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1 State of Arkansas As Engrossed: S3/11/25 S3/18/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 390
4
5 By: Senator J. English
6 By: Representative Lundstrum
7
8 For An Act To Be Entitled
9 AN ACT TO ESTABLISH THE STATE APPRENTICESHIP AGENCY
10 ACT; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO ESTABLISH THE STATE APPRENTICESHIP
15 AGENCY ACT.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code � 6-50-503(c)(2), concerning the
20 responsibility for the selection of industries and occupations related to
21 work-based training programs, is amended to read as follows:
22 (2) The division, the Arkansas Apprenticeship Coordination
23 Steering Committee, the Office of Skills Development, and local sites shall
24 take joint responsibility for identifying the industries and occupations
25 selected in subdivision (c)(1) of this section.
26
27 SECTION 2. Arkansas Code Title 6, Chapter 52, Subchapter 2, is
28 repealed.
29 Subchapter 2 -- Apprenticeship Training Programs
30
31 6-52-201. Definitions.
32 In this subchapter:
33 (1) "Apprenticeship training program" means a training program that
34 provides on-the-job training, supplementary instruction, or related
35 instruction in a trade or occupation that has been certified as an
36 apprenticeable occupation by the United States Office of Apprenticeship;
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1 (2)(A) "Pre-apprenticeship" means programs that provide
2 instruction or training to increase math, literacy, and other vocational and
3 prevocational skills needed to enter a registered apprenticeship program.
4 (B) "Pre-apprenticeship" programs are not:
5 (i) Registered with the United States Department of
6 Labor during the term of the pre-apprenticeship training; or
7 (ii) Federally vetted, but a high-quality pre-
8 apprenticeship should have a minimum of one (1) registered apprenticeship
9 partner or a strong relationship with at least one (1) apprenticeship
10 program, feature training and curriculum that aligns with that program, and
11 include a wide range of support services designed specifically to help
12 participants succeed;
13 (3) "Program sponsor" means any person, association, committee,
14 business, or organization operating an apprenticeship program and in whose
15 name the program is registered or is in the process of registration by the
16 United States Office of Apprenticeship;
17 (4) "Related instruction" means organized off-the-job
18 instruction in theoretical or technical subjects required for the completion
19 of an apprenticeship program for a particular apprenticeable trade;
20 (5) "Supplementary instruction" means a course of instruction
21 for persons employed as journeymen craftsmen in an apprenticeable trade that
22 is designed to provide new skills or upgrade current skills; and
23 (6) "Youth apprenticeship" means a registered apprenticeship
24 program that has been validated by the United States Department of Labor or a
25 state apprenticeship agency serving individuals between sixteen (16) and
26 twenty-four (24) years of age and is sponsored by employers, labor management
27 organizations, or other organizations.
28
29 6-52-202. Applicability.
30 The provisions of this subchapter apply only to those apprenticeship
31 training programs which receive state funds pursuant to the provisions of �
32 6-52-207.
33
34 6-52-203. Rules.
35 The Office of Skills Development and the Arkansas Apprenticeship
36 Coordination Steering Committee shall promulgate rules necessary to implement
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1 the provisions of this subchapter.
2
3 6-52-204. Arkansas Apprenticeship Coordination Steering Committee.
4 (a)(1) The Governor shall appoint an Arkansas Apprenticeship
5 Coordination Steering Committee composed of members with the following
6 qualifications:
7 (A) One (1) member representing employer organizations;
8 (B) One (1) member representing labor unions or bargaining
9 agents for members of apprenticeable trades;
10 (C) One (1) member representing the minority and female
11 workforce who have knowledge of apprenticeship and are familiar with the
12 needs of vocational and technical education;
13 (D) Two (2) members who teach or immediately supervise
14 supplementary instruction or related instruction courses;
15 (E) Three (3) members representing employers who are
16 actively utilizing registered apprenticeship who have knowledge of
17 apprenticeship and are familiar with the needs of vocational and technical
18 education;
19 (F) One (1) member representing the Division of Career and
20 Technical Education who has knowledge of apprenticeship and is familiar with
21 the needs of vocational and technical education;
22 (G) One (1) member representing a state supported two-year
23 or four-year institution of higher education who has knowledge of
24 apprenticeship and is familiar with the needs of vocational and technical
25 education;
26 (H) One (1) member representing the Arkansas Workforce
27 Innovation and Opportunity Act, � 15-4-3701 et seq., workforce system who has
28 knowledge of apprenticeship and is familiar with the needs of vocational and
29 technical education; and
30 (I) One (1) member representing the Office of Skills
31 Development.
32 (2) Members of the committee shall serve terms of four (4)
33 years.
