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AB-2660 Employment: apprenticeship programs.(2005-2006)

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CALIFORNIA LEGISLATURE— 2005–2006 REGULAR SESSION

Assembly Bill No. 2660


Introduced  by  Assembly Member La Suer

February 24, 2006


An act to amend Section 3075 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2660, as introduced, La Suer. Employment: apprenticeship programs.
Existing law authorizes the Chief of the Division of Apprenticeship Standards to approve apprenticeship programs in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment of a program. Existing law authorizes the California Apprenticeship Council to approve a new apprenticeship program if special circumstances, as established by regulation, justify the establishment of the program.
This bill would eliminate, as a condition to the chief’s approval of an apprenticeship program, the requirement that apprentice training needs justify the new program. The bill would delete the provision authorizing the California Apprenticeship Council to approve a new apprenticeship program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3075 of the Labor Code is amended to read:

3075.
 (a)An apprenticeship program may be administered by a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer. Programs may be approved by the chief in any trade in the state or in a city or trade area, whenever the apprentice training needs justify the establishment. Where a collective bargaining agreement exists, a program shall be jointly sponsored unless either party to the agreement waives its right to representation in writing. Joint apprenticeship committees shall be composed of an equal number of employer and employee representatives.

(b)For purposes of this section, the apprentice training needs in the building and construction trades shall be deemed to justify the approval of a new apprenticeship program only if any of the following conditions are met:

(1)There is no existing apprenticeship program approved under this chapter serving the same craft or trade and geographic area.

(2)Existing apprenticeship programs approved under this chapter that serve the same craft or trade and geographic area do not have the capacity, or neglect or refuse, to dispatch sufficient apprentices to qualified employers at a public works site who are willing to abide by the applicable apprenticeship standards.

(3)Existing apprenticeship programs approved under this chapter that serve the same trade and geographic area have been identified by the California Apprenticeship Council as deficient in meeting their obligations under this chapter.

(c)Notwithstanding subdivision (b), the California Apprenticeship Council may approve a new apprenticeship program if special circumstances, as established by regulation, justify the establishment of the program.