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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, RAFFERTY, D. WHITE, WAUGH, PICCOLA, BROWNE AND WASHINGTON, SEPTEMBER 20, 2011 |
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| REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 20, 2011 |
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| AN ACT |
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1 | Establishing the State Apprenticeship and Training Commission; |
2 | transferring functions of the State Apprenticeship and |
3 | Training Council; providing for an Executive Director of |
4 | Apprenticeship and Training and for subjects of transfer; and |
5 | making repeals. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the State |
10 | Apprenticeship and Training Commission Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Advisory council." The State Apprenticeship Advisory |
16 | Council. |
17 | "Commission." The State Apprenticeship and Training |
18 | Commission. |
19 | "Executive director." The Executive Director of |
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1 | Apprenticeship and Training and the Administrator of the State |
2 | Apprenticeship and Training Commission. |
3 | "Subjects of transfer." Powers, duties, personnel, |
4 | appropriations, allocations, documents, files, records, |
5 | contracts, agreements, equipment, materials, orders and rights |
6 | and obligations utilized or accruing in connection with |
7 | functions transferred from one entity to another under this act. |
8 | Section 3. State Apprenticeship and Training Commission. |
9 | (a) Establishment.--The State Apprenticeship and Training |
10 | Commission is established and shall be fully implemented and |
11 | operational one year from the effective date of this section. |
12 | (b) Transferred powers and duties.--The following functions |
13 | of the State Apprenticeship and Training Council are transferred |
14 | to the commission: |
15 | (1) Overseeing apprenticeship and training programs in |
16 | this Commonwealth. |
17 | (2) Establishing standards for apprenticeship in |
18 | conformity with the provisions of this act and applicable |
19 | statutes and regulations of the Federal Government, including |
20 | a description of the standards, criteria and requirements for |
21 | apprenticeship program registration or approval. |
22 | (3) Where deemed appropriate, according reciprocal |
23 | approval for Federal purposes to apprentices, apprenticeship |
24 | programs and standards that are registered in other states by |
25 | the Federal Office of Apprenticeship or a federally approved |
26 | state registration agency if reciprocity is requested by the |
27 | apprenticeship program sponsor, provided that the state's |
28 | registration agency grants reciprocity to Pennsylvania |
29 | programs. |
30 | (4) Providing for the cancellation or deregistration of |
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1 | programs and for temporary suspension, cancellation or |
2 | deregistration of apprenticeship agreements. |
3 | (5) Establishing policies, procedures and plans that |
4 | demonstrate how the State's economic development strategies |
5 | and public work force investment system integrate registered |
6 | apprenticeship as a critical work-based learning, |
7 | postsecondary education, training and employment option |
8 | available through the One-Stop Career Center System. |
9 | (6) Establishing a State plan for equal employment |
10 | opportunity in apprenticeship, incorporating policies and |
11 | procedures to promote equality of opportunity in |
12 | apprenticeship programs. |
13 | (7) Establishing apprentice-to-journeyperson ratios that |
14 | are uniform and indiscriminate between joint and nonjoint |
15 | programs. In no instance shall the ratio be stricter than two |
16 | apprentices to one journeyperson. |
17 | (8) Acting as and allocating sufficient staff and budget |
18 | to carry out the functions of a State registration agency, |
19 | including outreach and education, registration of programs |
20 | and apprentices, provision of technical assistance and |
21 | monitoring. |
22 | (9) Establishing a unique civil service classification |
23 | encompassing all the powers and duties enumerated in this |
24 | section for the purpose of staffing the commission's |
25 | professional level positions. |
26 | (10) Serving as a single point of contact for the United |
27 | States Department of Labor with respect to the National |
28 | Apprenticeship System. |
29 | (11) Maintaining close liaison and serving as the single |
30 | point of contact for apprenticeship and training for all |
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1 | agencies that carry on work force development programs, work- |
2 | based learning and other activities closely related to the |
3 | purpose of this act. |
4 | (12) Conducting studies, surveys and investigations of |
5 | the special problems or the training of unemployed or |
6 | employed persons in order to improve or modernize work skills |
7 | and making recommendations to the cooperating entities |
8 | represented on the advisory council, local community |
9 | organizations and local school boards, among others. |
10 | (13) Acting as a convening agency in local communities |
11 | to bring together local representatives of employers, |
12 | employees, educational agencies and industrial development |
13 | entities in order to promote closer local cooperation in |
14 | establishing better apprenticeship, work-based learning and |
15 | other occupational training programs, including programs for |
16 | employed persons who wish to improve and modernize their work |
17 | skills. |
18 | (14) Using all appropriate mediums of information and |
19 | education to acquaint employers, employees and the public at |
20 | large with the advantages of apprenticeship and other work- |
21 | based learning and occupational training programs. |
22 | (15) Studying the effectiveness of apprenticeship |
23 | agreements and making recommendations for their improvement. |
24 | (16) Report to the General Assembly on or before |
25 | February 15 of each year, indicating: |
26 | (i) the extent of apprenticeship and other |
27 | occupational programs during the previous year; |
28 | (ii) trends in employment requiring adjustments in |
29 | apprenticeship training, work-based learning and other |
30 | occupational training programs; |
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1 | (iii) the need for expansion of apprenticeship, |
2 | work-based learning and other occupational training |
3 | programs; and |
4 | (iv) activities of the commission and such |
5 | recommendations as are in accord with the purposes of |
6 | this act. |
7 | (17) Serving as the recognized State apprenticeship |
8 | registration entity and register apprenticeship programs and |
9 | apprentices and provide technical assistance and conduct |
10 | reviews for compliance and quality assurance assessments. |
11 | (18) Performing such other duties as may be necessary to |
12 | give full effect to the provisions of this act. |
13 | Section 4. Executive Director of Apprenticeship and Training. |
14 | The Governor shall appoint an Executive Director of |
15 | Apprenticeship and Training who shall be confirmed by the Senate |
16 | and responsible to the General Assembly in carrying out the |
17 | provisions of this act. The commission shall appoint, hire and |
18 | otherwise make available to the executive director the clerical, |
19 | technical and professional services necessary to the performance |
20 | of the executive director's duties, including, but not limited |
21 | to, appointments to the advisory council. |
22 | Section 5. Powers and duties of executive director. |
23 | The executive director shall carry out the purposes of this |
24 | act and shall have the following powers and duties: |
25 | (1) Oversight of the advisory council. |
26 | (2) Encouragement and promotion of the standards |
27 | established in accordance with this act and with the basic |
28 | standards of the Federal Committee on Registered |
29 | Apprenticeship. |
30 | (3) Settlement of differences arising out of |
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1 | apprenticeship agreements. |
2 | (4) Supervision of the execution of apprenticeship |
3 | agreements and maintenance of standards. |
4 | (5) Registration of such apprenticeship agreements as |
5 | the commission shall authorize as conforming to the |
6 | established standards. |
7 | (6) Participation in and utilizing the Federal |
8 | Registered Apprenticeship Information System Database. |
9 | (7) Establishment and maintenance of Statewide database |
10 | for the purpose of keeping a record of the following: |
11 | (i) Apprenticeship agreements. |
12 | (ii) Statistics and demographics about apprentices |
13 | and programs. |
14 | (iii) Issuance of interim, competence and completion |
15 | certificates. |
16 | (iv) Transfers. |
17 | (v) Program sponsors. |
18 | (8) Execution of the actions of the commission in all of |
19 | its powers and duties under section 3. |
20 | (9) Encouragement of liaison and cooperation among all |
21 | Federal, State and other public and private agencies |
22 | concerned with apprenticeship work-based learning and |
23 | occupational training in industries that have not |
24 | traditionally used the registered apprenticeship model as a |
25 | viable option for work force development and work force |
26 | education. |
27 | (10) Promotion of employer, employee, student, parent |
28 | and public awareness of apprenticeship, the apprenticeship |
29 | model, work-based learning and other occupational training. |
30 | (11) Expanding apprenticeship opportunities for workers |
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1 | in industries that have not traditionally used the registered |
2 | apprenticeship model, including, but not limited to, new and |
