment
Development Department outreach education and employment programs,
and educational institutions on the operation of apprenticeship
information centers, including positive efforts to achieve
information on equal opportunity and affirmative action programs for
women and minorities; and shall supervise and recommend
apprenticeship agreements as to these standards and perform such
other duties associated therewith as the California Apprenticeship
Council may recommend. The chief shall coordinate the exchange, by
the California Apprenticeship Council, the apprenticeship program
sponsors, the Fair Employment and Housing Commission, community
organizations, and other interested persons, of information on
available minorities and women who may serve as apprentices.

3073.1. (a) The division shall randomly audit apprenticeship
programs approved under this chapter during each five-year period
commencing January 1, 2000, to ensure that the program is complying
with its standards, that all on-the-job training is performed by
journeymen, that all related and supplemental instruction required by
the apprenticeship standards is being provided, that all work
processes in the apprenticeship standards are being covered, and that
graduates have completed the apprenticeship program's requirements.
The division shall examine each apprenticeship program to determine
whether apprentices are graduating from the program on schedule or
dropping out and to determine whether graduates of the program have
obtained employment as journeymen. Every apprenticeship program
sponsor shall have a duty to cooperate with the division in
conducting an audit.
(b) Audit reports shall be presented to the California
Apprenticeship Council and shall be made public, except that the
division shall not make public information which would infringe on
the privacy of individual apprentices. The division shall recommend
remedial action to correct deficiencies recognized in the audit
report, and the failure to correct deficiencies within a reasonable
period of time shall be grounds for withdrawing state approval of a
program. Nothing shall prevent the division from conducting more
frequent audits of apprenticeship programs where deficiencies have
been identified.
(c) The division shall give priority in conducting audits to
programs that have been identified as having deficiencies. The
division may conduct simplified audits for programs with fewer than
five registered apprentices.

3073.2. (a) The California Apprenticeship Council may adopt
industry-specific training criteria for use by apprenticeship
programs subject to the requirements of this chapter. The adoption of
those criteria, as established following notice and a workshop
pursuant to Section 212.01 of Title 8 of the California Code of
Regulations, is not subject to Chapter 3.5 (commencing with Section
11340) of Division 3 of Title 2 of the Government Code.
(b) Audits conducted by the division pursuant to Section 3073.1
shall ensure that any applicable training criteria established
pursuant to this section are followed.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

3073.3. It is the intent of the Legislature that the Department of
Industrial Relations will encourage greater participation for women
and ethnic minorities in apprenticeship programs.

3073.5. The Chief of the Division of Apprenticeship Standards and
the California Apprenticeship Council shall annually report through
the Director of Industrial Relations to the Legislature and the
public on the activities of the division and the council. The report
shall contain information including, but not limited to, analyses of
the following:
(a) The number of individuals, including numbers of women and
minorities, registered in apprenticeship programs in this state for
the current year and in each of the previous five years.
(b) The number and percentage of apprentices, including numbers
and percentages of minorities and women, registered in each
apprenticeship program having five or more apprentices, and the
percentage of those apprentices who have completed their programs
successfully in the current year and in each of the previous five
years.
(c) Remedial actions taken by the division to assist those
apprenticeship programs having difficulty in achieving affirmative
action goals or having very low completion rates.
(d) The number of disputed issues with respect to individual
apprenticeship agreements submitted to the Administrator of
Apprenticeship for determination and the number of those issues
resolved by the council on appeal.
(e) The number of apprenticeship program applications received by
the division, the number approved, the number denied and the reason
for those denials, the number being reviewed, and deficiencies, if
any, with respect to those program applications being reviewed.
(f) The number of apprenticeship programs, approved by the
Division of Apprenticeship Standards, that are disapproved by the
California Apprenticeship Council, and the reasons for those
disapprovals.

