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
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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,
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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,
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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.
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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
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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:
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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
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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.
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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.
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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
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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
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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.
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