Maryland HB 467: Providing Our Workers Education and Readiness (POWER) - Apprenticeship Act

Bill Text

LAWRENCE J. HOGAN, JR., Governor Ch. 782

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Chapter 782
(House Bill 467)

AN ACT concerning

Providing Our Workers Education and Readiness (POWER) – Apprenticeship
Act

FOR the purpose of requiring a contractor or subcontractor awarded a certain contract for
a certain construction project that receives certain funding from the State capital
budget to be affiliated with, and to use apprentices from, an apprenticeship program
that is registered with and approved by the Department of Labor, Licensing, and
Regulation or the United States Department of Labor, or requiring the contractor or
subcontractor to make certain payments to the State Apprenticeship Training Fund
or to certain apprenticeship programs under certain circumstances; providing that,
under a certain circumstance, certain contractors and subcontractors are not subject
to the requirement; requiring certain contractors and subcontractors to make certain
payments in a certain manner under certain circumstances; authorizing a contractor
or subcontractor to make a certain request; requiring the Secretary of Labor,
Licensing, and Regulation to make a good–faith effort to accommodate a certain
request; requiring registered apprenticeship programs that receive certain funds to
certify to the Secretary that the funds are used solely for the purpose of improving
or expanding apprenticeship training; authorizing the State Apprenticeship
Training Fund to include certain payments made in accordance with this Act;
requiring the Secretary to use the money in the Fund to pay certain costs; requiring
the Secretary to adopt certain regulations; establishing a certain penalty; providing
that a certain contractor or subcontractor that fails to meet certain requirements
shall be liable for a certain amount; establishing a certain penalty; authorizing the
Secretary to file suit to enforce certain provisions in a certain court; requiring a
certain court to require a certain contractor or subcontractor to pay certain amounts;
defining certain terms; providing for the application of this Act; and generally
relating to a requirement that certain contractors and subcontractors awarded
certain contracts be affiliated with certain apprenticeship programs and use certain
registered apprentices or make certain payments to the State Apprenticeship
Training Fund or to certain apprenticeship programs.

BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 17–602
Annotated Code of Maryland
(2015 Replacement Volume and 2016 Supplement)

BY adding to
Article – State Finance and Procurement
Section 17–6A–01 through 17–6A–05 17–6A–06 to be under the new subtitle
“Subtitle 6A. Apprenticeship Requirements for Capital Construction Projects”

Ch. 782 2017 LAWS OF MARYLAND

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Annotated Code of Maryland
(2015 Replacement Volume and 2016 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – State Finance and Procurement

17–602.

(a) There is a State Apprenticeship Training Fund in the Department.

(b) The Fund consists of:

(1) payments made by contractors or subcontractors in accordance with
this subtitle AND SUBTITLE 6A OF THIS TITLE; and

(2) penalties collected as a result of violations of this subtitle AND
SUBTITLE 6A OF THIS TITLE.

(c) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this
article.

(d) The State Treasurer shall hold the Fund separately, and the Comptroller shall
account for the Fund.

(e) The Secretary shall use money in the Fund to:

(1) promote preapprenticeship programs and other workforce development
programs in the State’s public secondary schools and community colleges that assist
students in preparing for and entering apprenticeship training programs; and

(2) pay any costs associated with carrying out the provisions of this subtitle
AND SUBTITLE 6A OF THIS TITLE.

SUBTITLE 6A. APPRENTICESHIP REQUIREMENTS FOR CAPITAL CONSTRUCTION
PROJECTS.

17–6A–01.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B) “CONSTRUCTION” INCLUDES:

LAWRENCE J. HOGAN, JR., Governor Ch. 782

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(1) BUILDING;

(2) RECONSTRUCTING;

(3) IMPROVING;

(4) ENLARGING;

(5) PAINTING AND DECORATING;

(6) ALTERING;

(7) MAINTAINING; AND

(8) REPAIRING.

(C) (1) “COVERED CONTRACT” MEANS A CONTRACT:

(I) FOR A CAPITAL CONSTRUCTION PROJECT FUNDED WITH AT
LEAST $1,000,000 OF FUNDS IN THE STATE CAPITAL BUDGET;

(II) ENTERED INTO BY THE RECIPIENT OF THE FUNDING IN THE
STATE CAPITAL BUDGET AND A CONTRACTOR, OR THE CONTRACTOR AND A
SUBCONTRACTOR; AND

(III) FOR AN AMOUNT OF $500,000 OR MORE.

(2) “COVERED CONTRACT” DOES NOT INCLUDE A CONTRACT FOR A
COVERED PROJECT AS DEFINED IN § 17–601(D) OF THIS TITLE.

(D) “DEPARTMENT” MEANS THE DEPARTMENT OF LABOR, LICENSING, AND
REGULATION.

(E) “FUND” MEANS THE STATE APPRENTICESHIP TRAINING FUND
ESTABLISHED UNDER § 17–602 OF THIS TITLE.

(F) “REGISTERED APPRENTICESHIP PROGRAM” MEANS AN
APPREN