EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0205*
SENATE BILL 205
K3 2lr0080
(PRE–FILED)
By: Chair, Finance Committee (By Request – Departmental – Labor)
Requested: September 22, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: January 27, 2022
CHAPTER ______
AN ACT concerning 1
Division of Workforce Development and Adult Learning – Apprenticeship and 2
Training Council – Sunset Extension 3
FOR the purpose of continuing the Apprenticeship and Training Council in accordance with 4
the provisions of the Maryland Program Evaluation Act (sunset law) by extending to 5
a certain date the termination provisions relating to the statutory and regulatory 6
authority of the Council; and generally relating to the Apprenticeship and Training 7
Council. 8
BY repealing and reenacting, with amendments, 9
Article – Labor and Employment 10
Section 11–402 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Labor and Employment 15
Section 11–403 through 11–405 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
2 SENATE BILL 205
Article – Labor and Employment 1
11–402. 2
Subject to the evaluation and reestablishment provisions of the Maryland Program 3
Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, [2024] 4
2034 2025. 5
11–403. 6
(a) The Division of Workforce Development and Adult Learning is the designated 7
State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30. 8
(b) (1) There is an Apprenticeship and Training Council as part of the Division 9
of Workforce Development and Adult Learning. The Council consists of 12 members all of 10
whom shall be appointed by the Governor of Maryland, with the advice of the Secretary 11
and with the advice and consent of the Senate of Maryland. 12
(2) Four of the members shall be representatives of employee 13
organizations; one shall be an employee; five shall be representatives of employers; and two 14
shall be appointed from the general public. 15
(3) The membership of the Council shall, to the extent practicable, reflect 16
the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include 17
representation by individuals with disabilities. Consultants to the Council shall, to the 18
extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of 19
the State and shall include representation by individuals with disabilities. 20
(4) In advising the Governor, the Secretary shall give consideration to a 21
balanced geographic representation from all of Maryland and a representative sampling 22
and mix of Maryland industry. 23
(5) One member shall be appointed as Chairman by the Governor, with the 24
advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The 25
Assistant State Superintendent, Career and Technology Education, and the Maryland 26
State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as 27
consultants to the Council without vote. 28
(6) The Governor, with the advice of the Secretary may appoint up to three 29
additional consultants to the Council from the public at large. 30
(c) All appointments as members of the Council shall be for terms of 4 years. 31
(d) (1) Except as provided in paragraph (2) of this subsection and subject to 32
paragraph (3) of this subsection, a member shall be considered to have resigned if the 33
member did not attend at least two–thirds of the Council meetings held during any 34
consecutive 12–month period while the member was serving on the Council. 35 SENATE BILL 205 3
(2) The Governor may waive a member’s resignation and allow the member 1
to continue serving if the member has been unable to attend meetings for reasons 2
satisfactory to the Governor and the reasons are made public. 3
(3) In accordance with § 8–501 of the State Government Article, the 4
Chairman shall provide notice to the Governor and the Governor shall appoint a successor. 5
11–404. 6
The members of the Council shall receive per diem compensation as provided in the 7
State budget for each day actually engaged in the discharge of their official duties as well 8
as reimbursement for expenses in accordance with the Standard State Travel Regulations. 9
The Director of Apprenticeship and Training shall act as secretary. 10
11–405. 11
(a) The duties of the Council shall be to: 12
(1) advise the Division of Workforce Development and Adult Learning on 13
the apprenticeability of occupations in the State of Maryland; 14
(2) encourage the establishment of local apprenticeship committees where 15
the committees are needed; 16
(3) make recommendations regarding the formulation and adoption of 17
standards of apprenticeship which safeguard the welfare of apprentices, being guided, but 18
not controlled, by the standards of apprenticeship recommended by the federal committee 19
on apprenticeship; 20
(4) make recommendations regarding the formulation of policies for the 21
overall apprenticeship program; 22
(5) make recommendations regarding the registration of standards of 23
apprenticeship of the groups or employers that elect to conform with the provisions of this 24
subtitle; 25
(6) make recommendations regarding the registration of apprenticeship 26