3074. The preparation of trade analyses and development of
curriculum for instruction, and the administration and supervision of
related and supplemental instruction for apprentices, coordination
of instruction with job experiences, and the selection and training
of teachers and coordinators for this instruction shall be the
responsibility of, and shall be provided by, state and local boards
responsible for vocational education upon agreement with the program
sponsor. This responsibility shall not preclude the establishment of
off-campus related and supplemental instruction when approved,
developed, and operated in cooperation with state and local school
boards responsible for vocational education, and when the instruction
meets all other requirements of this chapter. It is the intent of
this chapter that the instruction shall be made available to
apprentices through classroom instruction, correspondence courses,
self-study or other means of instruction approved by state and local
public education agencies authorized to provide vocational education.
Pursuant to this chapter all excess costs incurred by local public
education agencies exceeding state apportionments and local revenue
earned by the attendance of apprentices shall be payable by the
program sponsor, upon joint agreement between the sponsor and the
local education agency. The State Board of Education and the Board of
Governors of the California Community Colleges, and the Division of
Apprenticeship Standards shall jointly issue regulations regarding
calculation and payment provisions of excess costs to be borne by the
program sponsors. All funds accrued by local education agencies from
attendance in apprenticeship classes authorized by this section
shall be expended or allocated for all such classes offered by the
local education agency before excess costs may be claimed.
The Department of Education and the Board of Governors of the
California Community Colleges may provide related and supplemental
instruction to isolated apprentices as a direct instructional
service, on a contractual basis with local school districts, by
correspondence, or by a combination of these means. For the purpose
of this section, an isolated apprentice is an apprentice registered
with the Division of Apprenticeship Standards in the Department of
Industrial Relations who cannot be enrolled in a class of related and
supplementary instruction for apprentices because of the small
number of apprentices available for an appropriate class or because
there is no existing apprenticeship program within a reasonable
travel distance.
Interested parties may file a complaint in accordance with Section
201 of Title 8 of the Administrative Code, when a community college
or secondary education district is unable to reach agreement with
program sponsors in providing related and supplemental instruction.
In the process of securing an amicable adjustment, the administrator,
or his or her representative, shall meet with the parties involved,
including, but not limited to, the chancellor, or his or her
representative, or the Superintendent of Public Instruction, or his
or her representative.
Community colleges, and other public school districts, shall
refuse to provide related and supplemental instruction to an
apprenticeship program when it is determined by the Administrator of
Apprenticeship that the program sponsor has been found to be in
noncompliance with the State of California Plan for Equal Opportunity
in Apprenticeship.

3074.1. In compliance with the affirmative action requirements of
California's plan for equal opportunity in apprenticeship, school
districts maintaining high schools, community colleges districts, and
apprenticeship program sponsors, shall provide students with
information as to the availability of apprenticeship programs.

3074.3. In providing related and supplemental instruction pursuant
to Section 3074, and notwithstanding any provisions of the Education
Code, the Superintendent of Public Instruction and the Chancellor of
the California Community Colleges shall recognize registration in an
apprenticeship program approved by the Division of Apprenticeship
Standards in the Department of Industrial Relations as an acceptable
prerequisite to enrollment into such related and supplemental
classes.

3074.7. Notwithstanding any other provision of law, the governing
board of a school district which offers classroom instruction in
postgraduate and upgrading courses pursuant to subdivision (d) of
Section 3093 of this code may impose a fee upon individuals receiving
instruction in such postgraduate and upgrading courses. Such fee
shall be not more than the amount necessary, as determined by the
governing board, to cover the total cost of all such classroom
instruction given the individuals.

3075. (a) An apprenticeship program may be administered by a joint
apprenticeship committee, unilateral management or labor
apprenticeship committee, or an individual employer. Programs may be
approved by the chief in any trade in the state or in a city or trade
area, whenever the apprentice training needs justify the
establishment. Where a collective bargaining agreement exists, a
program shall be jointly sponsored unless either party to the
agreement waives its right to representation in writing. Joint
apprenticeship committees shall be composed of an equal number of
employer and employee representatives.
(b) For purposes of this section, the apprentice training needs in
the building and construction trades shall be deemed to justify the
approval of a new apprenticeship program only if any of the following
conditions are met:
(1) There is no existing apprenticeship program approved under
this chapter serving the same craft or trade and geographic area.
(2) Existing apprenticeship programs approved under this chapter
that serve the same craft or trade and geographic area do not have
the capacity, or neglect or refuse, to dispatch sufficient
apprentices to qualified employers at a public works site who are
willing to abide by the applicable apprenticeship standards.
(3) Existing apprenticeship programs approved under this chapter
that serve the same trade and geographic area have been identified by
the California Apprenticeship Council as deficient in meeting their
obligations under this chapter.
(c) Notwithstanding subdivision (b), the California Apprenticeship
Council may approve a new apprenticeship program if special
circumstances, as established by regulation, justify the
establishment of the program.

