Bill Text: NY A00104 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a public policy regarding and favoring apprenticeship training programs; provides standards for such programs and procedures for registration of approved programs; requires contractors for state public works jobs to have a registered apprenticeship program; provides for creation of a state apprenticeship and training council.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-01-05 - referred to labor [A00104 Detail]
Download: New_York-2009-A00104-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 104 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. MONTESANO, SALADINO, FINCH -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the state finance law, in relation to apprenticeship training and to repeal article 23 of the labor law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Article 23 of the labor law is REPEALED and a new article 2 23 is added to read as follows: 3 ARTICLE 23 4 APPRENTICESHIP TRAINING 5 SECTION 810. STATEMENT OF PUBLIC POLICY. 6 811. DEFINITIONS. 7 812. ELIGIBILITY AND PROCEDURE FOR REGISTRATION. 8 813. STANDARDS FOR APPRENTICESHIP PROGRAMS. 9 814. STANDARDS FOR APPRENTICESHIP AGREEMENTS. 10 815. RELATED AND SUPPLEMENTAL INSTRUCTION. 11 816. POWERS AND DUTIES OF THE COMMISSIONER. 12 817. STATE APPRENTICESHIP AND TRAINING COUNCIL. 13 818. DEREGISTRATION PROCEEDINGS. 14 819. COMPLAINTS. 15 819-A. RECORDS AND REPORTS. 16 819-B. APPRENTICESHIP ASSISTANCE IN ALL POLITICAL SUBDIVISIONS 17 OF THE STATE. 18 819-C. SEPARABILITY. 19 S 810. STATEMENT OF PUBLIC POLICY. SKILLED MANPOWER CONSTITUTES A 20 GREAT RESOURCE IN THIS STATE. APPRENTICESHIP PROGRAMS, THROUGH SUPER- 21 VISED TRAINING AND EDUCATION, DEVELOP SKILLED CRAFTSMEN AND HELP MEET 22 THE INCREASING NEEDS FOR SUCH WORKERS IN THE STATE'S LABOR FORCE. THE 23 CONTINUING DEVELOPMENT OF SKILLED MANPOWER IS ESSENTIAL FOR INDIVIDUAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02290-01-1 A. 104 2 1 SELF-REALIZATION AND FOR AN EXPANDING INDUSTRIAL ECONOMY. TO THESE ENDS, 2 IT IS THE DECLARED PUBLIC POLICY OF THE STATE OF NEW YORK TO DEVELOP 3 SOUND APPRENTICESHIP TRAINING STANDARDS AND TO ENCOURAGE INDUSTRY AND 4 LABOR TO INSTITUTE AND MAINTAIN TRAINING PROGRAMS OF THE HIGHEST POSSI- 5 BLE QUALITY IN ALL ASPECTS OF ON-THE-JOB TRAINING AND RELATED INSTRUC- 6 TION AND THAT APPRENTICESHIP TRAINING PROGRAMS PROVIDE MEANINGFUL 7 EMPLOYMENT AND RELEVANT TRAINING FOR APPRENTICES. 8 S 811. DEFINITIONS. AS USED IN THIS ARTICLE: 9 1. "COMMISSIONER" MEANS THE COMMISSIONER OF LABOR OF THE STATE OF NEW 10 YORK OR HIS OR HER DULY AUTHORIZED REPRESENTATIVE. 11 2. "APPRENTICESHIP PROGRAM" OR "PROGRAM" MEANS A WRITTEN PLAN 12 CONDUCTED OR SPONSORED BY AN EMPLOYER, A GROUP OF EMPLOYERS, OR A JOINT 13 APPRENTICESHIP COMMITTEE REPRESENTING BOTH EMPLOYERS AND A UNION, AND 14 WHICH CONTAINS ALL TERMS AND CONDITIONS FOR THE QUALIFICATION, RECRUIT- 15 MENT, SELECTION, EMPLOYMENT, AND TRAINING OF APPRENTICES, INCLUDING SUCH 16 MATTERS AS THE REQUIREMENT FOR A WRITTEN APPRENTICESHIP AGREEMENT. 17 3. "APPRENTICESHIP AGREEMENT" OR "AGREEMENT" MEANS A WRITTEN AGREEMENT 18 BETWEEN A SPONSOR AND AN APPRENTICE WHICH CONTAINS THE TERMS AND CONDI- 19 TIONS OF THE EMPLOYMENT AND TRAINING OF THE APPRENTICE. 20 4. "APPRENTICEABLE OCCUPATION" IS A SKILLED TRADE WHICH POSSESSES ALL 21 OF THE FOLLOWING CHARACTERISTICS: (A) IS CUSTOMARILY LEARNED IN A 22 PRACTICAL WAY THROUGH TRAINING AND WORK ON THE JOB; (B) IS, IN THE 23 JUDGMENT OF THE COMMISSIONER, CLEARLY IDENTIFIED AND COMMONLY RECOGNIZED 24 THROUGHOUT AN INDUSTRY; (C) IS, IN THE JUDGMENT OF THE COMMISSIONER, 25 NOT A PART OF AN OCCUPATION PREVIOUSLY RECOGNIZED AS APPRENTICEABLE 26 UNLESS SUCH PART IS PRACTICED INDUSTRY-WIDE AS AN IDENTIFIABLE AND 27 DISTINCT TRADE; (D) INVOLVES MANUAL, MECHANICAL OR TECHNICAL SKILLS AND 28 KNOWLEDGE WHICH REQUIRE A MINIMUM OF FOUR THOUSAND HOURS OF WORK AND 29 TRAINING, WHICH HOURS MAY INCLUDE THE TIME SPENT AT RELATED INSTRUCTION, 30 EXCEPT THAT AT THE DISCRETION OF THE COMMISSIONER, A NEW TRADE MAY 31 REQUIRE A MINIMUM OF TWO THOUSAND HOURS IF THE COMMISSIONER FINDS THAT 32 THE PARTICULAR TRADE CAN BE LEARNED WITHIN SUCH TIME; (E) REQUIRES 33 RELATED INSTRUCTION TO SUPPLEMENT THE ON-THE-JOB TRAINING WHICH INSTRUC- 34 TION SHALL BE GIVEN IN ACCORDANCE WITH THIS ARTICLE; AND (F) INVOLVES 35 THE DEVELOPMENT OF SKILLS SUFFICIENTLY BROAD TO BE APPLICABLE IN LIKE 36 OCCUPATIONS THROUGHOUT AN INDUSTRY, RATHER THAN OF RESTRICTED APPLICA- 37 TION TO THE PRODUCTS OF ANY ONE COMPANY. 