S.F. 318 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 the acceptance and 25 recording of a written agreement by the Iowa office of 26 apprenticeship between an apprentice and an apprenticeship 27 sponsor that contains the terms and conditions of the 28 apprentice’s employment and training consistent with 29 C.F.R. 29 pt. 29 and this chapter. 30 4. “Apprenticeship program” means a program registered 31 with the United States department of labor, office of 32 apprenticeship, or the Iowa office of apprenticeship 33 that includes terms and conditions for the qualification, 34 recruitment, selection, employment, and training of 35 -1- SF 318 (3) 90 je/rn/mb 1/ 9

S.F. 318 apprentices, including the requirement for a written 1 apprenticeship agreement. 2 5. “Apprenticeship sponsor” means an entity operating 3 an apprenticeship program or an entity in whose name an 4 apprenticeship program is being operated, which entity is 5 registered with or approved by the United States department 6 of labor, office of apprenticeship, or the Iowa office of 7 apprenticeship. “Apprenticeship sponsor” includes a lead 8 apprenticeship sponsor and an employer who provides training 9 through a lead apprenticeship sponsor. 10 6. “Cancellation” means the termination of the registration 11 of a quality pre-apprenticeship program or apprenticeship 12 program at the request of the apprenticeship sponsor or the 13 termination of the apprenticeship agreement at the request of 14 apprentice. 15 7. “Certification” or “certificate” means the written 16 approval by the Iowa office of apprenticeship of a set of 17 apprenticeship standards, of an individual for employment 18 as an apprentice or probationary apprentice in a registered 19 apprenticeship program, or of an individual who has 20 successfully met the requirements to receive an interim 21 credential. 22 8. “Director” means the director of the department of 23 workforce development, or the director’s designee. 24 9. “Employee organization” means any association in which 25 employees participate and which exists for the purpose of 26 dealing with employers. 27 10. “Employer” means a person or organization employing an 28 apprentice, whether or not such person or organization is a 29 party to an apprenticeship agreement with the apprentice. 30 11. “Employer organization” means a collective organization 31 of manufacturers, retailers, or other employers of wage labor, 32 which seeks to coordinate the behavior of its member companies 33 in matters of mutual interest. 34 12. “Intermediary” includes an entity that provides required 35 -2- SF 318 (3) 90 je/rn/mb 2/ 9

S.F. 318 technical instruction to an apprentice, aggregates employer 1 demand, provides technical assistance to employers, assists 2 with organizing training, develops occupational standards, and 3 assists with the registration of programs with the Iowa office 4 of apprenticeship. 5 13. “Lead apprenticeship sponsor” means a trade 6 organization, labor organization, employer association, 7 or other incorporated entity representing a group of 8 apprenticeship sponsors. 9 14. “Licensing authority” means an agency, board, 10 commission, or other office with the authority to require 11 occupational fees or issue licensing requirements for practice 12 of an apprenticeable occupation. 13 15. “Mentor” or “journeyworker” means an individual who 14 has attained a level of skills, abilities, competencies, 15 and knowledge of a trade or craft, either through formal 16 apprenticeship or through practical on-the-job experiences and 17 training, to be recognized by an individual’s employer as being 18 qualified to perform the work of the trade or craft. “Mentor” 19 or “journeyworker” may include a technician, specialist, or 20 other skilled worker. 21 16. “On-the-job training” means training provided by an 22 employer to which all of the following apply: 23 a. The training is provided to a paid apprentice who is 24 engaged in productive work in an occupation, and the work 25 provides knowledge or skills essential to the full and adequate 26 performance of the occupation. 27 b. The training is limited in duration as appropriate to 28 the occupation for which the apprentice is being trained, 29 based on the content of the training, the apprentice’s prior 30 work experience, and the apprentice’s service strategy, as 31 appropriate. 32 17. “Public member” means a member of the Iowa 33 apprenticeship council not representing an employer 34 organization or employee organization that is familiar with 35 -3- SF 318 (3) 90 je/rn/mb 3/ 9

