39 | 35 | | SENATE SPONSORSHIP |
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40 | 36 | | Sullivan, |
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41 | 37 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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42 | 38 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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43 | 39 | | Dashes through the words or numbers indicate deletions from existing law. applicable board of the termination of the employment no later than 30 |
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44 | 40 | | days after the termination of the employment. |
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45 | 41 | | On and after January 1, 2027, an employer is also required to |
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46 | 42 | | renew an apprentice's registration with the employer's board at least once |
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47 | 43 | | every 12 months. The employer must provide specified information to the |
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48 | 44 | | board when renewing the apprentice's registration. The board may charge |
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49 | 45 | | a registration fee to pay for the costs of maintaining an apprenticeship |
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50 | 46 | | registration database. |
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51 | 47 | | An employer is prohibited from registering an apprentice's |
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52 | 48 | | registration with a board unless the apprentice is enrolled in an |
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53 | 49 | | apprenticeship program training the apprentice for an occupation |
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54 | 50 | | officially recognized by the United States department of labor as an |
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55 | 51 | | electrical occupation for an electrical apprenticeship or a plumbing |
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56 | 52 | | occupation for a plumbing apprenticeship. Each calendar quarter, the state |
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57 | 53 | | apprenticeship agency shall publish a list of the apprenticeship programs |
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58 | 54 | | that train apprentices for an occupation officially recognized by the |
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59 | 55 | | United States department of labor as an electrical occupation or a |
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60 | 56 | | plumbing occupation. |
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61 | 57 | | On or before July 1, 2026, the bill requires the state apprenticeship |
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62 | 58 | | agency and the department of regulatory agencies to establish |
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63 | 59 | | data-sharing agreements and policies to enable the entities to determine |
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64 | 60 | | if there are apprentices registered with a board who are enrolled to be |
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65 | 61 | | trained for occupations other than electrical or plumbing occupations and |
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66 | 62 | | who are therefore ineligible for registration with the board. If the board |
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67 | 63 | | cannot verify that an apprentice is eligible to be registered as an |
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68 | 64 | | apprentice within 30 days after notice of noncompliance, the board shall |
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69 | 65 | | remove the apprentice's registration with the board, and the noncompliant |
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70 | 66 | | apprentice shall not perform work as a plumbing or electrical apprentice |
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71 | 67 | | in the state. |
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72 | 68 | | An employer of an electrical apprentice may authorize the |
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73 | 69 | | electrical apprentice to take the residential wireman's license examination |
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74 | 70 | | instead of the journeyman electrician license examination if: |
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75 | 71 | | ! The employer determines that the relevant practical |
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76 | 72 | | experience of the apprentice is best suited to pursue the |
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77 | 73 | | residential wireman's license instead of a journeyman |
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78 | 74 | | electrician license; or |
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79 | 75 | | ! The employer determines that the apprentice would be |
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80 | 76 | | more likely to achieve an electrical license by pursuing a |
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81 | 77 | | residential wireman's license. |
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82 | 78 | | If an electrical apprentice has failed to pass a license examination |
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83 | 79 | | in 2 consecutive 3-year periods, the apprentice may request an exemption |
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84 | 80 | | from the board from future examination requirements. The board shall |
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85 | 81 | | grant the exemption if: |
