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Arkansas Senate Bill SB390

Arkansas 2025 Regular Session

Arkansas Senate Bill SB390 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 390 3
66 4
77 By: Senator J. English 5
88 By: Representative Lundstrum 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO ESTABLISH THE STATE APPRENTICESHIP AGENCY 9
1212 ACT; AND FOR OTHER PURPOSES. 10
1313 11
1414 12
1515 Subtitle 13
1616 TO ESTABLISH THE STATE APPRENTICESHIP 14
1717 AGENCY ACT. 15
1818 16
1919 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
2020 18
2121 SECTION 1. Arkansas Code § 6 -50-503(c)(2), concerning the 19
2222 responsibility for the selection of industries and occupations related to 20
2323 work-based training programs, is amended to read as follows: 21
2424 (2) The division, the Arkansas Apprenticeship Coordination 22
2525 Steering Committee, the Office of Skills Development, and local sites shall 23
2626 take joint responsibility for identifying the industries and occupations 24
2727 selected in subdivision (c)(1) of this section. 25
2828 26
2929 SECTION 2. Arkansas Code Title 6, Chapter 52, Subchapter 2, is 27
3030 repealed. 28
3131 Subchapter 2 — Apprenticeship Training Programs 29
3232 30
3333 6-52-201. Definitions. 31
3434 In this subchapter: 32
3535 (1) “Apprenticeship training program” means a training program that 33
3636 provides on-the-job training, supplementary instruction, or related 34
3737 instruction in a trade or occupation that has been certified as an 35
3838 apprenticeable occupation by the United States Office of Apprenticeship; 36 SB390
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4141 (2)(A) “Pre-apprenticeship” means programs that provide 1
4242 instruction or training to increase math, literacy, and other vocational and 2
4343 prevocational skills needed to enter a registered apprenticeship program. 3
4444 (B) “Pre-apprenticeship” programs are not: 4
4545 (i) Registered with the United States Department of 5
4646 Labor during the term of the pre -apprenticeship training; or 6
4747 (ii) Federally vetted, but a high -quality pre-7
4848 apprenticeship should have a minimum of one (1) registered apprenticeship 8
4949 partner or a strong relationship with at least one (1) apprenticeship 9
5050 program, feature training and curriculum that aligns with that program, and 10
5151 include a wide range of support services designed specifically to help 11
5252 participants succeed; 12
5353 (3) “Program sponsor” means any person, association, committee, 13
5454 business, or organization operating an apprenticeship program and in whose 14
5555 name the program is registered or is in the process of registration by the 15
5656 United States Office of Apprenticeship; 16
5757 (4) “Related instruction” means organized off -the-job 17
5858 instruction in theoretical or technical subjects required for the completion 18
5959 of an apprenticeship program for a particular apprenticeable trade; 19
6060 (5) “Supplementary instruction” means a course of instruction 20
6161 for persons employed as journeymen craftsmen in an apprenticeable trade that 21
6262 is designed to provide new skills or upgrade current skills; and 22
6363 (6) “Youth apprenticeship” means a registered apprenticeship 23
6464 program that has been validated by the United States Department of Labor or a 24
6565 state apprenticeship agency serving individuals between sixteen (16) and 25
6666 twenty-four (24) years of age and is sponsored by employers, labor management 26
6767 organizations, or other organizations. 27
6868 28
6969 6-52-202. Applicability. 29
7070 The provisions of this subchapter apply only to those apprenticeship 30
7171 training programs which receive state funds pursuant to the provisions of § 31
7272 6-52-207. 32
7373 33
7474 6-52-203. Rules. 34
7575 The Office of Skills Development and the Arkansas Apprenticeship 35
7676 Coordination Steering Committee shall promulgate rules necessary to implement 36 SB390
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7979 the provisions of this subchapter. 1
8080 2
8181 6-52-204. Arkansas Apprenticeship Coordination Steering Committee. 3
8282 (a)(1) The Governor shall appoint an Arkansas Apprenticeship 4
8383 Coordination Steering Committee composed of members with the following 5
8484 qualifications: 6
8585 (A) One (1) member representing employer organizations; 7
8686 (B) One (1) member representing labor unions or bargaining 8
8787 agents for members of apprenticeable trades; 9
