Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1889, S.D. 1, H.D. 2, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to ensure that all future apprenticeship agreements approved by the State will safeguard the welfare of apprentices. This bill amends the existing statute to reflect federal and state rules and the practices and procedures already in place within the Department of Labor and Industrial Relations (DLIR). Furthermore, this measure shifts final decision-making on apprenticeship matters to the body with expertise.

Section 1 of this bill adds to the standards that a program applicant must satisfy to submit a valid apprenticeship program to include standards reflected in the federal law. (See 29 C.F.R. §29.5(b)(1), (7), and (14)).

Section 1 of this bill also requires that where an application is received in a trade where an apprenticeship agreement already exists, the new applicant must show that a continuing need exists in the trade or group of trades and must show a compliance with the "equal to or better than" requirement that is already recognized by the department. Requiring a parallel program to be equal to or better than the existing program is designed to provide meaningful employment for the apprentices who must achieve competitive standards in their trade.

Section 2 of this bill expands the existing role of the apprenticeship council from a purely advisory body under section 372-4, Hawaii Revised Statutes (HRS), to one that is responsible for promoting and approving apprenticeship programs consistent with the standards for agreements. Under existing law, the Director of DLIR already relies on the views and opinions of the apprenticeship council, which has the requisite expertise and experience in the field and represents a cross-section of the community that is most directly involved in apprenticeship and education. We believe the apprenticeship council is better qualified to uphold the standards established by chapter 372, HRS. Empowering the apprenticeship council will not alter the standards each apprenticeship program must satisfy to gain approval. The federal law already recognizes that the apprenticeship council can have the authority to register and/or approve the local apprenticeship programs and agreements. (See 29 C.F.R. §29.2(o)).

Upon further consideration, your Committee on Conference has amended this measure by:

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1889, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1889, S.D. 1, H.D. 2, C.D. 1.