AB 459 — Revises provisions relating to workforce development. (BDR 18-1068)

(e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

- *AB459_R1* – 4 – (g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.

- 81st Session (2021) – 4 – (i) Report periodically to the Governor’s Workforce Investment Board concerning the administration of the policies and programs of the Governor’s Office of Workforce Innovation.

(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governor’s Office of WorkforceWorkforce, findings Innovation.

and (3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupationthat oradversely professionaffect thatpublic ishealth regulatedor bysafety.a a regulatory body that adverselyAs affectused publicin healththis orparagraph, safety.“regulatory body” has the meaning ascribed to it in NRS 622.060.

 As used in this paragraph, “regulatory body” has the meaning ascribed to it in NRS 622.060.

- *AB459_R1* – 5 – 1.

- 81st Session (2021) – 5 – 4.

232.900 As used in NRS 232.900 to 232.960, inclusive, and sections 3 to 6, inclusive, of this act unless the context otherwise requires:

The Governor’s Office of Workforce Innovation, Nevada Equal Rights Commission and the Board for the Education and Counseling of Displaced Homemakers are within the Department.

The P-20W Research Data System Advisory Committee is hereby created to assist in the coordination and management of the statewide longitudinal data system administered by the Governor’s Office of Workforce Innovation pursuant to [NRS 223.820.] section 5 of this act.

- *AB459_R1* – 6 – 3.

- 81st Session (2021) – 6 – 4.

5.and, after its first meeting, at the call of the Chair.endar year 6.

The CommitteeGovernor’s shallOffice meetof atWorkforce leastInnovation onceshall eachprovide calendarany yearadministrative and,support afternecessary itsfor firstthe meeting,Committee atto thecarry callout ofits theduties. Chair.

6.

The Office of Workforce Innovation shall provide any administrative support necessary for the Committee to carry out its duties.

(a) Support and advise the Executive Director of the Governor’s Office of Workforce Innovation regarding the maintenance and oversight of the statewide longitudinal data system;

and (c) Advise and assist the System, the Department of Education, the Governor’s Office of Workforce Innovation and the Department of Employment, Training and Rehabilitation in:

and (4) Matters relating to any contract for any services necessary for the operation or utilization of the statewidestatewides longitudinal data system or to carry out the work of the Committee.

As used in this section, “statewide longitudinal data system” means the system administered by the Governor’s Office of Workforce Innovation pursuant to [NRS 223.820.] section 5 of this act.

10.5.10.2.

Chapter 607 of NRS 400.045 is hereby amended by adding thereto a new section to read as follows:

400.045 On or before June 30 of each even-numbered year, the Committee shall:

ThePrepare Officeand post a written report of theits Laboractivities Commissionerand shallany actrecommendations ason the StateInternet Apprenticeshipwebsite Agencymaintained asby definedthe inGovernor’s 29Office C.F.R.of Workforce Innovation;

and 2.

Submit a copy of the written report prepared pursuant to subsection 1 to the:

- 81st Session (2021) – 7 – (a) Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature;

and (b) Governor.

Sec.

10.5.

Chapter 607 of NRS is hereby amended by adding the1.to The Office of the Labor Commissioner shall act as the State Apprenticeship Agency as defined in 29 C.F.R.

The Labor Commissioner shall oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and perform such - *AB459_R1* – 7 – other functions as may be deemed necessary to carry out the intent and purposes of chapter 610 of NRS.

(a) A physical or mental impairment that substantially limits one or more(b) ofA therecord major life activities of thesuch person;an impairment;

(b)orhe Aperson; record of such an impairment;

or (c) Being regarded as having such an impairment.

- 81st Session (2021) – 8 – [9.] 7.

“State Apprenticeship Director” means the person appointedappSec. pursuant to NRS 610.110.

Sec.

- *AB459_R1* – 8 – (b) Two members who represent labor and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.

(b) The Superintendent of Public Instruction or his or her designee.des(c) One representative of a community college located in a county whose population is 700,000 or more, appointed by the Chancellor of the Nevada System of Higher Education.

(c) One representative of a community college located in a county whose population is 700,000 or more, appointed by the Chancellor of the Nevada System of Higher Education.