8888 (C) One (1) member representing the minority and female 10
8989 workforce who have knowledge of apprenticeship and are familiar with the 11
9090 needs of vocational and technical education; 12
9191 (D) Two (2) members who teach or immediately supervise 13
9292 supplementary instruction or related instruction courses; 14
9393 (E) Three (3) members representing employers who are 15
9494 actively utilizing registered apprenticeship who have knowledge of 16
9595 apprenticeship and are familiar with the needs of vocational and technical 17
9696 education; 18
9797 (F) One (1) member representing the Division of Career and 19
9898 Technical Education who has knowledge of apprenticeship and is familiar with 20
9999 the needs of vocational and technical education; 21
100100 (G) One (1) member representing a state supported two -year 22
101101 or four-year institution of higher education who has knowledge of 23
102102 apprenticeship and is familiar with the needs of vocational and technical 24
103103 education; 25
104104 (H) One (1) member representing the Arkansas Workforce 26
105105 Innovation and Opportunity Act, § 15 -4-3701 et seq., workforce system who has 27
106106 knowledge of apprenticeship and is familiar with the needs of vocational and 28
107107 technical education; and 29
108108 (I) One (1) member representing the Office of Skills 30
109109 Development. 31
110110 (2) Members of the committee shall serve terms of four (4) 32
111111 years. 33
112112 (3) Vacancies shall be filled for the unexpired portion of a 34
113113 term vacated. 35
114114 (4) The Governor shall consult the Office of Skills Development 36 SB390
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117117 before making an appointment under this subsection. 1
118118 (5) Appointments made by the Governor under this subsection 2
119119 shall be subject to confirmation by the Senate. 3
120120 (b) Advisory members of the committee shall include the following: 4
121121 (1) Two (2) persons designated by the Office of Skills 5
122122 Development; and 6
123123 (2) One (1) person designated by and representing the United 7
124124 States Office of Apprenticeship. 8
125125 9
126126 6-52-205. Arkansas Apprenticeship Coordination Steering Committee — 10
127127 Duties. 11
128128 (a) The Arkansas Apprenticeship Coordination Steering Committee shall 12
129129 recommend to the Career Education and Workforce Development Board a statewide 13
130130 plan for the development of a comprehensive program of apprenticeship 14
131131 training that shall include but not be limited to the following: 15
132132 (1) Formulas and administrative procedures to be used in 16
133133 requesting appropriations of state funds for apprenticeship training and 17
134134 apprenticeship expansion efforts; 18
135135 (2) Forms, formulas, and administrative procedures to be used in 19
136136 distributing available funds to apprenticeship training programs and 20
137137 apprenticeship expansion efforts; and 21
138138 (3) The content and method of the public notice required by this 22
139139 subchapter. 23
140140 (b)(1) The Office of Skills Development shall furnish the committee 24
141141 with the current data necessary to develop the plan. 25
142142 (2) All state boards and agencies shall cooperate with the 26
143143 committee and shall furnish information and material on request. 27
144144 (c) Pursuant to this section, the reporting procedures shall be 28
145145 included in the state plan for apprenticeship. 29
146146 30
147147 6-52-206. Recommendations. 31
148148 (a) Recommendations of the Arkansas Apprenticeship Coordination 32
149149 Steering Committee submitted to the Office of Skills Development must be 33
150150 acted on and either accepted or rejected. 34
151151 (b) A recommendation which is rejected must be returned immediately to 35
152152 the committee, accompanied by written notice of the reasons for rejecting the 36 SB390
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155155 recommendation. 1
156156 2
157157 6-52-207. Training programs generally. 3
158158 (a) Under this subchapter, the Director of the Office of Skills 4
159159 Development shall allocate state funds for the support of apprenticeship 5
160160 training programs that meet the criteria stated in this subchapter. 6
161161 (b) An apprenticeship training program may be cosponsored by a public 7
162162 school district, an education service cooperative, a state postsecondary 8
163163 institution, a vocational -technical school, or a two -year community college 9
