House File 639 - Introduced HOUSE FILE 639 BY COMMITTEE ON ECONOMIC GROWTH AND TECHNOLOGY (SUCCESSOR TO HSB 82) (COMPANION TO SF 318 BY COMMITTEE ON WORKFORCE) A BILL FOR An Act relating to apprenticeships and establishing an Iowa 1 office of apprenticeship and Iowa apprenticeship council. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1643HV (1) 90 je/rn
H.F. 639 Section 1. NEW SECTION . 84D.1 Short title. 1 This chapter shall be known and may be cited as the “Iowa 2 Registered Apprenticeship Act” . 3 Sec. 2. NEW SECTION . 84D.2 Definitions. 4 For purposes of this chapter, unless the context otherwise 5 requires: 6 1. “Apprentice” means a worker who is at least sixteen years 7 of age, is employed to learn an apprenticeable occupation as 8 defined in 29 C.F.R. §29.4, and meets the requirements of the 9 standards of apprenticeship set out in 29 C.F.R. §29.5. 10 2. “Apprenticeable occupation” means an occupation that is 11 specified by industry and to which all of the following apply: 12 a. The occupation involves skills that are customarily 13 learned in a practical way through a structured, systematic 14 program of on-the-job supervised learning. 15 b. The occupation is clearly identified and commonly 16 recognized throughout an industry. 17 c. The occupation involves the progressive attainment of 18 manual, mechanical, or technical skills and knowledge which, 19 in accordance with the industry standard for the occupation, 20 would require the completion of at least two thousand hours of 21 on-the-job learning to attain. 22 d. The occupation requires related instruction to supplement 23 the on-the-job learning. 24 3. “Apprenticeship agreement” means a written agreement 25 between an apprentice and an apprenticeship sponsor that 26 contains the terms and conditions of the apprentice’s 27 employment and training consistent with 29 C.F.R. pt. 29 and 28 this chapter. 29 4. “Apprenticeship credential” means a state or nationally 30 recognized credential received upon completion of training. 31 5. “Apprenticeship program” means a program registered 32 with the United States department of labor, office of 33 apprenticeship, or the Iowa office of apprenticeship 34 that includes terms and conditions for the qualification, 35 -1- LSB 1643HV (1) 90 je/rn 1/ 11
H.F. 639 recruitment, selection, employment, and training of 1 apprentices, including the requirement for a written 2 apprenticeship agreement. 3 6. “Apprenticeship sponsor” means an entity operating 4 an apprenticeship program or an entity in whose name an 5 apprenticeship program is being operated, which entity is 6 registered with or approved by the United States department 7 of labor, office of apprenticeship, or the Iowa office of 8 apprenticeship. “Apprenticeship sponsor” includes a lead 9 apprenticeship sponsor and an employer who provides training 10 through a lead apprenticeship sponsor. 11 7. “Cancellation” means the termination of the registration 12 of a quality pre-apprenticeship program or apprenticeship 13 program at the request of the apprenticeship sponsor. 14 8. “Certification” or “certificate” means the written 15 approval by the Iowa office of apprenticeship of a set of 16 apprenticeship standards, of an individual for employment 17 as an apprentice or probationary apprentice in a registered 18 apprenticeship program, or of an individual who has 19 successfully met the requirements to receive an interim 20 credential. 21 9. “Department” means the department of workforce 22 development as established in section 84A.1. 23 10. “Deregistration” means termination of the registration 24 of a quality pre-apprenticeship, youth apprenticeship, 25 registered apprenticeship, or apprenticeship by the Iowa office 26 of apprenticeship. 27 11. “Director” means the director of the department of 28 workforce development. 29 12. “Employee organization” means any association in which 30 employees participate and which exists for the purpose of 31 dealing with employers. 32 13. “Employer” means a person employing an apprentice. 33 14. “Employer organization” means a collective organization 34 of manufacturers, retailers, or other employers of wage labor, 35 -2- LSB 1643HV (1) 90 je/rn 2/ 11
H.F. 639 which seeks to coordinate the behavior of its member companies 1 in matters of mutual interest. 2 15. “Intermediary” includes an entity that provides required 3 technical instruction to an apprentice, aggregates employer 4 demand, provides technical assistance to employers, assists 5 with organizing training, develops occupational standards, and 6 assists with the registration of programs with the Iowa office 7 of apprenticeship or the United States department of labor, 8 office of apprenticeship. 9 16. “Lead apprenticeship sponsor” means a trade 10 organization, labor organization, employer association, 11 or other incorporated entity representing a group of 12 apprenticeship sponsors. 13 17. “Licensing authority” means an agency, board, 14 commission, or other office with the authority to require 15 occupational fees or issue licensing requirements for practice 16 of an apprenticeable occupation. 