BILL NUMBER: AB 2636	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 24, 2012

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2636, as introduced, Furutani. Apprenticeship.
   Existing law provides for the establishment of apprenticeship
programs in various trades, to be approved by the Chief of the
Division of Apprenticeship Standards of the Department of Industrial
Relations in any trade in the state or in a city or trade area
whenever the apprentice training needs justify the establishment.
Existing law provides that the apprentice training needs in the
building and construction trades shall be deemed to justify a new
apprentice program only if one or more specified conditions are met.
   This bill would make technical, nonsubstantive changes to these
provisions of law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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     Chief of the
Division of Apprenticeship Standards  in any trade in the state
or in a city or trade area, whenever the apprentice training needs
justify the establishment.  Where  If  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.