34 (3) Vacancies shall be filled for the unexpired portion of a
35 term vacated.
36 (4) The Governor shall consult the Office of Skills Development
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1 before making an appointment under this subsection.
2 (5) Appointments made by the Governor under this subsection
3 shall be subject to confirmation by the Senate.
4 (b) Advisory members of the committee shall include the following:
5 (1) Two (2) persons designated by the Office of Skills
6 Development; and
7 (2) One (1) person designated by and representing the United
8 States Office of Apprenticeship.
9
10 6-52-205. Arkansas Apprenticeship Coordination Steering Committee --
11 Duties.
12 (a) The Arkansas Apprenticeship Coordination Steering Committee shall
13 recommend to the Career Education and Workforce Development Board a statewide
14 plan for the development of a comprehensive program of apprenticeship
15 training that shall include but not be limited to the following:
16 (1) Formulas and administrative procedures to be used in
17 requesting appropriations of state funds for apprenticeship training and
18 apprenticeship expansion efforts;
19 (2) Forms, formulas, and administrative procedures to be used in
20 distributing available funds to apprenticeship training programs and
21 apprenticeship expansion efforts; and
22 (3) The content and method of the public notice required by this
23 subchapter.
24 (b)(1) The Office of Skills Development shall furnish the committee
25 with the current data necessary to develop the plan.
26 (2) All state boards and agencies shall cooperate with the
27 committee and shall furnish information and material on request.
28 (c) Pursuant to this section, the reporting procedures shall be
29 included in the state plan for apprenticeship.
30
31 6-52-206. Recommendations.
32 (a) Recommendations of the Arkansas Apprenticeship Coordination
33 Steering Committee submitted to the Office of Skills Development must be
34 acted on and either accepted or rejected.
35 (b) A recommendation which is rejected must be returned immediately to
36 the committee, accompanied by written notice of the reasons for rejecting the
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1 recommendation.
2
3 6-52-207. Training programs generally.
4 (a) Under this subchapter, the Director of the Office of Skills
5 Development shall allocate state funds for the support of apprenticeship
6 training programs that meet the criteria stated in this subchapter.
7 (b) An apprenticeship training program may be cosponsored by a public
8 school district, an education service cooperative, a state postsecondary
9 institution, a vocational-technical school, or a two-year community college
10 pursuant to a contract between the district or institution and an
11 apprenticeship program sponsor.
12 (c) An apprenticeship training program shall be under the direction of
13 an apprenticeship coordinator appointed by an apprenticeship program sponsor
14 who shall perform the duties stated in � 6-52-208.
15 (d)(1) Each apprentice participating in an apprenticeship training
16 program shall be given a written apprenticeship agreement by an
17 apprenticeship program sponsor stating the standards and conditions of his or
18 her employment and training.
19 (2) The apprenticeship agreements are furnished by the United
20 States Office of Apprenticeship.
21 (e)(1) An apprentice shall not be charged tuition or fees by a public
22 school district or state postsecondary institution.
23 (2)(A) However, an administrative fee may be charged to cover
24 the costs of processing the records of an apprentice.
25 (B) The fee allowed under subdivision (e)(2)(A) of this
26 section shall not exceed twenty-five dollars ($25.00) for each course in
27 which the apprentice is enrolled.
28 (3) The apprentice or an apprenticeship program sponsor may be
29 required to furnish books and special equipment.
30 (f)(1) Funding for an apprenticeship training program, in addition to
31 any other money available, shall be based on:
32 (A) Allocation of funds to an apprenticeship program
33 sponsor by the Office of Skills Development, as referred to in subsection (a)
34 of this section; or
35 (B) Terms of a contract between an apprenticeship program
36 sponsor and a cosponsor, as referred to in subsection (b) of this section.
