HB3476 94TH GENERAL ASSEMBLY

LRB094 09164 RXD 39396 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3476

Introduced 2/23/2005, by Rep. Wyvetter H. Younge

SYNOPSIS AS INTRODUCED:

New Act

Creates the State Apprenticeship and Training Act. Creates the Apprenticeship and Training Council to develop sound apprenticeship training standards and to encourage industry and labor to institute training programs. Establishes the powers and duties of the Council. Provides that the Council shall establish the standards for the certification of the competence of individuals as journeymen in the various building, craft or other skilled trades. Provides that apprenticeship committees may be approved in any trade or group of trades, or in municipalities, regions of the State, or trade areas, by the Council whenever the apprentice training needs of such trade or group of trades in such localities justify such establishment. Provides that certain information shall be contained in an apprenticeship agreement. Provides that the provisions of the Act shall, in regard to apprenticeship and training programs, apply to a person, firm, corporation or craft only after such person, firm, corporation or craft has voluntarily elected to conform with the provisions of the Act.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the State Apprenticeship and Training Act.

Section 5. Legislative findings. Skilled manpower constitutes a great resource in this State. Apprenticeship programs, through supervised training and education, develop skilled craftsmen and help meet the increasing needs for such workers in the State's labor force. The continuing development of skilled manpower is essential for individual self-realization and for an expanding industrial economy. To these ends, it is the declared public policy of the State to develop sound apprenticeship training standards and to encourage industry and labor to institute training programs.

Section 10. Definitions: In this Act:

"Apprenticeship agreement" means (i) an individual written agreement between an employer and an apprentice, (ii) a written agreement between an employer or an association of employers and an organization of employees describing conditions of employment for apprentices, or (iii) a written statement describing conditions of employment for apprentices in a plant or plants where there is no bona fide employee organization.

Section 15. Apprenticeship and Training Council.

(a) The Apprenticeship and Training Council is created to:

(1) encourage and promote the making of apprenticeship agreements conforming to the standards established under this Act;

(2) establish suggested standards for apprenticeship agreements in conformity with the provisions of this Act;

(3) supervise the execution of apprenticeship agreements and maintenance of standards;

(4) register approved apprenticeship agreements, and upon performance, issue certificates of completion of apprenticeship;

(5) settle differences arising out of apprenticeship agreements when such differences cannot be adjusted locally or in accordance with established trade procedure;

(6) terminate or cancel any apprenticeship agreement in accordance with the provisions of such agreement;

(7) encourage and promote the hiring by any trade or group of trades of persons who are on parole, in order to aid in the rehabilitation of such persons;

(8) study and disseminate information on apprenticeship training, trends of employment opportunities in various trades, the impact of technological change on skill levels and requirements, the supply of and needs for skilled manpower, and related matters;

(9) cooperate with the federal government, the State Board of Education, the Department of Commerce and Economic Opportunity, the Department of Labor, the Department of Financial and Professional Regulation, and other agencies, public and private, in the State;

(10) adopt such rules and regulations as may be necessary for the effective administration of this Act; and

(11) perform such other duties as may be necessary to give full effect to the policies of the State and the provisions of this Act.

(b) The Governor shall appoint an Apprenticeship and Training Council composed of 7 persons, 6 of whom shall be selected from employer and employee organizations on an equal basis, and one of whom shall be a person from the general public and serve as the chairman. The Council by majority vote may designate one of its members, other than the chairman, as vice-chairman to act in the absence or inability of the chairman. Each member shall be appointed within 90 days after the effective date of this Act for a term of 3 years. Each member shall hold office until his successor is appointed and qualified, and any vacancy shall be filled by appointment for the unexpired portion of the term. The Superintendent of the State Board of Education, the Director of the Department of Commerce and Economic Opportunity, the Director of the Department of Labor, and the Secretary of the Department of Financial and Professional Regulation shall be ex officio members of the Council. The members of the Council shall be entitled to compensation at a rate of $60 a day for each meeting called by the chairman and shall be reimbursed for transportation and other expenses actually and necessarily incurred in the performance of their duties under this Act. The Council shall appoint an executive secretary who shall be in charge of apprentice training and who shall act as secretary of the Council and of apprenticeship committees. The executive secretary shall be authorized to appoint such clerical, technical and professional assistants as necessary to effectuate the purposes of this Act. The personnel appointed under this Act shall receive an annual compensation to be fixed by the Council within the amount provided by appropriation.