- 81st Session (2021) – 9 – 3.

The Council shall meet at least once in each calendar quarter at a time and place specified by the call of the Chair, the State Apprenticeship Director, the [Executive Director] Labor Commissioner or a majority of the members of the Council.

SpecialSpecialbor meetings of the Council may be held at the call of the Chair, the State Apprenticeship Director, the [Executive Director] Labor Commissioner or a majority of the members of the Council at such additional times as they deem necessary.

- *AB459_R1* – 9 – 2.

(d) Must have the demonstrated ability to administer a major public agency in the field of workforce development, and must possesspossess(1) theA followingcomprehensive skillsknowledge of administrative principles and attributes:a working knowledge of broad principles relating to subject matters under his or her administrative direction.

(1) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his or her administrative direction.

- 81st Session (2021) – 10 – Sec.

(a) Administer the provisions of this chapter with the advice and guidancegui(b) Keep a record of theagreements Stateand Apprenticeshiptheir Council.dispositions.

(b) Keep a record of agreements and their dispositions.

(g) Assist the Council in identifying opportunities for linkages and coordination with the State’s economic development strategies - *AB459_R1* – 10 – and workforce investment system that is paid for wholly or in part with public money, in accordance with 29 C.F.R.

(j)(k) Perform such other administrative duties onas behalfare ofnecessary theto Council.carry out thel.

(k) Perform such other duties as are necessary to carry out the intent and purposes of this chapter.

- 81st Session (2021) – 11 – Sec.

Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an occupation in which a person may be apprenticed and be subscribed to by a sponsor who has undertaken to carry out the program.

or (d) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R.

- *AB459_R1* – 11 – (b) A term of apprenticeship of not less than 2,000 hours of work experience, consistent with training requirements as established by practice in the trade;

(c) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;pro(d) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;

(d) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;

(g) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment - 81st Session (2021) – 12 – and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application in terms of job sites, workforces, departments or plants;

(h) A probationary period that is reasonable in relation to the toward the completion of the full term of apprenticeship,apprenticeship;hat withperiod full(i) creditProvisions givenfor adequate and safe equipment and facilities for thattraining periodand towardsupervision and for the completiontraining of apprentices in safety on the fulljob termand ofin apprenticeship;related instruction;

(i) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

(m) Provisions for the transfer of the employer’s training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same - *AB459_R1* – 12 – or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

(o) Provisions for the issuance of an appropriate certificate evidencingevi(p) An identification of the successfulOffice completionof [Workforce Innovation] the Labor Commissioner as the agency for registration of anthe apprenticeship;program;

(p) An identification of the Office of [Workforce Innovation] the Labor Commissioner as the agency for registration of the program;

Part 30 or a state plan for equal opportunity in employment - 81st Session (2021) – 13 – in apprenticeships adopted pursuant to 29 C.F.R.

and (v) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council andandds applicable laws.

The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered - *AB459_R1* – 13 – pursuant to [NRS 223.820,] section 5 of this act, make the information obtained by the Division available to:

(a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531;

andandomplying with the provisions of subsection 4 of NRS (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

- 81st Session (2021) – 14 – (c) The Internal Revenue Service of the Department of the Treasury;

(e) The State Contractors’ Board in the performance of its duties to enforce(f) The Secretary of State to operate the provisionsstate business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 62475A of NRS;NRS.

and (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Except as otherwise provided in NRS 239.0115, the information obtained by - *AB459_R1* – 14 – the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of aat debt or obligation assigned to the State Controller for collection or owed to that local government.

Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by - 81st Session (2021) – 15 – each employer.

The Administrator may require the state agency to certify in writing that the agency will take all actionsand necessaryprevent toits maintainunauthorized thedisclosure.entiality confidentiality of the information and7. prevent its unauthorized disclosure.

7.

In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by eacheachresses - *AB459_R1* – 15 – employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS.

The court or jury commissioner who requests the list of such persons shall reimburse - 81st Session (2021) – 16 – the Division for the reasonable cost of providing the requested information.

