Maryland 2022 Regular Session

Maryland Senate Bill SB205 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 125
2		-
3		-	– 1 –
4		-	Chapter 125
5		-	(Senate Bill 205)
6		-
7		-	AN ACT concerning
8		-
9		-	Division of Workforce Development and Adult Learning – Apprenticeship and
10		-	Training Council – Sunset Extension
11		-
12		-	FOR the purpose of continuing the Apprenticeship and Training Council in accordance with
13		-	the provisions of the Maryland Program Evaluation Act (sunset law) by extending to
14		-	a certain date the termination provisions relating to the statutory and regulatory
15		-	authority of the Council; and generally relating to the Apprenticeship and Training
16		-	Council.
17		-
18		-	BY repealing and reenacting, with amendments,
19		-	Article – Labor and Employment
20		-	Section 11–402
21		-	Annotated Code of Maryland
22		-	(2016 Replacement Volume and 2021 Supplement)
23		-
24		-	BY repealing and reenacting, without amendments,
25		-	Article – Labor and Employment
26		-	Section 11–403 through 11–405
27		-	Annotated Code of Maryland
28		-	(2016 Replacement Volume and 2021 Supplement)
29		-
30		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND,
31		-	That the Laws of Maryland read as follows:
32		-
33		-	Article – Labor and Employment
34		-
35		-	11–402.
36		-
37		-	Subject to the evaluation and reestablishment provisions of the Maryland Program
38		-	Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, [2024]
39		-	2034 2025 2034.
40		-
41		-	11–403.
42		-
43		-	(a) The Division of Workforce Development and Adult Learning is the designated
44		-	State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30.
45		-
46		-	(b) (1) There is an Apprenticeship and Training Council as part of the Division
47		-	of Workforce Development and Adult Learning. The Council consists of 12 members all of Ch. 125 2022 LAWS OF MARYLAND
48		-
49		-	– 2 –
50		-	whom shall be appointed by the Governor of Maryland, with the advice of the Secretary
51		-	and with the advice and consent of the Senate of Maryland.
52		-
53		-	(2) Four of the members shall be representatives of employee
54		-	organizations; one shall be an employee; five shall be representatives of employers; and two
55		-	shall be appointed from the general public.
56		-
57		-	(3) The membership of the Council shall, to the extent practicable, reflect
58		-	the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include
59		-	representation by individuals with disabilities. Consultants to the Council shall, to the
60		-	extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of
61		-	the State and shall include representation by individuals with disabilities.
62		-
63		-	(4) In advising the Governor, the Secretary shall give consideration to a
64		-	balanced geographic representation from all of Maryland and a representative sampling
65		-	and mix of Maryland industry.
66		-
67		-	(5) One member shall be appointed as Chairman by the Governor, with the
68		-	advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The
69		-	Assistant State Superintendent, Career and Technology Education, and the Maryland
70		-	State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as
71		-	consultants to the Council without vote.
72		-
73		-	(6) The Governor, with the advice of the Secretary may appoint up to three
74		-	additional consultants to the Council from the public at large.
75		-
76		-	(c) All appointments as members of the Council shall be for terms of 4 years.
77		-
78		-	(d) (1) Except as provided in paragraph (2) of this subsection and subject to
79		-	paragraph (3) of this subsection, a member shall be considered to have resigned if the
80		-	member did not attend at least two–thirds of the Council meetings held during any
81		-	consecutive 12–month period while the member was serving on the Council.
82		-
83		-	(2) The Governor may waive a member’s resignation and allow the member
84		-	to continue serving if the member has been unable to attend meetings for reasons
85		-	satisfactory to the Governor and the reasons are made public.
86		-
87		-	(3) In accordance with § 8–501 of the State Government Article, the
88		-	Chairman shall provide notice to the Governor and the Governor shall appoint a successor.
89		-
90		-	11–404.
91		-
92		-	The members of the Council shall receive per diem compensation as provided in the
93		-	State budget for each day actually engaged in the discharge of their official duties as well
94		-	as reimbursement for expenses in accordance with the Standard State Travel Regulations.
95		-	The Director of Apprenticeship and Training shall act as secretary. LAWRENCE J. HOGAN, JR., Governor Ch. 125
96		-
97		-	– 3 –
98		-
99		-	11–405.