38 5. "SPONSOR" MEANS AN EMPLOYER, A GROUP OF EMPLOYERS, OR A JOINT 39 APPRENTICESHIP COMMITTEE (JAC) REPRESENTING BOTH EMPLOYERS AND A UNION, 40 WHICH HAS THE ABILITY TO TRAIN APPRENTICES, AND WHICH IS RECOGNIZED AS 41 SUCH BY THE COMMISSIONER THROUGH THE REGISTRATION OF A PROGRAM. 42 6. "APPRENTICESHIP COUNCIL" MEANS THE STATE APPRENTICESHIP AND TRAIN- 43 ING COUNCIL ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED SEVENTEEN OF 44 THIS ARTICLE. 45 S 812. ELIGIBILITY AND PROCEDURE FOR REGISTRATION. 1. AN APPLICATION 46 FOR REGISTRATION OF A PROGRAM OR AGREEMENT SHALL BE MADE BY THE SPONSOR 47 ON A FORM PRESCRIBED BY AND FILED WITH THE COMMISSIONER. 48 2. NO PROGRAM OR AGREEMENT SHALL BE ELIGIBLE FOR REGISTRATION BY THE 49 COMMISSIONER UNLESS THE COMMISSIONER FINDS THAT: (A) IT IS IN CONFORM- 50 ITY WITH THE REQUIREMENTS OF THIS ARTICLE; (B) THE PROPOSED PROGRAM IS 51 IN AN APPRENTICEABLE OCCUPATION AS DEFINED IN THIS ARTICLE; (C) IT IS 52 IN CONFORMITY WITH THE REQUIREMENTS OF THE COMMISSIONER'S REGULATION ON 53 EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP TRAINING; AND (D) THE 54 SPONSOR HAS AGREED TO REGISTER ALL APPRENTICES IN HIS OR HER EMPLOY, OR, 55 IN THE CASE OF A JOINT APPRENTICESHIP COMMITTEE IT SHALL BE THE RESPON- 56 SIBILITY OF SUCH COMMITTEE TO REGISTER ALL OF ITS APPRENTICES. A. 104 3 1 3. WHERE THERE IS AN EXISTING, QUALIFIED, RELATED INSTRUCTION PROGRAM 2 IN THE BUILDING TRADES, AVAILABLE TO ANY ELIGIBLE APPRENTICE CANDIDATE 3 FOR THAT TRADE, THE DEPARTMENT SHOULD NOT REGISTER AN APPRENTICE TRAIN- 4 ING PROGRAM WHICH PROPOSES TO USE A DIFFERENT RELATED INSTRUCTION 5 PROGRAM. IF, HOWEVER, THE EXISTING QUALIFIED PROGRAM IS NOT AVAILABLE TO 6 ALL POTENTIAL APPRENTICES, AND THE PROPOSED APPRENTICESHIP TRAINING 7 PROGRAM AND RELATED INSTRUCTION ARE OF THE SAME QUALITY AND STANDARDS 8 AS EXIST IN THE ESTABLISHED PROGRAM, THEN APPROVAL SHOULD BE CONSIDERED. 9 APPLICATIONS FOR ALL NEW PROGRAMS SHALL BE PROCESSED THROUGH THE STATE 10 APPRENTICESHIP AND TRAINING COUNCIL FOR REVIEW. FINAL APPROVAL FOR 11 REGISTRATION WILL BE MADE BY THE COMMISSIONER. 12 4. APPRENTICES MUST BE INDIVIDUALLY REGISTERED UNDER A REGISTERED 13 PROGRAM. SUCH REGISTRATION MAY BE EFFECTED BY: (A) SPONSORS FILING 14 COPIES OF EACH APPRENTICESHIP AGREEMENT; OR (B) SUBJECT TO PRIOR 15 APPROVAL BY THE COMMISSIONER, FILING A MASTER COPY OF SUCH AGREEMENT 16 FOLLOWED BY A LISTING OF THE NAME, AND OTHER REQUIRED DATA, OF EACH 17 INDIVIDUAL WHEN APPRENTICED. 18 5. THE COMMISSIONER MUST BE PROMPTLY NOTIFIED BY THE SPONSOR OF THE 19 VOLUNTARY CANCELLATION, SUSPENSION, OR TERMINATION OF ANY PROGRAM OR 20 AGREEMENT, WITH THE REASONS THEREFOR, AND OF THE STATUS OF ALL APPREN- 21 TICES IN THE PROGRAM, INCLUDING ARRANGEMENTS FOR TRANSFERRING OR TERMI- 22 NATING THEM. 23 6. THE SPONSOR OF AN APPROVED PROGRAM SHALL BE NOTIFIED OF REGISTRA- 24 TION BY THE COMMISSIONER. 25 7. ANY PROPOSED MODIFICATION OR CHANGE OF A REGISTERED PROGRAM SHALL 26 BE PROMPTLY SUBMITTED BY THE PROGRAM SPONSOR TO THE COMMISSIONER AND, IF 27 APPROVED, SHALL BE RECORDED AND ACKNOWLEDGED AS AN AMENDMENT TO SUCH 28 PROGRAM. 29 8. UNDER A PROGRAM PROPOSED FOR REGISTRATION BY AN EMPLOYER OR EMPLOY- 30 ERS' ASSOCIATION, WHERE THE STANDARDS, COLLECTIVE BARGAINING AGREEMENT, 31 OR OTHER INSTRUMENT PROVIDES FOR PARTICIPATION BY A UNION IN ANY MANNER 32 IN THE OPERATION OF THE SUBSTANTIVE MATTERS OF THE PROGRAM, WRITTEN 33 ACKNOWLEDGEMENT BY THE UNION OF THE UNION AGREEMENT OR A WRITTEN STATE- 34 MENT BY THE UNION THAT IT HAS NO OBJECTION TO THE REGISTRATION SHALL BE 35 REQUIRED. WHERE NO SUCH UNION PARTICIPATION IS PROVIDED, THE EMPLOYER OR 36 EMPLOYERS' ASSOCIATION SHALL SIMULTANEOUSLY FURNISH TO THE UNION LOCALS, 37 IF ANY, WHICH ARE THE COLLECTIVE BARGAINING AGENTS OF THE EMPLOYEES TO 38 BE TRAINED, A COPY OF ITS APPLICATION FOR REGISTRATION AND OF THE 39 PROGRAM. UPON RECEIPT OF THE APPLICATION AND PROGRAM, THE COMMISSIONER 40 SHALL PROMPTLY SEND BY CERTIFIED MAIL TO SUCH UNION LOCAL ANOTHER COPY 41 OF THE APPLICATION AND OF THE PROGRAM TOGETHER WITH A NOTICE THAT UNION 42 COMMENTS WILL BE ACCEPTED FOR THIRTY DAYS THEREAFTER. 