Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas        As Engrossed:       H3/9/21 H3/15/21 H3/18/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1553
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 By: Representative Bryant
 By: Senator Hester
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                                   For An Act To Be Entitled
                AN ACT TO CREATE THE EARN AND LEARN ACT OF 2021; TO
                ALLOW INDIVIDUALS TO WORK AND EARN A PAYCHECK WHILE
                ALSO FULFILLING LICENSING REQUIREMENTS AND GAINING
                THE SKILLS TO FILL THE NEEDS OF AN EXPANDING
                WORKFORCE; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO CREATE THE EARN AND LEARN ACT OF 2021;
                         AND TO ALLOW INDIVIDUALS TO WORK AND EARN
                         A PAYCHECK WHILE ALSO FULFILLING
                         LICENSING REQUIREMENTS AND GAINING THE
                         SKILLS TO FILL THE NEEDS OF AN EXPANDING
                         WORKFORCE.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code Title 17 is amended to add an additional
 chapter to read as follows:
                                              CHAPTER 4
                                   EARN AND LEARN ACT OF 2021
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        17-4-101.        Title.
        This chapter shall be known and may be cited as the "Earn and Learn Act
 of 2021".
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        17-4-102.        Legislative findings  Purpose.
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     As Engrossed:       H3/9/21 H3/15/21 H3/18/21                                 HB1553
      (a)   The General Assembly finds that:
               (1)    Apprenticeships prioritize on-the-job training and provide
 workers the opportunity to earn a paycheck while working towards industry-
 recognized credentials;
               (2)    Apprenticeships allow employers to build a skilled workforce
 according to industry standards; and
               (3)    Occupational licensing prevents the citizens of this state
 from taking full advantage of apprenticeships because many apprenticeship-
 friendly jobs require a license to legally work in this state.
      (b)   It is the purpose of this chapter to allow individuals to work and
 earn a paycheck while also fulfilling licensing requirements and gaining the
 skills to fill the needs of an expanding workforce.
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      17-4-103.       Definitions.
      As used in this chapter:
               (1)    "Apprenticeship" means a program that meets the federal
 guidelines set out in 29 C.F.R. Part 29, as existing on March 1, 2021, and
 existing programs currently implementing work requirements as approved by the
 United States Office of Apprenticeship as meeting the requirements of an
 apprenticeship;
               (2)    "License" means a license, certificate, registration,
 permit, or other form of authorization required by law or rule that is
 required for an individual to engage in a particular occupation or
 profession; and
               (3)    "Licensing entity" means an office, board, commission,
 department, council, bureau, or other agency of state government having
 authority to license, certify, register, permit, or otherwise authorize an
 individual to engage in a particular occupation or profession.
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      17-4-104.       Treatment of apprenticeships regarding licenses.
      (a)   A licensing entity shall grant a license to an applicant who:
               (1)    Completes an apprenticeship in the licensed occupation or
 profession;
               (2)    Passes an examination, if deemed to be necessary by the
 licensing entity;
               (3)    Pays any fees deemed necessary by the licensing entity;
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     As Engrossed:       H3/9/21 H3/15/21 H3/18/21                                 HB1553
               (4)    Does not have a disqualifying criminal record as determined
 by the licensing entity under state law; and
               (5)    Completes all other requirements for licensure unrelated to
 training and education.
      (b)   If a licensing entity denies a license to an applicant under this
 subchapter, the licensing entity shall:
               (1)    Provide the applicant with a denial in writing; and
               (2)    Explain the reason for the denial in the written decision
 such as whether the licensing entity determined that the applicant's
 apprenticeship program does not correspond to the profession or occupation or
 level of license for which the applicant applied.
      (c)(1)     A licensing entity shall establish a passing score for
 examinations that does not exceed the passing score required under the
 standard licensing processes.
               (2)    If the licensing entity does not require an examination for
 the standard licensing process for a profession or occupation, an applicant
 who completes an apprenticeship for the profession or occupation is not
 required to pass an examination.
      (d)(1)     A licensing entity shall establish a licensing fee that does
 not exceed the licensing fee required under the standard licensing processes.
               (2)    If the licensing entity does not require a fee for the
 standard licensing process for a profession or occupation, an applicant who
 completes an apprenticeship in the profession or occupation is not required
 to pay a fee.
      (e)   Except as otherwise required by federal law, an apprenticeship for
 a profession or occupation is not required to exceed the number of hours
 required by the licensing entity for the profession or occupation.
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      17-4-105.       Construction.
      This subchapter does not apply to:
               (1)    A licensing entity that does not license individual workers
 for which there is an apprenticeship program established under 29 C.F.R. Part
 29, as existing on March 1, 2021; or
               (2)    A license that requires the educational equivalent of a
 bachelor's degree or higher.
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     As Engrossed:       H3/9/21 H3/15/21 H3/18/21                                  HB1553
      SECTION 2.       DO NOT CODIFY.    Rules.
      (a)   All licensing entities as required under this act shall promulgate
 rules necessary to implement this act.
      (b)(1)     When adopting the initial rules to implement this act, the
 final rule shall be filed with the Secretary of State for adoption under 
 25-15-204(f):
                       (A)   On or before January 1, 2022; or
                       (B)   If approval under  10-3-309 has not occurred by
 January 1, 2022, as soon as practicable after approval under  10-3-309.
               (2)    A licensing entity shall file the proposed rule with the
 Legislative Council under  10-3-309(c) sufficiently in advance of January 1,
 2022, so that the Legislative Council may consider the rule for approval
 before January 1, 2022.
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      SECTION 3.       EFFECTIVE DATE.
      This act shall be effective on and after January 1, 2022.
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                                         /s/Bryant
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