House File 639 - IntroducedA Bill ForAn Act 1relating to apprenticeships and establishing an Iowa
2office of apprenticeship and Iowa apprenticeship council.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  84D.1  Short title.
   2This chapter shall be known and may be cited as the “Iowa
3Registered Apprenticeship Act”
.
4   Sec. 2.  NEW SECTION.  84D.2  Definitions.
   5For purposes of this chapter, unless the context otherwise
6requires:
   71.  “Apprentice” means a worker who is at least sixteen years
8of age, is employed to learn an apprenticeable occupation as
9defined in 29 C.F.R. §29.4, and meets the requirements of the
10standards of apprenticeship set out in 29 C.F.R. §29.5.
   112.  “Apprenticeable occupation” means an occupation that is
12specified by industry and to which all of the following apply:
   13a.  The occupation involves skills that are customarily
14learned in a practical way through a structured, systematic
15program of on-the-job supervised learning.
   16b.  The occupation is clearly identified and commonly
17recognized throughout an industry.
   18c.  The occupation involves the progressive attainment of
19manual, mechanical, or technical skills and knowledge which,
20in accordance with the industry standard for the occupation,
21would require the completion of at least two thousand hours of
22on-the-job learning to attain.
   23d.  The occupation requires related instruction to supplement
24the on-the-job learning.
   253.  “Apprenticeship agreement” means a written agreement
26between an apprentice and an apprenticeship sponsor that
27contains the terms and conditions of the apprentice’s
28employment and training consistent with 29 C.F.R. pt.29 and
29this chapter.
   304.  “Apprenticeship credential” means a state or nationally
31recognized credential received upon completion of training.
   325.  “Apprenticeship program” means a program registered
33with the United States department of labor, office of
34apprenticeship, or the Iowa office of apprenticeship
35that includes terms and conditions for the qualification,
-1-1recruitment, selection, employment, and training of
2apprentices, including the requirement for a written
3apprenticeship agreement.
   46.  “Apprenticeship sponsor” means an entity operating
5an apprenticeship program or an entity in whose name an
6apprenticeship program is being operated, which entity is
7registered with or approved by the United States department
8of labor, office of apprenticeship, or the Iowa office of
9apprenticeship. “Apprenticeship sponsor” includes a lead
10apprenticeship sponsor and an employer who provides training
11through a lead apprenticeship sponsor.
   127.  “Cancellation” means the termination of the registration
13of a quality pre-apprenticeship program or apprenticeship
14program at the request of the apprenticeship sponsor.
   158.  “Certification” or “certificate” means the written
16approval by the Iowa office of apprenticeship of a set of
17apprenticeship standards, of an individual for employment
18as an apprentice or probationary apprentice in a registered
19apprenticeship program, or of an individual who has
20successfully met the requirements to receive an interim
21credential.
   229.  “Department” means the department of workforce
23development as established in section 84A.1.
   2410.  “Deregistration” means termination of the registration
25of a quality pre-apprenticeship, youth apprenticeship,
26registered apprenticeship, or apprenticeship by the Iowa office
27of apprenticeship.
   2811.  “Director” means the director of the department of
29workforce development.
   3012.  “Employee organization” means any association in which
31employees participate and which exists for the purpose of
32dealing with employers.
   3313.  “Employer” means a person employing an apprentice.
   3414.  “Employer organization” means a collective organization
35of manufacturers, retailers, or other employers of wage labor,
-2-1which seeks to coordinate the behavior of its member companies
2in matters of mutual interest.
   315.  “Intermediary” includes an entity that provides required
4technical instruction to an apprentice, aggregates employer
5demand, provides technical assistance to employers, assists
6with organizing training, develops occupational standards, and
7assists with the registration of programs with the Iowa office
8of apprenticeship or the United States department of labor,
9office of apprenticeship.
   1016.  “Lead apprenticeship sponsor” means a trade
11organization, labor organization, employer association,
12or other incorporated entity representing a group of
13apprenticeship sponsors.
   1417.  “Licensing authority” means an agency, board,
15commission, or other office with the authority to require
16occupational fees or issue licensing requirements for practice
17of an apprenticeable occupation.