43 9. WHERE THE EMPLOYEES TO BE TRAINED HAVE NO COLLECTIVE BARGAINING 44 AGENT, AN APPRENTICESHIP PROGRAM MAY BE PROPOSED FOR REGISTRATION BY AN 45 EMPLOYER OR GROUP OF EMPLOYERS. NOTICE SHALL BE GIVEN BY SUCH EMPLOYER 46 OR EMPLOYERS TO THE APPRENTICESHIP TRAINING COUNCIL. 47 10. THE COMMISSIONER MAY REFUSE TO REGISTER A PROGRAM IF IN HIS OR HER 48 JUDGMENT THE SPONSOR OR ANY PARTICIPANT WILL BE UNABLE TO CONDUCT THE 49 PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. THE COMMIS- 50 SIONER MAY ALSO REFUSE TO REGISTER A PROGRAM OR TO REGISTER ADDITIONAL 51 APPRENTICES UNDER A REGISTERED PROGRAM IF HE OR SHE FINDS THAT FOR THE 52 PARTICULAR OCCUPATION INVOLVED THE ECONOMIC AND EMPLOYMENT CONDITIONS IN 53 THE LOCALITY DO NOT JUSTIFY THE TRAINING OF ADDITIONAL APPRENTICES AND 54 WOULD NOT BE IN ACCORDANCE WITH THE PUBLIC POLICY STATED IN SECTION 55 EIGHT HUNDRED TEN OF THIS ARTICLE. ANY PERSON AGGRIEVED BY A REGISTRA- 56 TION DENIAL MAY, WITHIN TEN DAYS FROM THE NOTICE OF FILING OF THE NOTICE A. 104 4 1 OF DENIAL IN THE OFFICE OF THE COMMISSIONER, REQUEST A HEARING, AND THE 2 PROCEDURES IN SECTION EIGHT HUNDRED EIGHTEEN OF THIS ARTICLE SHALL 3 APPLY. 4 S 813. STANDARDS FOR APPRENTICESHIP PROGRAMS. NO PROGRAM SHALL BE 5 REGISTERED UNLESS THE COMMISSIONER DETERMINES THAT IT MEETS ALL OF THE 6 FOLLOWING STANDARDS: 7 1. THE PROGRAM MUST BE AN ORGANIZED, WRITTEN PLAN EMBODYING THE TERMS 8 AND CONDITIONS OF EMPLOYMENT, TRAINING AND SUPERVISION OF ONE OR MORE 9 APPRENTICES IN AN APPRENTICEABLE OCCUPATION, AND SUBSCRIBED TO BY A 10 SPONSOR WHO HAS UNDERTAKEN TO CARRY OUT THE APPRENTICE TRAINING PROGRAM, 11 AND IN THE CASE OF A PROGRAM OF A JOINT APPRENTICESHIP COMMITTEE THE 12 SPONSOR HAS UNDERTAKEN THE RESPONSIBILITY OF SUPERVISING THE CONDUCT OF 13 THE PROGRAM. 14 2. THE PROGRAM MUST CONTAIN THE EQUAL OPPORTUNITY PLEDGE PRESCRIBED BY 15 THE COMMISSIONER, AND IN PROGRAMS HAVING REGISTERED APPRENTICES: (A) AN 16 AFFIRMATIVE ACTION PLAN IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY 17 THE COMMISSIONER, (B) A SELECTION METHOD AUTHORIZED IN SUCH REGULATIONS, 18 AND (C) A PROVISION THAT THE APPRENTICE WILL BE ACCORDED EQUAL OPPORTU- 19 NITY IN ALL PHASES OF APPRENTICESHIP EMPLOYMENT AND TRAINING WITHOUT 20 DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, 21 AGE OR DISABILITY OR MARITAL STATUS. 22 3. THE PROGRAM MUST CONTAIN PROVISIONS DESCRIBING THE FOLLOWING: 23 (A) THE EMPLOYMENT AND TRAINING OF THE APPRENTICE IN A SKILLED TRADE, 24 AND THE REQUIRED MINIMUM QUALIFICATIONS; 25 (B) THE TERM OF APPRENTICESHIP, WHICH SHALL BE NOT LESS THAN TWO 26 YEARS OR FOUR THOUSAND HOURS, CONSISTENT WITH TRAINING REQUIREMENTS AS 27 ESTABLISHED BY INDUSTRY PRACTICE AS DETERMINED BY THE COMMISSIONER, 28 EXCEPT THAT THE TERM OF APPRENTICESHIP IN A NEW TRADE MAY BE NOT LESS 29 THAN ONE YEAR OR TWO THOUSAND HOURS IF THE COMMISSIONER FINDS AFTER 30 REVIEW OF WRITTEN SUBSTANTIATION OF THE SPONSOR AND WITH THE RECOMMENDA- 31 TION OF THE APPRENTICESHIP COUNCIL THAT THE PARTICULAR TRADE CAN BE 32 LEARNED WITHIN SUCH TIME. A NEW TRADE FOR THE PURPOSES OF THIS SECTION 33 MUST BE ONE NOT PRESENTLY CONSIDERED TO BE A BUILDING TRADE; 34 (C) THE WORK PROCESSES IN WHICH THE APPRENTICE WILL RECEIVE SUPER- 35 VISED WORK EXPERIENCE AND TRAINING ON THE JOB, AND THE ALLOCATION OF THE 36 APPROXIMATE TIME TO BE SPENT IN EACH MAJOR PROCESS; 37 (D) THE ORGANIZED, RELATED AND SUPPLEMENTAL INSTRUCTION IN TECHNICAL 38 SUBJECTS RELATED TO THE TRADE WHICH WILL BE PROVIDED TO EACH APPRENTICE, 39 AS REQUIRED BY THIS ARTICLE UNDER THE SUPERVISION OF QUALIFIED TRAINING 40 PERSONNEL UNDER NORMAL INSTRUCTIONAL CONDITIONS; 41 (E) THE PROGRESSIVELY INCREASING SCHEDULE OF WAGES TO BE PAID THE 42 APPRENTICE CONSISTENT WITH