BILL NUMBER: AB 2523	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 19, 2010

   An act to amend Section 3099.4 of the Labor Code, relating to
apprenticeship.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2523, as introduced, Eng. Apprenticeship: electricians.
   Existing law requires the certification of electricians by the
Division of Apprenticeship Standards, except as specified. Existing
law allows an uncertified person to perform electrical work for which
certification is required if certain requirements are met, including
that the person has completed or is enrolled in a curriculum of
classroom instruction approved by the electrician certification
curriculum committee and provided under the jurisdiction of the State
Department of Education, the Board of Governors of the California
Community Colleges, or the Bureau for Private Postsecondary and
Vocational Education.
   This bill would delete the requirement that the curriculum of
classroom instruction discussed above be provided under the
jurisdiction of the State Department of Education, the Board of
Governors of the California Community Colleges, or the Bureau for
Private Postsecondary and Vocational Education.
   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 3099.4 of the Labor Code is amended to read:
   3099.4.  (a) After the deadline for certification, an uncertified
person may perform electrical work for which certification is
required under Section 3099 in order to acquire the necessary
on-the-job experience for certification, if all of the following
requirements are met:
   (1) The person is registered with the Division of Apprenticeship
Standards. A list of current registrants shall be maintained by the
division and made available to the public upon request.
   (2) The person either has completed or is enrolled in an approved
curriculum of classroom instruction.
   (3) The employer attests that the person shall be under the direct
supervision of an electrician certified pursuant to Section 3099 who
is responsible for supervising no more than one uncertified person.
An employer who is found by the division to have failed to provide
adequate supervision may be barred by the division from employing
uncertified individuals pursuant to this section in the future.
   (b) For purposes of this section, an "approved curriculum of
classroom instruction" means a curriculum of classroom instruction
approved by the electrician certification curriculum committee
established pursuant to paragraph (6) of subdivision (a) of Section
3099  and provided under the jurisdiction of the State
Department of Education, the Board of Governors of the California
Community Colleges, or the Bureau for Private Postsecondary and
Vocational Education  .
   (c) The curriculum committee may grant approval to an educational
provider that presently offers only a partial curriculum if the
educational provider intends in the future to offer, or to cooperate
with other educational providers to offer, a complete curriculum for
the type of certification involved. The curriculum committee may
require an educational provider receiving approval for a partial
curriculum to periodically renew its approval with the curriculum
committee until a complete curriculum is offered and approved. A
partial curriculum means a combination of classes that do not include
all classroom educational components of the complete curriculum for
one of the categories of certification established in accordance with
subdivision (c) of Section 3099.2.
   (d) An educational provider that receives approval for a partial
curriculum must disclose in all communications to students and to the
public that the educational provider has only received approval for
a partial curriculum and shall not make any representations that the
provider offers a complete approved curriculum of classroom
instruction as established by subparagraph (A) of paragraph (6) of
subdivision (a) of Section 3099.
   (e) For purposes of this section, a person is "enrolled" in an
approved curriculum of classroom instruction if the person is
attending classes on a full-time or part-time basis toward the
completion of an approved curriculum.
   (f) Registration under this section shall be renewed annually and
the registrant shall provide to the division certification of the
classwork completed and on-the-job experience acquired since the
prior registration.
   (g) For purposes of verifying the information provided by a person
registered with the division, an educational provider of an approved
curriculum of classroom instruction shall, upon the division's
request, provide the division with information regarding the
enrollment status and instruction completed by a person registered.
By registering with the division in accordance with this section, a
person consents to the release of this information.
   (h) The division shall establish registration fees necessary to
implement this section, not to exceed twenty-five dollars ($25) for
the initial registration. There shall be no fee for annual renewal of
registration. Fees collected are continuously appropriated in an
amount sufficient to administer this section and that amount may be
expended by the division for this purpose.
   (i) The division shall issue regulations to implement this
section.
   (j) For purposes of Section 1773, persons employed pursuant to
this section do not constitute a separate craft, classification, or
type of worker.
   (k) Notwithstanding any other provision of law, an uncertified
person who has completed an approved curriculum of classroom
instruction and is currently registered with the division may take
the certification examination. The person shall be certified upon
passing the examination and satisfactorily completing the requisite
number of on-the-job hours required for certification. A person who
passes the examination prior to completing the requisite hours of
on-the-job experience shall continue to comply with subdivision (f).