100		-
101		-	(a) The duties of the Council shall be to:
102		-
103		-	(1) advise the Division of Workforce Development and Adult Learning on
104		-	the apprenticeability of occupations in the State of Maryland;
105		-
106		-	(2) encourage the establishment of local apprenticeship committees where
107		-	the committees are needed;
108		-
109		-	(3) make recommendations regarding the formulation and adoption of
110		-	standards of apprenticeship which safeguard the welfare of apprentices, being guided, but
111		-	not controlled, by the standards of apprenticeship recommended by the federal committee
112		-	on apprenticeship;
113		-
114		-	(4) make recommendations regarding the formulation of policies for the
115		-	overall apprenticeship program;
116		-
117		-	(5) make recommendations regarding the registration of standards of
118		-	apprenticeship of the groups or employers that elect to conform with the provisions of this
119		-	subtitle;
120		-
121		-	(6) make recommendations regarding the registration of apprenticeship
122		-	agreements which conform to the standards of apprenticeship adopted by the Division of
123		-	Workforce Development and Adult Learning;
124		-
125		-	(7) recommend the issuance of certificates of completion of apprenticeship
126		-	to apprentices who are registered with the Division of Workforce Development and Adult
127		-	Learning when the Division determines that such apprentices have completed successfully
128		-	their apprenticeship;
129		-
130		-	(8) seek all information pertaining to apprenticeship training in the State;
131		-
132		-	(9) prescribe its rules of procedure and duties of the Chairman, Director,
133		-	and Secretary subject to the provisions of this law; and
134		-
135		-	(10) perform other advisory functions as the Governor or the Secretary may
136		-	direct or as may come within the scope of the Council.
137		-
138		-	(b) (1) No person, firm, or corporation may offer, establish, maintain, or
139		-	operate an apprenticeship program for any occupation approved by the Division of
140		-	Workforce Development and Adult Learning as an apprenticeable occupation for which
141		-	tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is
142		-	financed in whole or in part by State funds, unless the program is first approved by the
143		-	Division of Workforce Development and Adult Learning. Ch. 125 2022 LAWS OF MARYLAND
144		-
145		-	– 4 –
146		-
147		-	(2) (i) The Division of Workforce Development and Adult Learning
148		-	shall issue a certificate of approval to an applicant operating or proposing to operate the
149		-	program if the Division of Workforce Development and Adult Learning is satisfied that the
150		-	conditions of entrance, the qualifications of the administrators and instructors, the content
151		-	of the program, the facilities, and the financial aspects of the program are adequate and
152		-	appropriate for the purpose of the program.
153		-
154		-	(ii) If the Division of Workforce Development and Adult Learning
155		-	does not issue a certificate of approval to an applicant operating or proposing to operate a
156		-	program, any person, firm, or corporation whose application is rejected has a right to
157		-	judicial review under Title 10, Subtitle 2 of the State Government Article.
158		-
159		-	(3) (i) The Division of Workforce Development and Adult Learning,
160		-	after notice and hearing, may deregister a program or course if it finds that the program or
161		-	course has ceased to meet the conditions of approval.
162		-
163		-	(ii) Any person, association, committee, or organization that
164		-	operates an apprenticeship program that is deregistered by the Division of Workforce
165		-	Development and Adult Learning may request a hearing before the United States
166		-	Department of Labor.
167		-
168		-	(4) After consulting the Council, the Division of Workforce Development
169		-	and Adult Learning, after notice and hearing, may adopt rules and regulations for the
170		-	implementation of this section, including rules and regulations requiring the furnishing of
171		-	periodic relevant information about approved and proposed programs and the operator or
172		-	proposed operator of the approved or proposed programs.
173		-
174		-	(5) Any person, firm, or corporation that knowingly offers, establishes,
175		-	maintains, or operates a program in violation of this section is guilty of a misdemeanor and,
176		-	upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than
177		-	one year, or both.
178		-
179		-	(6) If recommended by the Council, the Division of Workforce Development
180		-	and Adult Learning may apply to any court of competent jurisdiction for an injunction
181		-	restraining violations of this section.
182		-
183		-	(c) (1) Except as provided in paragraph (2) of this subsection, the Division of
184		-	Workforce Development and Adult Learning shall accord reciprocal approval to
185		-	apprentices, apprenticeship programs, and standards that are registered in other states by
186		-	the United States Department of Labor’s Office of Apprenticeship or a registration agency,
187		-	if reciprocity is requested by the apprenticeship program sponsor.
