BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 56|
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THIRD READING
Bill No: SB 56
Author: Corbett (D)
Amended: As introduced
Vote: 21
SENATE LABOR & INDUST. RELATIONS COMMITTEE : 4-2, 3/9/11
AYES: Lieu, DeSaulnier, Leno, Yee
NOES: Wyland, Runner
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Apprenticeship oversight
SOURCE : State Buildings and Construction Trades Council
DIGEST : This bill streamlines auditing requirements and
limits duplicative organizational membership on the
California Apprenticeship Council.
ANALYSIS : Existing law provides a framework for
promoting and developing apprenticeship training through
the California Apprenticeship Council (CAC) and the
Division of Apprenticeship Standards (DAS) within the
Department of Industrial Relations (DIR). DAS enforces
apprenticeship standards for, among other things, working
conditions, classroom instruction and the specific skills
required for state certification as a journeyperson in an
apprentice occupation.
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Existing law requires that all apprenticeship programs be
approved by the Chief of the DAS (Chief). Existing law
empowers the Chief to approve apprenticeship programs in
any trade anywhere in the state, including cities and trade
areas, if the apprentice training needs justify the
creation of a program. However, in order for the Chief to
approve an apprenticeship program in the building and
construction trades, specific conditions must be met.
Existing law requires that the CAC be composed of:
Six representatives from employers or employer
organizations, appointed by the Governor, that sponsor
apprenticeship programs;
Six representatives from employee organizations,
appointed by the Governor, that sponsor apprenticeship
programs;
Two members from the general public, appointed by the
Governor;
The Director of the DIR, or his/her permanent and best
qualified appointee;
The Superintendent of Public Instruction, or his/her
permanent and best qualified appointee; and
The Chancellor of the Community Colleges, or his/ her
permanent and best qualified appointee.
Existing law requires that the DAS randomly audit
apprenticeship programs every five years to ensure that:
The programs are complying with Division standards;
All on-the-job training is supervised by a journeyperson;
All related and supplemental instruction required is
being provided;
All work processes are being covered in the program; and
The graduates of the program have completed the
apprenticeship program's requirements.
This bill requires that no two representatives of the six
representatives from employee organizations on the CAC
shall be from the same national or international labor
organization.
This bill requires that the following information be
submitted to the Chief when applying to create a new
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program or expand an existing program:
1. A written plan that sets out the number of new
apprentices the applicant seeks to enroll during the
next five years, including the applicant's budget for
training the new apprentices and a detailed explanation
of how the applicant intends to provide sufficient
funding to meet that budget.
2. Evidence that the applicant has obtained sufficient
commitments from employers to employ the new apprentices
so as to ensure, to the extent feasible, that the new
apprentices will be employed continuously throughout the
term of the apprenticeship.
3. Evidence that the applicant has suitable facilities to
train the new apprentices, including a copy of any lease
for those facilities.
4. A plan for the recruitment and selection of new
apprentices, including advertising the new
apprenticeship opportunities and outreach to
organizations that promote apprenticeship opportunities
to women and underrepresented minorities.
This bill removes the requirement of the DAS to audit
apprenticeship programs every five years. This bill
creates the following new requirements for audits:
1. During an audit, the DAS must attempt to contact a
statistically valid sample of apprentices that failed to
complete the apprentice program to ascertain the reasons
why the apprentices did not complete the program.
2. The DAS is required to give priority in conducting
audits to programs that have been identified as having
deficiencies.
3. The DAS is required to audit all new or newly expanded
apprenticeship programs one year after the approval of
creating or expanding the program.
4. If the DAS finds evidence that the apprenticeship
program has purposefully misstated information to the
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DAS, the DAS must immediately investigate and determine
if an audit is necessary.
5. If the DAS determines that a building and construction
trades apprenticeship program has been the subject of
two or more meritorious complaints within a five-year
period, the DAS must schedule an audit within three
months.
6. If the DAS determines that a building and construction
trades apprenticeship program has had at least two
graduating classes with an annual apprentice completion
rate below 50 percent of the average completion rate for
an applicable trade, the DAS must schedule an audit
within three months.
This bill requires that all building and construction
trades apprenticeship programs provide each apprentice with
a semi-annual statement showing the number of hours of
on-the-job and supplemental instruction needed for
graduation, and the apprentice's expected graduation date.
This bill requires that every building and construction
trades apprenticeship program submit to the DAS data on
apprentice registration, change of address, graduation, and
termination in a monthly statement in an electronic format
acceptable to the DAS.
Prior Legislation
SB 1397 (Corbett), 2009-10 Session, was identical to this
bill. It was vetoed by Governor Schwarzenegger because the
bill "imposes new requirements on new or expanding programs
without subjecting existing programs to the same level of
scrutiny" and did not address the "needs-based" conditions
for apprenticeship program approval.
AB 734 (Evans), 2007-08 Session, was nearly identical to
this bill. It was vetoed by Governor Schwarzenegger for
similar reason discussed above.
AB 947 (Niello), 2007-08 Session, would have removed the
"needs-based" conditions from the approval of
apprenticeship programs. The first policy committee
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hearing for the bill was cancelled at the author's request.
AB 2929 (Laird), 2005-06 Session, contained language on the
auditing of apprenticeship programs that was very similar
to AB 734. It was vetoed by Governor Schwarzenegger
because it did not address the "needs-based" conditions for
approving an apprenticeship program in the building and
construction trades.
AB 51 (Koretz), 2005-06 Session, which was similar to AB
2837 (discussed below), was vetoed by Governor
Schwarzenegger because he did not feel that there was
"compelling evidence that would warrant the extensive
reporting requirements" in the bill.
AB 2837 (Firebaugh), 2003-04 Session, would have, among
other things, required any building and construction trades
apprenticeship program to graduate at least one apprentice
within a two-year period in order to be eligible to receive
state reimbursement. It was vetoed by Governor
Schwarzenegger, as he viewed the bill as unnecessary in
view of the Labor and Workforce Development Agency's
development of quality control measures for apprenticeship
programs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/8/11)
State Buildings and Construction Trades Council (source)
American Federation of State, County, and Municipal
Employees, AFL-CIO
California Labor Federation, AFL-CIO
ARGUMENTS IN SUPPORT : Proponents argue that this bill is
necessary because the DAS should be given the tools to
strengthen oversight and make apprenticeship programs
better. With the State of California spending almost $31
million annually on apprenticeship training, and private
industry and labor contributing an additional $120 million
annually in the construction industry alone, proponents
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argue that it is important that we know how this
substantial Proponents believe that this bill establishes
basic guidelines for the approval or expansion of
apprenticeship programs. Under its provisions, the
applicant would submit a written plan that includes
evidence of suitable facilities, the selection criteria and
recruitment plans for apprentice applicants, an estimate of
the number of apprentices for enrollment, and employer
commitments for on-the-job training and employment.
PQ:kc 4/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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