SENATE . . . . . . . . . . . . . . No. 3037
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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by inserting the following new sections:-
“SECTION XX. Section 1 of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 12 and 13, the words “relations. Each department shall be headed by a director and each department may,” and inserting in place thereof the following words:- relations, and the division of apprentice standards. Each department or division shall be headed by a director and each may,.
SECTION XX. The first paragraph of section 11E of said chapter 23, as so appearing, is hereby amended by striking out the first to third sentences, inclusive, and inserting in place thereof the following 4 sentences:- There shall be in the division of apprentice standards an apprenticeship council, to consist of 15 members, 13 of whom shall be appointed by the secretary of labor and workforce development with the approval of the governor, 1 of whom shall be the director of apprenticeship and work-based learning or a designee thereof, ex officio, who shall serve as chair, and 1 of whom shall be the associate commissioner of career and technical education or his successor, in the department of education, ex officio. Of the appointive members, 4 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of labor and 4 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of management. The appointive members shall represent a variety of industries and geographical diversity across the commonwealth. The terms of office of the representatives of labor and management initially appointed shall expire as designated by the director of apprenticeship and work-based learning at the time of making the appointments, 1 representative each of labor and management shall be appointed for a term of 1 year, 1 representative each of labor and management shall be appointed for a term of 2 years, and 1 representative each of labor and management shall be appointed for a term of 3 years.
SECTION XX. The last sentence of said first paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by inserting, in line 28, after the words “15 days in a” the following word:- calendar.
SECTION XX. The second paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The council shall meet at the call of the director of apprenticeship and work-based learning and shall aid the director of apprenticeship and work-based learning in formulating policies for the effective administration of this chapter.
SECTION XX. The last sentence of said second paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by inserting, in line 36, after the word "director" the following words:- of apprenticeship and work-based learning.
SECTION XX. Section 11F of said chapter 23, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “deputy director of apprentice standards. The deputy director” and inserting in place thereof the following words:- director of apprenticeship and work-based learning. The director of apprenticeship and work-based learning.
SECTION XX. Section 11H of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “written agreement” in line 8, the following words:- , which may be electronically signed,
SECTION XX. Section 11H of said chapter 23, as so appearing, is hereby amended, by striking out paragraphs eight and nine, and inserting in place thereof the following paragraphs:-
“Director of apprenticeship and work-based learning”, the director of the division of apprentice standards.
“Division”, the division of apprentice standards in the executive office of labor and workforce development.
SECTION XX. Said section 11H of chapter 23, as so appearing, is hereby further amended by inserting at the end thereof, the following text:-
“Verification of Hours”, a formal notice issued by the division upon request by either an apprentice program sponsor, a registered apprentice, or a licensing entity, confirming the number of hours that the sponsor has reported to the division.
SECTION XX. Section 11K of said chapter 23, as so appearing, is hereby amended by striking out, in line 13, the word “orientation” and inserting in place thereof the following words:- orientation, genetic information.
SECTION XX. Subsection (b) of section 11T of said chapter 23, as so appearing, is hereby amended by striking out, in lines 5, 18, and 33, the words “deputy director” each time they appear, and inserting in place thereof, in each instance, the following words:- director of apprenticeship and work-based learning.
SECTION XX. Said subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby further amended by striking out, in line 12, the word “director” and inserting in place thereof the following words:- director of apprenticeship and work-based learning.
SECTION XX. Said subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
The determination of the director of apprenticeship and work-based learning shall be filed with the division and notice of the determination shall, at the same time, be emailed, to each person known by the division to be an interested person, at the last address on file with the division. A person aggrieved by a determination or action of the director of apprenticeship and work-based learning may, within the 10 business day period, appeal to the division, which shall hold a hearing after due notice to all interested parties. If no appeal is filed with the director of apprenticeship and work-based learning within 10 business days after the date of such filing and notice, the determination shall become the final decision.
SECTION XX. Said subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby further amended by inserting, in line 44, after the word “director”, the following words:- of apprenticeship and work-based learning.
SECTION XX. Subsection (a) of section 11U of said chapter 23, as so appearing, is hereby amended by inserting, in line 10, after the word “director”, the following words:- of apprenticeship and work-based learning.
SECTION XX. Subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby amended by striking out the first paragraph and insert in place thereof the following paragraph:-
The determination of the director of apprenticeship and work-based learning shall be filed with the division and notice of the determination shall, at the same time, be emailed to each person known by the division to be an interested person, at the last address on file with the division. If no appeal is filed with the director of apprenticeship and work-based learning within 10 business days after the date of the filing and notice, the determination shall become final.
SECTION XX. Said subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “deputy director may, within the time allowed, appeal to the director, who” and inserting in place thereof the following words:- director of apprenticeship and work-based learning may, within the time allowed, appeal to the division, which.
SECTION XX. Said subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby further amended by striking out, in line 25 and 26, the following words:- of the director.
SECTION XX. Subsection (d) of said section 11U of said chapter 23, as so appearing, is hereby amended by striking out, in line 34, the words “deputy director” and inserting in place thereof the following words:- director of apprenticeship and work-based learning.
SECTION XX. Section 11W of said chapter 23, as so appearing, is hereby amended by striking out the first to third sentences, inclusive, and inserting in place thereof the following 3 sentences:- The director of apprenticeship and work-based learning shall require each apprentice entering into a written agreement pursuant to this chapter to submit an application to the division for an apprentice identification card, which may be issued electronically. Such application shall be accompanied by a fee paid by the apprentice or the program sponsor, together with photographic prints and such other information as required by the director of apprenticeship and work-based learning, except that a veteran receiving education benefits from the Department of Veterans Affairs under Title 38 of the United States Code shall not be required to pay a fee. The apprentice identification card shall expire 1 year from the date of issue, but may be automatically renewed electronically in a manner designated by the division.
SECTION XX. Said section 11W of said chapter 23, as so appearing, is hereby further amended by inserting, in line 16, after the word “director”, the following words:- of apprenticeship and work-based learning.
SECTION XX. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 18 and 19, the words “deputy director requires; the date on which the apprentice identification card expires;” and inserting in place thereof the following words:- director of apprenticeship and work-based learning requires; the date on which the apprenticeship began;.
SECTION XX. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in line 21, the word “sponsor;” and inserting in place thereof the following words:- , sponsor, and may contain.
SECTION XX. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- As a condition of apprenticeship, the apprentice shall keep the apprentice identification card in a form designated by the division on his person during all hours of employment during the apprenticeship. Such designated form may vary by occupation.”