THE SKILL ACQUIRED. THE ENTRY WAGE SHALL BE 43 NOT LESS THAN THE MINIMUM WAGE PRESCRIBED BY FEDERAL OR STATE MINIMUM 44 WAGE LAWS, NOR LESS THAN THE WAGE REQUIRED BY AN APPLICABLE COLLECTIVE 45 BARGAINING AGREEMENT; 46 (F) THE SPONSOR'S PLANS FOR A PERIODIC REVIEW AND EVALUATION OF THE 47 APPRENTICE'S PROGRESS IN JOB PERFORMANCE AND RELATED INSTRUCTION, AND 48 THE MANNER IN WHICH THE SPONSOR WILL MAINTAIN RECORDS FOR EACH APPREN- 49 TICE; 50 (G) THE RATIO OF APPRENTICES TO JOURNEYMEN UNDER THE PROGRAM AS 51 DETERMINED BY THE COMMISSIONER, IN ACCORDANCE WITH PROPER SUPERVISION, 52 TRAINING AND CONTINUITY OF EMPLOYMENT, APPLICABLE PROVISIONS IN COLLEC- 53 TIVE BARGAINING AGREEMENTS AND UNION TIME ACCEPTED RATIOS; 54 (H) THE SPONSOR'S STATEMENT THAT HE OR SHE WILL COMPLY WITH APPLICA- 55 BLE FEDERAL, STATE AND LOCAL OCCUPATIONAL SAFETY AND HEALTH STANDARDS, 56 INCLUDING HIS OR HER WILLINGNESS TO PROVIDE ADEQUATE AND SAFE EQUIPMENT A. 104 5 1 AND FACILITIES FOR TRAINING AND SUPERVISION, AND SAFETY TRAINING FOR 2 APPRENTICES ON THE JOB; 3 (I) THE PROBATIONARY PERIOD FOR APPRENTICES, WHICH SHALL BE A REASON- 4 ABLE LENGTH, AS DETERMINED BY THE COMMISSIONER IN ACCORDANCE WITH APPLI- 5 CABLE PROVISIONS OF THE APPLICABLE COLLECTIVE BARGAINING AGREEMENTS; 6 (J) THE PLACEMENT AND REGISTRATION OF AN APPRENTICE IN ACCORDANCE 7 WITH THE PROVISIONS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO 8 THIS ARTICLE; 9 (K) THE MANNER, IF ANY, BY WHICH THE SPONSOR PROPOSES TO GRANT 10 ADVANCE STANDING OR CREDIT FOR PREVIOUSLY ACQUIRED EXPERIENCE, TRAINING, 11 SKILLS, OR APTITUDE FOR ALL APPLICANTS EQUALLY, AND THE MANNER IN WHICH 12 WAGES WILL BE ADJUSTED IF ANY ADVANCE STANDING OR CREDIT IS GRANTED; 13 (L) THE MANNER IN WHICH THE SPONSOR WILL PERMIT THE TRANSFER OF ITS 14 TRAINING OBLIGATION TO ANOTHER SPONSOR, WHERE WARRANTED, WITH FULL CRED- 15 IT TO THE APPRENTICE FOR SATISFACTORY TIME AND TRAINING EARNED; 16 (M) THE SPONSOR'S ASSURANCE THAT ALL TRAINING WILL BE CONDUCTED BY 17 QUALIFIED TRAINING PERSONNEL; 18 (N) THE MANNER IN WHICH THE SPONSOR WILL GRANT RECOGNITION FOR THE 19 SUCCESSFUL COMPLETION OF APPRENTICESHIP, WHICH RECOGNITION MUST INCLUDE 20 THE PRESENTATION OF AN APPROPRIATE NEW YORK STATE CERTIFICATION OF 21 COMPLETION FOR ALL WHO COMPLETE THE PROGRAM; 22 (O) THE SPONSOR'S AGREEMENT TO PROMPTLY NOTIFY THE COMMISSIONER OF 23 ALL PERSONS WHO HAVE SUCCESSFULLY COMPLETED PROGRAMS; 24 (P) THE SPONSOR'S STATEMENT THAT THE PROGRAM WILL BE CONDUCTED, OPER- 25 ATED, AND ADMINISTERED IN CONFORMITY WITH ALL APPLICABLE PROVISIONS OF 26 THIS ARTICLE; AND 27 (Q) THE SPONSOR'S AGREEMENT TO PROMPTLY RECORD, MAINTAIN AND SUBMIT 28 TO THE COMMISSIONER SUCH RECORDS CONCERNING APPRENTICESHIP AS MAY BE 29 REQUIRED BY THE COMMISSIONER AND OTHER APPLICABLE LAWS OR REGULATIONS. 30 4. NOTWITHSTANDING ANY OTHER GROUND FOR DEREGISTRATION, A VIOLATION OF 31 ANY OF THE AFOREMENTIONED STANDARDS SHALL BE A GROUND FOR DEREGISTRATION 32 OF AN APPRENTICESHIP PROGRAM. 33 S 814. STANDARDS FOR APPRENTICESHIP AGREEMENTS. AN APPRENTICESHIP 34 AGREEMENT SHALL INCLUDE THE FOLLOWING: 35 1. A STATEMENT OF THE TRADE OR CRAFT TO BE TAUGHT AND THE REQUIRED 36 HOURS FOR COMPLETION OF APPRENTICESHIP WHICH SHALL BE NOT LESS THAN TWO 37 YEARS OR FOUR THOUSAND HOURS OF REASONABLY CONTINUOUS EMPLOYMENT. 38 2. A STATEMENT OF THE PROCESSES IN THE TRADE OR CRAFT DIVISIONS IN 39 WHICH THE APPRENTICE IS TO BE TAUGHT AND THE APPROXIMATE AMOUNT OF TIME 40 TO BE SPENT AT EACH PROCESS. 41 3. A STATEMENT OF THE NUMBER OF HOURS TO BE SPENT BY THE APPRENTICE IN 42 WORK AND THE NUMBER OF HOURS TO BE SPENT IN RELATED AND SUPPLEMENTAL 43 INSTRUCTION WHICH INSTRUCTION SHALL BE NOT LESS THAN ONE HUNDRED FORTY- 44 FOUR HOURS A YEAR. 45 4. A STATEMENT THAT APPRENTICES SHALL BE NOT LESS THAN SIXTEEN YEARS 46 OF AGE. 47 5. PROVISION THAT APPRENTICES SHALL BE SELECTED ON THE BASIS OF QUALI- 48 FICATIONS ALONE, AS DETERMINED BY OBJECTIVE CRITERIA WHICH PERMIT 49 REVIEW, AND WITHOUT ANY DISCRIMINATION AS TO RACE, CREED, COLOR, 50 NATIONAL ORIGIN, SEX, AGE OR DISABILITY OR MARITAL STATUS. THE TERM 51 "DISABILITY" IS LIMITED TO PHYSICAL, MENTAL OR MEDICAL CONDITIONS WHICH 52 ARE UNRELATED TO THE APPRENTICE'S ABILITY TO PERFORM THE DUTIES OF THE 53 APPRENTICEABLE OCCUPATION. 