3075.1. It is the public policy of this state to encourage the
utilization of apprenticeship as a form of on-the-job training, when
such training is cost-effective in developing skills needed to
perform public services. State and local public agencies shall make a
diligent effort to establish apprenticeship programs for
apprenticeable occupations in their respective work forces. In
furtherance of this policy, public agencies shall take into
consideration (a) the extent to which a continuous supply of trained
personnel is readily available to public agencies to meet their skill
requirements in the various occupations which are determined to be
apprenticeable, and (b) the application of established programs in
the private sector, where appropriate. Public sector apprenticeship
programs should be fully compatible with affirmative action goals for
the participation of minorities and women in apprenticeship
programs.

3076. The function of a joint apprenticeship committee, when
specific written authority is delegated by the parent organizations
represented, shall be to establish work processes, wage rates,
working conditions for apprentices, the number of apprentices which
shall be employed in the trade under apprentice agreements, and aid
in the adjustment of apprenticeship disputes in accordance with
standards for apprenticeship set up by the California Apprenticeship
Council. Disciplinary proceedings resulting from disputes shall be
duly noticed to the involved individuals.

3076.3. Program sponsors shall establish selection procedures which
specify minimum requirements for formal education or equivalency,
physical examination, if any, subject matter of written tests and
oral interviews, and any other criteria pertinent to the selection
process; shall specify the relative weights of all factors which
determine selection to an apprenticeship program; shall submit in
writing to the chief an official statement of each selection
procedure including the filing date and location of the program
sponsor; shall make a copy of the selection procedures available to
each applicant; shall provide in writing to each applicant not
selected an official explanation setting forth the reason or reasons
for the nonselection, copies of which shall be retained as a public
record in the files of the program sponsor for a period of five
years; and shall implement affirmative action programs for minorities
and women in accordance with the rules, regulations, and guidelines
of the California Apprenticeship Council.

3076.5. A program sponsor may provide in its selection procedures
for an additional 10 points credit in the selection of veteran
applicants for apprenticeship.
"Veteran," as used in this section, means a veteran who has served
in the armed forces of this country for at least 181 consecutive
days since January 31, 1955, and who has been discharged or released
under conditions other than dishonorable, but does not include any
person who served only in auxiliary or reserve components of the
armed forces whose services therein did not exempt him or her from
the operation of the Selective Training and Service Act of 1940 (54
Stat. 885).

3077. The term "apprentice" as used in this chapter, means a person
at least 16 years of age who has entered into a written agreement,
in this chapter called an "apprentice agreement," with an employer or
program sponsor. The term of apprenticeship for each apprenticeable
occupation shall be approved by the chief, and in no case shall
provide for less than 2,000 hours of reasonably continuous employment
for such person and for his or her participation in an approved
program of training through employment and through education in
related and supplemental subjects.

3077.5. A program sponsor administering an apprenticeship program
under this chapter shall not provide a maximum age for apprentices.

3078. Every apprentice agreement entered into under this chapter
shall directly, or by reference, contain:
(a) The names of the contracting parties.
(b) The date of birth of the apprentice.
(c) A statement of the trade, craft, or business which the
apprentice is to be taught, and the time at which the apprenticeship
will begin and end.
(d) A statement showing the number of hours to be spent by the
apprentice in work and the learning objectives to be accomplished
through related and supplemental instruction, except as otherwise
provided under Section 3074. These exceptions shall be subject to the
appeal procedures established in Sections 3081, 3082, 3083, and
3084. A minimum of 144 hours of related and supplemental instruction
for each year of apprenticeship is recommended; however, related
instruction may be expressed in terms of units or other objectives to
be accomplished. In no case shall the combined weekly hours of work
and required related and supplemental instruction of the apprentice
exceed the maximum number of hours of work prescribed by law for a
person of the age of the apprentice.
(e) A statement setting forth a schedule of the processes in the
trade or industry divisions in which the apprentice is to be taught
and the approximate time to be spent at each process.
(f) A statement of the graduated scale of wages to be paid the
apprentice and whether the required schooltime shall be compensated.
(g) A statement providing for a period of probation of not more
than 1,000 hours of employment and not more than 72 hours of related
instruction, during which time the apprentice agreement may be
terminated by the program sponsor at the request in writing of either
party, and providing that after the probationary period the
apprentice agreement may be terminated by the administrator by mutual
agreement of all parties thereto, or canceled by the administrator
for good and sufficient reason.
(h) A provision that all controversies or differences concerning
the apprentice agreement which cannot be adjusted locally, or which
are not covered by collective-bargaining agreement, shall be
submitted to the administrator for determination as provided for in
Section 3081.
(i) A provision that an employer who is unable to fulfill his or
her obligation under the apprentice agreement may, with approval of
the administrator, transfer the contract to any other employer if the
apprentice consents and the other employer agrees to assume the
obligation of the apprentice agreement.
(j) Such additional terms and conditions as may be prescribed or
approved by the California Apprenticeship Council, not inconsistent
with the provisions of this chapter.
(k) A clause providing that there shall be no liability on the
part of the other contracting party for an injury sustained by an
apprentice engaged in schoolwork at a time when the employment of the
apprentice has been temporarily or permanently terminated.