188		-
189		-	(2) The Division of Workforce Development and Adult Learning may not
190		-	accord reciprocal approval to a program sponsor that does not meet the wage and hour
191		-	requirements and apprentice ratio standards of the reciprocal state. LAWRENCE J. HOGAN, JR., Governor Ch. 125
192		-
193		-	– 5 –
194		-
195		-	(d) (1) On or before June 30 of each year, the Division of Workforce
196		-	Development and Adult Learning shall report to the General Assembly, in accordance with
197		-	§ 2–1257 of the State Government Article, the following information for the immediately
198		-	preceding calendar year:
199		-
200		-	(i) the completion and enrollment rates of each apprenticeship
201		-	program registered in the State; and
202		-
203		-	(ii) the age, race, sex or gender identity, county of residence, and
204		-	program enrollment of each individual enrolled in a registered apprenticeship program.
205		-
206		-	(2) The Division of Workforce Development and Adult Learning shall:
207		-
208		-	(i) sort the information required under paragraph (1) of this
209		-	subsection by apprenticeship program; and
210		-
211		-	(ii) publish the report required under paragraph (1) of this
212		-	subsection on the Division of Workforce Development and Adult Learning’s Web site.
213		-
214		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
215		-	October 1, 2022.
216	1
217	2
218		-	Approved by the Governor, April 12, 2022.
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0205
	10	+
	11	+	SENATE BILL 205
	12	+	K3 (2lr0080)
	13	+	ENROLLED BILL
	14	+	— Finance/Economic Matters —
	15	+	Introduced by Chair, Finance Committee (By Request – Departmental – Labor)
	16	+
	17	+	Read and Examined by Proofreaders:
	18	+
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
	25	+
	26	+	_______ day of _______________ at ________________________ o’clock, ________M.
	27	+
	28	+	______________________________________________
	29	+	President.
	30	+
	31	+	CHAPTER ______
	32	+
	33	+	AN ACT concerning 1
	34	+
	35	+	Division of Workforce Development and Adult Learning – Apprenticeship and 2
	36	+	Training Council – Sunset Extension 3
	37	+
	38	+	FOR the purpose of continuing the Apprenticeship and Training Council in accordance with 4
	39	+	the provisions of the Maryland Program Evaluation Act (sunset law) by extending to 5
	40	+	a certain date the termination provisions relating to the statutory and regulatory 6
	41	+	authority of the Council; and generally relating to the Apprenticeship and Training 7
	42	+	Council. 8
	43	+
	44	+	BY repealing and reenacting, with amendments, 9
	45	+	Article – Labor and Employment 10
	46	+	Section 11–402 11
	47	+	Annotated Code of Maryland 12
	48	+	(2016 Replacement Volume and 2021 Supplement) 13
	49	+	2 SENATE BILL 205
	50	+
	51	+
	52	+	BY repealing and reenacting, without amendments, 1
	53	+	Article – Labor and Employment 2
	54	+	Section 11–403 through 11–405 3
	55	+	Annotated Code of Maryland 4
	56	+	(2016 Replacement Volume and 2021 Supplement) 5
	57	+
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	59	+	That the Laws of Maryland read as follows: 7
	60	+
	61	+	Article – Labor and Employment 8
	62	+
	63	+	11–402. 9
	64	+
	65	+	Subject to the evaluation and reestablishment provisions of the Maryland Program 10
	66	+	Evaluation Act, §§ 11–403 through 11–405 of this subtitle shall terminate on July 1, [2024] 11
	67	+	2034 2025 2034. 12
	68	+
	69	+	11–403. 13
	70	+
	71	+	(a) The Division of Workforce Development and Adult Learning is the designated 14
	72	+	State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30. 15
	73	+
	74	+	(b) (1) There is an Apprenticeship and Training Council as part of the Division 16
	75	+	of Workforce Development and Adult Learning. The Council consists of 12 members all of 17
	76	+	whom shall be appointed by the Governor of Maryland, with the advice of the Secretary 18
	77	+	and with the advice and consent of the Senate of Maryland. 19
	78	+
	79	+	(2) Four of the members shall be representatives of employee 20
	80	+	organizations; one shall be an employee; five shall be representatives of employers; and two 21
	81	+	shall be appointed from the general public. 22
	82	+
	83	+	(3) The membership of the Council shall, to the extent practicable, reflect 23
	84	+	the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include 24
	85	+	representation by individuals with disabilities. Consultants to the Council shall, to the 25
	86	+	extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of 26