17 18. “Mentor” means an individual who has sufficient skill 18 and knowledge of a trade or craft, either through formal 19 apprenticeship or through practical on-the-job experiences and 20 training, to be recognized by an individual’s employer as being 21 qualified to perform the work of the trade or craft. “Mentor” 22 may include a journeyman, technician, specialist, or other 23 skilled worker. 24 19. “On-the-job training” means training provided by an 25 employer to which all of the following apply: 26 a. The training is provided to a paid apprentice who is 27 engaged in productive work in an occupation, and the work 28 provides knowledge or skills essential to the full and adequate 29 performance of the occupation. 30 b. The training is limited in duration as appropriate to 31 the occupation for which the apprentice is being trained, 32 based on the content of the training, the apprentice’s prior 33 work experience, and the apprentice’s service strategy, as 34 appropriate. 35 -3- LSB 1643HV (1) 90 je/rn 3/ 11
H.F. 639 20. “Public member” means a member of the Iowa 1 apprenticeship council not representing an employer 2 organization or employee organization that is familiar with 3 apprenticeable occupations. 4 21. “Quality pre-apprenticeship program” means a program 5 or set of strategies, registered by the Iowa office of 6 apprenticeship, including basic skills training, academic 7 skills remediation, or introduction to the industry, 8 that is designed to prepare individuals for entry into an 9 apprenticeship program. 10 22. a. “Registered apprenticeship program” means a program 11 to which all of the following apply: 12 (1) The program has been accepted and recorded by the Iowa 13 office of apprenticeship. 14 (2) The program includes all of the following: 15 (a) Employer involvement. 16 (b) On-the-job training. 17 (c) Related training instruction from a lead apprenticeship 18 sponsor. 19 (d) Paid work experience. 20 (e) Receipt of a portable state or nationally recognized 21 credential. 22 (3) The program is for the recruitment, selection, 23 employment, and training of apprentices and is developed 24 pursuant to 29 C.F.R. pts. 29 and 30 and the rules of the Iowa 25 office of apprenticeship. 26 b. “Registered apprenticeship program” may include a youth 27 apprenticeship that otherwise qualifies as a registered 28 apprenticeship program. 29 23. “Registration agency” means a state agency 30 responsible for registering quality pre-apprenticeships, 31 youth apprenticeships, registered apprenticeships, and 32 apprenticeships, and for reviewing quality pre-apprenticeships, 33 youth apprenticeships, registered apprenticeships, and 34 apprenticeships for compliance with state law and the state 35 -4- LSB 1643HV (1) 90 je/rn 4/ 11
H.F. 639 plan for equal employment opportunities. 1 24. “Related training instruction” means an organized and 2 systematic form of instruction, other than on-the-job training, 3 to which all of the following apply: 4 a. The instruction is designed to provide an apprentice 5 with knowledge of the subjects related to the apprentice’s 6 occupation. 7 b. The instruction is given in a classroom, through 8 occupational or industrial courses, through correspondence or 9 online courses, or through other forms of self-study. 10 25. “State advisory council” means the Iowa apprenticeship 11 council established pursuant to 29 C.F.R. §29.13(a)(2) and 12 section 84D.5. 13 26. “Supervision” includes direction and oversight 14 of apprentices on the job by any supervisor, foreman, 15 journeyworker, or highly skilled mentor who may be counted as a 16 direct supervisor of an apprentice as long as the person is of 17 the same trade or occupation as the apprentice. “Supervision” 18 may occur in person, by phone, or through virtual means. 19 27. “Work-based learning” means sustained interactions with 20 industry or community professionals in real workplace settings, 21 to the extent practicable, or simulated environments at an 22 educational institution, which interactions foster in-depth, 23 first-hand engagement with the tasks required of a given career 24 field and are aligned to curriculum and instruction. 25 28. “Youth apprenticeship” means an apprenticeship program 26 that is designed specifically for an apprentice eighteen years 27 of age or under. 28 Sec. 3. NEW SECTION . 84D.3 Iowa office of apprenticeship. 29 1. The Iowa office of apprenticeship is established within 30 the department in accordance with 29 U.S.C. §50 and 29 C.F.R. 31 pts. 29 and 30. The office is operated and managed by the 32 director or the director’s designee. 33 2. The office is established for all of the following 34 purposes: 35 -5- LSB 1643HV (1) 90 je/rn 5/ 11