164164 pursuant to a contract between the district or institution and an 10
165165 apprenticeship program sponsor. 11
166166 (c) An apprenticeship training program shall be under the direction of 12
167167 an apprenticeship coordinator appointed by an apprenticeship program sponsor 13
168168 who shall perform the duties stated in § 6 -52-208. 14
169169 (d)(1) Each apprentice participating in an apprenticeship training 15
170170 program shall be given a written apprenticeship agreement by an 16
171171 apprenticeship program sponsor stating the standards and conditions of his or 17
172172 her employment and training. 18
173173 (2) The apprenticeship agreements are furnished by the United 19
174174 States Office of Apprenticeship. 20
175175 (e)(1) An apprentice shall not be charged tuition or fees by a public 21
176176 school district or state postsecondary institution. 22
177177 (2)(A) However, an administrative fee may be charged to cover 23
178178 the costs of processing the records of an apprentice. 24
179179 (B) The fee allowed under subdivision (e)(2)(A) of this 25
180180 section shall not exceed twenty -five dollars ($25.00) for each course in 26
181181 which the apprentice is enrolled. 27
182182 (3) The apprentice or an apprenticeship program sponsor may be 28
183183 required to furnish books and special equipment. 29
184184 (f)(1) Funding for an apprenticeship training program, in addition to 30
185185 any other money available, shall be based on: 31
186186 (A) Allocation of funds to an apprenticeship program 32
187187 sponsor by the Office of Skills Development, as referred to in subsection (a) 33
188188 of this section; or 34
189189 (B) Terms of a contract between an apprenticeship program 35
190190 sponsor and a cosponsor, as referred to in subsection (b) of this section. 36 SB390
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193193 (2) An apprenticeship program sponsor may charge an apprentice 1
194194 or the employer of the apprentice tuition and fees to cover administrative 2
195195 costs incurred while the apprentice is registered with the apprenticeship 3
196196 program sponsor. 4
197197 (g) The terms of the contract referred to in subsection (b) of this 5
198198 section shall require without limitation the following in order to 6
199199 effectively administer the apprenticeship training program in a manner 7
200200 consistent with the public's need for skilled workers and the apprentice's 8
201201 need for marketable skills in apprenticeable occupations: 9
202202 (1) Adequate facilities; 10
203203 (2) Personnel; and 11
204204 (3) Resources. 12
205205 (h) An apprenticeship training program shall be registered with the 13
206206 United States Office of Apprenticeship and the Office of Skills Development. 14
207207 15
208208 6-52-208. Duties of apprenticeship program sponsors. 16
209209 (a) The apprenticeship program sponsor of each apprenticeship training 17
210210 program shall: 18
211211 (1) Establish standards and goals for supplementary instruction 19
212212 and related instruction for apprentices in the program; 20
213213 (2) Establish rules governing the on -the-job training and other 21
214214 instruction for apprentices in the program; 22
215215 (3) Plan and organize instructional materials designed to 23
216216 provide technical and theoretical knowledge and basic skills required by 24
217217 apprentices in the program; 25
218218 (4) Recommend qualified instructors for the program; 26
219219 (5) Monitor and evaluate the performance and progress of each 27
220220 apprentice in the program and the program as a whole; and 28
221221 (6) Interview applicants and select those most qualified for 29
222222 entrance into the program. 30
223223 (b) A program must provide for the keeping of records of the on -the-31
224224 job training and progress of each apprentice. 32
225225 (c) A program must require instructors to maintain recommended 33
226226 qualifications. 34
227227 (d) A program must perform any other duties which promote the goals of 35
228228 individual apprentices and of the program as a whole. 36 SB390
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231231 (e)(1) An apprenticeship program sponsor shall provide the names of 1
232232 the employers who enroll apprentices into the program to the Office of Skills 2
233233 Development on or before September 1 of each fiscal year. 3
234234 (2) The office shall not publish the names of the employers who 4
235235 have enrolled apprentices, nor use the employer names for a purpose other 5