	87	+	the State and shall include representation by individuals with disabilities. 27
	88	+
	89	+	(4) In advising the Governor, the Secretary shall give consideration to a 28
	90	+	balanced geographic representation from all of Maryland and a representative sampling 29
	91	+	and mix of Maryland industry. 30
	92	+
	93	+	(5) One member shall be appointed as Chairman by the Governor, with the 31
	94	+	advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The 32
	95	+	Assistant State Superintendent, Career and Technology Education, and the Maryland 33
	96	+	State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as 34
	97	+	consultants to the Council without vote. 35
	98	+	SENATE BILL 205 3
	99	+
	100	+
	101	+	(6) The Governor, with the advice of the Secretary may appoint up to three 1
	102	+	additional consultants to the Council from the public at large. 2
	103	+
	104	+	(c) All appointments as members of the Council shall be for terms of 4 years. 3
	105	+
	106	+	(d) (1) Except as provided in paragraph (2) of this subsection and subject to 4
	107	+	paragraph (3) of this subsection, a member shall be considered to have resigned if the 5
	108	+	member did not attend at least two–thirds of the Council meetings held during any 6
	109	+	consecutive 12–month period while the member was serving on the Council. 7
	110	+
	111	+	(2) The Governor may waive a member’s resignation and allow the member 8
	112	+	to continue serving if the member has been unable to attend meetings for reasons 9
	113	+	satisfactory to the Governor and the reasons are made public. 10
	114	+
	115	+	(3) In accordance with § 8–501 of the State Government Article, the 11
	116	+	Chairman shall provide notice to the Governor and the Governor shall appoint a successor. 12
	117	+
	118	+	11–404. 13
	119	+
	120	+	The members of the Council shall receive per diem compensation as provided in the 14
	121	+	State budget for each day actually engaged in the discharge of their official duties as well 15
	122	+	as reimbursement for expenses in accordance with the Standard State Travel Regulations. 16
	123	+	The Director of Apprenticeship and Training shall act as secretary. 17
	124	+
	125	+	11–405. 18
	126	+
	127	+	(a) The duties of the Council shall be to: 19
	128	+
	129	+	(1) advise the Division of Workforce Development and Adult Learning on 20
	130	+	the apprenticeability of occupations in the State of Maryland; 21
	131	+
	132	+	(2) encourage the establishment of local apprenticeship committees where 22
	133	+	the committees are needed; 23
	134	+
	135	+	(3) make recommendations regarding the formulation and adoption of 24
	136	+	standards of apprenticeship which safeguard the welfare of apprentices, being guided, but 25
	137	+	not controlled, by the standards of apprenticeship recommended by the federal committee 26
	138	+	on apprenticeship; 27
	139	+
	140	+	(4) make recommendations regarding the formulation of policies for the 28
	141	+	overall apprenticeship program; 29
	142	+
	143	+	(5) make recommendations regarding the registration of standards of 30
	144	+	apprenticeship of the groups or employers that elect to conform with the provisions of this 31
	145	+	subtitle; 32
	146	+	4 SENATE BILL 205
	147	+
	148	+
	149	+	(6) make recommendations regarding the registration of apprenticeship 1
	150	+	agreements which conform to the standards of apprenticeship adopted by the Division of 2
	151	+	Workforce Development and Adult Learning; 3
	152	+
	153	+	(7) recommend the issuance of certificates of completion of apprenticeship 4
	154	+	to apprentices who are registered with the Division of Workforce Development and Adult 5
	155	+	Learning when the Division determines that such apprentices have completed successfully 6
	156	+	their apprenticeship; 7
	157	+
	158	+	(8) seek all information pertaining to apprenticeship training in the State; 8
	159	+
	160	+	(9) prescribe its rules of procedure and duties of the Chairman, Director, 9
	161	+	and Secretary subject to the provisions of this law; and 10
	162	+
	163	+	(10) perform other advisory functions as the Governor or the Secretary may 11
	164	+	direct or as may come within the scope of the Council. 12
	165	+
	166	+	(b) (1) No person, firm, or corporation may offer, establish, maintain, or 13
	167	+	operate an apprenticeship program for any occupation approved by the Division of 14
	168	+	Workforce Development and Adult Learning as an apprenticeable occupation for which 15
	169	+	tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is 16