S.F. 318 apprenticeable occupations. 1 18. “Quality pre-apprenticeship program” means a program 2 or set of strategies, registered by the Iowa office of 3 apprenticeship, including basic skills training, academic 4 skills remediation, or introduction to the industry, 5 that is designed to prepare individuals for entry into an 6 apprenticeship program. 7 19. a. “Registered apprenticeship program” means a program 8 to which all of the following apply: 9 (1) The program has been accepted and recorded by the Iowa 10 office of apprenticeship. 11 (2) The program includes all of the following: 12 (a) Employer involvement. 13 (b) On-the-job training. 14 (c) Related training instruction from a lead apprenticeship 15 sponsor. 16 (d) Paid work experience. 17 (e) Receipt of a portable state or nationally recognized 18 credential. 19 (3) The program is for the recruitment, selection, 20 employment, and training of apprentices and is developed 21 pursuant to 29 C.F.R. pts. 29 and 30 and the rules of the Iowa 22 office of apprenticeship. 23 b. “Registered apprenticeship program” may include a youth 24 apprenticeship that otherwise qualifies as a registered 25 apprenticeship program. 26 20. “Registration agency” means the Iowa office of 27 apprenticeship which is responsible for registering, providing 28 technical assistance, and conducting reviews for compliance 29 with federal law. 30 21. “Related training instruction” means an organized and 31 systematic form of instruction, other than on-the-job training, 32 to which all of the following apply: 33 a. The instruction is designed to provide an apprentice 34 with knowledge of the subjects related to the apprentice’s 35 -4- SF 318 (3) 90 je/rn/mb 4/ 9

S.F. 318 occupation. 1 b. The instruction is given in a classroom, through 2 occupational or industrial courses, through correspondence or 3 online courses, or through other forms of self-study. 4 22. “State advisory council” means the Iowa apprenticeship 5 council established pursuant to 29 C.F.R. §29.13(a)(2) and 6 section 84D.5. 7 23. “Supervision” includes direction and oversight 8 of apprentices on the job by any supervisor, foreman, 9 journeyworker, or highly skilled mentor who may be counted as a 10 direct supervisor of an apprentice as long as the person is of 11 the same trade or occupation as the apprentice. “Supervision” 12 may occur in person, by phone, or through virtual means. 13 24. “Work-based learning” means sustained interactions with 14 industry or community professionals in real workplace settings, 15 to the extent practicable, or simulated environments at an 16 educational institution, which interactions foster in-depth, 17 first-hand engagement with the tasks required of a given career 18 field and are aligned to curriculum and instruction. 19 25. “Youth apprenticeship” means an apprenticeship program 20 that is designed specifically for an apprentice eighteen years 21 of age or under. 22 Sec. 3. NEW SECTION . 84D.3 Iowa office of apprenticeship. 23 1. The Iowa office of apprenticeship is established within 24 the department of workforce development in accordance with 29 25 U.S.C. §50 and 29 C.F.R. pts. 29 and 30. The office is operated 26 and managed by the director or the director’s designee. 27 2. The office is established for all of the following 28 purposes: 29 a. To serve as the state registration agency. 30 b. To establish labor standards for quality 31 pre-apprenticeships, youth apprenticeships, registered 32 apprenticeships, and apprenticeships. 33 c. To establish rules regarding the registration of 34 quality pre-apprenticeship programs, registered youth 35 -5- SF 318 (3) 90 je/rn/mb 5/ 9

S.F. 318 apprenticeship programs, registered apprenticeship programs, 1 and apprenticeship programs in the state when the sponsor of 2 such programs chooses to certify or register the programs with 3 the office. 4 d. To resolve disputes between parties to an apprenticeship 5 agreement. 6 Sec. 4. NEW SECTION . 84D.4 Duties of office. 7 1. The Iowa office of apprenticeship shall adopt rules 8 and develop standards to create a nationally recognized state 9 apprenticeship completion credential in compliance with, but 10 not exceeding, standards established in 29 C.F.R. §29.5 for 11 completing a registered apprenticeship program. 12 2. a. The office shall approve or deny an application for 13 a registered apprenticeship program, whether for a new program 14 or expansion of an existing program, within sixty days of a 15 signed application being submitted to the office. The office 16 shall provide an entity whose application is not approved 17 with specific reasons for the disapproval and an option for 18 modifying the application. 19 b. The office shall approve or deny an application for a 20 new apprenticeship sponsor who is providing related technical 21 instruction within thirty days. The applying sponsor’s 22 apprentices may enroll in an apprenticeship program while 23 approval is pending; however, training shall not begin until 24 the plan is approved. 25 3. The office shall establish competency-based 26 apprenticeship frameworks based on the regional and statewide 27 collection of valuable credentials. 28 4. The office shall establish a plan to provide reciprocal 29 approval, for federal purposes, to apprentices, apprenticeship 30 programs, and standards that are registered in other 31 states by the United States department of labor, office of 32 apprenticeship, or a registration agency, if such reciprocity 33 is requested by the apprenticeship program sponsor. Program 34 sponsors seeking reciprocal approval shall meet wage and hour 35 -6- SF 318 (3) 90 je/rn/mb 6/ 9