H.F. 639 a. To serve as the state registration agency. 1 b. To establish labor standards for quality 2 pre-apprenticeships, youth apprenticeships, registered 3 apprenticeships, and apprenticeships. 4 c. To establish rules regarding the registration of 5 quality pre-apprenticeship programs, registered youth 6 apprenticeship programs, registered apprenticeship programs, 7 and apprenticeship programs in the state when the sponsor of 8 such programs chooses to certify or register the programs with 9 the office. 10 d. To resolve disputes between parties to an apprenticeship 11 agreement. 12 Sec. 4. NEW SECTION . 84D.4 Duties of office. 13 1. The Iowa office of apprenticeship shall adopt rules 14 and develop standards to create a nationally recognized state 15 apprenticeship completion credential in compliance with, but 16 not exceeding, standards established in 29 C.F.R. §29.5 for 17 completing a registered apprenticeship program. 18 2. a. The office shall approve or deny an application for 19 a registered apprenticeship program, whether for a new program 20 or expansion of an existing program, within sixty days of a 21 signed application being submitted to the office. The office 22 shall provide an entity whose application is not approved 23 with specific reasons for the disapproval and an option for 24 modifying the application. 25 b. The office shall approve or deny an application for a 26 new apprenticeship sponsor who is providing related technical 27 instruction through a lead apprenticeship sponsor within thirty 28 days. The applying sponsor’s apprentices may enroll in an 29 apprenticeship program while approval is pending; however, 30 training shall not begin until the plan is approved. 31 3. The office shall establish competency-based 32 apprenticeship frameworks based on the regional and statewide 33 collection of valuable credentials. 34 4. The office shall establish a plan to provide reciprocal 35 -6- LSB 1643HV (1) 90 je/rn 6/ 11
H.F. 639 approval, for federal purposes, to apprentices, apprenticeship 1 programs, and standards that are registered in other 2 states by the United States department of labor, office of 3 apprenticeship, or a registration agency, if such reciprocity 4 is requested by the apprenticeship program sponsor. Program 5 sponsors seeking reciprocal approval shall meet wage and hour 6 provisions and apprentice ratio standards of this state. 7 5. The director may adopt rules pursuant to chapter 17A 8 to administer the duties of the office in compliance with 29 9 C.F.R. pts. 29 and 30. 10 6. The office may consider advice provided by the Iowa 11 apprenticeship council and state workforce development board 12 when completing the office’s duties as set forth in this 13 section. 14 7. The office shall serve as the registration agency for 15 quality pre-apprenticeships, youth apprenticeships, registered 16 apprenticeships, and apprenticeships. 17 8. The office shall develop a plan providing a procedure for 18 the cancellation or deregulation, or both, of programs and for 19 temporary suspension, cancellation, deregistration, or any of 20 these, of apprenticeship agreements. 21 9. The office shall not require affiliation with 22 a labor organization, employer organization, or other 23 limited-membership organization as a criteria of an 24 apprenticeship program. This subsection does not 25 prohibit labor organizations, employer organizations, and 26 limited-membership organizations from requiring membership to 27 participate in the apprenticeship training provided by the 28 organization. 29 Sec. 5. NEW SECTION . 84D.5 Iowa apprenticeship council. 30 1. The Iowa apprenticeship council is established as an 31 advisory council within the department. 32 2. Members of the council shall be appointed by the governor 33 for terms of three years and in compliance with sections 69.16 34 and 69.16A. 35 -7- LSB 1643HV (1) 90 je/rn 7/ 11
H.F. 639 3. a. The council shall include at least five but not 1 more than nine voting members appointed by the governor. The 2 members must be familiar with apprenticeable occupations. 3 b. The council shall have an equal number of representatives 4 of employer organizations and employee organizations. The 5 total number of public members shall not exceed the total 6 number of members who serve as a representative of an employee 7 organization or an employer organization. 8 c. The governor shall appoint a chair of the Iowa 9 apprenticeship council from among the voting members. 10 d. The director, or the director’s designee, shall serve as 11 an ex officio, nonvoting member. 12 4. The council shall develop bylaws related to the support 13 and expansion of the use of apprenticeship in the state. 14 5. Meetings of the council shall be governed by the 15 provisions of chapter 21. 16 6. The council shall do all of the following: 17 a. Advise the Iowa office of apprenticeship regarding the 18 duties set forth in this chapter. 19 b. Provide community outreach and education regarding the 20 benefits of apprenticeship. 21 Sec. 6. NEW SECTION . 84D.6 Requirements for licensing 22 authorities. 23 1. A licensing authority shall grant an occupational 24 license to any applicant who meets all of the following 25 requirements: 26 a. The applicant has successfully completed an 27 apprenticeship in compliance with program standards for 28 apprenticeships as outlined in 29 C.F.R. §29.5, subject to a 29 valid apprenticeship agreement, and under the supervision of an 30 eligible employer. 31 b. The applicant has received a passing score on any 32 examination deemed to be necessary for licensing by a licensing 33 authority. 34 c. The applicant is otherwise eligible to receive a license. 35 -8- LSB 1643HV (1) 90 je/rn 8/ 11
