AN ACT Relating to apprenticeship training; amending RCW 18.106.070, 19.28.510, 19.28.530, 39.12.021, 43.22.010, 43.22.505, 49.12.110, 51.08.012, 51.16.140, 51.32.073, and 70.120.020; creating a new section; and repealing RCW 49.04.010, 49.04.030, 49.04.040, 49.04.050, 49.04.060, 49.04.070, 49.04.080, 49.04.090, 49.04.100, 49.04.110, 49.04.120, 49.04.130, 49.04.900, 49.04.910, and 51.12.130.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that when encouraging economic development and promoting investment, it is in the best interest of the state to maintain training standards which are uniform and comparable to those of other states. The legislature further finds that by allowing the federal government to administer approval of apprenticeship programs, the state will better achieve its goal of promoting uniform standards and also save the costs associated with duplicative oversight of these agreements. It is the intent of the legislature that responsibility for approval of apprenticeship agreements in the state revert to the United States department of labor bureau of apprenticeship training.

Sec. 2. Section 7, chapter 175, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 465, Laws of 1985 and RCW 18.106.070 are each amended to read as follows:

(1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(2) A person who is indentured in an apprenticeship program ((~~approved under chapter 49.04 RCW~~)) meeting federal standards for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the plumbing construction trade in a school approved by the ((~~commission for vocational education~~)) governor, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

Sec. 3. Section 2, chapter 30, Laws of 1980 as amended by section 13, chapter 206, Laws of 1983 and RCW 19.28.510 are each amended to read as follows:

(1) No person may engage in the electrical construction trade without having a current journeyman electrician certificate of competency or a current specialty electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, and nonresidential maintenance.

(2) A person who is indentured in an apprenticeship program ((~~approved under chapter 49.04 RCW~~)) meeting federal standards for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified journeyman electrician or a certified specialty electrician in that electrician's specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a journeyman electrician or a specialty electrician working in his or her specialty. The holder of the electrical training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the electrical construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical work. They shall show their certificates to an authorized representative of the department at the representative's request.

(3) Any person who has been issued an electrical training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman electrician or an appropriate specialty electrician who has an applicable certificate of competency issued under this chapter. Either a journeyman electrician or an appropriate specialty electrician shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty electricians working on a job site shall be:

(a) From September 1, 1979, through December 31, 1982, not more than three noncertified electricians working on any one job site for every certified journeyman or specialty electrician;

(b) Effective January 1, 1983, not more than two noncertified individuals working on any one job site for every specialty electrician or journeyman electrician working as a specialty electrician;

(c) Effective January 1, 1983, not more than than one noncertified individual working on any one job site for every certified journeyman electrician.

The ratio requirements do not apply to a trade school program in the electrical construction trade established during 1946.

An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the electrical construction trade in a school approved by the ((~~commission for vocational education~~)) governor, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

Sec. 4. Section 4, chapter 30, Laws of 1980 as amended by section 14, chapter 206, Laws of 1983 and RCW 19.28.530 are each amended to read as follows:

(1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the journeyman or specialty certificate of competency. To be eligible to take the examination for a journeyman certificate the applicant must have worked in the electrical construction trade for a minimum of four years employed full time, of which two years shall be in industrial or commercial electrical installation under the supervision of a journeyman electrician certified under this chapter and not more than a total of two years in all specialties under the supervision of a journeyman electrician certified under this chapter or an appropriate specialty electrician certified under this chapter or have successfully completed an apprenticeship program ((~~approved under chapter 49.04 RCW~~)) meeting federal standards for the electrical construction trade. To be eligible to take the examination to become a specialty electrician the applicant shall have worked in that specialty of the electrical construction trade, under the supervision of a journeyman electrician certified under this chapter or an appropriate specialty electrician certified under this chapter, for a minimum of two years employed full time, or have successfully completed an approved apprenticeship program ((~~under chapter 49.04 RCW~~)) meeting federal standards for the applicant's specialty in the electrical construction trade. Before January 1, 1984, applicants for nonresidential maintenance specialty licenses are eligible to become nonresidential maintenance specialists upon certification to the department that they have the equivalent of two years full-time experience in that specialty field. Persons applying before January 1, 1984, for a journeyman certificate are eligible to take the examination to become journeymen until July 1, 1984, upon certification to the department that they have the equivalent of five years full-time experience in nonresidential maintenance, of which two years shall be in industrial electrical installation. Any applicant who has successfully completed a two-year technical school program in the electrical construction trade in a school that is approved by the ((~~commission for vocational education~~)) governor may substitute up to two years of the technical school program for two years of work experience under a journeyman electrician. The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical school program. Any applicant who has received training in the electrical construction trade in the armed service of the United States may be eligible to take the examination for the certificate of competency. Any applicant who is a graduate of a trade school program in the electrical construction trade that was established during 1946 is eligible to take the examination for the certificate of competency. No other requirement for eligibility may be imposed.

(2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board of electrical examiners. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.

Sec. 5. Section 1, chapter 93, Laws of 1963 and RCW 39.12.021 are each amended to read as follows:

Apprentice ((~~workmen~~)) workers employed upon public works projects ((~~for whom~~)) under an apprenticeship agreement ((~~has been registered and approved with the state apprenticeship council pursuant to chapter 49.04 RCW,~~)) meeting federal standards must be paid at least the prevailing hourly rate for an apprentice of that trade. Any ((~~workman~~)) worker for whom an apprenticeship agreement has not been registered and approved by the state apprenticeship council shall be considered to be a fully qualified journeyman, and, therefore, shall be paid at the prevailing hourly rate for journeymen.

Sec. 6. Section 1, chapter 27, Laws of 1974 ex. sess. and RCW 43.22.010 are each amended to read as follows:

The department of labor and industries shall be organized into five divisions, to be known as, (1) the division of industrial insurance, (2) the division of industrial safety and health, (3) the division of industrial relations, and (4) ((~~the division of apprenticeship, and (5)~~)) the division of building and construction safety inspection services, which division shall have responsibility for electrical inspection, mobile home inspection, elevator inspection, except as otherwise provided in RCW 70.87.030, boiler inspection, and registration and regulation of contractors.

The director may appoint such clerical and other assistants as may be necessary for the general administration of the department.

Sec. 7. Section 2, chapter 123, Laws of 1975 1st ex. sess. and RCW 43.22.505 are each amended to read as follows:

The department of labor and industries is specifically authorized to print, reprint, and distribute subject matter including but not limited to the following:

(1) The provisions of Title 51 RCW;

(2) The provisions of Title 49 RCW;

(3) The provisions of chapter 7.68 RCW;

(4) The provisions of chapter 88.16 RCW;

(5) The provisions of chapter 19.28 RCW;

(6) The provisions of chapter 43.22 RCW;

(7) The provisions of chapter 41.56 RCW;

(8) The provisions of chapter 49.66 RCW;

(9) The provisions of chapter 70.79 RCW;

(10) The provisions of chapter 70.74 RCW;

(11) The provisions of chapter 70.87 RCW;

(12) The provisions of all other statutes administered by the department or such statutes as have a relationship to the functions and obligations of the department; and

(13) The rules and regulations of the department of labor and industries, ((~~the state apprenticeship council,~~)) the state board of pilotage commissioners and the board of boiler rules promulgated pursuant to the statutory provisions cited above.

Sec. 8. Section 13, chapter 174, Laws of 1913 as last amended by section 35, chapter 80, Laws of 1977 ex. sess. and RCW 49.12.110 are each amended to read as follows:

For any occupation in which a minimum wage has been established, the committee through its secretary may issue to an employer, a special certificate or permit for an employee who is physically or mentally handicapped to such a degree that he or she is unable to obtain employment in the competitive labor market, or to a trainee or learner ((~~not otherwise subject to the jurisdiction of the apprenticeship council~~)), a special certificate or permit authorizing the employment of such employee for a wage less than the legal minimum wage; and the committee shall fix the minimum wage for said person, such special certificate or permit to be issued only in such cases as the committee may decide the same is applied for in good faith and that such certificate or permit shall be in force for such length of time as the said committee shall decide and determine is proper.

Sec. 9. Section 3, chapter 77, Laws of 1969 ex. sess. as amended by section 2, chapter 224, Laws of 1975 1st ex. sess. and RCW 51.08.012 are each amended to read as follows:

For the purposes of this title, "accredited school" means a school or course of instruction which is:

(1) Approved by the state superintendent of public instruction, the state board of education, the state board for community college education, or the state division of vocational education of the coordinating council for occupational education; or

(2) Regulated or licensed as to course content by any agency of the state or under any occupational licensing act of the state((~~, or recognized by the apprenticeship council under an agreement registered with the apprenticeship council pursuant to chapter 49.04 RCW~~)).

Sec. 10. Section 51.16.140, chapter 23, Laws of 1961 as last amended by section 29, chapter 350, Laws of 1977 ex. sess. and RCW 51.16.140 are each amended to read as follows:

Every employer who is not a self-insurer shall deduct from the pay of each of his or her workers one-half of the amount he or she is required to pay, for medical benefits within each risk classification. Such amount shall be periodically determined by the director and reported by him or her to all employers under this title: PROVIDED, That the state governmental unit shall pay the entire amount into the medical aid fund for volunteers, as defined in RCW 51.12.035((~~, and the state apprenticeship council shall pay the entire amount into the medical aid fund for registered apprentices or trainees, for the purposes of RCW 51.12.130~~)). It shall be unlawful for the employer, unless specifically authorized by this title, to deduct or obtain any part of the premium or other costs required to be by him or her paid from the wages or earnings of any of his or her workers, and the making of or attempt to make any such deduction shall be a gross misdemeanor.