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86 | 82 | | ! The board determines that the apprentice has legitimate |
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87 | 83 | | educational or professional circumstances that justify the |
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88 | 84 | | 1284 |
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89 | 85 | | -2- exemption; or |
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90 | 86 | | ! The apprentice has passed the residential wireman's license |
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91 | 87 | | examination and is only performing residential electrical |
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92 | 88 | | work. |
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93 | 89 | | An employer of a plumbing apprentice may authorize the plumbing |
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94 | 90 | | apprentice to take the residential plumber's license examination instead |
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95 | 91 | | of the journeyworker plumber's license examination if: |
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96 | 92 | | ! The employer determines that the relevant practical |
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97 | 93 | | experience of the apprentice is best suited to pursue the |
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98 | 94 | | residential plumber's license instead of a journeyworker |
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99 | 95 | | plumber's license; or |
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100 | 96 | | ! The employer determines that the apprentice would be |
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101 | 97 | | more likely to achieve a plumber's license by pursuing a |
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102 | 98 | | residential plumber's license. |
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103 | 99 | | If a plumbing apprentice has failed to pass a license examination |
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104 | 100 | | in 2 consecutive 2-year periods, the plumbing apprentice may request an |
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105 | 101 | | exemption from the board from future examination requirements. The |
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106 | 102 | | board shall grant the exemption if: |
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107 | 103 | | ! The board determines that the apprentice has legitimate |
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108 | 104 | | educational or professional circumstances that justify the |
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109 | 105 | | exemption; or |
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110 | 106 | | ! The apprentice has passed the residential plumber's license |
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111 | 107 | | examination and is only performing residential plumbing |
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112 | 108 | | work. |
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113 | 109 | | Current law requires that, if the cumulative training and classroom |
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114 | 110 | | hours of an apprentice are not properly reported to the board or if an |
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115 | 111 | | apprentice fails to take a license examination within a specified time |
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116 | 112 | | frame, the board shall suspend the apprentice's license. The bill allows the |
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117 | 113 | | board to instead declare the apprentice's registration status "inactive" and |
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118 | 114 | | creates procedures for the board to restore the apprentice's registration |
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119 | 115 | | status to "active". |
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120 | 116 | | A board may sanction an employer that consistently and willfully |
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121 | 117 | | demonstrates a lack of compliance or whose apprentices show a |
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122 | 118 | | significant pattern of noncompliance with the bill. |
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123 | 119 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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124 | 120 | | SECTION 1. In Colorado Revised Statutes, 12-115-115, add2 |
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125 | 121 | | (3.5) as follows:3 |
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126 | 122 | | 12-115-115. Apprentices - supervision - registration -4 |
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127 | 123 | | data-sharing agreement - discipline - rules. (3.5) (a) (I) AN5 |
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128 | 124 | | 1284-3- ELECTRICAL CONTRACTOR SHALL NOT REGISTER WITH THE BOARD1 |
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129 | 125 | | PURSUANT TO SUBSECTION (3) OF THIS SECTION AN APPRENTICE WHO IS IN2 |
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130 | 126 | | A CONSTRUCTION INDUSTRY APPRENTICESHIP PROGRAM REGISTERED WITH3 |
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131 | 127 | | THE UNITED STATES DEPARTMENT OF LABOR OR A STATE APPRENTICESHIP4 |
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132 | 128 | | AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR5 |
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133 | 129 | | UNLESS THE APPRENTICE IS ENROLLED IN AN APPRENTICESHIP PROGRAM6 |
