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5 | 5 | | LCO No. 6288 1 of 4 |
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7 | 7 | | General Assembly Raised Bill No. 1106 |
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8 | 8 | | January Session, 2019 |
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9 | 9 | | LCO No. 6288 |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on GOVERNMENT ADMIN ISTRATION |
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13 | 13 | | AND ELECTIONS |
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15 | 15 | | |
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16 | 16 | | Introduced by: |
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17 | 17 | | (GAE) |
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19 | 19 | | |
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21 | 21 | | |
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22 | 22 | | AN ACT CONCERNING ST ATE CONTRACTS AND THE USE OF |
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23 | 23 | | APPRENTICES ON LARGE CONSTRUCTION PROJECT S. |
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24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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25 | 25 | | Assembly convened: |
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26 | 26 | | |
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27 | 27 | | Section 1. (NEW) (Effective October 1, 2019) (a) Any contractor or 1 |
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28 | 28 | | subcontractor entering into or amending a contract on or after October 2 |
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29 | 29 | | 1, 2019, (1) for the construction or repair of any building under the 3 |
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30 | 30 | | supervision of the state or any of its agents or for the construction or 4 |
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31 | 31 | | repair of any building that is paid with state funds, and (2) with a cost 5 |
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32 | 32 | | exceeding ten million dollars for construction work or three million 6 |
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33 | 33 | | dollars for infrastructure work, shall be subject to the provisions of this 7 |
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34 | 34 | | section. 8 |
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35 | 35 | | (b) Before commencing work under a contract under this section, 9 |
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36 | 36 | | the contractor or subcontractor shall submit information to an 10 |
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37 | 37 | | applicable apprenticeship program that is able to supply apprentices to 11 |
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38 | 38 | | work for the contractor. Such information shall include: (1) An 12 |
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39 | 39 | | estimate of the journeyperson hours to be performed under the 13 |
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40 | 40 | | contract, (2) the number of apprentices proposed to be employed 14 Raised Bill No. 1106 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LCO No. 6288 2 of 4 |
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45 | 45 | | |
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46 | 46 | | under the contract, and (3) the approximate dates the apprentices 15 |
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47 | 47 | | would be employed. The contractor or subcontractor shall submit a 16 |
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48 | 48 | | copy of such information to the authority awarding the contract upon 17 |
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49 | 49 | | request. Any information submitted under this subsection shall be 18 |
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50 | 50 | | public information and the apprenticeship program shall retain such 19 |
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51 | 51 | | information for not less than twelve months after its receipt. 20 |
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52 | 52 | | (c) Any contractor or subcontractor that employs workers in any 21 |
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53 | 53 | | craft or trade for which there is a registered apprenticeship program 22 |
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54 | 54 | | shall employ apprentices in at least the ratio set forth in subsection (d) 23 |
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55 | 55 | | of this section. The contractor or subcontractor may apply to any 24 |
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56 | 56 | | apprenticeship program in the applicable craft or trade that can 25 |
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57 | 57 | | provide apprentices for the contracted work, for a certificate approving 26 |
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58 | 58 | | the contractor or subcontractor under the apprenticeship standards for 27 |
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59 | 59 | | the employment and training of apprentices in the area or industry 28 |
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60 | 60 | | affected. The Labor Commissioner may review any decision of an 29 |
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61 | 61 | | apprenticeship program to approve or deny a certificate to a contractor 30 |
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62 | 62 | | or subcontractor. If the contractor or subcontractor is granted a 31 |
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63 | 63 | | certificate, the apprenticeship program shall make arrangements for 32 |
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64 | 64 | | the apprentices to work for the subcontractor or contractor. Any 33 |
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65 | 65 | | contractor or subcontractor that has been granted a certificate under 34 |
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66 | 66 | | this subsection for a public works project shall not be required to 35 |
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67 | 67 | | submit an additional application to the certifying apprenticeship 36 |
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68 | 68 | | program for additional public work contracts under such program. 37 |
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69 | 69 | | (d) The ratio of work performed by apprentices to journeymen 38 |
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70 | 70 | | employed in a particular craft or trade on the public work project may 39 |
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71 | 71 | | be not higher than the ratio stipulated in the apprenticeship standards 40 |
