1Establishing the State Apprenticeship and Training Commission;
2transferring functions of the State Apprenticeship and
3Training Council; providing for an Executive Director of
4Apprenticeship and Training and for subjects of transfer; and
5making repeals.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the State
10Apprenticeship and Training Commission Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Advisory council." The State Apprenticeship Advisory
16Council.

17"Commission." The State Apprenticeship and Training
18Commission.

19"Executive director." The Executive Director of

1Apprenticeship and Training and the Administrator of the State
2Apprenticeship and Training Commission.

3"Subjects of transfer." Powers, duties, personnel,
4appropriations, allocations, documents, files, records,
5contracts, agreements, equipment, materials, orders and rights
6and obligations utilized or accruing in connection with
7functions transferred from one entity to another under this act.

8Section 3. State Apprenticeship and Training Commission.

9(a) Establishment.--The State Apprenticeship and Training
10Commission is established and shall be fully implemented and
11operational one year from the effective date of this section.

12(b) Transferred powers and duties.--The following functions
13of the State Apprenticeship and Training Council are transferred
14to the commission:

15(1) Overseeing apprenticeship and training programs in
16this Commonwealth.

17(2) Establishing standards for apprenticeship in
18conformity with the provisions of this act and applicable
19statutes and regulations of the Federal Government, including
20a description of the standards, criteria and requirements for
21apprenticeship program registration or approval.

22(3) Where deemed appropriate, according reciprocal
23approval for Federal purposes to apprentices, apprenticeship
24programs and standards that are registered in other states by
25the Federal Office of Apprenticeship or a federally approved
26state registration agency if reciprocity is requested by the
27apprenticeship program sponsor, provided that the state's
28registration agency grants reciprocity to Pennsylvania
29programs.

30(4) Providing for the cancellation or deregistration of

1programs and for temporary suspension, cancellation or
2deregistration of apprenticeship agreements.

3(5) Establishing policies, procedures and plans that
4demonstrate how the State's economic development strategies
5and public work force investment system integrate registered
6apprenticeship as a critical work-based learning,
7postsecondary education, training and employment option
8available through the One-Stop Career Center System.

9(6) Establishing a State plan for equal employment
10opportunity in apprenticeship, incorporating policies and
11procedures to promote equality of opportunity in
12apprenticeship programs.

13(7) Establishing apprentice-to-journeyperson ratios that
14are uniform and indiscriminate between joint and nonjoint
15programs. In no instance shall the ratio be stricter than two
16apprentices to one journeyperson.

17(8) Acting as and allocating sufficient staff and budget
18to carry out the functions of a State registration agency,
19including outreach and education, registration of programs
20and apprentices, provision of technical assistance and
21monitoring.

22(9) Establishing a unique civil service classification
23encompassing all the powers and duties enumerated in this
24section for the purpose of staffing the commission's
25professional level positions.

26(10) Serving as a single point of contact for the United
27States Department of Labor with respect to the National
28Apprenticeship System.

29(11) Maintaining close liaison and serving as the single
30point of contact for apprenticeship and training for all

1agencies that carry on work force development programs, work-
2based learning and other activities closely related to the
3purpose of this act.

4(12) Conducting studies, surveys and investigations of
5the special problems or the training of unemployed or
6employed persons in order to improve or modernize work skills
7and making recommendations to the cooperating entities
8represented on the advisory council, local community
9organizations and local school boards, among others.

10(13) Acting as a convening agency in local communities
11to bring together local representatives of employers,
12employees, educational agencies and industrial development
13entities in order to promote closer local cooperation in
14establishing better apprenticeship, work-based learning and
15other occupational training programs, including programs for
16employed persons who wish to improve and modernize their work
17skills.

18(14) Using all appropriate mediums of information and
19education to acquaint employers, employees and the public at
20large with the advantages of apprenticeship and other work-
21based learning and occupational training programs.

22(15) Studying the effectiveness of apprenticeship
23agreements and making recommendations for their improvement.

24(16) Report to the General Assembly on or before
25February 15 of each year, indicating:

26(i) the extent of apprenticeship and other
27occupational programs during the previous year;

28(ii) trends in employment requiring adjustments in
29apprenticeship training, work-based learning and other
30occupational training programs;

1(iii) the need for expansion of apprenticeship,
2work-based learning and other occupational training
3programs; and

4(iv) activities of the commission and such
5recommendations as are in accord with the purposes of
6this act.

7(17) Serving as the recognized State apprenticeship
8registration entity and register apprenticeship programs and
9apprentices and provide technical assistance and conduct
10reviews for compliance and quality assurance assessments.

11(18) Performing such other duties as may be necessary to
12give full effect to the provisions of this act.

13Section 4. Executive Director of Apprenticeship and Training.

14The Governor shall appoint an Executive Director of
15Apprenticeship and Training who shall be confirmed by the Senate
16and responsible to the General Assembly in carrying out the
17provisions of this act. The commission shall appoint, hire and
18otherwise make available to the executive director the clerical,
19technical and professional services necessary to the performance
20of the executive director's duties, including, but not limited
21to, appointments to the advisory council.

