THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, RAFFERTY, D. WHITE, WAUGH, PICCOLA, BROWNE AND WASHINGTON, SEPTEMBER 20, 2011

REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 20, 2011  

AN ACT

Establishing the State Apprenticeship and Training Commission;

transferring functions of the State Apprenticeship and

Training Council; providing for an Executive Director of

Apprenticeship and Training and for subjects of transfer; and

making repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the State

Apprenticeship and Training Commission Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Advisory council."  The State Apprenticeship Advisory

Council.

"Commission."  The State Apprenticeship and Training

Commission.

"Executive director."  The Executive Director of

Apprenticeship and Training and the Administrator of the State

Apprenticeship and Training Commission.

"Subjects of transfer."  Powers, duties, personnel,

appropriations, allocations, documents, files, records,

contracts, agreements, equipment, materials, orders and rights

and obligations utilized or accruing in connection with

functions transferred from one entity to another under this act.

Section 3.  State Apprenticeship and Training Commission.

(a)  Establishment.--The State Apprenticeship and Training

Commission is established and shall be fully implemented and

operational one year from the effective date of this section.

(b)  Transferred powers and duties.--The following functions

of the State Apprenticeship and Training Council are transferred

to the commission:

(1)  Overseeing apprenticeship and training programs in

this Commonwealth.

(2)  Establishing standards for apprenticeship in

conformity with the provisions of this act and applicable

statutes and regulations of the Federal Government, including

a description of the standards, criteria and requirements for

apprenticeship program registration or approval.

(3)  Where deemed appropriate, according reciprocal

approval for Federal purposes to apprentices, apprenticeship

programs and standards that are registered in other states by

the Federal Office of Apprenticeship or a federally approved

state registration agency if reciprocity is requested by the

apprenticeship program sponsor, provided that the state's

registration agency grants reciprocity to Pennsylvania

programs.

(4)  Providing for the cancellation or deregistration of

programs and for temporary suspension, cancellation or

deregistration of apprenticeship agreements.

(5)  Establishing policies, procedures and plans that

demonstrate how the State's economic development strategies

and public work force investment system integrate registered

apprenticeship as a critical work-based learning,

postsecondary education, training and employment option

available through the One-Stop Career Center System.

(6)  Establishing a State plan for equal employment

opportunity in apprenticeship, incorporating policies and

procedures to promote equality of opportunity in

apprenticeship programs.

(7)  Establishing apprentice-to-journeyperson ratios that

are uniform and indiscriminate between joint and nonjoint

programs. In no instance shall the ratio be stricter than two

apprentices to one journeyperson.

(8)  Acting as and allocating sufficient staff and budget

to carry out the functions of a State registration agency,

including outreach and education, registration of programs

and apprentices, provision of technical assistance and

monitoring.

(9)  Establishing a unique civil service classification

encompassing all the powers and duties enumerated in this

section for the purpose of staffing the commission's

professional level positions.

(10)  Serving as a single point of contact for the United

States Department of Labor with respect to the National

Apprenticeship System.

(11)  Maintaining close liaison and serving as the single

point of contact for apprenticeship and training for all

agencies that carry on work force development programs, work-

based learning and other activities closely related to the

purpose of this act.

(12)  Conducting studies, surveys and investigations of

the special problems or the training of unemployed or

employed persons in order to improve or modernize work skills

and making recommendations to the cooperating entities

represented on the advisory council, local community

organizations and local school boards, among others.

(13)  Acting as a convening agency in local communities

to bring together local representatives of employers,

employees, educational agencies and industrial development

entities in order to promote closer local cooperation in

establishing better apprenticeship, work-based learning and

other occupational training programs, including programs for

employed persons who wish to improve and modernize their work

skills.

(14)  Using all appropriate mediums of information and

education to acquaint employers, employees and the public at

large with the advantages of apprenticeship and other work-

based learning and occupational training programs.

(15)  Studying the effectiveness of apprenticeship

agreements and making recommendations for their improvement.

(16)  Report to the General Assembly on or before

February 15 of each year, indicating:

(i)  the extent of apprenticeship and other

occupational programs during the previous year;

(ii)  trends in employment requiring adjustments in

apprenticeship training, work-based learning and other

occupational training programs;

(iii)  the need for expansion of apprenticeship,

work-based learning and other occupational training

programs; and

(iv)  activities of the commission and such

recommendations as are in accord with the purposes of

this act.

(17)  Serving as the recognized State apprenticeship

registration entity and register apprenticeship programs and

apprentices and provide technical assistance and conduct

reviews for compliance and quality assurance assessments.

(18)  Performing such other duties as may be necessary to

give full effect to the provisions of this act.

Section 4.  Executive Director of Apprenticeship and Training.

The Governor shall appoint an Executive Director of

Apprenticeship and Training who shall be confirmed by the Senate

and responsible to the General Assembly in carrying out the

provisions of this act. The commission shall appoint, hire and

otherwise make available to the executive director the clerical,

technical and professional services necessary to the performance

of the executive director's duties, including, but not limited

to, appointments to the advisory council.