3079. Every apprentice agreement under this chapter shall be
approved by the local joint apprenticeship committee or the parties
to a collective bargaining agreement or, subject to review by the
council, by the administrator where there is no collective bargaining
agreement or joint committee, a copy of which shall be filed with
the California Apprenticeship Council. Every apprentice agreement
shall be signed by the employer, or his or her agent, or by a program
sponsor, as provided in Section 3080, and by the apprentice, and if
the apprentice is a minor, by the minor's parent or guardian. Where a
minor enters into an apprentice agreement under this chapter for a
period of training extending into his or her majority, the apprentice
agreement shall likewise be binding for such a period as may be
covered during the apprentice's majority.

3080. (a) For the purpose of providing greater diversity of
training or continuity of employment, any apprentice agreement made
under this chapter may in the discretion of the California
Apprenticeship Council be signed by an association of employers or an
organization of employees instead of by an individual employer. In
that case, the apprentice agreement shall expressly provide that the
association of employers or organization of employees does not assume
the obligation of an employer but agrees to use its best endeavors
to procure employment and training for an apprentice with one or more
employers who will accept full responsibility, as herein provided,
for all the terms and conditions of employment and training set forth
in the agreement between the apprentice and employer association or
employee organization during the period of the apprentice's
employment. The apprentice agreement shall also expressly provide for
the transfer of the apprentice, subject to the approval of the
California Apprenticeship Council, to an employer or employers who
shall sign a written agreement with the apprentice, and if the
apprentice is a minor, with the apprentice's parent or guardian, as
specified in Section 3079, contracting to employ the apprentice for
the whole or a definite part of the total period of apprenticeship
under the terms and conditions of employment and training set forth
in the apprentice agreement.
(b) All apprenticeship programs with more than one employer or an
association of employers shall include provisions sufficient to
ensure meaningful representation of the interests of apprentices in
the management of the program.

3081. Upon the complaint of any interested person or upon his own
initiative, the administrator may investigate to determine if there
has been a violation of the terms of an apprentice agreement, made
under this chapter, and he may hold hearings, inquiries, and other
proceedings necessary to such investigations and determinations. The
parties to such agreement shall be given a fair and impartial
hearing, after reasonable notice thereof. All such hearings,
investigations and determinations shall be made under authority of
reasonable rules and procedures prescribed by the California
Apprenticeship Council.

3082. The determination of the administrator shall be filed with
the California Apprenticeship Council. If no appeal therefrom is
filed with the California Apprenticeship Council within 10 days from
the date the parties are given notification of the determination, in
accordance with Section 1013a and Section 2015.5 of the Code of Civil
Procedure, the determination shall become the order of the
California Apprenticeship Council. Any person aggrieved by the
determination or action of the administrator may appeal therefrom to
the California Apprenticeship Council, which shall review the entire
record and may hold a hearing thereon after due notice to the
interested parties.

3083. The decision of the California Apprenticeship Council as to
the facts shall be conclusive if supported by the evidence and all
orders and decisions of the California Apprenticeship Council shall
be prima facie lawful and reasonable.

3084. Any party to an apprentice agreement aggrieved by an order or
decision of the California Apprenticeship Council may maintain
appropriate proceedings in the courts on questions of law. The
decision of the California Apprenticeship Council shall be conclusive
if the proceeding is not filed within 30 days after the date the
aggrieved party is given notification of the decision.

3084.5. In any case in which a person or persons have willfully
violated any of the laws, regulations, or orders governing applicants
for apprenticeship or apprentices registered under this chapter, the
Division of Apprenticeship Standards may obtain in a court of
competent jurisdiction, an injunction against any further violations
of any such laws, regulations, or orders by such person or persons.