Sec. 11. Section 9, chapter 14, Laws of 1980 and RCW 51.32.073 are each amended to read as follows:

Each employer shall retain from the earnings of each worker that amount as shall be fixed from time to time by the director, the basis for measuring said amount to be determined by the director. The money so retained shall be matched in an equal amount by each employer, and all such moneys shall be remitted to the department in such manner and at such intervals as the department directs and shall be placed in the supplemental pension fund((: PROVIDED, That the state apprenticeship council shall pay the entire amount into the supplemental pension fund for registered apprentices or trainees during their participation in supplemental and related instruction classes)). The moneys so collected shall be used exclusively for the additional payments from the supplemental pension fund prescribed in this title and for the amount of any increase payable under the provisions of RCW 51.32.075, as now or hereafter amended, and shall be no more than necessary to make such payments on a current basis. The department may require a self-insurer to make any additional payments which are payable from the supplemental pension fund and thereafter such self-insurer shall be reimbursed therefrom.

Sec. 12. Section 2, chapter 163, Laws of 1979 ex. sess. and RCW 70.120.020 are each amended to read as follows:

(1) The department shall conduct the following programs in a manner that will enhance the successful implementation of the air pollution control system established for motor vehicles by this chapter:

(a) A voluntary motor vehicle emissions inspection program;

(b) A public educational program regarding the health effects of air pollution emitted by motor vehicles; the purpose, operation, and effect of emission control devices and systems; and the effect that proper maintenance of motor vehicle engines has on fuel economy and air pollution emission; and

(c) A public notification program identifying the geographic areas of the state that are designated as being noncompliance areas and emission contributing areas and describing the requirements imposed under this chapter for those areas.

(2) (a) The department, the superintendent of public instruction, and the state board for community college education shall develop cooperatively, after consultation with automotive trades joint apprenticeship committees ((~~approved in accordance with RCW 49.04.040~~)) meeting federal standards, a program for granting certificates of instruction to persons who successfully complete a course of study, under general requirements established by the director, in the maintenance of motor vehicle engines, the use of engine and exhaust analysis equipment, and the repair and maintenance of emission control devices.

(b) The department shall make available to the public a list of those persons who have received certificates of instruction under subsection (2)(a) of this section.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 231, Laws of 1941, section 1, chapter 114, Laws of 1961, section 1, chapter 6, Laws of 1967, section 143, chapter 34, Laws of 1975-'76 2nd ex. sess., section 72, chapter 75, Laws of 1977, section 1, chapter 37, Laws of 1979 ex. sess., section 2, chapter 39, Laws of 1982 1st ex. sess., section 97, chapter 287, Laws of 1984 and RCW 49.04.010;

(2) Section 2, chapter 231, Laws of 1941, section 2, chapter 114, Laws of 1961, section 2, chapter 37, Laws of 1979 ex. sess. and RCW 49.04.030;

(3) Section 3, chapter 231, Laws of 1941 and RCW 49.04.040;

(4) Section 4, chapter 231, Laws of 1941, section 3, chapter 114, Laws of 1961, section 3, chapter 37, Laws of 1979 ex. sess. and RCW 49.04.050;

(5) Section 5, chapter 231, Laws of 1941 and RCW 49.04.060;

(6) Section 6, chapter 231, Laws of 1941 and RCW 49.04.070;

(7) Section 1, chapter 172, Laws of 1963 and RCW 49.04.080;

(8) Section 2, chapter 172, Laws of 1963 and RCW 49.04.090;

(9) Section 2, chapter 183, Laws of 1969 ex. sess., section 17, chapter 6, Laws of 1985 and RCW 49.04.100;

(10) Section 3, chapter 183, Laws of 1969 ex. sess. and RCW 49.04.110;

(11) Section 4, chapter 183, Laws of 1969 ex. sess. and RCW 49.04.120;

(12) Section 5, chapter 183, Laws of 1969 ex. sess. and RCW 49.04.130;

(13) Section 8, chapter 231, Laws of 1941 and RCW 49.04.900;

(14) Section 6, chapter 100, Laws of 1961 and RCW 49.04.910; and

(15) Section 1, chapter 110, Laws of 1973, section 31, chapter 185, Laws of 1987 and RCW 51.12.130.