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1 (2) An apprenticeship program sponsor may charge an apprentice
2 or the employer of the apprentice tuition and fees to cover administrative
3 costs incurred while the apprentice is registered with the apprenticeship
4 program sponsor.
5 (g) The terms of the contract referred to in subsection (b) of this
6 section shall require without limitation the following in order to
7 effectively administer the apprenticeship training program in a manner
8 consistent with the public's need for skilled workers and the apprentice's
9 need for marketable skills in apprenticeable occupations:
10 (1) Adequate facilities;
11 (2) Personnel; and
12 (3) Resources.
13 (h) An apprenticeship training program shall be registered with the
14 United States Office of Apprenticeship and the Office of Skills Development.
15
16 6-52-208. Duties of apprenticeship program sponsors.
17 (a) The apprenticeship program sponsor of each apprenticeship training
18 program shall:
19 (1) Establish standards and goals for supplementary instruction
20 and related instruction for apprentices in the program;
21 (2) Establish rules governing the on-the-job training and other
22 instruction for apprentices in the program;
23 (3) Plan and organize instructional materials designed to
24 provide technical and theoretical knowledge and basic skills required by
25 apprentices in the program;
26 (4) Recommend qualified instructors for the program;
27 (5) Monitor and evaluate the performance and progress of each
28 apprentice in the program and the program as a whole; and
29 (6) Interview applicants and select those most qualified for
30 entrance into the program.
31 (b) A program must provide for the keeping of records of the on-the-
32 job training and progress of each apprentice.
33 (c) A program must require instructors to maintain recommended
34 qualifications.
35 (d) A program must perform any other duties which promote the goals of
36 individual apprentices and of the program as a whole.
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1 (e)(1) An apprenticeship program sponsor shall provide the names of
2 the employers who enroll apprentices into the program to the Office of Skills
3 Development on or before September 1 of each fiscal year.
4 (2) The office shall not publish the names of the employers who
5 have enrolled apprentices, nor use the employer names for a purpose other
6 than program administration and research, unless approved by the employer.
7 (3) The names of employers provided by apprenticeship program
8 sponsors under this subsection shall be exempt from the Freedom of
9 Information Act of 1967, � 25-19-101 et seq.
10
11 SECTION 3. Arkansas Code Title 6, Chapter 52, is amended to add an
12 additional subchapter to read as follows:
13 Subchapter 3 -- State Apprenticeship Agency Act
14
15 6-52-301. Title.
16 This subchapter shall be known and may be cited as the "State
17 Apprenticeship Agency Act".
18
19 6-52-302. Definitions.
20 As used in this subchapter:
21 (1) "Apprentice" means a worker who is:
22 (A) At least sixteen (16) years of age; and
23 (B) Employed to learn an apprenticeable occupation or
24 trade as defined in 29 C.F.R. � 29.4;
25 (2) "Apprenticeship" means a program for the recruitment,
26 selection, employment, and training of apprentices that is developed under 29
27 C.F.R. �� 29 and 30 and the rules of the State Apprenticeship Agency;
28 (3) "Apprenticeship agreement" means a written agreement between
29 an apprentice and a sponsor that contains the terms and conditions of the
30 apprentice's employment and training consistent with 29 C.F.R. � 29.7 and
31 this subchapter;
32 (4) "Cancellation" means the termination of:
33 (A) The registration of a pre-apprenticeship or
34 apprenticeship at the request of the sponsor; or
35 (B) An apprenticeship agreement at the request of the
36 apprentice;
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1 (5) "Deregistration" means the termination of the registration
2 of a pre-apprenticeship or apprenticeship by the State Apprenticeship Agency;
3 (6) "Employer" means a person employing an apprentice;
4 (7) "On-the-job training" means training that is:
5 (A) Provided to a paid apprentice who is engaged in
6 productive work in an occupation when the work provides knowledge or skills
7 essential to the full and adequate performance of the occupation; and
8 (B) Limited in duration as appropriate to the occupation
9 for which the apprentice is being trained based on the content of the
10 training and the apprentice's prior work experience;
11 (8) "Pre-apprenticeship" means a program or set of services
12 recognized by the State Apprenticeship Agency for state purposes, in
13 partnership with a registered apprenticeship program, designed to prepare
14 individuals to enter and succeed in a registered apprenticeship program;
15 (9)(A) "Related technical instruction" means an organized and
16 systematic form of instruction designed to provide an apprentice with
17 knowledge of the theoretical and technical subjects related to his or her
18 trade or occupation approved by the State Apprenticeship Agency.