3085. No person shall institute any action for the enforcement of
any apprentice agreement, or damages for the breach of any apprentice
agreement, made under this chapter, unless he shall first have
exhausted all administrative remedies provided by this chapter.

3086. Nothing in this chapter or in any apprentice agreement
approved under this chapter shall operate to invalidate any
apprenticeship provision in any collective agreement between
employers and employees setting up higher apprenticeship standards.

3088. If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of the
chapter and the application of such provision to other persons and
circumstances, shall not be affected thereby.

3089. This chapter shall be known and may be cited as the
Shelley-Maloney Apprentice Labor Standards Act of 1939.

3090. The Division of Apprenticeship Standards shall investigate,
approve or reject applications from establishments for apprenticeship
and other on-the-job training, and for that purpose, may cooperate,
or contract with, and receive reimbursements from the appropriate
agencies of the Federal Government.

3091. Acceptance of an application for entrance into an
apprenticeship training program shall not be predicated on the
payment of any fee. Reasonable costs for expense incurred may be
charged after an applicant has been accepted into the program.

3091.5. Pursuant to Section 16370 of the Government Code, there is
hereby authorized in the State Treasury a Special Deposit Fund
Account, which shall consist of moneys collected from the sale of
instructional material to persons enrolled in any apprenticeship
training program under this chapter. All of the moneys collected are
hereby appropriated without regard to fiscal year for the support of
the Department of Education to be used for the development and
production of apprenticeship instructional material.

3092. A successful graduate of a training program in a particular
apprenticeable occupation of a vocational education program meeting
the standards of the California State Plan for Vocational Education
may receive credit toward a term of apprenticeship if the program is
jointly established and approved by a school district, a county
superintendent of schools, a public entity conducting a regional
occupational center or program, or a private postsecondary vocational
school accredited by a regional or national accrediting agency
recognized by the United States Office of Education and the program
sponsor of the particular apprenticeable occupation.

3093. (a) This section applies only when voluntarily requested by
the parties to a collective bargaining agreement or by an employer,
his or her association, or a union, or its representative where there
is no collective bargaining agreement.
(b) Nothing in this section may be construed in any way so as to
compel, regulate, interfere with, or duplicate the provisions of any
established training programs which are operated under the terms of
any collective bargaining agreements or unilaterally by any employer
or bona fide labor union.
(c) Services contemplated under this section may be provided only
when voluntarily requested and shall be denied when it is found that
existing prevailing conditions in the area and industry would in any
way be lowered or adversely affected.
(d) The California Apprenticeship Council in cooperation with the
Department of Education, the Employment Development Department, and
the Board of Governors of the California Community Colleges may
foster and promote on-the-job training programs other than
apprenticeship as follows: (1) programs for journeymen in the
apprenticeable occupations to keep them abreast of current
techniques, methods, and materials and opportunities for advancement
in their industries; (2) programs in other than apprenticeable
occupations for workers entering the labor market for the first time
or workers entering new occupations by reason of having been
displaced from former occupations by reason of economic, industrial,
technological scientific changes, or developments; (3) the programs
shall be in accord with and agreed to by the parties to any
applicable collective bargaining agreements and where appropriate
will include joint employer-employee cooperation in the programs.
(e) The Division of Apprenticeship Standards when requested may
foster and promote voluntary on-the-job training programs in
accordance with this section, and assist employers, employees and
other interested persons and agencies in the development and carrying
out of the programs. The Division of Apprenticeship Standards shall
cooperate in these functions with the Department of Education, the
Employment Development Department, and the Board of Governors of the
California Community Colleges and other governmental agencies. The
Division of Apprenticeship Standards may cooperate with the
Department of Corrections and the Department of the Youth Authority
in the development of training programs for inmates and releasees of
correctional institutions.
(f) The programs, where appropriate, may include related and
supplemental classroom instruction offered and administered by state
and local boards responsible for vocational education.
(g) The activities and services of the Division of Apprenticeship
Standards in training programs under this section shall be performed
without curtailing or in any way interfering with the division's
activities and services in apprenticeship.
(h) The Division of Apprenticeship Standards may contract with,
and receive reimbursements from, appropriate federal, state, and
other governmental agencies.
(i) The vocational education activities and services of the
Department of Education, the Board of Governors of the California
Community Colleges, and local public school districts shall not be
abridged or abrogated through implementation of this section.
(j) "On-the-job training" as used in this section refers
exclusively to training confined to the needs of a specific
occupation and conducted at the jobsite for employed workers.
(k) "Journeyman," as used in this section, means a person who has
either (1) completed an accredited apprenticeship in his craft, or
(2) who has completed the equivalent of an apprenticeship in length
and content of work experience and all other requirements in the
apprenticeship standards for the craft which has workers classified
as journeymen in an apprenticeable occupation.
(l) Nothing in this section shall be construed to require prior
approval, ratification, or reference of any training program to the
Division of Apprenticeship Standards or the Department of Industrial
Relations.

