2023 Regular Session

ByRepresentatives Schmidt, Eslick, Chandler, Klicker, Volz, and Christian

Read first time 02/06/23.Referred to Committee on Labor & Workplace Standards.

AN ACT Relating to the prohibition of competitor objections to new apprenticeship program applications and approvals; reenacting and amending RCW 49.04.010; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that in 2022, Senate Bill No. 5600 was signed into law with the stated intent that apprenticeship programs seeking state registration receive prompt consideration with minimum delay for more apprenticeship opportunities to be available for workers and employers. The legislature further finds that existing approved apprenticeship programs may file objections to a new program being approved. Allowing competitors to object to a new apprenticeship program is contrary to the goal of expanding apprenticeship programs with minimum delay.

It is therefore the legislature's intent to expand the availability of apprenticeship programs by eliminating the competitor objection process as part of the new apprenticeship program approval process.

Sec. 2. RCW 49.04.010 and 2011 1st sp.s. c 21 s 22 and 2011 c 308 s 1 are each reenacted and amended to read as follows:

(1) The department of labor and industries is the agency with responsibility and accountability for apprenticeship within the state for federal purposes. The director of labor and industries shall appoint a regulatory apprenticeship council, composed of three representatives each from employer and employee organizations, respectively. The terms of office of the members of the apprenticeship council first appointed by the director of labor and industries shall be as follows: One representative each of employers and employees shall be appointed for one year, two years, and three years, respectively. Thereafter, each member shall be appointed for a term of three years. The director of labor and industries shall also appoint a public member to the apprenticeship council for a three-year term. Each member shall hold office until a successor is appointed and has qualified and any vacancy shall be filled by appointment for the unexpired portion of the term. A designated representative from each of the following: The workforce training and education coordinating board, state board for community and technical colleges, employment security department, and United States department of labor, apprenticeship, training, employer, and labor services, shall be ex officio members of the apprenticeship council. Ex officio members shall have no vote. Each member of the council, not otherwise compensated by public moneys, shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated in accordance with RCW 43.03.240.

(2)(a) The apprenticeship council is authorized to approve apprenticeship programs, and establish apprenticeship program standards as rules, including requirements for apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The council shall consider recommendations from the state board for community and technical colleges on matters of apprentice-related and supplemental instruction, coordination of instruction with job experiences, and instructor qualifications. The rules for apprenticeship instructor qualifications shall either be by reference or reasonably similar to the applicable requirements established by or pursuant to chapter 28B.50 RCW. The director is authorized to adopt rules as may be necessary to carry out the intent and purposes of this chapter, after consultation with the council and receiving the council's recommendations, including a procedure to resolve an impasse should a tie vote of the council occur, and perform such other duties as are hereinafter imposed.

(b) The director of labor and industries shall not allow competitor objections to new apprenticeship applications outside public comment as set forth in RCW 42.30.240. The director shall not adopt rules requiring adjudication or consideration of competitor objections.

(3) Not less than once a year the apprenticeship council shall make a report to the director of labor and industries of its activities and findings which shall be available to the public.