19 (B) "Related technical instruction" includes instruction
20 that is provided:
21 (i) In a classroom;
22 (ii) Through occupation or industrial courses;
23 (iii) By correspondence courses;
24 (iv) Through electronic media; or
25 (v) Through other forms of self-study; and
26 (10) "Sponsor" means a person, association, committee, business,
27 state agency, or organization operating an apprenticeship or a pre-
28 apprenticeship program and in whose name the apprenticeship or pre-
29 apprenticeship program is or is to be registered or approved.
30
31 6-52-303. Creation of State Apprenticeship Agency.
32 (a) There is created the State Apprenticeship Agency within the Office
33 of Skills Development in accordance with 29 U.S.C. � 50 and 29 C.F.R. �� 29
34 and 30 to:
35 (1) Serve as the state registration agency for apprenticeship
36 programs;
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1 (2) Establish rules regarding the registration of pre-
2 apprenticeships, apprenticeships, and apprentices; and
3 (3) Resolve disputes between parties to an apprenticeship
4 agreement.
5 (b)(1) The agency shall be under the direction of the Director of the
6 Office of Skills Development.
7 (2) The director may appoint a deputy director for the agency
8 who shall:
9 (A) Serve at the pleasure of the director;
10 (B) Manage the agency; and
11 (C) Perform duties as necessary to effectuate the intent
12 of this subchapter.
13 (c) By December 31, 2025, the director shall submit an application to
14 the Administrator of the United States Office of Apprenticeship to be
15 recognized as the state apprenticeship agency that shall comply with
16 applicable federal law.
17 (d) The duties created in this section are in addition to the duties
18 established for the Office of Skills Development under � 25-30-102.
19
20 6-52-304. Rules.
21 (a) The Office of Skills Development shall promulgate rules necessary
22 to implement this subchapter, including without limitation rules addressing
23 the registration, degregistration, cancellation, and reinstatement of pre-
24 apprenticeships, apprenticeships, and apprentices.
25 (b) A rule promulgated under this subchapter shall conform to the
26 registered apprenticeship regulations under 29 C.F.R. �� 29 and 30.
27
28 6-52-305. Duties.
29 (a) The State Apprenticeship Agency shall develop a nationally
30 recognized state apprenticeship completion credential, as described in 29
31 C.F.R. � 29.5, for completing a registered apprenticeship program.
32 (b) The agency may register apprenticeship programs that are mandated
33 by state or federal law as a result of the sponsor receiving funds or
34 resources from the state or funds or resources from the United States
35 Government that require the creation of an apprenticeship program in
36 accordance with a federal grant administered by this state.
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1 (c)(1) The Director of the Office of Skills Development may promulgate
2 rules on behalf of the agency as necessary to effectuate the intent of this
3 subchapter under � 25-30-102(a)(9).
4 (2) A rule promulgated under this subchapter shall conform to
5 the registered apprenticeship regulations under 29 C.F.R. �� 29 and 30.
6 (d)(1) The director or the Deputy Director of the State Apprenticeship
7 Agency shall allocate state funds for the support of apprenticeship training
8 programs.
9 (2) Funding for an apprenticeship training program, in addition
10 to any other moneys available, shall be based on the allocation of funds to
11 an apprenticeship program sponsor by the agency.
12
13 6-52-306. Registration of apprenticeship program.
14 (a) A sponsor may apply to register an apprenticeship program with the
15 State Apprenticeship Agency.
16 (b) A registered apprenticeship program shall include without
17 limitation:
18 (1) On-the-job training from an employer;
19 (2) Related technical instruction; and
20 (3) The opportunity for an apprentice to earn a portable,
21 nationally-recognized industry credential.
22 (c) A sponsor of a registered pre-apprenticeship or registered
23 apprenticeship is responsible for the administration and supervision of on-
24 the-job training and related technical instruction for each apprentice in the
25 registered pre-apprenticeship or registered apprenticeship.