H.F. 639 2. A licensing authority shall not set a higher required 1 minimum passing score on any examination for an applicant who 2 satisfies the requirements of subsection 1, paragraph “a” , than 3 that which is required for any other test taker. 4 3. If a licensing authority does not otherwise require 5 an examination, the licensing authority shall not require an 6 examination for an applicant who satisfies the requirements of 7 subsection 1, paragraph “a” . 8 4. A licensing authority shall adopt any rules necessary for 9 the implementation and administration of this section. 10 Sec. 7. NEW SECTION . 84D.7 Requirements for sponsors and 11 employers. 12 A sponsor of a quality pre-apprenticeship program, youth 13 apprenticeship program, registered apprenticeship program, or 14 apprenticeship program is responsible for the administration 15 and supervision of on-the-job training and related 16 technical instruction for each apprentice in the quality 17 pre-apprenticeship program, youth apprenticeship program, 18 registered apprenticeship program, or apprenticeship program. 19 When training is provided by a lead apprenticeship sponsor or 20 intermediary, the employer of the apprentice is responsible for 21 the administration and supervision of on-the-job training, and 22 the lead apprenticeship sponsor or intermediary is responsible 23 for related technical instruction for each apprenticeship. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill shall be known and may be cited as the Iowa 28 registered apprenticeship Act. 29 The bill establishes the Iowa office of apprenticeship 30 within the department of workforce development, to be operated 31 and managed by the director of the department. The bill 32 provides for duties of the office, which generally pertain to 33 procedures for the voluntary registration of apprenticeships 34 with the office in accordance with regulations of the federal 35 -9- LSB 1643HV (1) 90 je/rn 9/ 11
H.F. 639 department of labor, office of apprenticeship. Eligible 1 apprenticeship programs must be established pursuant to 2 an apprenticeship agreement between an apprentice and an 3 apprenticeship sponsor and involve work in an apprenticeable 4 profession, as those terms are defined in the bill, and must 5 be registered with the federal department of labor, office 6 of apprenticeship, or the Iowa office of apprenticeship. 7 To be eligible for registration with the Iowa office of 8 apprenticeship, an apprenticeship program must include employer 9 involvement, on-the-job training, related training instruction 10 from a lead apprenticeship sponsor, paid work experience, 11 and receipt of a portable state or nationally recognized 12 credential; and must be in compliance with applicable federal 13 regulations and rules of the office, among other requirements. 14 The bill provides for additional duties of the office relating 15 to registered apprenticeship programs. 16 The bill also establishes the Iowa apprenticeship council 17 as an advisory council within the department of workforce 18 development. Members of the council are appointed by the 19 governor for three-year terms and must be familiar with 20 apprenticeable occupations. The director of the department 21 serves as an ex officio, nonvoting member. The council shall 22 advise the Iowa office of apprenticeship regarding the duties 23 set forth in the bill and provide community outreach and 24 education regarding the benefits of apprenticeship. 25 The bill requires licensing authorities, as defined in the 26 bill, to grant an occupational license to any applicant who has 27 successfully completed an apprenticeship in compliance with 28 program standards for apprenticeships as outlined in federal 29 regulations, subject to a valid apprenticeship agreement, and 30 under the supervision of an eligible employer; has received a 31 passing score on any examination deemed to be necessary for 32 licensing by a licensing authority; and is otherwise eligible 33 to receive a license. The bill prohibits licensing authorities 34 from establishing examination requirements for applicants who 35 -10- LSB 1643HV (1) 90 je/rn 10/ 11
H.F. 639 complete a registered apprenticeship as provided in the bill 1 that differ from other applicants. 2 The bill provides that a sponsor of a registered 3 apprenticeship program under the bill is responsible for the 4 administration and supervision of on-the-job training and 5 related technical instruction for each apprentice in the 6 apprenticeship program. 7 When training is provided by a lead apprenticeship sponsor 8 or intermediary, the employer of the apprentice is responsible 9 for the administration and supervision of on-the-job training, 10 and the lead apprenticeship sponsor or intermediary is 11 responsible for related technical instruction for each 12 apprenticeship. 13 -11- LSB 1643HV (1) 90 je/rn 11/ 11