3095. Every person who willfully discriminates in any recruitment
or apprenticeship program on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code, is guilty
of a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment for not more than six months, or
both.

3097. The Department of Industrial Relations, Division of
Apprenticeship Standards, may cooperate in the provision of, or
provide, services to the Employment Development Department, and to
service delivery areas, as designated pursuant to the Job Training
Partnership Act (P.L. 97-300, and Division 8 commencing with Section
15000 of the Unemployment Insurance Code). The Department of
Industrial Relations, Division of Apprenticeship Standards may enter
into any agreements as may be necessary for this purpose.
The Division of Apprenticeship Standards shall exert maximum
effort to persuade sponsors of its registered, nonfederally funded,
voluntary apprenticeship and on-the-job training programs to accept
to the maximum possible extent the eligible persons as described in
the Job Training Partnership Act (P.L. 97-300) and Division 8
(commencing with Section 15000) of the Unemployment Insurance Code.

3098. An apprentice registered in an approved apprenticeship
program in any of the building and construction trades shall be
employed only as an apprentice when performing any construction work
for an employer that is a party, individually or through an employer
association, to any apprenticeship agreement or standards covering
that individual.

3099. (a) The Division of Apprenticeship Standards shall do all of
the following:
(1) On or before July 1, 2001, establish and validate minimum
standards for the competency and training of electricians through a
system of testing and certification.
(2) On or before March 1, 2000, establish an advisory committee
and panels as necessary to carry out the functions under this
section. There shall be contractor representation from both joint
apprenticeship programs and unilateral nonunion programs in the
electrical contracting industry.
(3) On or before July 1, 2001, establish fees necessary to
implement this section.
(4) On or before July 1, 2001, establish and adopt regulations to
enforce this section.
(5) Issue certification cards to electricians who have been
certified pursuant to this section. Fees collected pursuant to
paragraph (3) are continuously appropriated in an amount sufficient
to pay the costs of issuing certification cards, and that amount may
be expended for that purpose by the division.
(6) On or before July 1, 2003, establish an electrical
certification curriculum committee comprised of representatives of
the State Department of Education, the California Community Colleges,
and the division. The electrical certification curriculum committee
shall do all of the following:
(A) Establish written educational curriculum standards for
enrollees in training programs established pursuant to Section
3099.4.
(B) If an educational provider's curriculum meets the written
educational curriculum standards established in accordance with
subparagraph (A), designate that curriculum as an approved curriculum
of classroom instruction.
(C) At the committee's discretion, review the approved curriculum
of classroom instruction of any designated educational provider. The
committee may withdraw its approval of the curriculum if the
educational provider does not continue to meet the established
written educational curriculum standards.
(D) Require each designated educational provider to submit an
annual notice to the committee stating whether the educational
provider is continuing to offer the approved curriculum of classroom
instruction and whether any material changes have been made to the
curriculum since its approval.
(b) There shall be no discrimination for or against any person
based on membership or nonmembership in a union.
(c) As used in this section, "electricians" includes all persons
who engage in the connection of electrical devices for electrical
contractors licensed pursuant to Section 7058 of the Business and
Professions Code, specifically, contractors classified as electrical
contractors in the Contractors' State License Board Rules and
Regulations. This section does not apply to electrical connections
under 100 volt-amperes. This section does not apply to persons
performing work to which Section 7042.5 of the Business and
Professions Code is applicable, or to electrical work ordinarily and
customarily performed by stationary engineers. This section does not
apply to electrical work in connection with the installation,
operation, or maintenance of temporary or portable electrical
equipment performed by technicians in the theatrical, motion picture
production, television, hotel, exhibition, or trade show industries.