54 6. A STATEMENT OF THE PROGRESSIVELY INCREASING SCALE OF WAGES TO BE 55 PAID THE APPRENTICE. A. 104 6 1 7. PROVISION THAT THE SERVICES OF THE COMMISSIONER MAY BE UTILIZED 2 FOR CONSULTATION REGARDING THE SETTLEMENT OF DIFFERENCES ARISING OUT OF 3 THE APPRENTICESHIP AGREEMENT WHERE SUCH DIFFERENCES CANNOT BE ADJUSTED 4 LOCALLY OR IN ACCORDANCE WITH THE ESTABLISHED TRADE PROCEDURE. 5 8. PROVISION THAT IF A SPONSOR, WHO IS AN EMPLOYER OR EMPLOYER GROUP, 6 IS UNABLE TO FULFILL HIS OR HER OBLIGATION UNDER THE APPRENTICESHIP 7 AGREEMENT HE OR SHE MAY TRANSFER SUCH OBLIGATION TO ANOTHER EMPLOYER OR 8 EMPLOYER GROUP. 9 9. SUCH ADDITIONAL STANDARDS AS MAY BE PRESCRIBED IN ACCORDANCE WITH 10 THE PROVISIONS OF THIS ARTICLE. 11 S 815. RELATED AND SUPPLEMENTAL INSTRUCTION. RELATED AND SUPPLEMENTAL 12 INSTRUCTION FOR APPRENTICES, COORDINATION OF INSTRUCTION WITH JOB EXPE- 13 RIENCE, AND THE SELECTION OF TEACHERS AND COORDINATORS FOR SUCH INSTRUC- 14 TION SHALL BE THE RESPONSIBILITY OF STATE AND LOCAL BOARDS RESPONSIBLE 15 FOR VOCATIONAL EDUCATION. WHERE A JOINT APPRENTICESHIP COMMITTEE IS THE 16 SPONSOR, SUCH COMMITTEE SHALL BE RESPONSIBLE FOR THE SELECTION OF TEACH- 17 ERS AND COORDINATION OF SUCH INSTRUCTION. 18 THE STATE EDUCATION DEPARTMENT SHALL BE RESPONSIBLE FOR AND SHALL 19 PROVIDE RELATED INSTRUCTION AS REQUIRED BY APPRENTICESHIP PROGRAMS SET 20 UP UNDER THIS ARTICLE, EXCEPT THAT RELATED INSTRUCTION MAY BE PROVIDED 21 BY A SPONSOR UNDER A PROGRAM APPROVED BY THE STATE EDUCATION DEPART- 22 MENT. 23 S 816. POWERS AND DUTIES OF THE COMMISSIONER. THE COMMISSIONER SHALL 24 HAVE THE FOLLOWING POWERS AND DUTIES: 25 1. TO ENCOURAGE AND PROMOTE APPRENTICESHIP PROGRAMS AND THE MAKING OF 26 AGREEMENTS CONFORMING TO THE STANDARDS ESTABLISHED BY THIS ARTICLE; 27 2. TO ESTABLISH SUCH ADDITIONAL STANDARDS FOR APPRENTICESHIP PROGRAMS 28 AND AGREEMENTS AS HE OR SHE FINDS NECESSARY TO EFFECTUATE THE PURPOSES 29 OF THIS ARTICLE; 30 3. TO SUPERVISE APPRENTICESHIP PROGRAMS AND MAINTENANCE OF STANDARDS; 31 4. TO REGISTER APPROVED APPRENTICESHIP PROGRAMS AND AGREEMENTS, AND TO 32 ISSUE CERTIFICATES OF COMPLETION OF APPRENTICESHIP; 33 5. AFTER CONSULTATION WITH THE APPRENTICESHIP AND TRAINING COUNCIL, TO 34 GRANT SUCH VARIANCES FROM ANY PROVISION OF THIS ARTICLE AS HE OR SHE MAY 35 FIND NECESSARY AND PROPER IF THE SPIRIT OF THE PROVISION IS PRESERVED, 36 PROVIDED, HOWEVER, THAT IF THE VARIANCE RELATES TO THE STANDARD IN 37 SECTION EIGHT HUNDRED FOURTEEN OF THIS ARTICLE THAT THE APPRENTICE SPEND 38 AT LEAST ONE HUNDRED FORTY-FOUR HOURS A YEAR IN RELATED AND SUPPLEMENTAL 39 INSTRUCTION, THE COMMISSIONER MAY GRANT SUCH VARIANCE WITH THE APPROVAL 40 OF THE COMMISSIONER OF EDUCATION; 41 6. ON HIS OR HER OWN INITIATIVE OR UPON RECEIVING A VERIFIED COMPLAINT 42 IN WRITING OF ANY PERSON, FIRM, CORPORATION OR LABOR ORGANIZATION, TO 43 CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE WHETHER AN APPRENTICESHIP 44 PROGRAM SHOULD BE DEREGISTERED; 45 7. TO TERMINATE OR CANCEL ANY APPRENTICESHIP PROGRAM OR AGREEMENT AND 46 TO DEREGISTER AN APPRENTICESHIP PROGRAM; 47 8. TO ENCOURAGE AND PROMOTE THE HIRING AS APPRENTICES BY ANY TRADE OR 48 GROUP OF TRADES OF PERSONS WHO ARE ON PAROLE, IN ORDER TO AID IN THE 49 REHABILITATION OF SUCH PERSONS; 50 9. TO STUDY AND DISSEMINATE INFORMATION ON APPRENTICESHIP TRAINING, 51 TRENDS OF EMPLOYMENT OPPORTUNITIES IN VARIOUS TRADES, THE IMPACT OF 52 TECHNOLOGICAL CHANGE ON SKILL LEVELS AND REQUIREMENTS, THE SUPPLY OF AND 53 NEED FOR SKILLED MANPOWER, AND RELATED MATTERS; 54 10. TO COOPERATE WITH FEDERAL, STATE, LOCAL GOVERNMENTAL AND PRIVATE 55 AGENCIES HAVING AN INTEREST IN APPRENTICESHIP PROGRAMS; A. 104 7 1 11. TO ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE 2 EFFECTIVE ADMINISTRATION OF THE PURPOSES AND PROVISIONS OF THIS ARTICLE; 3 12. TO PERFORM SUCH OTHER DUTIES AS MAY BE NECESSARY TO GIVE FULL 4 EFFECT TO THE PROVISIONS OF THIS ARTICLE. 5 S 817. STATE APPRENTICESHIP AND TRAINING COUNCIL. 