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134 | 130 | | TRAINING THE APPRENTICE FOR AN OCCUPATION OFFICIALLY RECOGNIZED7 |
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135 | 131 | | BY THE UNITED STATES DEPARTMENT OF LABOR AS AN ELECTRICAL8 |
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136 | 132 | | OCCUPATION, AS DEFINED BY THE UNITED STATES DEPARTMENT OF9 |
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137 | 133 | | LABOR, BUREAU OF LABOR STATISTICS, OCCUPATIONAL EMPLOYMENT AND10 |
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138 | 134 | | WAGE STATISTICS OCCUPATION CODE 47.2111.11 |
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139 | 135 | | (II) ON OR BEFORE JULY 1, 2027, THE STATE APPRENTICESHIP12 |
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140 | 136 | | AGENCY AND THE DEPARTMENT, IF EXISTING RESOURCES ARE AVAILABLE13 |
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141 | 137 | | OR IF THE DEPARTMENT RECEIVES SUFFICIENT GIFTS, GRANTS, OR14 |
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142 | 138 | | DONATIONS PURSUANT TO SUBSECTION (7) OF THIS SECTION, SHALL15 |
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143 | 139 | | ESTABLISH A DATA-SHARING AGREEMENT TO ALLOW VERIFICATION OF16 |
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144 | 140 | | ELIGIBILITY FOR REGISTRATION WITH THE BOARD PURSUANT TO17 |
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145 | 141 | | SUBSECTION (3.5)(a)(I) OF THIS SECTION.18 |
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146 | 142 | | (b) (I) IF THE BOARD DETERMINES THAT AN APPRENTICE IS NOT IN19 |
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147 | 143 | | COMPLIANCE WITH SUBSECTION (3.5)(a) OF THIS SECTION, THE BOARD20 |
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148 | 144 | | SHALL NOTIFY THE ELECTRICAL CONTRACTOR THAT REGISTERED THE21 |
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149 | 145 | | APPRENTICE WITH THE BOARD. WITHIN THIRTY DAYS AFTER NOTIFICATION22 |
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150 | 146 | | OF NONCOMPLIANCE, THE ELECTRICAL CONTRACTOR SHALL PROVIDE23 |
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151 | 147 | | PROOF THAT THE APPRENTICE IS ELIGIBLE TO BE REGISTERED AS AN24 |
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152 | 148 | | ELECTRICAL APPRENTICE WITH THE BOARD . IF THE BOARD VERIFIES WITHIN25 |
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153 | 149 | | SIXTY DAYS AFTER NOTIFICATION OF NONCOMPLIANCE THAT THE26 |
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154 | 150 | | APPRENTICE IS ELIGIBLE TO BE REGISTERED AS AN ELECTRICAL27 |
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155 | 151 | | 1284 |
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156 | 152 | | -4- APPRENTICE, THE APPRENTICE WILL REMAIN REGISTERED WITH THE BOARD .1 |
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157 | 153 | | (II) IF THE BOARD CANNOT VERIFY THAT AN APPRENTICE IS2 |
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158 | 154 | | ELIGIBLE TO BE REGISTERED AS AN ELECTRICAL APPRENTICE WITHIN SIXTY3 |
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159 | 155 | | DAYS AFTER NOTICE OF NONCOMPLIANCE PURSUANT TO SUBSECTION4 |
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160 | 156 | | (3.5)(b)(I) OF THIS SECTION, THE BOARD SHALL REMOVE THE APPRENTICE 'S5 |
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161 | 157 | | REGISTRATION WITH THE BOARD, AND THE NONCOMPLIANT APPRENTICE6 |
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162 | 158 | | SHALL NOT PERFORM WORK AS AN ELECTRICAL APPRENTICE IN THE STATE.7 |
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163 | 159 | | (III) THIS SUBSECTION (3.5) DOES NOT APPLY TO AN ELECTRICAL8 |
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164 | 160 | | APPRENTICE WHOSE TRAINING IS PROVIDED DIRECTLY BY THE ELECTRICAL9 |
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165 | 161 | | CONTRACTOR OR ANOTHER ELECTRICAL TRAINING PROGRAM THAT IS NOT10 |
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166 | 162 | | AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES11 |
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167 | 163 | | DEPARTMENT OF LABOR OR A STATE APPRENTICESHIP AGENCY .12 |
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168 | 164 | | SECTION 2. In Colorado Revised Statutes, 12-155-124, add13 |
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169 | 165 | | (3.5) as follows:14 |
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170 | 166 | | 12-155-124. Apprentices - registration - data-sharing15 |
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171 | 167 | | agreement - discipline - rules. (3.5) (a) (I) A REGISTERED PLUMBING16 |
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172 | 168 | | CONTRACTOR SHALL NOT REGISTER WITH THE BOARD PURSUANT TO17 |
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173 | 169 | | SUBSECTION (3) OF THIS SECTION A PLUMBING APPRENTICE WHO IS IN A18 |
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174 | 170 | | CONSTRUCTION INDUSTRY APPRENTICESHIP PROGRAM REGISTERED WITH19 |
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175 | 171 | | THE UNITED STATES DEPARTMENT OF LABOR OR A STATE APPRENTICESHIP20 |
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176 | 172 | | AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR21 |
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177 | 173 | | UNLESS THE PLUMBING APPRENTICE IS ENROLLED IN AN APPRENTICESHIP22 |
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178 | 174 | | PROGRAM TRAINING THE PLUMBING APPRENTICE FOR AN OCCUPATION23 |
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179 | 175 | | OFFICIALLY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF LABOR24 |