agreements which conform to the standards of apprenticeship adopted by the Division of 27
Workforce Development and Adult Learning; 28
(7) recommend the issuance of certificates of completion of apprenticeship 29
to apprentices who are registered with the Division of Workforce Development and Adult 30
Learning when the Division determines that such apprentices have completed successfully 31
their apprenticeship; 32
(8) seek all information pertaining to apprenticeship training in the State; 33 4 SENATE BILL 205
(9) prescribe its rules of procedure and duties of the Chairman, Director, 1
and Secretary subject to the provisions of this law; and 2
(10) perform other advisory functions as the Governor or the Secretary may 3
direct or as may come within the scope of the Council. 4
(b) (1) No person, firm, or corporation may offer, establish, maintain, or 5
operate an apprenticeship program for any occupation approved by the Division of 6
Workforce Development and Adult Learning as an apprenticeable occupation for which 7
tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is 8
financed in whole or in part by State funds, unless the program is first approved by the 9
Division of Workforce Development and Adult Learning. 10
(2) (i) The Division of Workforce Development and Adult Learning 11
shall issue a certificate of approval to an applicant operating or proposing to operate the 12
program if the Division of Workforce Development and Adult Learning is satisfied that the 13
conditions of entrance, the qualifications of the administrators and instructors, the content 14
of the program, the facilities, and the financial aspects of the program are adequate and 15
appropriate for the purpose of the program. 16
(ii) If the Division of Workforce Development and Adult Learning 17
does not issue a certificate of approval to an applicant operating or proposing to operate a 18
program, any person, firm, or corporation whose application is rejected has a right to 19
judicial review under Title 10, Subtitle 2 of the State Government Article. 20
(3) (i) The Division of Workforce Development and Adult Learning, 21
after notice and hearing, may deregister a program or course if it finds that the program or 22
course has ceased to meet the conditions of approval. 23
(ii) Any person, association, committee, or organization that 24
operates an apprenticeship program that is deregistered by the Division of Workforce 25
Development and Adult Learning may request a hearing before the United States 26
Department of Labor. 27
(4) After consulting the Council, the Division of Workforce Development 28
and Adult Learning, after notice and hearing, may adopt rules and regulations for the 29
implementation of this section, including rules and regulations requiring the furnishing of 30
periodic relevant information about approved and proposed programs and the operator or 31
proposed operator of the approved or proposed programs. 32
(5) Any person, firm, or corporation that knowingly offers, establishes, 33
maintains, or operates a program in violation of this section is guilty of a misdemeanor and, 34
upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than 35
one year, or both. 36
SENATE BILL 205 5
(6) If recommended by the Council, the Division of Workforce Development 1
and Adult Learning may apply to any court of competent jurisdiction for an injunction 2
restraining violations of this section. 3
(c) (1) Except as provided in paragraph (2) of this subsection, the Division of 4
Workforce Development and Adult Learning shall accord reciprocal approval to 5
apprentices, apprenticeship programs, and standards that are registered in other states by 6
the United States Department of Labor’s Office of Apprenticeship or a registration agency, 7
if reciprocity is requested by the apprenticeship program sponsor. 8
(2) The Division of Workforce Development and Adult Learning may not 9
accord reciprocal approval to a program sponsor that does not meet the wage and hour 10
requirements and apprentice ratio standards of the reciprocal state. 11
(d) (1) On or before June 30 of each year, the Division of Workforce 12
Development and Adult Learning shall report to the General Assembly, in accordance with 13
§ 2–1257 of the State Government Article, the following information for the immediately 14
preceding calendar year: 15
(i) the completion and enrollment rates of each apprenticeship 16
program registered in the State; and 17
(ii) the age, race, sex or gender identity, county of residence, and 18
program enrollment of each individual enrolled in a registered apprenticeship program. 19
(2) The Division of Workforce Development and Adult Learning shall: 20
(i) sort the information required under paragraph (1) of this 21
subsection by apprenticeship program; and 22
(ii) publish the report required under paragraph (1) of this 23
subsection on the Division of Workforce Development and Adult Learning’s Web site. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2022. 26