1. THE GOVERNOR 6 SHALL APPOINT A STATE APPRENTICESHIP AND TRAINING COUNCIL, COMPOSED OF 7 SEVEN REPRESENTATIVES EACH FROM EMPLOYER AND EMPLOYEE ORGANIZATIONS 8 RESPECTIVELY AND ONE REPRESENTATIVE OF THE GENERAL PUBLIC, WHO SHALL BE 9 THE CHAIRMAN. THE COUNCIL BY MAJORITY VOTE MAY DESIGNATE ONE OF ITS 10 MEMBERS AS VICE-CHAIRMAN TO ACT IN THE ABSENCE OR INABILITY OF THE 11 CHAIRMAN FOR ALL PURPOSES EXCEPT THAT SET FORTH IN PARAGRAPH (D) OF 12 SUBDIVISION TWO OF THIS SECTION. EACH MEMBER SHALL BE APPOINTED FOR A 13 TERM OF THREE YEARS AND SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR IS 14 APPOINTED AND HAS QUALIFIED. ANY VACANCY SHALL BE FILLED BY APPOINTMENT 15 FOR THE UNEXPIRED PORTION OF THE TERM. THE PRESENT MEMBERS OF THE COUN- 16 CIL SHALL CONTINUE TO HOLD OFFICE UNTIL THE EXPIRATION OF THEIR PRESENT 17 TERMS OR THEIR EARLIER TERMINATIONS BY RESIGNATION OR INABILITY TO ACT. 18 THE COMMISSIONER AND THE COMMISSIONERS OF EDUCATION AND ECONOMIC DEVEL- 19 OPMENT SHALL BE EX OFFICIO MEMBERS OF SUCH COUNCIL WITHOUT VOTE. WHEN 20 ENGAGED UPON THE WORK OF THE COUNCIL THE MEMBERS SHALL RECEIVE THE PER 21 DIEM ALLOWANCE APPROPRIATED THEREFOR, AND SHALL BE REIMBURSED FOR TRANS- 22 PORTATION AND OTHER EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE 23 PERFORMANCE OF THEIR DUTIES. TO COORDINATE THE ACTIVITIES OF THE COUN- 24 CIL, THE COMMISSIONER SHALL APPOINT AN EXECUTIVE SECRETARY OF THE COUN- 25 CIL WHO SHALL RECEIVE AN ANNUAL COMPENSATION FIXED BY THE COMMISSIONER 26 WITHIN THE AMOUNT APPROPRIATED THEREFOR. 27 2. THE COUNCIL (A) SHALL ADVISE THE COMMISSIONER ON APPRENTICE TRAIN- 28 ING MATTERS, INCLUDING THE MATTER OF RELATED AND SUPPLEMENTAL INSTRUC- 29 TION; (B) SHALL MAINTAIN A CLOSE AND EFFECTIVE LIAISON WITH GOVERNMENTAL 30 AND NONGOVERNMENTAL AGENCIES WHICH ARE CONCERNED WITH SKILLED MANPOWER 31 DEVELOPMENT AND PROBLEMS; (C) MAY RECOMMEND RESEARCH PROJECTS ON FACTS 32 AND TRENDS RELATING TO APPRENTICESHIP TRAINING AND THE SUPPLY OF AND 33 NEED FOR SKILLED MANPOWER; AND (D) SHALL ACT AS A HEARING PANEL IN 34 DENIAL OF REGISTRATION OR DEREGISTRATION PROCEEDINGS AS PROVIDED IN THIS 35 ARTICLE. 36 3. THE COMMISSIONER SHALL CONSULT WITH THE COUNCIL BEFORE PROMULGATING 37 A RULE OR REGULATION TO EFFECTUATE THE PURPOSES OF THIS ARTICLE AND IN 38 THE PREPARATION OF PROPOSED AMENDMENTS OF THIS ARTICLE. 39 S 818. DEREGISTRATION PROCEEDINGS. 1. GROUNDS FOR DEREGISTRATION. THE 40 COMMISSIONER MAY DEREGISTER AN APPRENTICESHIP TRAINING PROGRAM IF THE 41 COMMISSIONER FINDS THAT THE SPONSOR, OR ANY PARTICIPANT HAS: 42 (A) VIOLATED A FEDERAL OR STATE LAW; 43 (B) SUBVERTED THE PROGRAM INTENT BY HIRING WORKERS AS HELPERS, SHOP 44 BOYS OR OTHER TITLES AND ASSIGNING TO THEM WORK GENERALLY PERFORMED BY 45 APPRENTICES; 46 (C) NOT CONDUCTED, OPERATED, AND ADMINISTERED THE PROGRAM IN ACCORD- 47 ANCE WITH THIS ARTICLE, EXCEPT THAT DEREGISTRATION PROCEEDINGS FOR 48 VIOLATION OF EQUAL OPPORTUNITY REQUIREMENTS SHALL BE PROCESSED IN 49 ACCORDANCE WITH THE PROVISIONS OF PART SIX HUNDRED OF TITLE TWELVE OF 50 THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF 51 NEW YORK; 52 (D) MADE A FALSE OR MISLEADING STATEMENT IN CONNECTION WITH THE 53 REGISTRATION OF THE PROGRAM; OR 54 (E) IS NOT A PERSON OF GOOD CHARACTER AND RESPONSIBILITY. 55 2. PROCEDURE. (A) WHERE IT APPEARS THAT SUFFICIENT CAUSE EXISTS FOR 56 DEREGISTRATION, THE COMMISSIONER SHALL SEND A NOTICE TO THE SPONSOR BY A. 104 8 1 REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, STATING THE 2 GROUND OR GROUNDS ON WHICH IT IS PROPOSED TO DEREGISTER THE PROGRAM AND 3 THAT THE PROGRAM WILL BE DEREGISTERED UNLESS, WITHIN TEN CALENDAR DAYS 4 OF THE RECEIPT OF THE NOTICE, THE SPONSOR FILES WITH THE COMMISSIONER A 5 WRITTEN REQUEST FOR A HEARING. 6 (B) IF THE SPONSOR REQUESTS A HEARING, THE COMMISSIONER SHALL CONVENE 7 A HEARING AND ISSUE HIS OR HER DETERMINATION IN ACCORDANCE WITH SUBDIVI- 8 SION THREE OF THIS SECTION. 9 (C) IN SUCH DETERMINATION, THE COMMISSIONER MAY ALLOW THE SPONSOR A 10 REASONABLE TIME TO ACHIEVE VOLUNTARY CORRECTIVE ACTION. 