3099.2. (a) (1) Persons who perform work as electricians shall
become certified pursuant to Section 3099 by the deadline specified
in this subdivision. After the applicable deadline, uncertified
persons shall not perform electrical work for which certification is
required.
(2) The deadline for certification as a general electrician or
fire/life safety technician is January 1, 2006, except that persons
who applied for certification prior to January 1, 2006, have until
January 1, 2007, to pass the certification examination. The deadline
for certification as a residential electrician is January 1, 2007,
and the deadline for certification as a voice data video technician
or a nonresidential lighting technician is January 1, 2008. The
California Apprenticeship Council may extend the certification date
for any of these three categories of electricians up to January 1,
2009, if the council concludes that the existing deadline will not
provide persons sufficient time to obtain certification, enroll in an
apprenticeship or training program, or register pursuant to Section
3099.4.
(3) For purposes of any continuing education or recertification
requirement, individuals who become certified prior to the deadline
for certification shall be treated as having become certified on the
first anniversary of their certification date that falls after the
certification deadline.
(b) (1) Certification is required only for those persons who
perform work as electricians for contractors licensed as class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations.
(2) Certification is not required for persons performing work for
contractors licensed as class C-7 low voltage systems or class C-45
electric sign contractors as long as the work performed is within the
scope of the class C-7 or class C-45 license, including incidental
and supplemental work as defined in Section 7059 of the Business and
Professions Code, and regardless of whether the same contractor is
also licensed as a class C-10 contractor.
(3) Certification is not required for work performed by a worker
on a high-voltage electrical transmission or distribution system
owned by a local publicly owned electric utility, as defined in
Section 224.3 of the Public Utilities Code; an electrical
corporation, as defined in Section 218 of the Public Utilities Code;
a person, as defined in Section 205 of the Public Utilities Code; or
a corporation, as defined in Section 204 of the Public Utilities
Code; when the worker is employed by the utility or a licensed
contractor principally engaged in installing or maintaining
transmission or distribution systems.
(c) The division shall establish separate certifications for
general electrician, fire/life safety technician, residential
electrician, voice data video technician, and nonresidential lighting
technician.
(d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Office
of Apprenticeship program, or a state apprenticeship program
authorized by the federal Office of Apprenticeship. An apprentice who
is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
(e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
(f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
(g) Notwithstanding subdivision (a), the qualifying person for a
class C-10 electrical contractor license issued by the Contractors'
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
(h) Commencing July 1, 2009, the following shall constitute
additional grounds for disciplinary proceedings, including suspension
or revocation of the license of a class C-10 electrical contractor
pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of
Division 3 of the Business and Professions Code:
(1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.
(2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 3099.4.
(3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
(i) The Chief of the Division of Apprenticeship Standards shall
develop a process for referring cases to the Contractors' State
License Board when it has been determined that a violation of this
section has likely occurred. On or before July 1, 2009, the chief
shall prepare and execute a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
(j) Upon receipt of a referral by the Chief of the Division of
Apprenticeship Standards alleging a violation under this section, the
Registrar of Contractors shall open an investigation. Any
disciplinary action against the licensee shall be initiated within 60
days of the receipt of the referral. The Registrar of Contractors
may initiate disciplinary action against any licensee upon his or her
own investigation, the filing of any complaint, or any finding that
results from a referral from the Chief of the Division of
Apprenticeship Standards alleging a violation under this section.
Failure of the employer or employee to provide evidence of
certification or trainee status shall create a rebuttable presumption
of violation of this provision.
(k) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.

3099.3. The Division of Apprenticeship Standards shall do all of
the following:
(a) Make information about electrician certification available in
non-English languages spoken by a substantial number of construction
workers, as defined in Section 7296.2 of the Government Code.
(b) Provide for the administration of certification tests in
Spanish and, to the extent practicable, other non-English languages
spoken by a substantial number of applicants, as defined in Section
7296.2 of the Government Code, except insofar as the ability to
understand warning signs, instructions, and certain other information
in English is necessary for safety reasons.
(c) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter that impose
minimum formal education requirements as a condition of entry provide
for reasonable alternative means of satisfying those requirements.
(d) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter have adopted
reasonable procedures for granting credit toward a term of
apprenticeship for other vocational training and on-the-job training
experience.
(e) Report to the Legislature, prior to the deadline for
individuals to become certified, on the status of electrician
certification, including all of the following:
(1) The number of persons who have been certified pursuant to
Section 3099.
(2) The number of persons enrolled in electrician apprenticeship
programs.
(3) The number of persons who have registered pursuant to Section
3099.4.
(4) The estimated number of individuals performing work for Class
C-10 electrical contractors for which certification will be required
after the deadline for certification, who have not yet been certified
and are not enrolled in apprenticeship programs or registered
pursuant to Section 3099.4.
(5) Whether enforcement of the deadline for certification will
cause a shortage of electricians in California.
(6) Whether persons who wish to become certified electricians will
have an adequate opportunity to pass the certification exam, to
register pursuant to Section 3099.4, or to enroll in an
apprenticeship program prior to the deadline for certification.

