BILL ANALYSIS �
SB 56
Page 1
SENATE THIRD READING
SB 56 (Corbett)
As Amended June 20, 2011
Majority vote
SENATE VOTE :25-15
LABOR & EMPLOYMENT 4-2 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Swanson, Allen, Furutani, |Ayes:|Fuentes, Blumenfield, |
| |Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell, Beth Gaines |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
-----------------------------------------------------------------
SUMMARY : Streamlines auditing requirements of the California
Apprenticeship Council. Specifically, this bill :
1)Requires, when an apprenticeship program applies to create a new
program or expand an existing program, the following information to
be submitted to the Chief of the Division of Apprenticeship
Standards (DAS):
a) 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;
b) 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;
c) Evidence that the applicant has, or will obtain, suitable
facilities to train the new apprentices; and,
d) A plan for the recruitment and selection of new apprentices,
SB 56
Page 2
including advertising the new apprenticeship opportunities and
outreach to organizations that promote apprenticeship
opportunities to women and underrepresented minorities.
2)Requires the Chief of DAS to disapprove the application where the
above requirements are not met or are deemed inadequate, as
specified, and set forth a process for an applicant to amend its
application.
3)Eliminates the requirement in existing law that DAS randomly audit
approved apprenticeship programs during each five-year period, and
instead establishes the following new requirements for audits:
a) During an audit, DAS must attempt to contact a statistically
valid sample of apprentices that failed to complete the
apprenticeship program to ascertain the reasons why the
apprentices did not complete the program;
b) DAS is required to give priority in conducting audits to
programs that have been identified as having deficiencies;
c) DAS is required to audit all new or newly expanded
apprenticeship programs one year after the approval of creating
or expanding the program;
d) If DAS finds evidence that information provided to it by a
program has been purposefully misstated, it shall immediately
investigate and determine whether an audit is necessary;
e) If DAS determines that a program has been the subject of two
or more meritorious complaints within a five-year period, it
shall schedule an audit within three months; and,
f) If DAS determines that a program that has had at least two
graduating classes has an annual apprentice completion rate
below 50% of the average completion rate, it shall schedule the
program for an audit within three months.
4)Requires each program to provide each apprentice, on at least a
semiannual basis, a statement showing specified information,
including the total number of hours of training and instruction
completed, and the number of hours required for graduation, and the
apprentice's expected graduation date.
5)Requires programs to report apprentice registration, change of
SB 56
Page 3
address, graduation, and termination data to DAS on a monthly basis
in an electronic format.
FISCAL EFFECT : According to Assembly Appropriations Committee, there
will be minor absorbable costs to DAS to implement the bill. DAS is
currently required to monitor apprenticeship programs, this bill will
lead to DAS prioritizing monitoring.
COMMENTS : Current law requires the DAS to audit apprenticeship
programs every five years to ensure that state standards are being
met and that the apprentices are being safely and appropriately
trained. However, according to DAS's most recent annual report from
2009, there were 680 state-approved apprenticeship programs, making
audit activities difficult.
In place of the current auditing requirements, this bill focuses the
auditing process on programs that are new or newly expanded, as well
as programs that have low graduation rates, prior meritorious
complaints, or have purposefully misstated information to DAS.
This bill also requires new or expanding programs to submit a written
report stating their long-term plans, their ability to meet those
plans, and a recruitment strategy that includes outreach to women and
underrepresented minorities. This bill also establishes monthly
electronic reporting requirements so that DAS can track the progress
of the programs, as well as require reports be given to the
apprentice so he or she can keep track of his or her own progress.
Please see the policy committee analysis for existing law and
additional comments.
Analysis Prepared by : Lorie Erickson / L. & E. / (916) 319-2091
FN: 0001892