   1818.  “Mentor” means an individual who has sufficient skill
19and knowledge of a trade or craft, either through formal
20apprenticeship or through practical on-the-job experiences and
21training, to be recognized by an individual’s employer as being
22qualified to perform the work of the trade or craft. “Mentor”
23may include a journeyman, technician, specialist, or other
24skilled worker.
   2519.  “On-the-job training” means training provided by an
26employer to which all of the following apply:
   27a.  The training is provided to a paid apprentice who is
28engaged in productive work in an occupation, and the work
29provides knowledge or skills essential to the full and adequate
30performance of the occupation.
   31b.  The training is limited in duration as appropriate to
32the occupation for which the apprentice is being trained,
33based on the content of the training, the apprentice’s prior
34work experience, and the apprentice’s service strategy, as
35appropriate.
-3-
   120.  “Public member” means a member of the Iowa
2apprenticeship council not representing an employer
3organization or employee organization that is familiar with
4apprenticeable occupations.
   521.  “Quality pre-apprenticeship program” means a program
6or set of strategies, registered by the Iowa office of
7apprenticeship, including basic skills training, academic
8skills remediation, or introduction to the industry,
9that is designed to prepare individuals for entry into an
10apprenticeship program.
   1122.  a.  “Registered apprenticeship program” means a program
12to which all of the following apply:
   13(1)  The program has been accepted and recorded by the Iowa
14office of apprenticeship.
   15(2)  The program includes all of the following:
   16(a)  Employer involvement.
   17(b)  On-the-job training.
   18(c)  Related training instruction from a lead apprenticeship
19sponsor.
   20(d)  Paid work experience.
   21(e)  Receipt of a portable state or nationally recognized
22credential.
   23(3)  The program is for the recruitment, selection,
24employment, and training of apprentices and is developed
25pursuant to 29 C.F.R. pts.29 and 30 and the rules of the Iowa
26office of apprenticeship.
   27b.  “Registered apprenticeship program” may include a youth
28apprenticeship that otherwise qualifies as a registered
29apprenticeship program.
   3023.  “Registration agency” means a state agency
31responsible for registering quality pre-apprenticeships,
32youth apprenticeships, registered apprenticeships, and
33apprenticeships, and for reviewing quality pre-apprenticeships,
34youth apprenticeships, registered apprenticeships, and
35apprenticeships for compliance with state law and the state
-4-1plan for equal employment opportunities.
   224.  “Related training instruction” means an organized and
3systematic form of instruction, other than on-the-job training,
4to which all of the following apply:
   5a.  The instruction is designed to provide an apprentice
6with knowledge of the subjects related to the apprentice’s
7occupation.
   8b.  The instruction is given in a classroom, through
9occupational or industrial courses, through correspondence or
10online courses, or through other forms of self-study.
   1125.  “State advisory council” means the Iowa apprenticeship
12council established pursuant to 29 C.F.R. §29.13(a)(2) and
13section 84D.5.
   1426.  “Supervision” includes direction and oversight
15of apprentices on the job by any supervisor, foreman,
16journeyworker, or highly skilled mentor who may be counted as a
17direct supervisor of an apprentice as long as the person is of
18the same trade or occupation as the apprentice. “Supervision”
19may occur in person, by phone, or through virtual means.
   2027.  “Work-based learning” means sustained interactions with
21industry or community professionals in real workplace settings,
22to the extent practicable, or simulated environments at an
23educational institution, which interactions foster in-depth,
24first-hand engagement with the tasks required of a given career
25field and are aligned to curriculum and instruction.
   2628.  “Youth apprenticeship” means an apprenticeship program
27that is designed specifically for an apprentice eighteen years
28of age or under.
29   Sec. 3.  NEW SECTION.  84D.3  Iowa office of apprenticeship.
   301.  The Iowa office of apprenticeship is established within
31the department in accordance with 29 U.S.C. §50 and 29 C.F.R.
32pts.29 and 30. The office is operated and managed by the
33director or the director’s designee.
   342.  The office is established for all of the following
35purposes:
-5-
   1a.  To serve as the state registration agency.
   2b.  To establish labor standards for quality
3pre-apprenticeships, youth apprenticeships, registered
4apprenticeships, and apprenticeships.