236236 than program administration and research, unless approved by the employer. 6
237237 (3) The names of employers provided by apprenticeship program 7
238238 sponsors under this subsection shall be exempt from the Freedom of 8
239239 Information Act of 1967, § 25 -19-101 et seq. 9
240240 10
241241 SECTION 3. Arkansas Code Title 6, Chapter 52, is amended to add an 11
242242 additional subchapter to read as follows: 12
243243 Subchapter 3 — State Apprenticeship Agency Act 13
244244 14
245245 6-52-301. Title. 15
246246 This subchapter shall be known and may be cited as the "State 16
247247 Apprenticeship Agency Act". 17
248248 18
249249 6-52-302. Definitions. 19
250250 As used in this subchapter: 20
251251 (1) "Apprentice" means a worker who is: 21
252252 (A) At least sixteen (16) years of age; and 22
253253 (B) Employed to learn an apprenticeable occupation or 23
254254 trade as defined in 29 C.F.R. § 29.4; 24
255255 (2) "Apprenticeship" means a program for the recruitment, 25
256256 selection, employment, and training of apprentices that is developed under 29 26
257257 C.F.R. §§ 29 and 30 and the rules of the State Apprenticeship Agency; 27
258258 (3) "Apprenticeship agreement" means a written agreement between 28
259259 an apprentice and a sponsor that contains the terms and conditions of the 29
260260 apprentice's employment and training consistent with 29 C.F.R. § 29.7 and 30
261261 this subchapter; 31
262262 (4) "Cancellation" means the termination of: 32
263263 (A) The registration of a pre -apprenticeship or 33
264264 apprenticeship at the request of the sponsor; or 34
265265 (B) An apprenticeship agreement at the request of the 35
266266 apprentice; 36 SB390
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269269 (5) "Deregistration" means the termination of the registration 1
270270 of a pre-apprenticeship or apprenticeship by the State Apprenticeship Agency; 2
271271 (6) "Employer" means a person employing an apprentice; 3
272272 (7) "On-the-job training" means training that is: 4
273273 (A) Provided to a paid apprentice who is engaged in 5
274274 productive work in an occupation when the work provides knowledge or skills 6
275275 essential to the full and adequate performance of the occupation; and 7
276276 (B) Limited in duration as appropriate to the occupation 8
277277 for which the apprentice is being trained based on the content of the 9
278278 training and the apprentice's prior work experience; 10
279279 (8) "Pre-apprenticeship" means a program or set of services 11
280280 recognized by the State Apprenticeship Agency for state purposes, in 12
281281 partnership with a registered apprenticeship program, designed to prepare 13
282282 individuals to enter and succeed in a registered apprenticeship program; 14
283283 (9)(A) "Related technical instruction" means an organized and 15
284284 systematic form of instruction designed to provide an apprentice with 16
285285 knowledge of the theoretical and technical subjects related to his or her 17
286286 trade or occupation approved by the State Apprenticeship Agency. 18
287287 (B) "Related technical instruction" includes instruction 19
288288 that is provided: 20
289289 (i) In a classroom; 21
290290 (ii) Through occupation or industrial courses; 22
291291 (iii) By correspondence courses; 23
292292 (iv) Through electronic media; or 24
293293 (v) Through other forms of self -study; and 25
294294 (10) "Sponsor" means a person, association, committee, business, 26
295295 state agency, or organization operating an apprenticeship or a pre -27
296296 apprenticeship program and in whose name the apprenticeship or pre -28
297297 apprenticeship program is or is to be registered or approved. 29
298298 30
299299 6-52-303. Creation of State Apprenticeship Agency. 31
300300 (a) There is created the State Apprenticeship Agency within the Office 32
301301 of Skills Development in accordance with 29 U.S.C. § 50 and 29 C.F.R. §§ 29 33
302302 and 30 to: 34
303303 (1) Serve as the state registration agency for apprenticeship 35
304304 programs; 36 SB390
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307307 (2) Establish rules regarding the registration of pre -1
308308 apprenticeships, apprenticeships, and apprentices; and 2
309309 (3) Resolve disputes between parties to an apprenticeship 3
310310 agreement. 4
311311 (b)(1) The agency shall be under the direction of the Director of the 5
312312 Office of Skills Development. 6
313313 (2) The director may appoint a deputy director for the agency 7
314314 who shall: 8