(c) The Council shall:

(1) advise the Governor on apprentice training matters, including the matters of related and supplemental instruction;

(2) recommend suggested standards for apprenticeship agreements;

(3) maintain a close and effective liaison with governmental and nongovernmental agencies which are concerned with skilled manpower development and problems;

(4) recommend research projects on facts and trends relating to apprenticeship training and the supply of and needs for skilled manpower; and

(5) coordinate related and supplemental instruction for apprentices with job experience and select teachers and coordinators for such instruction.

(d) The Council is authorized and directed, in conjunction with the State Board of Education, the Department of Commerce and Economic Opportunity, the Department of Labor, and the Department of Financial and Professional Regulation, to formulate and promote apprenticeship programs funded solely by State appropriation, for individuals not otherwise eligible for training under this Act. In order to develop such programs, the Council shall have all such powers and duties provided by this Act and shall have the authority to pattern apprenticeship and training programs after those otherwise established under this Act.

(f) Within 180 days after the effective date of this Act, the Council shall establish by rule, in cooperation with the Department of Financial and Professional Regulation, standards for the certification of the competence of individuals as journeymen in the various building, craft or other skilled trades. Upon compliance with the provisions of the Illinois Administrative Procedure Act, the Council shall have the authority to issue certificates of competence to individuals or journeymen in any of the skilled trades. The standards promulgated by the Council shall emphasize demonstrated ability and competence by providing for uniform and comprehensive examinations which will test the individual's knowledge, qualifications and manual skills in the various skilled trades, and his or her knowledge of minimum building code standards if germane to the trade for which the individual is examined.

Section 20. Apprenticeship committees. Apprenticeship committees may be approved in any trade or group of trades, or in municipalities, regions of the State or trade areas, by the Council whenever the apprentice training needs of such trade or group of trades in such localities justify such establishment. The apprenticeship committees shall be composed of an equal number of employer and employee representatives chosen from names submitted by the respective local or State employer and employee organizations in such trade or group of trades, and such additional members representing local boards of education or other educational agencies as may be deemed advisable. In a trade or group of trades in which there is no bona fide employer or employee organization the committee shall be composed of persons known to represent the interests of employers and of employees respectively, or the Council may act as the committee in such trade or group of trades. Subject to the review of the Council, such committees may devise standards for apprenticeship agreements and give such aid as may be necessary in their operation, in their respective trades and localities.

Section 25. Apprenticeship agreements. Apprenticeship agreements shall contain the following:

(1) A statement of the trade or craft to be taught and the required hours for completion of apprenticeship which shall be not be less than 4000 hours of reasonably continuous employment;

(2) A statement of the processes in the trade or craft divisions in which the apprentice is to be taught and the approximate amount of time to be spent at each process;

(3) A statement of the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction shall not be less than 144 hours per year;

(4) A statement that apprentices shall not be under the age of 16;

(5) A provision that apprentices shall be selected on the basis of qualifications alone, as determined by objective criteria which permit review, and without any direct or indirect limitation, specification or discrimination as to sex, race, creed, color or national origin;

(6) A statement of the progressively increasing scale of wages to be paid the apprentice;

(7) A provision for a period of probation during which the Council shall be directed to terminate an apprenticeship agreement, at the request in writing, of any party to the agreement. After the probationary period the Council shall be empowered to terminate the registration of an apprentice upon agreement of the parties;

(8) A provision that the services of the Department of Labor may be utilized for consultation regarding the settlement of differences arising out of the apprenticeship agreement where such differences cannot be adjusted locally or in accordance with the established trade procedure;

(9) A provision that if an employer is unable to fulfill his or her obligation under the apprenticeship agreement he or she may transfer such obligation to another employer; and

(10) Such additional standards as may be prescribed under this Act.

Section 30. Application. The provisions of this Act shall, in regard to apprenticeship and training programs, apply to a person, firm, corporation or craft only after such person, firm, corporation or craft has voluntarily elected to conform with the provisions of this Act.