Bill Summary – FastDemocracy

APPROVED                CHAPTER
                                                                JUNE 26, 2023                318
                                                              BY GOVERNOR              PUBLIC LAW
                                STATE OF MAINE
                                         _____
                         IN THE YEAR OF OUR LORD
                     TWO THOUSAND TWENTY-THREE
                                         _____
                                H.P. 991 - L.D. 1539
  An Act to Promote a Diverse, More Experienced Workforce and Ensure
  High-quality Careers by Increasing Registered Apprenticeship Programs
Be it enacted by the People of the State of Maine as follows:
   Sec. 1. 26 MRSA §3201, sub-§23-A is enacted to read:
    23-A. Total package value.      "Total package value" means the hourly sum of the
following:
   A. Wages;
   B. The dollar value of employer-paid health insurance; and
   C. The dollar value of employer-paid retirement contribution benefits, except those
   retirement contribution benefits that require the employee to match the employer-paid
   contributions for the employee to access the retirement fund offered by the employer.
   Sec. 2. 26 MRSA §3203, sub-§1, ¶E, as enacted by PL 2011, c. 491, §13, is
amended to read:
   E. A schedule of progressively increasing wages to be paid to an apprentice consistent
   with the skill acquired. The entry wage may not be less than the minimum wage
   prescribed by the federal Fair Labor Standards Act of 1938 for student preapprentices
   and not less than $10 per hour or 50% of the journeyman rate, whichever is highest,
   for adult registered apprentices, unless a higher wage is required by other applicable
   federal law or regulation or state law or rule or by collective bargaining agreement.
   For purposes of this paragraph, "journeyman rate" is the rate of pay established by the
   sponsor for an apprentice who has met all of the skill, knowledge and competency
   requirements for that occupation;
   Sec. 3. 26 MRSA §3203, sub-§1, ¶T, as enacted by PL 2011, c. 491, §13, is
amended to read:
   T. The name, address, telephone number and e-mail address, if appropriate, for the
   appropriate individual with authority under the apprenticeship program to receive,
   process and make disposition of complaints; and
                                  Page 1 - 131LR1579(03)
    Sec. 4. 26 MRSA §3203, sub-§1, ¶U, as enacted by PL 2011, c. 491, §13, is
amended to read:
    U. Provision for recording and maintenance of all records concerning apprenticeship
    as may be required by the Maine Apprenticeship Program and other applicable law.;
    Sec. 5. 26 MRSA §3203, sub-§1, ¶V is enacted to read:
    V. The dollar value of employer-paid health insurance; and
    Sec. 6. 26 MRSA §3203, sub-§1, ¶W is enacted to read:
    W. The dollar value of employer-paid retirement contribution benefits, except those
    retirement contribution benefits that require the employee to match the employer-paid
    contributions for the employee to access the retirement fund offered by the employer.
    Sec. 7. 26 MRSA §3204, sub-§2, as enacted by PL 2011, c. 491, §13, is amended
to read:
    2. Evaluation. The Maine Apprenticeship Program shall evaluate the performance of
a registered apprenticeship program. The tools and factors to be used must include, but are
not limited to:
    A. Quality assurance assessments;
    B. Equal employment opportunity compliance reviews; and
    C. Completion rates. The cancellation of an apprenticeship agreement during the
    probationary period under section 3205, subsection 8 does not have an adverse impact
    on an apprenticeship program's completion rate.; and
    D. The total package value of a registered apprenticeship program.
    Sec. 8. 26 MRSA §3204, sub-§5 is enacted to read:
    5. Registered apprenticeship programs not in compliance. The department shall
identify and act to remedy registered apprenticeship programs that are:
    A. Not in compliance with quality assurance assessments;
    B. Experiencing low rates of retention or completion; or
    C. Not providing an adequate total package value to apprentices completing an
    apprenticeship program as determined by the department.
The department shall adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter
2‑A.
    Sec. 9. 26 MRSA §3204, sub-§6 is enacted to read:
   6. Department to perform assessment annually. Beginning January 1, 2024, the
department shall annually perform an assessment on the Maine Apprenticeship Program.
The assessment must include, but is not limited to, the following:
    A. A summary of performance data collected from program sponsors;
    B. Best practices being used and areas for improvement, as determined by the
    department; and
                                   Page 2 - 131LR1579(03)
    C. Steps taken by the department to ensure continuous improvement on key
    performance metrics.
    Sec. 10. 26 MRSA §3209, sub-§4, ¶J, as enacted by PL 2011, c. 491, §13, is
amended to read:
    J. Ensuring an annual report is provided by March 1st of each year to the Governor,
    the joint standing committee of the Legislature having jurisdiction over labor and
    economic development matters and the joint standing committee of the Legislature
    having jurisdiction over education and cultural affairs that includes the following:
        (1) The name and location of each sponsor;
        (2) The number of apprentices registered into and completing apprenticeship; and
        (3) The return on investment.;
        (4) Data on wages and benefits for apprentices enrolled in apprenticeship programs
        and for apprentices who complete an apprenticeship program;
        (5) Actions taken by the council to ensure apprenticeships are leading to well-
        paying jobs and careers; and
        (6) The assessment required under section 3204, subsection 6.
    Sec. 11. 26 MRSA §3211, sub-§8 is enacted to read:
    8. Monetary incentive program; historically underrepresented populations. To
the extent that funding is available, the Maine Apprenticeship Council shall, in
coordination with the department, establish a financial incentive program for registered
apprenticeships to recruit historically underrepresented populations. No more than 50% of
the funds granted under this program may be allocated to the registered apprenticeship
sponsor, and the remaining 50% of the funds must be reserved for stipends for registered
apprentices who meet the criteria established under this program.
    Sec. 12. 26 MRSA §3211, sub-§9 is enacted to read:
     9. Department, Maine Apprenticeship Council to establish criteria for funding
registered apprenticeships. The Maine Apprenticeship Council shall, in coordination
with the department, establish criteria for funding registered apprenticeship programs. The
criteria must establish benchmarks and consider the total package value that a registered
apprentice graduate earns upon transitioning to journeyman status.
                                   Page 3 - 131LR1579(03)
Statutes affected: 
Bill Text LD 1539, HP 991: 26.3203
Bill Text ACTPUB , Chapter 318: 26.3203, 26.3204, 26.3209