PRINTER'S NO. 129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
155
Session of
2017
INTRODUCED BY FOLMER, VULAKOVICH, WHITE, HUGHES, AUMENT AND
BOSCOLA, JANUARY 20, 2017
REFERRED TO LABOR AND INDUSTRY, JANUARY 20, 2017
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
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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
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programs and for temporary suspension, cancellation or
deregistration of apprenticeship agreements.
(5) Establishing policies, procedures and plans that
demonstrate how this Commonwealth'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 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 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-
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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,
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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 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.
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(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
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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:
(i) Department of Aging.
(ii) Department of Education.
(iii) Department of Community and Economic
Development.
(iv) Department of Human Services.
(v) Department of Military and Veterans Affairs.
(vi) The Pennsylvania Council of Chief Juvenile
Probation Officers.
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(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 under 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 council shall
receive actual traveling expenses and per diem at the rate of
$25 each day for time spent attending advisory council meetings.
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(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 10. Effective date.
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This act shall take effect in 60 days.
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