Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       S3/27/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 425
 4
 By: Senator J. English
 6
                                   For An Act To Be Entitled
                 AN ACT TO ESTABLISH THE ARKANSAS STATE APPRENTICESHIP
                 AGENCY ACT; TO ESTABLISH THE ARKANSAS STATE
                 APPRENTICESHIP AGENCY; TO ESTABLISH THE ARKANSAS
                 APPRENTICESHIP COUNCIL; AND FOR OTHER PURPOSES.
12
13
                                               Subtitle
                          TO ESTABLISH THE ARKANSAS STATE
                          APPRENTICESHIP AGENCY ACT; TO ESTABLISH
                          THE ARKANSAS STATE APPRENTICESHIP AGENCY;
                          AND TO ESTABLISH THE ARKANSAS
                          APPRENTICESHIP COUNCIL.
20
21
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
         SECTION 1.        Arkansas Code § 6-50-503(c)(2), concerning the
 responsibility for the selection of industries and occupations related to
 work-based training programs,            is amended to read as follows:
                 (2)      The division, the Arkansas Apprenticeship Coordination
 Steering Committee, the Office of Skills Development, and local sites shall
 take joint responsibility for identifying the industries and occupations
 selected in subdivision (c)(1) of this section.
31
         SECTION 2.        Arkansas Code Title 6, Chapter 52, Subchapter 2, is
 repealed.
                       Subchapter 2 — Apprenticeship Training Programs
35
         6-52-201.        Definitions.
     *CRH171*                                                                    03-27-2023 09:41:57 CRH171
     As Engrossed:    S3/27/23                                                      SB425
      In this subchapter:
      (1)   “Apprenticeship training program” means a training program that
 provides on-the-job training, supplementary instruction, or related
 instruction in a trade or occupation that has been certified as an
 apprenticeable occupation by the United States Office of Apprenticeship;
            (2)(A)     “Pre-apprenticeship” means programs that provide
 instruction or training to increase math, literacy, and other vocational and
 prevocational skills needed to enter a registered apprenticeship program.
                     (B)   “Pre-apprenticeship” programs are not:
                             (i)    Registered with the United States Department of
 Labor during the term of the pre-apprenticeship training; or
                             (ii)   Federally vetted, but a high-quality pre-
 apprenticeship should have a minimum of one (1) registered apprenticeship
 partner or a strong relationship with at least one (1) apprenticeship
 program, feature training and curriculum that aligns with that program, and
 include a wide range of support services designed specifically to help
 participants succeed;
            (3)    “Program sponsor” means any person, association, committee,
 business, or organization operating an apprenticeship program and in whose
 name the program is registered or is in the process of registration by the
 United States Office of Apprenticeship;
            (4)    “Related instruction” means organized off-the-job
 instruction in theoretical or technical subjects required for the completion
 of an apprenticeship program for a particular apprenticeable trade;
            (5)    “Supplementary instruction” means a course of instruction
 for persons employed as journeymen craftsmen in an apprenticeable trade that
 is designed to provide new skills or upgrade current skills; and
            (6)    “Youth apprenticeship” means a registered apprenticeship
 program that has been validated by the United States Department of Labor or a
 state apprenticeship agency serving individuals between sixteen (16) and
 twenty-four (24) years of age and is sponsored by employers, labor management
 organizations, or other organizations.
33
      6-52-202.    Applicability.
      The provisions of this subchapter apply only to those apprenticeship
 training programs which receive state funds pursuant to the provisions of §
                                              2               03-27-2023 09:41:57 CRH171
     As Engrossed:     S3/27/23                                                   SB425
 6-52-207.
 2
      6-52-203.     Rules.
      The Office of Skills Development and the Arkansas Apprenticeship
 Coordination Steering Committee shall promulgate rules necessary to implement
 the provisions of this subchapter.
 7
      6-52-204.     Arkansas Apprenticeship Coordination Steering Committee.
      (a)(1)     The Governor shall appoint an Arkansas Apprenticeship
 Coordination Steering Committee composed of members with the following
 qualifications:
                     (A)   One (1) member representing employer organizations;
                     (B)   One (1) member representing labor unions or bargaining
 agents for members of apprenticeable trades;
                     (C)   One (1) member representing the minority and female
 workforce who have knowledge of apprenticeship and are familiar with the
 needs of vocational and technical education;
                     (D)   Two (2) members who teach or immediately supervise
 supplementary instruction or related instruction courses;
                     (E)   Three (3) members representing employers who are
 actively utilizing registered apprenticeship who have knowledge of
 apprenticeship and are familiar with the needs of vocational and technical
 education;
                     (F)   One (1) member representing the Division of Career and
 Technical Education who has knowledge of apprenticeship and is familiar with
 the needs of vocational and technical education;
                     (G)   One (1) member representing a state supported two-year
 or four-year institution of higher education who has knowledge of
 apprenticeship and is familiar with the needs of vocational and technical
 education;
                     (H)   One (1) member representing the Arkansas Workforce
 Innovation and Opportunity Act, § 15-4-3701 et seq., workforce system who has
 knowledge of apprenticeship and is familiar with the needs of vocational and
 technical education; and
                     (I)   One (1) member representing the Office of Skills
 Development.