	170	+	financed in whole or in part by State funds, unless the program is first approved by the 17
	171	+	Division of Workforce Development and Adult Learning. 18
	172	+
	173	+	(2) (i) The Division of Workforce Development and Adult Learning 19
	174	+	shall issue a certificate of approval to an applicant operating or proposing to operate the 20
	175	+	program if the Division of Workforce Development and Adult Learning is satisfied that the 21
	176	+	conditions of entrance, the qualifications of the administrators and instructors, the content 22
	177	+	of the program, the facilities, and the financial aspects of the program are adequate and 23
	178	+	appropriate for the purpose of the program. 24
	179	+
	180	+	(ii) If the Division of Workforce Development and Adult Learning 25
	181	+	does not issue a certificate of approval to an applicant operating or proposing to operate a 26
	182	+	program, any person, firm, or corporation whose application is rejected has a right to 27
	183	+	judicial review under Title 10, Subtitle 2 of the State Government Article. 28
	184	+
	185	+	(3) (i) The Division of Workforce Development and Adult Learning, 29
	186	+	after notice and hearing, may deregister a program or course if it finds that the program or 30
	187	+	course has ceased to meet the conditions of approval. 31
	188	+
	189	+	(ii) Any person, association, committee, or organization that 32
	190	+	operates an apprenticeship program that is deregistered by the Division of Workforce 33
	191	+	Development and Adult Learning may request a hearing before the United States 34
	192	+	Department of Labor. 35
	193	+
	194	+	(4) After consulting the Council, the Division of Workforce Development 36
	195	+	and Adult Learning, after notice and hearing, may adopt rules and regulations for the 37 SENATE BILL 205 5
	196	+
	197	+
	198	+	implementation of this section, including rules and regulations requiring the furnishing of 1
	199	+	periodic relevant information about approved and proposed programs and the operator or 2
	200	+	proposed operator of the approved or proposed programs. 3
	201	+
	202	+	(5) Any person, firm, or corporation that knowingly offers, establishes, 4
	203	+	maintains, or operates a program in violation of this section is guilty of a misdemeanor and, 5
	204	+	upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than 6
	205	+	one year, or both. 7
	206	+
	207	+	(6) If recommended by the Council, the Division of Workforce Development 8
	208	+	and Adult Learning may apply to any court of competent jurisdiction for an injunction 9
	209	+	restraining violations of this section. 10
	210	+
	211	+	(c) (1) Except as provided in paragraph (2) of this subsection, the Division of 11
	212	+	Workforce Development and Adult Learning shall accord recipro cal approval to 12
	213	+	apprentices, apprenticeship programs, and standards that are registered in other states by 13
	214	+	the United States Department of Labor’s Office of Apprenticeship or a registration agency, 14
	215	+	if reciprocity is requested by the apprenticeship program sponsor. 15
	216	+
	217	+	(2) The Division of Workforce Development and Adult Learning may not 16
	218	+	accord reciprocal approval to a program sponsor that does not meet the wage and hour 17
	219	+	requirements and apprentice ratio standards of the reciprocal state. 18
	220	+
	221	+	(d) (1) On or before June 30 of each year, the Division of Workforce 19
	222	+	Development and Adult Learning shall report to the General Assembly, in accordance with 20
	223	+	§ 2–1257 of the State Government Article, the following information for the immediately 21
	224	+	preceding calendar year: 22
	225	+
	226	+	(i) the completion and enrollment rates of each apprenticeship 23
	227	+	program registered in the State; and 24
	228	+
	229	+	(ii) the age, race, sex or gender identity, county of residence, and 25
	230	+	program enrollment of each individual enrolled in a registered apprenticeship program. 26
	231	+
	232	+	(2) The Division of Workforce Development and Adult Learning shall: 27
	233	+
	234	+	(i) sort the information required under paragraph (1) of this 28
	235	+	subsection by apprenticeship program; and 29
	236	+
	237	+	(ii) publish the report required under paragraph (1) of this 30
	238	+	subsection on the Division of Workforce Development and Adult Learning’s Web site. 31
	239	+
	240	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
	241	+	October 1, 2022. 33
	242	+
	243	+
	244	+