An Act To Conform Maine Apprenticeship Program Standards with Federal Apprenticeship Regulations
Sec. 1. 1 MRSA §72, sub-§17-A, as enacted by PL 1993, c. 630, Pt. B, §1, is amended to read:
Sec. 2. 5 MRSA §7072, 2nd ¶, as amended by PL 1993, c. 630, Pt. B, §2, is further amended to read:
The Bureau of Labor Standards Department of Labor, Bureau of Employment Services shall assist the director in determining which classifications are apprenticeable and in encouraging and assisting state agencies to utilize the benefits of registered apprenticeship programs or other training programs.
Sec. 3. 5 MRSA §7072, 3rd ¶, as enacted by PL 1985, c. 785, Pt. B, §38 and amended by PL 1997, c. 530, Pt. A, §34, is repealed.
Sec. 4. 5 MRSA §7072, sub-§1, as enacted by PL 1985, c. 785, Pt. B, §38, is repealed.
Sec. 5. 5 MRSA §7072, sub-§2, as amended by PL 1993, c. 630, Pt. B, §3, is repealed.
Sec. 6. 5 MRSA §7072, sub-§3, ¶B, as enacted by PL 1985, c. 785, Pt. B, §38, is repealed.
Sec. 7. 5 MRSA §12004-G, sub-§25, as amended by PL 1989, c. 483, Pt. A, §24 and c. 503, Pt. A, §17, is repealed.
Sec. 8. 5 MRSA §12004-I, sub-§54-D is enacted to read:
|Labor||Maine Apprenticeship Council||Expenses Only||26 MRSA §3209|
Sec. 9. 26 MRSA §2006, sub-§5-A, as enacted by PL 1997, c. 683, Pt. D, §9 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4 and amended by c. 545, §5, is repealed.
Sec. 10. 26 MRSA §2006, sub-§7, ¶A, as amended by PL 1999, c. 6, §1, is further amended to read:
(1) Apprenticeship, with its membership specified in subsection 5-A, paragraph B;
(3) Employment of people with disabilities; and
(4) Women's employment issues.
Sec. 11. 26 MRSA §2172, sub-§4, as amended by PL 2003, c. 114, §21, is repealed.
Sec. 12. 26 MRSA §2172-A, sub-§2, as amended by PL 2003, c. 114, §23, is further amended to read:
Sec. 13. 26 MRSA c. 37 is enacted to read:
§ 3201. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 3202. Maine Apprenticeship Program; eligibility and registration procedure
The Maine Apprenticeship Program is established for the purposes of registration and oversight of apprenticeship programs in the State. The Maine Apprenticeship Program is administered by the department, which is the state apprenticeship agency and registration agency for the purposes of 29 Code of Federal Regulations, Parts 29 and 30.
The Maine Apprenticeship Program shall review a provisionally registered apprenticeship program for quality and conformity with the requirements of this chapter at the end of the first full training cycle. If the provisionally registered apprenticeship program receives a satisfactory review, the Maine Apprenticeship Program shall convert the provisional registration to permanent registration. Subsequent reviews must be conducted no less frequently than every 5 years. An apprenticeship program that is not in operation or does not conform to the requirements must be deregistered pursuant to section 3206.
§ 3203. Standards of apprenticeship
An apprenticeship program must conform to the following standards to be eligible for approval and registration by the Maine Apprenticeship Program.
(1) The time-based approach measures skill acquisition through the individual apprentice's completion of 2,000 to 10,000 hours of on-the-job learning as described in a work process schedule.
(2) The competency-based approach measures skill acquisition through the individual apprentice's successful demonstration of acquired skills and knowledge, as demonstrated by an appropriate written and hands-on proficiency measurement. An apprenticeship program using the competency-based approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The apprenticeship program's standards must address how on-the-job learning will be integrated into the apprenticeship program, describe competencies and identify an appropriate means of testing and evaluation for such competencies.
(3) The hybrid approach measures the individual apprentice's skill acquisition through a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule.