                                           3               03-27-2023 09:41:57 CRH171
     As Engrossed:           S3/27/23                                                   SB425
                   (2)    Members of the committee shall serve terms of four (4)
 years.
                   (3)    Vacancies shall be filled for the unexpired portion of a
 term vacated.
                   (4)    The Governor shall consult the Office of Skills Development
 before making an appointment under this subsection.
                   (5)    Appointments made by the Governor under this subsection
 shall be subject to confirmation by the Senate.
          (b)   Advisory members of the committee shall include the following:
                   (1)    Two (2) persons designated by the Office of Skills
 Development; and
                   (2)    One (1) person designated by and representing the United
 States Office of Apprenticeship.
14
          6-52-205.       Arkansas Apprenticeship Coordination Steering Committee —
 Duties.
          (a)   The Arkansas Apprenticeship Coordination Steering Committee shall
 recommend to the Career Education and Workforce Development Board a statewide
 plan for the development of a comprehensive program of apprenticeship
 training that shall include but not be limited to the following:
                   (1)    Formulas and administrative procedures to be used in
 requesting appropriations of state funds for apprenticeship training and
 apprenticeship expansion efforts;
                   (2)    Forms, formulas, and administrative procedures to be used in
 distributing available funds to apprenticeship training programs and
 apprenticeship expansion efforts; and
                   (3)    The content and method of the public notice required by this
 subchapter.
          (b)(1)     The Office of Skills Development shall furnish the committee
 with the current data necessary to develop the plan.
                   (2)    All state boards and agencies shall cooperate with the
 committee and shall furnish information and material on request.
          (c)   Pursuant to this section, the reporting procedures shall be
 included in the state plan for apprenticeship.
35
          6-52-206.       Recommendations.
                                                 4              03-27-2023 09:41:57 CRH171
     As Engrossed:       S3/27/23                                                  SB425
      (a)   Recommendations of the Arkansas Apprenticeship Coordination
 Steering Committee submitted to the Office of Skills Development must be
 acted on and either accepted or rejected.
      (b)   A recommendation which is rejected must be returned immediately to
 the committee, accompanied by written notice of the reasons for rejecting the
 recommendation.
 7
      6-52-207.       Training programs generally.
      (a)   Under this subchapter, the Director of the Office of Skills
 Development shall allocate state funds for the support of apprenticeship
 training programs that meet the criteria stated in this subchapter.
      (b)   An apprenticeship training program may be cosponsored by a public
 school district, an education service cooperative, a state postsecondary
 institution, a vocational-technical school, or a two-year community college
 pursuant to a contract between the district or institution and an
 apprenticeship program sponsor.
      (c)   An apprenticeship training program shall be under the direction of
 an apprenticeship coordinator appointed by an apprenticeship program sponsor
 who shall perform the duties stated in § 6-52-208.
      (d)(1)     Each apprentice participating in an apprenticeship training
 program shall be given a written apprenticeship agreement by an
 apprenticeship program sponsor stating the standards and conditions of his or
 her employment and training.
               (2)    The apprenticeship agreements are furnished by the United
 States Office of Apprenticeship.
      (e)(1)     An apprentice shall not be charged tuition or fees by a public
 school district or state postsecondary institution.
               (2)(A)     However, an administrative fee may be charged to cover
 the costs of processing the records of an apprentice.
                        (B)   The fee allowed under subdivision (e)(2)(A) of this
 section shall not exceed twenty-five dollars ($25.00) for each course in
 which the apprentice is enrolled.
               (3)    The apprentice or an apprenticeship program sponsor may be
 required to furnish books and special equipment.
      (f)(1)     Funding for an apprenticeship training program, in addition to
 any other money available, shall be based on:
                                              5               03-27-2023 09:41:57 CRH171
     As Engrossed:    S3/27/23                                                    SB425
                     (A)   Allocation of funds to an apprenticeship program
 sponsor by the Office of Skills Development, as referred to in subsection (a)
 of this section; or
                     (B)   Terms of a contract between an apprenticeship program
 sponsor and a cosponsor, as referred to in subsection (b) of this section.