11 (D) IN EACH CASE IN WHICH DEREGISTRATION IS ORDERED, THE COMMISSIONER 12 SHALL PUBLISH WITHIN THIRTY DAYS IN THE STATE BULLETIN A NOTICE OF THE 13 ORDER AND SHALL NOTIFY THE SPONSOR. IN ADDITION, THE COMMISSIONER SHALL 14 WITHIN THIRTY DAYS NOTIFY ALL REGISTERED APPRENTICES OF THE DEREGISTRA- 15 TION OF THE PROGRAM, THE EFFECTIVE DATE THEREOF, AND THE EFFECT OF 16 DEREGISTRATION. 17 (E) ANY PERSON AGGRIEVED BY AN ORDER DENYING REGISTRATION OR BY AN 18 ORDER OF DEREGISTRATION MAY, WITHIN THIRTY DAYS FROM THE NOTICE OF 19 FILING OF THE ORDER IN THE COMMISSIONER'S OFFICE, REVIEW THE ORDER IN A 20 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND 21 RULES. 22 (F) ANY APPRENTICESHIP PROGRAM DEREGISTERED MAY NOT BE REGISTERED FOR 23 A PERIOD OF THREE YEARS, NOR SHALL THE SPONSOR OR ANY EMPLOYER OR UNION 24 PARTICIPANT BE ELIGIBLE TO REGISTER OR PARTICIPATE IN ANY OTHER PROGRAM 25 FOR SUCH PERIOD. IF THE SPONSOR OR ANY PARTICIPANT IS A CORPORATION THE 26 OFFICERS AND STOCKHOLDERS OF THE CORPORATION MAY NOT REGISTER A PROGRAM 27 UNDER ANOTHER CORPORATE NAME FOR SUCH PERIOD. 28 3. HEARINGS. UPON RECEIPT OF A REQUEST FOR A HEARING, THE COMMISSIONER 29 SHALL REQUEST THE CHAIRMAN OF THE STATE APPRENTICESHIP AND TRAINING 30 COUNCIL TO DESIGNATE A PANEL FROM THE MEMBERS OF SUCH COUNCIL TO CONDUCT 31 SUCH HEARING. THE PANEL SHALL BE COMPOSED OF AN EQUAL NUMBER OF REPRE- 32 SENTATIVES OF EMPLOYERS AND OF EMPLOYEE ORGANIZATIONS, AND ALSO MAY 33 INCLUDE THE CHAIRMAN. THE COMMISSIONER MAY, AT THE REQUEST OF THE CHAIR- 34 MAN, DESIGNATE AN ATTORNEY OF THE DEPARTMENT OF LABOR TO PRESIDE AT THE 35 HEARING, BUT SUCH ATTORNEY SHALL NOT PARTICIPATE IN THE MAKING OF THE 36 REPORT AND RECOMMENDATIONS OF THE PANEL. REASONABLE NOTICE OF THE HEAR- 37 ING SHALL BE GIVEN BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT 38 REQUESTED, TO THE APPROPRIATE SPONSOR AND THE COMPLAINANT, IF ANY. SUCH 39 NOTICE SHALL INCLUDE A REASONABLE TIME AND PLACE OF HEARING, A STATEMENT 40 OF THE PROVISIONS OF THIS ARTICLE PURSUANT TO WHICH THE HEARING IS TO BE 41 HELD, AND A CONCISE STATEMENT OF THE MATTERS PURSUANT TO WHICH THE 42 ACTION FORMING THE BASIS OF THE HEARING IS PROPOSED TO BE TAKEN. 43 HEARINGS SHALL BE CONDUCTED INFORMALLY AND A RECORD MADE OF THE SWORN 44 TESTIMONY. THE COMPLAINANT, AND EVERY PARTY TO THE PROCEEDING SHALL HAVE 45 THE RIGHT TO COUNSEL AND A FULL OPPORTUNITY TO BE HEARD, INCLUDING SUCH 46 CROSS-EXAMINATION AS MAY BE APPROPRIATE IN THE CIRCUMSTANCES. THE HEAR- 47 ING PANEL SHALL, ON THE BASIS OF THE RECORD MADE IN THE PROCEEDING, 48 SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE COMMISSIONER, WHO SHALL 49 ISSUE HIS OR HER DETERMINATION WITHIN THIRTY DAYS AFTER RECEIPT OF THE 50 HEARING PANEL'S REPORT. 51 S 819. COMPLAINTS. 1. ANY PERSON, FIRM, CORPORATION OR LABOR ORGANIZA- 52 TION MAY FILE A COMPLAINT ALLEGING THAT A REGISTERED APPRENTICESHIP 53 PROGRAM IS NOT OPERATING IN ACCORDANCE WITH THIS ARTICLE OR A REGULATION 54 ISSUED THEREUNDER, OR WITH THE EQUAL EMPLOYMENT OPPORTUNITY REGULATION, 55 OR WITH THE APPRENTICESHIP AGREEMENT. THE COMMISSIONER SHALL INVESTIGATE A. 104 9 1 SUCH COMPLAINT, AND SHALL RESOLVE IT IN ACCORDANCE WITH THE PROVISIONS 2 OF THIS ARTICLE. 3 2. ANY COMPLAINT CONCERNING DISCRIMINATION OR OTHER EQUAL OPPORTUNITY 4 MATTER SHALL BE SUBMITTED, PROCESSED, AND RESOLVED IN ACCORDANCE WITH 5 THE APPLICABLE RULES AND REGULATIONS OF THE COMMISSIONER. 6 3. EXCEPT FOR MATTERS COVERED UNDER SUBDIVISION TWO OF THIS SECTION, 7 ANY CONTROVERSY OR DIFFERENCE ARISING UNDER AN APPRENTICESHIP AGREEMENT 8 WHICH CANNOT BE ADJUSTED LOCALLY, AND THE APPRENTICE IS NOT COVERED BY A 9 COLLECTIVE BARGAINING AGREEMENT, MAY BE SUBMITTED BY AN APPRENTICE, OR 10 HIS OR HER AUTHORIZED REPRESENTATIVE, TO THE COMMISSIONER FOR REVIEW. 11 MATTERS COVERED BY A COLLECTIVE BARGAINING AGREEMENT, HOWEVER, SHALL BE 12 SUBMITTED AND PROCESSED IN ACCORDANCE WITH THE PROCEDURES THEREIN 13 PROVIDED, AND ONCE SO SUBMITTED, MAY NOT BE SUBMITTED TO THE COMMISSION- 14 ER AS A COMPLAINT. 15 4. A COMPLAINT MUST BE IN WRITING AND SIGNED BY THE COMPLAINANT, OR 16 HIS OR HER AUTHORIZED REPRESENTATIVE. IT SHALL SET FORTH THE SPECIFIC 17 MATTERS COMPLAINED OF, TOGETHER WITH ALL RELEVANT FACTS AND CIRCUM- 18 STANCES. COPIES OF ALL PERTINENT DOCUMENTS AND CORRESPONDENCE SHALL 19 ACCOMPANY THE COMPLAINT. 