3 | emerging occupations and high-technology and green |
4 | industries. |
5 | Section 6. State Apprenticeship Advisory Council. |
6 | (a) Composition.--The advisory council shall be comprised |
7 | of: |
8 | (1) Four representatives of employees, two of whom shall |
9 | represent industries other than construction trade |
10 | industries. Collective bargaining units and open-shop |
11 | employees shall be equally represented. |
12 | (2) Four representatives of employers, two of whom shall |
13 | represent industries other than construction trades |
14 | industries. Collective bargaining units and open-shop |
15 | employees shall be equally represented. |
16 | (3) Two representatives of community colleges. |
17 | (4) One representative of the general public. |
18 | (5) The Deputy Secretary for Workforce Development in |
19 | the Department of Labor and Industry. |
20 | (6) The Executive Director of the Pennsylvania Workforce |
21 | Investment Board. |
22 | (7) One work force development representative from each |
23 | of the following: Department of Aging, Department of |
24 | Education, Department of Community and Economic Development, |
25 | Department of Public Welfare, Department of Military and |
26 | Veterans Affairs and the Pennsylvania Council of Chief |
27 | Juvenile Probation Officers. |
28 | (b) Term of membership.-- |
29 | (1) Employer, employee and public members shall be |
30 | appointed by the Governor with the advice and consent of the |
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1 | Senate. Members shall be citizens of the United States and |
2 | residents of this Commonwealth. |
3 | (2) Members shall serve a term of four years or until a |
4 | successor has been appointed and qualified, but in no event |
5 | longer than six months beyond the four-year period. |
6 | (3) In the event that a member dies or resigns or is |
7 | otherwise disqualified during the term of office, a successor |
8 | shall be appointed in the same way and with the same |
9 | qualifications and shall hold office for the remainder of the |
10 | unexpired term. |
11 | (4) An employer, employee or public member shall not be |
12 | eligible to hold more than two consecutive terms. |
13 | (c) Appointments.--For employer, employee and public members |
14 | initially appointed to the board pursuant to this act, the term |
15 | of office shall be as follows: |
16 | (1) Five members shall serve for a term of four years. |
17 | (2) Two members shall serve for a term of three years. |
18 | (3) Two members shall serve for a term of two years. |
19 | (d) Officers.--The advisory council shall organize |
20 | immediately upon appointment and annually thereafter by the |
21 | election of one of its members as chairman, one as vice chairman |
22 | and one as recording secretary. |
23 | (e) Meetings.--The advisory council shall conduct meetings |
24 | quarterly unless otherwise scheduled by the executive director. |
25 | (f) Expenses.--Each member of the advisory advisory council |
26 | shall receive actual traveling expenses and per diem at the rate |
27 | of $25 each day for time spent attending advisory council |
28 | meetings. |
29 | (g) Status.--The advisory council shall be ineligible for |
30 | recognition as the State's registration entity and shall provide |
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1 | recommended advice and guidance to the commission on the |
2 | operation of the State's apprenticeship system. The advisory |
3 | council operates at the direction and discretion of the |
4 | commission. |
5 | Section 7. Limitation. |
6 | This act shall apply only to persons, partnerships, |
7 | associations, corporations, political subdivisions, employer |
8 | associations or organizations or associations of employees that |
9 | voluntarily elect to conform with the provisions of this act. |
10 | Section 8. Subjects of transfer. |
11 | (a) General rule.--The subjects of transfer from the council |
12 | are transferred to the commission with the same force and effect |
13 | as if those subjects of transfer had originally belonged or had |
14 | been incurred or entered into by the commission. |
15 | (b) Employees.--The transfer made under this act shall not |
16 | affect the civil service status of affected employees of the |
17 | council with the exception that employees without civil service |
18 | status shall, if qualified, be granted civil service status in |
19 | their classifications. |
20 | Section 9. Repeals. |
21 | (a) Intent.--The General Assembly declares that the repeal |
22 | under subsection (b) is necessary to effectuate the purposes of |
23 | this act. |
24 | (b) Absolute.--The act of July 14, 1961 (P.L.604 No.304), |
25 | known as The Apprenticeship and Training Act, is repealed. |
26 | (c) General.--All acts or parts of acts are repealed insofar |
27 | as they are inconsistent with this act. |
28 | Section 20. Effective date. |
29 | This act shall take effect in 60 days. |
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