Section 1771.3 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1771.3
. (a) The State Public Works Enforcement Fund is hereby
created as a special fund in the State Treasury to be available upon
appropriation of the Legislature. All registration fees collected
pursuant to Section 1725.5 and any other moneys as are designated by
statute or order shall be deposited in the fund for the purposes
specified in subdivision (b).
(b) Moneys in the State Public Works Enforcement Fund shall be
used only for the following purposes:
(1) The reasonable costs of administering the registration of
contractors and subcontractors to perform public work pursuant to
Section 1725.5.
(2) The costs and obligations associated with the administration
and enforcement of the requirements of this chapter by the Department
of Industrial Relations.
(3) The monitoring and enforcement of any requirement of this code
by the Labor Commissioner on a public works project or in connection
with the performance of public work as defined pursuant to this
chapter.
(c) The annual contractor registration renewal fee specified in
subdivision (a) of Section 1725.5, and any adjusted application or
renewal fee, shall be set in amounts that are sufficient to support
the annual appropriation approved by the Legislature for the State
Public Works Enforcement Fund and not result in a fund balance
greater than 25 percent of the appropriation. Any yearend balance in
the fund greater than 25 percent of the appropriation shall be
applied as a credit when determining any fee adjustments for the
subsequent fiscal year.
(d) To provide adequate cashflow for the purposes specified in
subdivision (b), the Director of Finance, with the concurrence of the
Secretary of the Labor and Workforce Development Agency, may approve
a short-term loan each fiscal year from the Labor and Workforce
Development Fund to the State Public Works Enforcement Fund.
(1) The maximum amount of the annual loan allowable may be up to,
but shall not exceed 50 percent of the appropriation authority of the
State Public Works Enforcement Fund in the same year in which the
loan was made.
(2) For the purposes of this section, a "short-term loan" is a
transfer that is made subject to both of the following conditions:
(A) Any amount loaned is to be repaid in full during the same
fiscal year in which the loan was made, except that repayment may be
delayed until a date not more than 30 days after the date of
enactment of the annual Budget Act for the subsequent fiscal year.
(B) Loans shall be repaid whenever the funds are needed to meet
cash expenditure needs in the loaning fund or account.