20 5. THE COMMISSIONER SHALL RENDER A DETERMINATION WITHIN NINETY DAYS 21 AFTER RECEIPT OF A COMPLAINT UNDER SUBDIVISION THREE OF THIS SECTION, 22 BASED UPON SUCH INVESTIGATION OF THE MATTERS SUBMITTED AS HE OR SHE MAY 23 FIND NECESSARY. DURING SUCH NINETY-DAY PERIOD THE COMMISSIONER SHALL 24 MAKE REASONABLE EFFORTS TO EFFECT A SATISFACTORY RESOLUTION BETWEEN THE 25 PARTIES INVOLVED. IF SO RESOLVED, THE PARTIES SHALL BE NOTIFIED THAT THE 26 CASE IS CLOSED. IF THE COMMISSIONER DETERMINES THAT THE COMPLAINT IS 27 UNJUSTIFIED, HE OR SHE SHALL DISMISS SAID COMPLAINT. IF THE COMMISSIONER 28 DETERMINES THAT SUFFICIENT CAUSE EXISTS FOR DEREGISTRATION HE OR SHE 29 SHALL PROCEED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. WHERE A 30 DETERMINATION IS RENDERED, COPIES SHALL BE SENT TO ALL INTERESTED 31 PARTIES. 32 6. NOTHING IN THIS SECTION SHALL OPERATE TO PROHIBIT AN APPRENTICE 33 FROM ELECTING TO INSTITUTE APPROPRIATE COURT PROCEEDINGS. 34 S 819-A. RECORDS AND REPORTS. EACH SPONSOR SHALL KEEP ADEQUATE RECORDS 35 RELATIVE TO ALL PHASES OF THE OPERATION OF THE APPRENTICESHIP PROGRAM, 36 INCLUDING BUT NOT LIMITED TO JOB ASSIGNMENTS, PROMOTION, DEMOTION, LAY- 37 OFF OR TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION OR 38 CONDITIONS OF WORK, PAYROLL RECORDS, PROGRESS RECORDS OF THE APPRENTICE, 39 AND ANY OTHER RECORDS PERTINENT TO A DETERMINATION OF COMPLIANCE WITH 40 THIS ARTICLE IN SUCH MANNER AND FORM AS MAY BE REQUIRED BY THE COMMIS- 41 SIONER. 42 IN ADDITION TO INFORMATION PROVIDED DURING REGULAR DEPARTMENT FIELD 43 INSPECTIONS EACH SPONSOR, AND EACH APPRENTICE SHALL PROMPTLY SUBMIT SUCH 44 REPORTS TO THE DEPARTMENT AS THE COMMISSIONER IN HIS OR HER DISCRETION 45 SHALL REQUIRE. SUCH REPORTS SHALL BE MADE ON FORMS PRESCRIBED BY THE 46 COMMISSIONER. 47 S 819-B. APPRENTICESHIP ASSISTANCE IN ALL POLITICAL SUBDIVISIONS OF 48 THE STATE. ANY POLITICAL SUBDIVISION OF THE STATE MAY PROVIDE FINANCIAL 49 ASSISTANCE, WITHIN THE AMOUNTS APPROPRIATED THEREFOR, FOR THE PURPOSE OF 50 PROMOTING NONPROFIT PROGRAMS WITHIN SUCH POLITICAL SUBDIVISION TO TRAIN 51 PERSONS IN THOSE SKILLS NEEDED BY THE POLITICAL SUBDIVISION AS AN 52 EMPLOYER, ADMINISTERED BY AGENCIES REPRESENTING MUNICIPAL EMPLOYEES IN A 53 PARTICULAR TITLE OR CLASSIFICATION OR OTHER PHASES OF EMPLOYMENT; 54 PROVIDED SUCH PROGRAMS ARE APPROVED BY THE DEPARTMENT OF EDUCATION AS TO 55 CURRICULUM, INSTRUCTORS AND SCOPE, AND FURTHER PROVIDED THAT SUCH 56 PROGRAMS ARE REGISTERED AND APPROVED AS PROVIDED IN THIS ARTICLE. A. 104 10 1 S 819-C. SEPARABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLI- 2 CATION THEREOF TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID, THE 3 REMAINDER OF THIS ARTICLE, AND THE APPLICATION OF SUCH PROVISION TO 4 OTHER PERSONS AND CIRCUMSTANCES, SHALL NOT BE AFFECTED THEREBY. 5 S 2. The state finance law is amended by adding a new section 139-l to 6 read as follows: 7 S 139-L. OBLIGATION TO HAVE A REGISTERED APPRENTICESHIP PROGRAM. 1. A 8 CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS HEREAFTER 9 MADE OR AWARDED BY THE STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFI- 10 CIAL THEREOF, OR ANY COUNTY, CITY, TOWN, VILLAGE, PUBLIC BENEFIT CORPO- 11 RATION, PUBLIC AUTHORITY, INDUSTRIAL DEVELOPMENT AGENCY OR ANY SUBSID- 12 IARY THEREOF, FOR WORK OR SERVICES PERFORMED, OR TO BE PERFORMED, 13 PURSUANT TO WHICH ANY CONTRACTOR OR SUBCONTRACTOR INCLUDING ANY CONTRACT 14 COVERED BY SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, TO WHOM ANY 15 CONTRACT SHALL BE LET, GRANTED OR AWARDED, AGREES, AS A MATERIAL CONDI- 16 TION OF THE CONTRACT, THAT SUCH CONTRACTOR HAS AND WILL MAINTAIN A 17 REGISTERED APPRENTICESHIP PROGRAM PURSUANT TO THE PROVISIONS OF ARTICLE 18 TWENTY-THREE OF THE LABOR LAW. 19 2. NOTHING CONTAINED IN THIS SECTION SHALL OPERATE TO IMPAIR ANY 20 EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF 21 SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION 22 SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION. 23 S 3. This act shall take effect on the sixtieth day after it shall 24 have become a law.