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180 | 176 | | AS A PLUMBING OR MECHANICAL -RELATED OCCUPATION, AS DEFINED BY25 |
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181 | 177 | | THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR26 |
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182 | 178 | | STATISTICS, OCCUPATIONAL EMPLOYMENT AND WAGE STATISTICS27 |
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183 | 179 | | 1284 |
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184 | 180 | | -5- OCCUPATION CODES 17.3013, 47.2152, OR 49.9021.1 |
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185 | 181 | | (II) ON OR BEFORE JULY 1, 2027, THE STATE APPRENTICESHIP2 |
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186 | 182 | | AGENCY AND THE DEPARTMENT, IF EXISTING RESOURCES ARE AVAILABLE3 |
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187 | 183 | | OR IF THE DEPARTMENT RECEIVES SUFFICIENT GIFTS , GRANTS, OR4 |
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188 | 184 | | DONATIONS PURSUANT TO SUBSECTION (8) OF THIS SECTION, SHALL5 |
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189 | 185 | | ESTABLISH A DATA-SHARING AGREEMENT TO ALLOW VERIFICATION OF6 |
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190 | 186 | | ELIGIBILITY FOR REGISTRATION WITH THE BOARD PURSUANT TO7 |
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191 | 187 | | SUBSECTION (3.5)(a)(I) OF THIS SECTION.8 |
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192 | 188 | | (b) (I) IF THE BOARD DETERMINES THAT A PLUMBING APPRENTICE9 |
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193 | 189 | | IS NOT IN COMPLIANCE WITH SUBSECTION (3.5)(a) OF THIS SECTION, THE10 |
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194 | 190 | | BOARD SHALL NOTIFY THE PLUMBING CONTRACTOR THAT REGISTERED THE11 |
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195 | 191 | | APPRENTICE WITH THE BOARD. WITHIN THIRTY DAYS AFTER NOTIFICATION12 |
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196 | 192 | | OF NONCOMPLIANCE, THE PLUMBING CONTRACTOR SHALL PROVIDE PROOF13 |
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197 | 193 | | THAT THE APPRENTICE IS ELIGIBLE TO BE REGISTERED AS A PLUMBING14 |
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198 | 194 | | APPRENTICE WITH THE BOARD. IF THE BOARD VERIFIES WITHIN SIXTY DAYS15 |
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199 | 195 | | AFTER NOTIFICATION OF NONCOMPLIANCE THAT THE PLUMBING16 |
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200 | 196 | | APPRENTICE IS ELIGIBLE TO BE REGISTERED AS A PLUMBING APPRENTICE,17 |
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201 | 197 | | THE PLUMBING APPRENTICE WILL REMAIN REGISTERED WITH THE BOARD.18 |
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202 | 198 | | (II) IF THE BOARD CANNOT VERIFY THAT A PLUMBING APPRENTICE19 |
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203 | 199 | | IS ELIGIBLE TO BE REGISTERED AS A PLUMBING APPRENTICE WITHIN SIXTY20 |
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204 | 200 | | DAYS AFTER NOTICE OF NONCOMPLIANCE PURSUANT TO SUBSECTION21 |
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205 | 201 | | (3.5)(b)(I) OF THIS SECTION, THE BOARD SHALL REMOVE THE PLUMBING22 |
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206 | 202 | | APPRENTICE'S REGISTRATION WITH THE BOARD, AND THE NONCOMPLIANT23 |
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207 | 203 | | PLUMBING APPRENTICE SHALL NOT PERFORM WORK AS A PLUMBING24 |
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208 | 204 | | APPRENTICE IN THE STATE.25 |
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209 | 205 | | (III) THIS SUBSECTION (3.5) DOES NOT APPLY TO A PLUMBING26 |
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210 | 206 | | APPRENTICE WHOSE TRAINING IS PROVIDED DIRECTLY BY THE PLUMBING27 |
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211 | 207 | | 1284 |
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212 | 208 | | -6- CONTRACTOR OR ANOTHER PLUMBING TRAINING PROGRAM THAT IS NOT AN1 |
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213 | 209 | | APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED STATES2 |
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214 | 210 | | DEPARTMENT OF LABOR OR A STATE APPRENTICESHIP AGENCY .3 |
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215 | 211 | | SECTION 3. Act subject to petition - effective date. This act4 |
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216 | 212 | | takes effect January 1, 2027; except that, if a referendum petition is filed5 |
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217 | 213 | | pursuant to section 1 (3) of article V of the state constitution against this6 |
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218 | 214 | | act or an item, section, or part of this act within the ninety-day period7 |
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219 | 215 | | after final adjournment of the general assembly, then the act, item,8 |
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220 | 216 | | section, or part will not take effect unless approved by the people at the9 |
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221 | 217 | | general election to be held in November 2026 and, in such case, will take10 |
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222 | 218 | | effect January 1, 2027, or on the date of the official declaration of the11 |
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223 | 219 | | vote thereon by the governor, whichever is later.12 |
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224 | 220 | | 1284 |
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225 | 221 | | -7- |
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