Section 5.  Powers and duties of executive director.

The executive director shall carry out the purposes of this

act and shall have the following powers and duties:

(1)  Oversight of the advisory council.

(2)  Encouragement and promotion of the standards

established in accordance with this act and with the basic

standards of the Federal Committee on Registered

Apprenticeship.

(3)  Settlement of differences arising out of

apprenticeship agreements. 

(4)  Supervision of the execution of apprenticeship

agreements and maintenance of standards.

(5)  Registration of such apprenticeship agreements as

the commission shall authorize as conforming to the

established standards.

(6)  Participation in and utilizing the Federal

Registered Apprenticeship Information System Database.

(7)  Establishment and maintenance of Statewide database

for the purpose of keeping a record of the following:

(i)  Apprenticeship agreements.

(ii)  Statistics and demographics about apprentices

and programs.

(iii)  Issuance of interim, competence and completion

certificates.

(iv)  Transfers.

(v)  Program sponsors.

(8)  Execution of the actions of the commission in all of

its powers and duties under section 3.

(9)  Encouragement of liaison and cooperation among all

Federal, State and other public and private agencies

concerned with apprenticeship work-based learning and

occupational training in industries that have not

traditionally used the registered apprenticeship model as a

viable option for work force development and work force

education.

(10)  Promotion of employer, employee, student, parent

and public awareness of apprenticeship, the apprenticeship

model, work-based learning and other occupational training.

(11)  Expanding apprenticeship opportunities for workers

in industries that have not traditionally used the registered

apprenticeship model, including, but not limited to, new and

emerging occupations and high-technology and green

industries.

Section 6.  State Apprenticeship Advisory Council.

(a)  Composition.--The advisory council shall be comprised

of:

(1)  Four representatives of employees, two of whom shall

represent industries other than construction trade

industries. Collective bargaining units and open-shop

employees shall be equally represented.

(2)  Four representatives of employers, two of whom shall

represent industries other than construction trades

industries. Collective bargaining units and open-shop

employees shall be equally represented.

(3)  Two representatives of community colleges.

(4)  One representative of the general public. 

(5)  The Deputy Secretary for Workforce Development in

the Department of Labor and Industry.

(6)  The Executive Director of the Pennsylvania Workforce

Investment Board.

(7)  One work force development representative from each

of the following: Department of Aging, Department of

Education, Department of Community and Economic Development,

Department of Public Welfare, Department of Military and

Veterans Affairs and the Pennsylvania Council of Chief

Juvenile Probation Officers.

(b)  Term of membership.--

(1)  Employer, employee and public members shall be

appointed by the Governor with the advice and consent of the

Senate. Members shall be citizens of the United States and

residents of this Commonwealth.

(2)  Members shall serve a term of four years or until a

successor has been appointed and qualified, but in no event

longer than six months beyond the four-year period.

(3)  In the event that a member dies or resigns or is

otherwise disqualified during the term of office, a successor

shall be appointed in the same way and with the same

qualifications and shall hold office for the remainder of the

unexpired term.

(4)  An employer, employee or public member shall not be

eligible to hold more than two consecutive terms.

(c)  Appointments.--For employer, employee and public members

initially appointed to the board pursuant to this act, the term

of office shall be as follows:

(1)  Five members shall serve for a term of four years.

(2)  Two members shall serve for a term of three years.

(3)  Two members shall serve for a term of two years.

(d)  Officers.--The advisory council shall organize

immediately upon appointment and annually thereafter by the

election of one of its members as chairman, one as vice chairman

and one as recording secretary.

(e)  Meetings.--The advisory council shall conduct meetings

quarterly unless otherwise scheduled by the executive director.

(f)  Expenses.--Each member of the advisory advisory council

shall receive actual traveling expenses and per diem at the rate

of $25 each day for time spent attending advisory council

meetings.

(g)  Status.--The advisory council shall be ineligible for

recognition as the State's registration entity and shall provide

recommended advice and guidance to the commission on the

operation of the State's apprenticeship system. The advisory

council operates at the direction and discretion of the

commission.

Section 7.  Limitation.

This act shall apply only to persons, partnerships,

associations, corporations, political subdivisions, employer

associations or organizations or associations of employees that

voluntarily elect to conform with the provisions of this act.

Section 8.  Subjects of transfer.

(a)  General rule.--The subjects of transfer from the council

are transferred to the commission with the same force and effect

as if those subjects of transfer had originally belonged or had

been incurred or entered into by the commission.

(b)  Employees.--The transfer made under this act shall not

affect the civil service status of affected employees of the

council with the exception that employees without civil service

status shall, if qualified, be granted civil service status in

their classifications.

Section 9.  Repeals.

(a)  Intent.--The General Assembly declares that the repeal

under subsection (b) is necessary to effectuate the purposes of

this act.

(b)  Absolute.--The act of July 14, 1961 (P.L.604 No.304),

known as The Apprenticeship and Training Act, is repealed.

(c)  General.--All acts or parts of acts are repealed insofar

as they are inconsistent with this act.

Section 20.  Effective date.

This act shall take effect in 60 days.