   5c.  To establish rules regarding the registration of
6quality pre-apprenticeship programs, registered youth
7apprenticeship programs, registered apprenticeship programs,
8and apprenticeship programs in the state when the sponsor of
9such programs chooses to certify or register the programs with
10the office.
   11d.  To resolve disputes between parties to an apprenticeship
12agreement.
13   Sec. 4.  NEW SECTION.  84D.4  Duties of office.
   141.  The Iowa office of apprenticeship shall adopt rules
15and develop standards to create a nationally recognized state
16apprenticeship completion credential in compliance with, but
17not exceeding, standards established in 29 C.F.R. §29.5 for
18completing a registered apprenticeship program.
   192.  a.  The office shall approve or deny an application for
20a registered apprenticeship program, whether for a new program
21or expansion of an existing program, within sixty days of a
22signed application being submitted to the office. The office
23shall provide an entity whose application is not approved
24with specific reasons for the disapproval and an option for
25modifying the application.
   26b.  The office shall approve or deny an application for a
27new apprenticeship sponsor who is providing related technical
28instruction through a lead apprenticeship sponsor within thirty
29days. The applying sponsor’s apprentices may enroll in an
30apprenticeship program while approval is pending; however,
31training shall not begin until the plan is approved.
   323.  The office shall establish competency-based
33apprenticeship frameworks based on the regional and statewide
34collection of valuable credentials.
   354.  The office shall establish a plan to provide reciprocal
-6-1approval, for federal purposes, to apprentices, apprenticeship
2programs, and standards that are registered in other
3states by the United States department of labor, office of
4apprenticeship, or a registration agency, if such reciprocity
5is requested by the apprenticeship program sponsor. Program
6sponsors seeking reciprocal approval shall meet wage and hour
7provisions and apprentice ratio standards of this state.
   85.  The director may adopt rules pursuant to chapter 17A
9to administer the duties of the office in compliance with 29
10C.F.R. pts.29 and 30.
   116.  The office may consider advice provided by the Iowa
12apprenticeship council and state workforce development board
13when completing the office’s duties as set forth in this
14section.
   157.  The office shall serve as the registration agency for
16quality pre-apprenticeships, youth apprenticeships, registered
17apprenticeships, and apprenticeships.
   188.  The office shall develop a plan providing a procedure for
19the cancellation or deregulation, or both, of programs and for
20temporary suspension, cancellation, deregistration, or any of
21these, of apprenticeship agreements.
   229.  The office shall not require affiliation with
23a labor organization, employer organization, or other
24limited-membership organization as a criteria of an
25apprenticeship program. This subsection does not
26prohibit labor organizations, employer organizations, and
27limited-membership organizations from requiring membership to
28participate in the apprenticeship training provided by the
29organization.
30   Sec. 5.  NEW SECTION.  84D.5  Iowa apprenticeship council.
   311.  The Iowa apprenticeship council is established as an
32advisory council within the department.
   332.  Members of the council shall be appointed by the governor
34for terms of three years and in compliance with sections 69.16
35and 69.16A.
-7-
   13.  a.  The council shall include at least five but not
2more than nine voting members appointed by the governor. The
3members must be familiar with apprenticeable occupations.
   4b.  The council shall have an equal number of representatives
5of employer organizations and employee organizations. The
6total number of public members shall not exceed the total
7number of members who serve as a representative of an employee
8organization or an employer organization.
   9c.  The governor shall appoint a chair of the Iowa
10apprenticeship council from among the voting members.
   11d.  The director, or the director’s designee, shall serve as
12an ex officio, nonvoting member.
   134.  The council shall develop bylaws related to the support
14and expansion of the use of apprenticeship in the state.
   155.  Meetings of the council shall be governed by the
16provisions of chapter 21.
   176.  The council shall do all of the following:
   18a.  Advise the Iowa office of apprenticeship regarding the
19duties set forth in this chapter.
   20b.  Provide community outreach and education regarding the
21benefits of apprenticeship.
22   Sec. 6.  NEW SECTION.  84D.6  Requirements for licensing
23authorities.