26
27 6-52-307. Arkansas Apprenticeship Council -- Duties.
28 (a) There is established the Arkansas Apprenticeship Council to be an
29 advisory council composed of individuals representing employer organizations
30 and employee organizations who:
31 (1) Have operational experience of registered apprenticeship
32 programs; or
33 (2) Employ registered apprentices.
34 (b) The Governor shall appoint the members of the council who shall
35 have the following qualifications:
36 (1) Two (2) members representing employer organizations;
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1 (2) Two (2) members representing employee organizations; and
2 (3) Three (3) members representing the public who:
3 (A) Have operational experience of registered
4 apprenticeship programs; or
5 (B) Employ registered apprentices.
6 (c) A member of the council shall serve a term of four (4) years.
7 (d) A vacancy shall be filled by the Governor for the unexpired
8 portion of the vacated term.
9 (e) A majority of the members of the council shall represent the
10 construction industry.
11 (f) The council shall meet at least four (4) times in a fiscal year.
12 (g) The council shall:
13 (1) Advise the State Apprenticeship Agency regarding duties
14 under � 6-52-305;
15 (2) Provide community outreach and education regarding the
16 benefits of apprenticeship;
17 (3) Establish approved training methods for the operation of
18 apprenticeship programs in Arkansas;
19 (4) Establish enforcement actions for apprenticeship program
20 sponsors that are not operating in accordance with the rules of Arkansas
21 Registered Apprenticeship Programs; and
22 (5) Establish journeyman-to-apprentice ratios.
23
24 SECTION 4. Arkansas Code � 6-55-104(b), concerning administration of
25 the Arkansas Construction Industry Craft Training Program, is amended to read
26 as follows:
27 (b) The program will be administered by the Office of Skills
28 Development in collaboration with the Arkansas Apprenticeship Coordination
29 Steering Committee created by � 6-52-204.
30
31 SECTION 5. Arkansas Code � 6-55-105 is amended to read as follows:
32 6-55-105. Program plan.
33 In addition to the duties of the Arkansas Apprenticeship Coordination
34 Steering Committee Office of Skills Development contained in � 6-52-205 under
35 � 6-52-305, the committee office is authorized to develop a plan for the
36 Arkansas Construction Industry Craft Training Program which shall include,
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1 but not be limited to, including without limitation the following:
2 (1) Formulas and administrative procedures to be used in
3 requesting appropriations of state funds for the program Arkansas
4 Construction Industry Craft Training Program;
5 (2) Forms, formulas, and administrative procedures to be used in
6 distributing funds to construction craft training programs; and
7 (3) Other administrative procedures or rules as may be necessary
8 for the equitable and efficient operation of the program Arkansas
9 Construction Industry Craft Training Program.
10
11 SECTION 6. Arkansas Code � 6-55-107(d), concerning the expenditure of
12 moneys from the Arkansas Construction Industry Craft Training Trust Fund, is
13 amended to read as follows:
14 (d) Upon the recommendation of the Arkansas Apprenticeship
15 Coordination Steering Committee, the The Office of Skills Development shall
16 expend the moneys in the fund from time to time to support the training
17 program prescribed in this chapter.
18
19 SECTION 7. Arkansas Code � 6-55-108 is amended to read as follows:
20 6-55-108. Rules.
21 The Office of Skills Development and the Arkansas Apprenticeship
22 Coordination Steering Committee shall promulgate rules necessary to implement
23 the provisions of this chapter.
24
25 SECTION 8. Arkansas Code � 19-5-1114(b)(2), concerning the
26 administration of the Arkansas Construction Industry Craft Training Trust
27 Fund, is amended to read as follows:
28 (2) The fund shall be used to support training programs set out
29 in The Arkansas Construction Industry Craft Training Act, � 6-55-101 et seq.,
30 administered by the Office of Skills Development and the Arkansas
31 Apprenticeship Coordination Steering Committee.
32
33 SECTION 9. Arkansas Code � 25-16-903(55), concerning certain state
34 boards that are authorized to provide a sixty dollar stipend by majority vote
35 of each state board's membership, is repealed.
36 (55) Arkansas Apprenticeship Coordination Steering Committee;
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