S.F. 318 provisions and apprentice ratio standards of this state. 1 5. The director may adopt rules pursuant to chapter 17A 2 to administer the duties of the office in compliance with 29 3 C.F.R. pts. 29 and 30. 4 6. The office may consider advice provided by the Iowa 5 apprenticeship council and state workforce development board 6 when completing the office’s duties as set forth in this 7 section. 8 7. The office shall serve as the registration agency for 9 quality pre-apprenticeships, youth apprenticeships, registered 10 apprenticeships, and apprenticeships. 11 8. The office shall develop a plan providing a procedure for 12 the cancellation or deregulation, or both, of programs and for 13 temporary suspension, cancellation, deregistration, or any of 14 these, of apprenticeship agreements. 15 9. The office shall not require affiliation with 16 a labor organization, employer organization, or other 17 limited-membership organization as a criteria of an 18 apprenticeship program. This subsection does not 19 prohibit labor organizations, employer organizations, and 20 limited-membership organizations from requiring membership to 21 participate in the apprenticeship training provided by the 22 organization. 23 Sec. 5. NEW SECTION . 84D.5 Iowa apprenticeship council. 24 1. The Iowa apprenticeship council is established as 25 an advisory council within the department of workforce 26 development. 27 2. Members of the council shall be appointed by the governor 28 for terms of three years and in compliance with sections 69.16 29 and 69.16A. 30 3. a. The council shall include at least five but not 31 more than nine voting members appointed by the governor. The 32 members must be familiar with apprenticeable occupations. 33 b. The council shall have an equal number of representatives 34 of employer organizations and employee organizations. The 35 -7- SF 318 (3) 90 je/rn/mb 7/ 9

S.F. 318 total number of public members shall not exceed the total 1 number of members who serve as a representative of an employee 2 organization or an employer organization. 3 c. The governor shall appoint a chair of the Iowa 4 apprenticeship council from among the voting members. 5 d. The director, or the director’s designee, shall serve as 6 an ex officio, nonvoting member. 7 4. The council shall develop bylaws related to the support 8 and expansion of the use of apprenticeship in the state. 9 5. Meetings of the council shall be governed by the 10 provisions of chapter 21. 11 6. The council shall do all of the following: 12 a. Advise the Iowa office of apprenticeship regarding the 13 duties set forth in this chapter. 14 b. Provide community outreach and education regarding the 15 benefits of apprenticeship. 16 Sec. 6. NEW SECTION . 84D.6 Requirements for licensing 17 authorities. 18 1. A licensing authority shall grant an occupational 19 license to any applicant who meets all of the following 20 requirements: 21 a. The applicant has successfully completed an 22 apprenticeship in compliance with program standards for 23 apprenticeships as outlined in 29 C.F.R. §29.5, subject to a 24 valid apprenticeship agreement, and under the supervision of an 25 eligible employer. 26 b. The applicant has received a passing score on any 27 examination deemed to be necessary for licensing by a licensing 28 authority. 29 c. The applicant is otherwise eligible to receive a license. 30 2. A licensing authority shall not set a higher required 31 minimum passing score on any examination for an applicant who 32 satisfies the requirements of subsection 1, paragraph “a” , than 33 that which is required for any other test taker. 34 3. If a licensing authority does not otherwise require 35 -8- SF 318 (3) 90 je/rn/mb 8/ 9

S.F. 318 an examination, the licensing authority shall not require an 1 examination for an applicant who satisfies the requirements of 2 subsection 1, paragraph “a” . 3 4. A licensing authority shall adopt any rules necessary for 4 the implementation and administration of this section. 5 Sec. 7. NEW SECTION . 84D.7 Requirements for sponsors and 6 employers. 7 A sponsor of a quality pre-apprenticeship program, youth 8 apprenticeship program, registered apprenticeship program, or 9 apprenticeship program is responsible for the administration 10 and supervision of on-the-job training and related 11 technical instruction for each apprentice in the quality 12 pre-apprenticeship program, youth apprenticeship program, 13 registered apprenticeship program, or apprenticeship program. 14 When training is provided by a lead apprenticeship sponsor or 15 intermediary, the employer of the apprentice is responsible for 16 the administration and supervision of on-the-job training, and 17 the lead apprenticeship sponsor or intermediary is responsible 18 for related technical instruction for each apprenticeship. 19 -9- SF 318 (3) 90 je/rn/mb 9/ 9