315315 (A) Serve at the pleasure of the director; 9
316316 (B) Manage the agency; and 10
317317 (C) Perform duties as necessary to effectuate the intent 11
318318 of this subchapter. 12
319319 (c) By December 31, 2025, the director shall submit an application to 13
320320 the Administrator of the United States Office of Apprenticeship to be 14
321321 recognized as the state apprenticeship agency that shall comply with 15
322322 applicable federal law. 16
323323 (d) The duties created in this section are in addition to the duties 17
324324 established for the Office of Skills Development under § 25 -30-102. 18
325325 19
326326 6-52-304. Rules. 20
327327 (a) The Office of Skills Development shall promulgate rules necessary 21
328328 to implement this subchapter, including without limitation rules addressing 22
329329 the registration, degregistration, cancellation, and reinstatement of pre -23
330330 apprenticeships, apprenticeships, and apprentices. 24
331331 (b) A rule promulgated under this subchapter shall conform to the 25
332332 registered apprenticeship regulations under 29 C.F.R. §§ 29 and 30. 26
333333 27
334334 6-52-305. Duties. 28
335335 (a) The State Apprenticeship Agency shall develop a nationally 29
336336 recognized state apprenticeship completion credential, as described in 29 30
337337 C.F.R. § 29.5, for completing a registered apprenticeship program. 31
338338 (b) The agency may register apprenticeship programs that are mandated 32
339339 by state or federal law as a result of the sponsor receiving funds or 33
340340 resources from the state or funds or resources from the United States 34
341341 Government that require the creation of an apprenticeship program in 35
342342 accordance with a federal grant administered by this state. 36 SB390
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345345 (c)(1) The Director of the Office of Skills Development may promulgate 1
346346 rules on behalf of the agency as necessary to effectuate the intent of this 2
347347 subchapter under § 25 -30-102(a)(9). 3
348348 (2) A rule promulgated under this subchapter shall conform to 4
349349 the registered apprenticeship regulations under 29 C.F.R. §§ 29 and 30. 5
350350 (d)(1) The director or the Deputy Director of the State Apprenticeship 6
351351 Agency shall allocate state funds for the support of apprenticeship training 7
352352 programs. 8
353353 (2) Funding for an apprenticeship training program, in addition 9
354354 to any other moneys available, shall be based on the allocation of funds to 10
355355 an apprenticeship program sponsor by the agency. 11
356356 12
357357 6-52-306. Registration of apprenticeship program. 13
358358 (a) A sponsor may apply to register an apprenticeship program with the 14
359359 State Apprenticeship Agency. 15
360360 (b) A registered apprenticeship program shall include without 16
361361 limitation: 17
362362 (1) On-the-job training from an employer; 18
363363 (2) Related technical instruction; and 19
364364 (3) The opportunity for an apprentice to earn a portable, 20
365365 nationally-recognized industry credential. 21
366366 (c) A sponsor of a registered pre -apprenticeship or registered 22
367367 apprenticeship is responsible for the administration and supervision of on -23
368368 the-job training and related technical instruction for each apprentice in the 24
369369 registered pre-apprenticeship or registered apprenticeship. 25
370370 26
371371 6-52-307. Arkansas Apprenticeship Council — Duties. 27
372372 (a) There is established the Arkansas Apprenticeship Council to be an 28
373373 advisory council composed of individuals representing employer organizations 29
374374 and employee organizations who: 30
375375 (1) Have operational experience of registered apprenticeship 31
376376 programs; or 32
377377 (2) Employ registered apprentices. 33
378378 (b) The Governor shall appoint the members of the council who shall 34
379379 have the following qualifications: 35
380380 (1) Two (2) members representing employer organizations; 36 SB390
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383383 (2) Two (2) members representing employee organizations; and 1
384384 (3) Three (3) members representing the public who: 2
385385 (A) Have operational experience of registered 3
386386 apprenticeship programs; or 4
387387 (B) Employ registered apprentices. 5
388388 (c) A member of the council shall serve a term of four (4) years. 6
389389 (d) A vacancy shall be filled by the Governor for the unexpired 7
390390 portion of the vacated term. 8
