Today's Law As Amended


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AB-734 Apprenticeship oversight.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 3070 of the Labor Code is amended to read:

3070.
 (a)  There is in the Division of Apprenticeship Standards the California Apprenticeship Council, which shall be appointed by the Governor, composed of six representatives each from employers or employer organizations and employee organizations, that sponsor apprenticeship programs under Section 3071, this chapter,  respectively, geographically selected, and of two representatives of the general public. No two representatives from employers or employer organizations shall be from the same employer or employer organization, and no two representatives from employee organizations shall be from the same national or international labor organization.  The Director of Industrial Relations, or his or her permanent and best qualified designee, and the Superintendent of Public Instruction, or his or her permanent and best qualified designee, and the Chancellor of the California Community Colleges, or his or her permanent and best qualified designee, and the Chairperson of the California Firefighter Joint Apprenticeship Committee (Cal-JAC), or his or her permanent and best qualified designee,  shall also be members of the California Apprenticeship Council. The chairperson shall be elected by vote of the California Apprenticeship Council. Beginning with appointments in 1985, three representatives each of employers and employees, and one public representative shall serve until January 15, 1989. In 1987, three representatives each of the employers and employees, and one public representative shall serve until January 15, 1991. Any member whose term expires on January 15, 1986, shall continue to serve until January 15, 1987. Thereafter each member shall serve for a term of four years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his or her predecessor shall be appointed for the remainder of that term. Each member of the council shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the council, for each day of actual attendance at hearings by the council or a committee thereof pursuant to Section 3082, and for each day of actual attendance at meetings of other committees established by the council and approved by the Director of Industrial Relations, together with his or her actual and necessary traveling expenses incurred in connection therewith.
(b) For purposes of this section, all of the following shall apply:
(1) Two representatives are from the same national or international labor organization if they are members, employees, or representatives of the same national or international labor organization.
(2) “Representatives of a national or international labor organization” includes members, employees, and representatives of local labor organizations and intermediate bodies affiliated with the national or international labor organization.
(3) “National or international labor organization” does not include a federation of national or international labor organizations.

SEC. 2.

 Section 3073.1 of the Labor Code is amended to read:

3073.1.
 (a) The division shall evaluate audit  apprenticeship and preapprenticeship  programs to ensure that the program evaluated  is complying with its standards, that all on-the-job training is supervised by journeymen, that all classroom  related and supplemental  instruction required by the apprenticeship or preapprenticeship  standards is being provided, that all work processes in the apprenticeship  standards are being covered, and that graduates have completed the apprenticeship  program’s requirements. The division shall examine each apprenticeship program to determine whether apprentices are graduating from or completing  the program on schedule or dropping out and to determine whether graduates of the apprenticeship  program have obtained employment as journeymen. During the evaluation, audit,  the division shall attempt to contact a statistically valid sample of apprentices who have dropped out of the program prior to completion to determine their  the apprentice’s  reasons for leaving the program. Every apprenticeship program sponsor shall have a duty to cooperate with the division in conducting an evaluation. audit. 
(b) Evaluation reports for building and construction trade and firefighting programs  Audit reports  shall be presented to the California Apprenticeship Council and reports concerning any other program shall be presented to the Interagency Advisory Committee on Apprenticeship. The division shall make reports  shall be made  public, except that the division shall not make public information that would infringe on the privacy of individual apprentices. The division shall recommend remedial action to correct deficiencies recognized in the audit report, and the failure to follow division recommendations or to correct deficiencies within a reasonable period of time shall be grounds for withdrawing state approval of a program. Nothing shall prevent the division from conducting more frequent or random evaluations audits  of apprenticeship  programs where deficiencies have been identified.
(c) The division shall give priority in conducting evaluations audits  to programs that have been identified as having deficiencies. The division may conduct simplified evaluations audits  for programs with fewer than five registered participants. apprentices. 
(d) One year following the creation of a new program or substantial expansion of an existing program,  For new and newly expanded building and construction trades apprenticeship programs,  the division shall evaluate audit  the program for quality and conformity with the requirements of this section. one year after approval of the creation or expansion of the program. 
(e) If the division finds evidence that information provided to it by a building and construction trades or firefighter  apprenticeship program has been purposefully misstated, the division shall immediately investigate and determine whether an evaluation audit  of the program is necessary. The division shall report its investigatory findings to the California Apprenticeship Council and make them available to the public, except that the division shall not make public information that would infringe upon the privacy of individual apprentices.
(f) If the division determines that a building and construction trades or firefighter  apprenticeship program has been the subject of two or more meritorious complaints that concern the recruitment, training, or education of apprentices within a five-year period, the division shall schedule the program for an evaluation audit  within three months of the determination.
(g) If the division determines that a building and construction trades apprenticeship program that has had at least two graduating classes has an annual apprentice completion rate below 50 percent of the average completion rate for the applicable trade, the division shall schedule the program for an evaluation audit  within three months of the determination.

SEC. 3.

 Section 3075.5 is added to the Labor Code, to read:

3075.5.
 (a) This section applies when a building and construction trades industry program applies to the Chief of the Division of Apprenticeship Standards for approval of a new apprenticeship program or for the expansion of an existing apprenticeship program into a new occupation or geographic area. The requirements of this section are in addition to other requirements that may be imposed by statute or regulation.
(b) (1) An applicant for a new or expanded apprenticeship program under subdivision (a) shall submit to the chief a written plan that sets out the number of new apprentices the applicant seeks to enroll during the next five years in the new or expanded program, new occupation, or new geographic area. The plan must include the applicant’s budget for training the new apprentices and a detailed explanation of how the applicant intends to provide sufficient funding to meet that budget.
(2) The applicant shall submit to the chief a written plan providing a reasonable timetable to obtain sufficient commitments from employers to employ the new apprentices so as to ensure, to the extent feasible, consistent with the rates of employment for existing programs in good standing in the applicable trade, that the new apprentices will be employed continuously throughout the entire term of apprenticeship.
(3) The applicant shall submit to the chief verifiable evidence that the applicant has obtained, or will obtain, suitable and adequate facilities to train the new apprentices. The chief, or his or her representative, shall personally inspect the facilities within six months after the final approval of the program.
(4) The applicant shall submit to the chief a plan for the recruitment and selection of the new apprentices. The plan shall include advertising of the new apprenticeship opportunities within the geographic area and outreach to organizations that promote apprenticeship opportunities to women and underrepresented minorities.
(c) The chief shall not approve an application that fails to meet any of the requirements of this section. If the chief does not approve an application because of its failure to comply with this section, the chief shall within 90 days provide the applicant with a detailed explanation of the deficiencies in the application and recommendations for addressing those deficiencies to obtain program approval. The applicant may submit a new or amended application to the chief within 90 days of receipt of the chief’s recommendations. The chief shall provide a detailed response to a new or amended application within 90 days of its receipt.

SEC. 4.

 Section 3075.6 is added to the Labor Code, to read:

3075.6.
 Each building and construction trades apprenticeship program shall provide to each apprentice, on at least a semiannual basis, a statement showing the number of hours of on-the-job training and related and supplemental instruction that the apprentice has acquired toward graduation, the total number of hours of on-the-job training and related and supplemental instruction that are necessary for graduation, and the apprentice’s expected graduation date.

SEC. 5.

 Section 3075.7 is added to the Labor Code, to read:

3075.7.
 Every building and construction trades industry apprenticeship program shall submit apprentice registration, change of address, graduation, and termination data to the Division of Apprenticeship Standards on a monthly basis in an electronic format acceptable to the division.