            (2)     An apprenticeship program sponsor may charge an apprentice
 or the employer of the apprentice tuition and fees to cover administrative
 costs incurred while the apprentice is registered with the apprenticeship
 program sponsor.
      (g)   The terms of the contract referred to in subsection (b) of this
 section shall require without limitation the following in order to
 effectively administer the apprenticeship training program in a manner
 consistent with the public's need for skilled workers and the apprentice's
 need for marketable skills in apprenticeable occupations:
            (1)     Adequate facilities;
            (2)     Personnel; and
            (3)     Resources.
      (h)   An apprenticeship training program shall be registered with the
 United States Office of Apprenticeship and the Office of Skills Development.
20
      6-52-208.     Duties of apprenticeship program sponsors.
      (a)   The apprenticeship program sponsor of each apprenticeship training
 program shall:
            (1)     Establish standards and goals for supplementary instruction
 and related instruction for apprentices in the program;
            (2)     Establish rules governing the on-the-job training and other
 instruction for apprentices in the program;
            (3)     Plan and organize instructional materials designed to
 provide technical and theoretical knowledge and basic skills required by
 apprentices in the program;
            (4)     Recommend qualified instructors for the program;
            (5)     Monitor and evaluate the performance and progress of each
 apprentice in the program and the program as a whole; and
            (6)     Interview applicants and select those most qualified for
 entrance into the program.
      (b)   A program must provide for the keeping of records of the on-the-
                                           6               03-27-2023 09:41:57 CRH171
     As Engrossed:       S3/27/23                                                    SB425
 job training and progress of each apprentice.
      (c)   A program must require instructors to maintain recommended
 qualifications.
      (d)   A program must perform any other duties which promote the goals of
 individual apprentices and of the program as a whole.
      (e)(1)     An apprenticeship program sponsor shall provide the names of
 the employers who enroll apprentices into the program to the Office of Skills
 Development on or before September 1 of each fiscal year.
               (2)    The office shall not publish the names of the employers who
 have enrolled apprentices, nor use the employer names for a purpose other
 than program administration and research, unless approved by the employer.
               (3)    The names of employers provided by apprenticeship program
 sponsors under this subsection shall be exempt from the Freedom of
 Information Act of 1967, § 25-19-101 et seq.
15
      SECTION 3.       Arkansas Code Title 6, Chapter 52, is amended to add an
 additional subchapter to read as follows:
            Subchapter 3 — Arkansas State Apprenticeship Agency Act
19
      6-52-301.       Title.
      This subchapter shall be known and may be cited as the "Arkansas State
 Apprenticeship Agency Act".
23
      6-52-302.       Definitions.
      As used in this subchapter:
               (1)    "Apprentice" means a worker who is:
                       (A)   At least sixteen (16) years of age; and
                       (B)   Employed to learn an apprenticeable occupation or
 trade as defined in 29 C.F.R. § 29.4, as it existed on January 1, 2023;
               (2)    "Apprenticeship" means a program for the recruitment,
 selection, employment, and training of apprentices that is developed under 29
 C.F.R. §§ 29 and 30, as it existed on January 1, 2023, and the rules of the
 Arkansas State Apprenticeship Agency;
               (3)    "Apprenticeship agreement" means a written agreement between
 an apprentice and a sponsor that contains the terms and conditions of the
 apprentice's employment and training consistent with 29 C.F.R. § 29.7, as it
                                             7               03-27-2023 09:41:57 CRH171
     As Engrossed:       S3/27/23                                                      SB425
 existed on January 1, 2023, and this subchapter;
               (4)    "Cancellation" means the termination of:
                        (A)   The registration of a pre-apprenticeship or
 apprenticeship at the request of the sponsor; or
                        (B)   An apprenticeship agreement at the request of the
 apprentice;
               (5)    "Deregistration" means the termination of the registration
 of a pre-apprenticeship or apprenticeship by the Arkansas State
 Apprenticeship Agency;
               (6)    "Employer" means a person employing an apprentice;
               (7)    "On-the-job training" means training that is:
                        (A)   Provided to a paid apprentice who is engaged in
 productive work in an occupation when the work provides knowledge or skills
 essential to the full and adequate performance of the occupation; and
                        (B)   Limited in duration as appropriate to the occupation
 for which the apprentice is being trained based on the content of the
 training and the apprentice's prior work experience as appropriate;
               (8)    "Pre-apprenticeship" means a program