391391 (e)(1) The Governor shall consult the Office of Skills Development 9
392392 before making an appointment under this section. 10
393393 (2) A majority of the members of the council shall represent the 11
394394 construction industry. 12
395395 (f) The council shall meet at least four (4) times in a fiscal year. 13
396396 (g) The council shall: 14
397397 (1) Advise the State Apprenticeship Agency regarding duties 15
398398 under § 6-52-305; 16
399399 (2) Provide community outreach and education regarding the 17
400400 benefits of apprenticeship; 18
401401 (3) Establish approved training methods for the operation of 19
402402 apprenticeship programs in Arkansas; 20
403403 (4) Establish enforcement actions for apprenticeship program 21
404404 sponsors that are not operating in accordance with the rules of Arkansas 22
405405 Registered Apprenticeship Programs; and 23
406406 (5) Establish journeyman -to-apprentice ratios. 24
407407 25
408408 SECTION 4. Arkansas Code § 6 -55-104(b), concerning administration of 26
409409 the Arkansas Construction Industry Craft Training Program, is amended to read 27
410410 as follows: 28
411411 (b) The program will be administered by the Office of Skills 29
412412 Development in collaboration with the Arkansas Apprenticeship Coordination 30
413413 Steering Committee created by § 6 -52-204. 31
414414 32
415415 SECTION 5. Arkansas Code § 6 -55-105 is amended to read as follows: 33
416416 6-55-105. Program plan. 34
417417 In addition to the duties of the Arkansas Apprenticeship Coordination 35
418418 Steering Committee Office of Skills Development contained in § 6-52-205 under 36 SB390
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421421 § 6-52-305, the committee office is authorized to develop a plan for the 1
422422 Arkansas Construction Industry Craft Training Program which shall include, 2
423423 but not be limited to , including without limitation the following: 3
424424 (1) Formulas and administrative procedures to be used in 4
425425 requesting appropriations of state funds for the program Arkansas 5
426426 Construction Industry Craft Training Program ; 6
427427 (2) Forms, formulas, and administrative procedures to be used in 7
428428 distributing funds to construction craft training programs; and 8
429429 (3) Other administrative procedures or rules as may be necessary 9
430430 for the equitable and efficient operation of the program Arkansas 10
431431 Construction Industry Craft Training Program . 11
432432 12
433433 SECTION 6. Arkansas Code § 6-55-107(d), concerning the expenditure of 13
434434 moneys from the Arkansas Construction Industry Craft Training Trust Fund, is 14
435435 amended to read as follows: 15
436436 (d) Upon the recommendation of the Arkansas Apprenticeship 16
437437 Coordination Steering Committee, the The Office of Skills Development shall 17
438438 expend the moneys in the fund from time to time to support the training 18
439439 program prescribed in this chapter. 19
440440 20
441441 SECTION 7. Arkansas Code § 6 -55-108 is amended to read as follows: 21
442442 6-55-108. Rules. 22
443443 The Office of Skills Development and the Arkansas Apprenticeship 23
444444 Coordination Steering Committee shall promulgate rules necessary to implement 24
445445 the provisions of this chapter. 25
446446 26
447447 SECTION 8. Arkansas Code § 19 -5-1114(b)(2), concerning the 27
448448 administration of the Arkansas Construction Industry Craft Training Trust 28
449449 Fund, is amended to read as follows: 29
450450 (2) The fund shall be used to support training programs set out 30
451451 in The Arkansas Construction Industry Craft Training Act, § 6 -55-101 et seq., 31
452452 administered by the Office of Skills Development and the Arkansas 32
453453 Apprenticeship Coordination Steering Committee . 33
454454 34
455455 SECTION 9. Arkansas Code § 25 -16-903(55), concerning certain state 35
456456 boards that are authorized to provide a sixty dollar stipend by majority vote 36 SB390
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459459 of each state board's membership, is repealed. 1
460460 (55) Arkansas Apprenticeship Coordination Steering Committee; 2
461461 3
462462 SECTION 10. Arkansas Code § 25-16-903, concerning certain state boards 4
463463 that are authorized to provide a sixty dollar stipend by majority vote of 5
464464 each state board's membership, is amended to add an additional subdivision to 6
465465 read as follows: 7
466466 (64) Arkansas Apprenticeship Council. 8
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