HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 178

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON APPRENTICESHIP AND TRAINING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 8512, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8512. Council on Apprenticeship and Training.

(a) The Council on Apprenticeship and Training is established and shall serve in an advisory capacity to the Secretary of Labor and shall consider for matters relating to apprenticeship and occupational training registered apprenticeships, occupational training, and such other matters as may be referred to it by the Governor, Secretary of the Department Department, or Director of Industrial Affairs. the Division of Employment and Training. The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate, in order to enable the Division to function in the best possible manner. shall do the following:

(1) Advise the Secretary on registered apprenticeship matters, including any of the following:

a. Related and supplemental instruction.

b. Credit for prior learning.

c. Trends relating to apprenticeships and training and the supply and demand for skilled labor or apprentices.

d. Increasing diversity in occupations that use registered apprenticeships.

e. Matters deemed appropriate by either the Council or the Secretary to enable the Department to function in the best possible manner.

(2) Carry out any required role provided for in the Department’s apprenticeship and training regulations.

(3) Advise the Secretary on matters related to the Department’s regulations, policies, or procedures relating to registered apprenticeships.

(4) Recommend research projects as warranted.

(b) The Council on Apprenticeship and Training, upon the effective date of this chapter, shall be composed of the members of the State Council on Apprenticeship and Training whose terms, as of the effective date of this chapter, have not expired, with the exception of the Chairperson of the Department of Labor and Industrial Relations whose term shall end as of the effective date of this chapter. Each member shall serve on the Council on Apprenticeship and Training for the period of the member’s unexpired term, unless the member vacates the member’s position by resignation, death or incapacity or unless the person retires and ceases to be a working member of an employee organization or employer. The Council shall be composed of 7 members, 6 of whom shall be appointed by the Governor. Three of the appointed members shall be representatives of employee organizations and 3 of the appointed members shall be representatives of employers. The Director of the Department for Vocational Education shall be an ex officio voting member of the Council. The State Supervisor of the United States Department of Labor, Bureau of Apprenticeship and Training, shall be a consultant to the Council. The terms of the newly appointed members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 appointees shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years, provided, however, that the Governor may appoint members for terms of less than 3 years to ensure that the Council members’ terms expire on a staggered basis. The Council shall be composed of 11 members as follows:

(1) The Department of Education, Director of Career and Technical Education or the Director’s designee.

(2) The Secretary of the Department of Human Resources or the Secretary’s designee.

(3) The President of Delaware Technical Community College or the President’s designee.

(4) Eight members shall be appointed by the Governor as follows:

a. Three appointed members shall represent employee organizations.

b. Three appointed members shall represent employers.

c. One appointed member shall represent unemployed or underemployed populations, or a population underrepresented in registered apprenticeship programs.

d. One appointed member shall be a superintendent of a vocational-technical school district or the superintendent’s designee.

e. Preferably, 1 of the 6 members appointed to represent employee organizations and employers in paragraphs (3)a. and (3)b. of this subsection will be an existing member of the Delaware Workforce Development Board.

(c) At least 3, but no more than 4, of the newly appointed members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council. Council members shall serve for a 2 year term and may serve no more than 2 consecutive terms. An appointed Council member remains eligible to participate in Council proceedings until replaced by the Governor. The Governor may appoint members for terms of less than 2 years to ensure the Council members’ terms expire on a staggered basis.

(d) The Regional Director for the United States Department of Labor, Bureau of Apprenticeship and Training shall be invited to serve as a consultant to the Council.

(d) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(e) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year up to 2 years and shall be is not eligible for reelection. Ex officio members may not serve as the Chairperson.

(f) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term.

(g) The Council shall receive administrative support from the Department.