3099.4. (a) After the deadline for certification, an uncertified
person may perform electrical work for which certification is
required under Section 3099 in order to acquire the necessary
on-the-job experience for certification, if all of the following
requirements are met:
(1) The person is registered with the Division of Apprenticeship
Standards. A list of current registrants shall be maintained by the
division and made available to the public upon request.
(2) The person either has completed or is enrolled in an approved
curriculum of classroom instruction.
(3) The employer attests that the person shall be under the direct
supervision of an electrician certified pursuant to Section 3099 who
is responsible for supervising no more than one uncertified person.
An employer who is found by the division to have failed to provide
adequate supervision may be barred by the division from employing
uncertified individuals pursuant to this section in the future.
(b) For purposes of this section, an "approved curriculum of
classroom instruction" means a curriculum of classroom instruction
approved by the electrician certification curriculum committee
established pursuant to paragraph (6) of subdivision (a) of Section
3099 and provided under the jurisdiction of the State Department of
Education, the Board of Governors of the California Community
Colleges, or the Bureau for Private Postsecondary and Vocational
Education.
(c) The curriculum committee may grant approval to an educational
provider that presently offers only a partial curriculum if the
educational provider intends in the future to offer, or to cooperate
with other educational providers to offer, a complete curriculum for
the type of certification involved. The curriculum committee may
require an educational provider receiving approval for a partial
curriculum to periodically renew its approval with the curriculum
committee until a complete curriculum is offered and approved. A
partial curriculum means a combination of classes that do not include
all classroom educational components of the complete curriculum for
one of the categories of certification established in accordance with
subdivision (c) of Section 3099.2.
(d) An educational provider that receives approval for a partial
curriculum must disclose in all communications to students and to the
public that the educational provider has only received approval for
a partial curriculum and shall not make any representations that the
provider offers a complete approved curriculum of classroom
instruction as established by subparagraph (A) of paragraph (6) of
subdivision (a) of Section 3099.
(e) For purposes of this section, a person is "enrolled" in an
approved curriculum of classroom instruction if the person is
attending classes on a full-time or part-time basis toward the
completion of an approved curriculum.
(f) Registration under this section shall be renewed annually and
the registrant shall provide to the division certification of the
classwork completed and on-the-job experience acquired since the
prior registration.
(g) For purposes of verifying the information provided by a person
registered with the division, an educational provider of an approved
curriculum of classroom instruction shall, upon the division's
request, provide the division with information regarding the
enrollment status and instruction completed by a person registered.
By registering with the division in accordance with this section, a
person consents to the release of this information.
(h) The division shall establish registration fees necessary to
implement this section, not to exceed twenty-five dollars ($25) for
the initial registration. There shall be no fee for annual renewal of
registration. Fees collected are continuously appropriated in an
amount sufficient to administer this section and that amount may be
expended by the division for this purpose.
(i) The division shall issue regulations to implement this
section.
(j) For purposes of Section 1773, persons employed pursuant to
this section do not constitute a separate craft, classification, or
type of worker.
(k) Notwithstanding any other provision of law, an uncertified
person who has completed an approved curriculum of classroom
instruction and is currently registered with the division may take
the certification examination. The person shall be certified upon
passing the examination and satisfactorily completing the requisite
number of on-the-job hours required for certification. A person who
passes the examination prior to completing the requisite hours of
on-the-job experience shall continue to comply with subdivision (f).

3099.5. (a) The Electrician Certification Fund is hereby created as
a special account in the State Treasury. Proceeds of the fund may be
expended by the department, upon appropriation by the Legislature,
for the costs of the Division of Apprenticeship Standards program to
validate and certify electricians as provided by Section 3099, and
shall not be used for any other purpose.
(b) The fund shall consist of the fees collected pursuant to
Section 3099.