   241.  A licensing authority shall grant an occupational
25license to any applicant who meets all of the following
26requirements:
   27a.  The applicant has successfully completed an
28apprenticeship in compliance with program standards for
29apprenticeships as outlined in 29 C.F.R. §29.5, subject to a
30valid apprenticeship agreement, and under the supervision of an
31eligible employer.
   32b.  The applicant has received a passing score on any
33examination deemed to be necessary for licensing by a licensing
34authority.
   35c.  The applicant is otherwise eligible to receive a license.
-8-
   12.  A licensing authority shall not set a higher required
2minimum passing score on any examination for an applicant who
3satisfies the requirements of subsection 1, paragraph “a”, than
4that which is required for any other test taker.
   53.  If a licensing authority does not otherwise require
6an examination, the licensing authority shall not require an
7examination for an applicant who satisfies the requirements of
8subsection 1, paragraph “a”.
   94.  A licensing authority shall adopt any rules necessary for
10the implementation and administration of this section.
11   Sec. 7.  NEW SECTION.  84D.7  Requirements for sponsors and
12employers.
   13A sponsor of a quality pre-apprenticeship program, youth
14apprenticeship program, registered apprenticeship program, or
15apprenticeship program is responsible for the administration
16and supervision of on-the-job training and related
17technical instruction for each apprentice in the quality
18pre-apprenticeship program, youth apprenticeship program,
19registered apprenticeship program, or apprenticeship program.
20When training is provided by a lead apprenticeship sponsor or
21intermediary, the employer of the apprentice is responsible for
22the administration and supervision of on-the-job training, and
23the lead apprenticeship sponsor or intermediary is responsible
24for related technical instruction for each apprenticeship.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
   28This bill shall be known and may be cited as the Iowa
29registered apprenticeship Act.
   30The bill establishes the Iowa office of apprenticeship
31within the department of workforce development, to be operated
32and managed by the director of the department. The bill
33provides for duties of the office, which generally pertain to
34procedures for the voluntary registration of apprenticeships
35with the office in accordance with regulations of the federal
-9-1department of labor, office of apprenticeship. Eligible
2apprenticeship programs must be established pursuant to
3an apprenticeship agreement between an apprentice and an
4apprenticeship sponsor and involve work in an apprenticeable
5profession, as those terms are defined in the bill, and must
6be registered with the federal department of labor, office
7of apprenticeship, or the Iowa office of apprenticeship.
8To be eligible for registration with the Iowa office of
9apprenticeship, an apprenticeship program must include employer
10involvement, on-the-job training, related training instruction
11from a lead apprenticeship sponsor, paid work experience,
12and receipt of a portable state or nationally recognized
13credential; and must be in compliance with applicable federal
14regulations and rules of the office, among other requirements.
15The bill provides for additional duties of the office relating
16to registered apprenticeship programs.
   17The bill also establishes the Iowa apprenticeship council
18as an advisory council within the department of workforce
19development. Members of the council are appointed by the
20governor for three-year terms and must be familiar with
21apprenticeable occupations. The director of the department
22serves as an ex officio, nonvoting member. The council shall
23advise the Iowa office of apprenticeship regarding the duties
24set forth in the bill and provide community outreach and
25education regarding the benefits of apprenticeship.
   26The bill requires licensing authorities, as defined in the
27bill, to grant an occupational license to any applicant who has
28successfully completed an apprenticeship in compliance with
29program standards for apprenticeships as outlined in federal
30regulations, subject to a valid apprenticeship agreement, and
31under the supervision of an eligible employer; has received a
32passing score on any examination deemed to be necessary for
33licensing by a licensing authority; and is otherwise eligible
34to receive a license. The bill prohibits licensing authorities
35from establishing examination requirements for applicants who
-10-1complete a registered apprenticeship as provided in the bill
2that differ from other applicants.
   3The bill provides that a sponsor of a registered
4apprenticeship program under the bill is responsible for the
5administration and supervision of on-the-job training and
6related technical instruction for each apprentice in the
7apprenticeship program.
   8When training is provided by a lead apprenticeship sponsor
9or intermediary, the employer of the apprentice is responsible
10for the administration and supervision of on-the-job training,
11and the lead apprenticeship sponsor or intermediary is
12responsible for related technical instruction for each
13apprenticeship.
-11-
je/rn