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72 | 72 | | under which the apprenticeship program operates if the contractor or 41 |
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73 | 73 | | subcontractor agrees to be bound by such standards. Except as 42 |
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74 | 74 | | otherwise provided in this section, the ratio shall not be less than one 43 |
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75 | 75 | | hour of apprentice work for every five hours of journeyperson work. 44 |
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76 | 76 | | Such ratio of apprentice work to journeyperson work shall apply 45 |
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77 | 77 | | during any day or portion of a day when any journeyperson is 46 |
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78 | 78 | | employed at the public work site and shall be computed on the basis of 47 |
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79 | 79 | | the hours worked during the day by the journeypersons so employed. 48 Raised Bill No. 1106 |
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80 | 80 | | |
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81 | 81 | | |
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82 | 82 | | |
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83 | 83 | | LCO No. 6288 3 of 4 |
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84 | 84 | | |
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85 | 85 | | Any work performed by a journeyperson in excess of eight hours per 49 |
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86 | 86 | | day or forty hours per week shall not be used to calculate the ratio. The 50 |
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87 | 87 | | contractor shall employ apprentices for the number of hours computed 51 |
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88 | 88 | | under this subsection before the end of the contract or, in the case of a 52 |
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89 | 89 | | subcontractor, before the end of the subcontract. The contractor or 53 |
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90 | 90 | | subcontractor shall endeavor, to the greatest extent possible, to employ 54 |
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91 | 91 | | apprentices during the same time period that the journeypersons in the 55 |
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92 | 92 | | same craft or trade are employed at the job site. When an hourly 56 |
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93 | 93 | | apprenticeship ratio is not feasible for a particular craft or trade, the 57 |
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94 | 94 | | Labor Commissioner, upon application of an apprenticeship program, 58 |
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95 | 95 | | may order a minimum ratio of not less than one apprentice for each 59 |
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96 | 96 | | five journeypersons in a craft or trade classification. 60 |
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97 | 97 | | (e) An apprenticeship program may grant a participating contractor 61 |
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98 | 98 | | or contractor association a certificate, which shall be subject to the 62 |
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99 | 99 | | approval of the Labor Commissioner, exempting the contractor from 63 |
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100 | 100 | | the ratio set forth in subsection (d) of this section when it finds that any 64 |
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101 | 101 | | one of the following conditions is met: 65 |
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102 | 102 | | (1) Unemployment for the previous three-month period in the area 66 |
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103 | 103 | | exceeds an average of fifteen per cent; 67 |
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104 | 104 | | (2) The number of apprentices in training in the area exceeds the 68 |
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105 | 105 | | ratio set in the journeyperson-to-apprentice hiring ratio specified in 69 |
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106 | 106 | | section 20-332b of the general statutes; or 70 |
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107 | 107 | | (3) There is evidence that the craft or trade subject to apprenticeship 71 |
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108 | 108 | | is replacing at least one-thirtieth of its journeypersons annually 72 |
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109 | 109 | | through apprenticeship training, either on a state-wide basis or on a 73 |
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110 | 110 | | local basis. 74 |
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111 | 111 | | (f) On and after January 1, 2022, a contractor or subcontractor may 75 |
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112 | 112 | | only hire apprentices pursuant to this section from an apprenticeship 76 |
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113 | 113 | | program with a graduation rate of at least thirty per cent. 77 Raised Bill No. 1106 |
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116 | 116 | | |
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117 | 117 | | LCO No. 6288 4 of 4 |
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118 | 118 | | |
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119 | 119 | | This act shall take effect as follows and shall amend the following |
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120 | 120 | | sections: |
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121 | 121 | | |
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122 | 122 | | Section 1 October 1, 2019 New section |
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123 | 123 | | |
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124 | 124 | | Statement of Purpose: |
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125 | 125 | | To require contractors on certain large construction projects to use |
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126 | 126 | | apprentices from state-registered apprenticeship programs. |
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127 | 127 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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128 | 128 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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129 | 129 | | not underlined.] |
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130 | 130 | | |
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