The determination of the appropriate approach for the apprenticeship program's standards is made by the sponsor, subject to approval by the Maine Apprenticeship Program of the determination as appropriate to the apprenticeable occupation for which the apprenticeship program is registered;
(1) Meet the Department of Education's requirements for a career and technical education instructor or be a subject matter expert, such as a journeyman, who is recognized within an industry as having expertise in a specific occupation; and
(2) Have training in teaching techniques and adult learning styles. This training may occur before or after the apprenticeship instructor has started to provide the related instruction;
§ 3204. Apprenticeship program performance standards
§ 3205. Apprenticeship agreement
An apprenticeship agreement must contain, explicitly or by reference:
(1) Cancelled at the request of the apprentice; or
(2) Suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action and with written notice to the apprentice and to the department of the final action taken;
§ 3206. Deregistration of a registered apprenticeship program
As set out in this section, deregistration of an apprenticeship program may be effected upon the voluntary action of the sponsor or by the Maine Apprenticeship Program upon reasonable cause.
§ 3207. Limitations
§ 3208. Complaints
§ 3209. Maine Apprenticeship Council
(1) Four members must be representatives of employees and be bona fide members of a recognized major labor organization;
(2) Four members must be representatives of employers and be bona fide employers or authorized representatives of employers; and
(3) Four members must be representatives of the public and may not be industrial employers or employees or be directly concerned with any particular industrial employer or employee. At least 2 of these members must represent the interests of women and minorities and recipients of benefits under the Temporary Assistance for Needy Families program under Title 22, chapter 1053-B who are in registered apprenticeship.
(1) One representative of the Maine Jobs Council established in section 2006, appointed by the chair of the Maine Jobs Council;
(2) One representative of the Maine Community College System, appointed by the President of the Maine Community College System;
(3) One representative of the Department of Education, appointed by the Commissioner of Education; and
(4) One representative of the Department of Economic and Community Development, appointed by the Commissioner of Economic and Community Development.
(1) The name and location of each sponsor;
(2) The number of apprentices registered into and completing apprenticeship; and
(3) The return on investment.
§ 3210. State office
The department shall administer the Maine Apprenticeship Program through the Bureau of Employment Services within the department, referred to in this section as "the bureau." The bureau is the state office for the purposes of 29 Code of Federal Regulations, Parts 29 and 30.
§ 3211. Additional powers and duties
§ 3212. Rulemaking
The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A to implement the provisions of this chapter.
Sec. 14. 32 MRSA §1101, sub-§1, as amended by PL 2009, c. 415, Pt. A, §17, is further amended to read:
Sec. 15. 32 MRSA §1202, sub-§1, ¶A, as repealed and replaced by PL 2007, c. 695, Pt. A, §36, is amended to read:
(1) Complete at least 8,000 hours of service as an apprentice or helper electrician or at least 8,000 hours of experience in electrical installations, as defined in section 1101, and satisfactorily complete a program of study comprising 576 hours as approved by the Electricians' Examining Board or from an accredited institution. The 576 hours shall consist of 225 hours of required study, including an approved course of not less than 45 hours in the current National Electrical Code; and 351 hours of elective study, comprised of all trade-related electives or 225 hours of trade-related courses and 135 hours of degree-related courses;
(2) Be a graduate of an accredited regional applied technology high school 2-year electrical program, have worked for 8,000 hours in the field of electrical installations under the supervision of a master electrician or the equivalent and have completed a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board;
(3) Be a graduate of an accredited community college electrical program or a vocational-electrical program of the Department of Corrections, have worked for 4,000 hours in the field of electrical installations under the supervision of a master electrician or the equivalent and have completed a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board. Persons qualifying under this paragraph may sit for the journeyman's examination upon graduation if application is made within one year of graduation; or
(4) Be an electrical apprentice registered with the State Apprenticeship and Training Council Department of Labor and have completed 576 hours of related instruction, as defined in this paragraph, prescribed in their apprenticeship program, the 8,000-hour approved program and a course of not less than 45 hours in the current National Electrical Code, the course to be approved by the board. Persons qualifying under this paragraph may sit for the journeyman's examination after completion of the 576 hours of instruction if application is made within one year of the completion of the instruction.
Sec. 16. 34-A MRSA §1403, sub-§9, ¶F, as amended by PL 1987, c. 589, is further amended to read: