5097-S AMH CLEM REIN 108

SSB 5097 - H AMD

By Representative Clements

   On page 2, line 5, after "program" insert "or a worker participating in another training program"

   On page 2, after line 17, insert the following:

   "(5) "Training program" means a formal training program conducted by an employer and approved by the awarding agency, or a private vocational school licensed under chapter 28B.10 RCW, or an institution of higher education as defined in RCW 28B.10.016."

   On page 2, line 33, after "(3)" insert the following:

   "Awarding agency directors shall ensure that apprentices enrolled in state-approved apprenticeship training programs and workers participating in training programs are given fair and equal opportunity to perform labor hours on public works. Awarding agency directors shall not act as gatekeepers that grant access to some apprentices, as defined in this act, and deny access to others.

   (4)"

   Renumber the remaining subsections and correct internal references.

   On page 3, line 5, after "number" insert ", if applicable"

   On page 3, after line 26, insert the following:

   "NEW SECTION. Sec. 4. (1) An agency may not discriminate against:

   (a) An employer bidding or working on a public works project based on enrollment of employees in state-approved apprenticeship training programs or participation of employees in other training programs; or

   (b) An employee of an employee bidding or working on a public works project because of enrollment in a state-approved apprenticeship training program or participation in another training programs.

   (2) The superior court shall have jurisdiction to restrain violations of subsection (1) of this section, to order all appropriate relief, and to award fees and other expenses, including reasonable attorneys' fees, to prevailing parties."

   Renumber the remaining sections and correct internal references.

EFFECT: Adds trainees in certain training programs to the types of workers that may be used to meet the utilization requirement.

Defines training programs as those conduct by: (1) An employer approved by the awarding agency; (2) private vocational schools; or (3) institutions of higher education.

Requires awarding agency directors to ensure that apprentices in state-approved apprenticeship training programs and workers in training programs are given fair and equal opportunities to perform labor hours on public works.

Prohibits agencies from discriminating against employers bidding on or working on public works projects, and their employees, based on enrollment in state-approved apprenticeship training programs, or participation in other training programs; gives the superior court jurisdiction to restrain such discrimination, order relief, and award fees and expenses, including attorneys' fees, to prevailing parties.