22Section 5. Powers and duties of executive director.

23The executive director shall carry out the purposes of this
24act and shall have the following powers and duties:

25(1) Oversight of the advisory council.

26(2) Encouragement and promotion of the standards
27established in accordance with this act and with the basic
28standards of the Federal Committee on Registered
29Apprenticeship.

30(3) Settlement of differences arising out of

1apprenticeship agreements.

2(4) Supervision of the execution of apprenticeship
3agreements and maintenance of standards.

4(5) Registration of such apprenticeship agreements as
5the commission shall authorize as conforming to the
6established standards.

7(6) Participation in and utilizing the Federal
8Registered Apprenticeship Information System Database.

9(7) Establishment and maintenance of Statewide database
10for the purpose of keeping a record of the following:

11(i) Apprenticeship agreements.

12(ii) Statistics and demographics about apprentices
13and programs.

14(iii) Issuance of interim, competence and completion
15certificates.

16(iv) Transfers.

17(v) Program sponsors.

18(8) Execution of the actions of the commission in all of
19its powers and duties under section 3.

20(9) Encouragement of liaison and cooperation among all
21Federal, State and other public and private agencies
22concerned with apprenticeship work-based learning and
23occupational training in industries that have not
24traditionally used the registered apprenticeship model as a
25viable option for work force development and work force
26education.

27(10) Promotion of employer, employee, student, parent
28and public awareness of apprenticeship, the apprenticeship
29model, work-based learning and other occupational training.

30(11) Expanding apprenticeship opportunities for workers

1in industries that have not traditionally used the registered
2apprenticeship model, including, but not limited to, new and
3emerging occupations and high-technology and green
4industries.

5Section 6. State Apprenticeship Advisory Council.

6(a) Composition.--The advisory council shall be comprised
7of:

8(1) Four representatives of employees, two of whom shall
9represent industries other than construction trade
10industries. Collective bargaining units and open-shop
11employees shall be equally represented.

12(2) Four representatives of employers, two of whom shall
13represent industries other than construction trades
14industries. Collective bargaining units and open-shop
15employees 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
19the Department of Labor and Industry.

20(6) The Executive Director of the Pennsylvania Workforce
21Investment Board.

22(7) One work force development representative from each
23of the following: Department of Aging, Department of
24Education, Department of Community and Economic Development,
25Department of Public Welfare, Department of Military and
26Veterans Affairs and the Pennsylvania Council of Chief
27Juvenile Probation Officers.

28(b) Term of membership.--

29(1) Employer, employee and public members shall be
30appointed by the Governor with the advice and consent of the

1Senate. Members shall be citizens of the United States and
2residents of this Commonwealth.

3(2) Members shall serve a term of four years or until a
4successor has been appointed and qualified, but in no event
5longer than six months beyond the four-year period.

6(3) In the event that a member dies or resigns or is
7otherwise disqualified during the term of office, a successor
8shall be appointed in the same way and with the same
9qualifications and shall hold office for the remainder of the
10unexpired term.

11(4) An employer, employee or public member shall not be
12eligible to hold more than two consecutive terms.

13(c) Appointments.--For employer, employee and public members
14initially appointed to the board pursuant to this act, the term
15of 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
20immediately upon appointment and annually thereafter by the
21election of one of its members as chairman, one as vice chairman
22and one as recording secretary.

23(e) Meetings.--The advisory council shall conduct meetings
24quarterly unless otherwise scheduled by the executive director.

25(f) Expenses.--Each member of the advisory advisory council
26shall receive actual traveling expenses and per diem at the rate
27of $25 each day for time spent attending advisory council
28meetings.

29(g) Status.--The advisory council shall be ineligible for
30recognition as the State's registration entity and shall provide

1recommended advice and guidance to the commission on the
2operation of the State's apprenticeship system. The advisory
3council operates at the direction and discretion of the
4commission.

5Section 7. Limitation.

6This act shall apply only to persons, partnerships,
7associations, corporations, political subdivisions, employer
8associations or organizations or associations of employees that
9voluntarily elect to conform with the provisions of this act.

10Section 8. Subjects of transfer.

11(a) General rule.--The subjects of transfer from the council
12are transferred to the commission with the same force and effect
13as if those subjects of transfer had originally belonged or had
14been incurred or entered into by the commission.

15(b) Employees.--The transfer made under this act shall not
16affect the civil service status of affected employees of the
17council with the exception that employees without civil service
18status shall, if qualified, be granted civil service status in
19their classifications.

20Section 9. Repeals.

21(a) Intent.--The General Assembly declares that the repeal
22under subsection (b) is necessary to effectuate the purposes of
23this act.

24(b) Absolute.--The act of July 14, 1961 (P.L.604, No.304),
25known as The Apprenticeship and Training Act, is repealed.

26(c) General.--All acts or parts of acts are repealed insofar
27as they are inconsistent with this act.

28Section 20. Effective date.

29This act shall take effect in 60 days.