The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of eacheachlished person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:

- *AB459_R1* – 16 – (a) Uses or permits the use of the list for any political purpose;

or (c) Fails to protect and prevent the unauthorized use or dis14.dissemination of information derived from the list.

14.

- 81st Session (2021) – 17 – Sec.

13.5.

Section 2 of Senate Bill No.

247 of this session is hereby amended to read as follows:

2.

NRS 610.144 is hereby amended to read as follows:

by the Council, a proposed program must:stration and approval [1.] (a) Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation [in which a person may be apprenticed] , as defined in 29 C.F.R.

§ 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.

[2.] (b) Except as otherwise provided in this paragraph, use a:

(1) Time-based approach, as described in 29 C.F.R.

§ 29.5(b)(2)(i);

(2) Competency-based approach, as described in 29 C.F.R.

§ 29.5(b)(2)(ii);

or (3) Hybrid approach, as described in 29 C.F.R.

§ 29.5(b)(2)(iii).

 A program for a construction trade must use a time- based approach.

(c) Contain the pledge of equal opportunity prescribed in C.F.R.

§ 30.3(c) and, when applicable:

[(a)] (1) A plan of affirmative action in accordance with C.F.R.

§ 30.4;

[(b)] (2) A method of selection authorized in 29 C.F.R.

§ 30.1[(c)] (3) A nondiscriminatory pool for application as an apprentice;

or [(d)] (4) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R.

Part 30 and approved by the United States Department of Labor.

[3.] (d) Provide for the development of skills that are intended to enable an apprentice to engage in a skilled trade generally, rather than for a particular employer or sponsor.

(e) Contain:

[(a)] (1) Provisions concerning the employment and training of the apprentice in a skilled trade;

[(b)] (2) A term of apprenticeship that:

(I) If the program uses a time-based approach, requires the completion of not less than 2,000 hours of [work - 81st Session (2021) – 18 – experience,] on-the-job learning, consistent with training requirements as established by practice in the trade;

[(c)] (II) If the program uses a competency-based approach, specifies the skills that must be demonstrated by integrated into the program;

or on-the-job learning will be (III) If the program uses a hybrid approach, specifies the skills that must be acquired and the minimum number of hours of on-the-job learning that must be completed by an apprentice;

(3) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;

[(d)] (4) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;

[(e)] (5) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations , [or] by a collective bargaining agreement [;] or by the minimum apprentice wage established by the Council;

[(f)] (6) Provisions for a periodic review and evaluation related instruction and the maintenance of appropriate records of such progress;

[(g)] (7) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application ;

[in terms of job sites, workforces, departments or plants;

(h)] (8) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;

[(i)] (9) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

- 81st Session (2021) – 19 – [(j)] (10) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;

[(k)] (11) Provisions for the placement of an apprentice incorporating directly or by reference the standards of the program;

[(l)] (12) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;

[(m)] (13) Provisions for the transfer of the employer’s training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

[(n)] (14) Provisions for the assurance of qualified training personnel and adequate supervision on the job;

[(o)] (15) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;

[(p)] (16) An identification of the Office of the Labor Commissioner as the agency for registration of the program;

[(q)] (17) Provisions for the registration of agreements and of modifications and amendments thereto;

[(r)] (18) Provisions for notice to the State completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;

[(s)] (19) Provisions for the termination of an agreement during the probationary period by either party without cause;

[(t)] (20) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R.

Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R.

Part 30 and approved by the United States Department of Labor;

[(u)] (21) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints;

and - 81st Session (2021) – 20 – [(v)] (22) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws.

2.

If a program of apprenticeship in a skilled trade is approval and registration by the Council and the Council has previously approved and registered a program for the skilled trade, the Council shall provide a copy of the proposed program to the sponsor of the approved and registered program and hold a hearing before approving or rejecting the application.

The Council shall not approve a proposed program pursuant to this subsection unless the program requires the completion of at least as many hours of on-the-job learning or the demonstration of at least the same number and quality of skills, or both, as applicable, as all existing approved and registered programs in the relevant skilled trade.

3.

To determine whether a proposed program should be approved or rejected pursuant to subsection 2, the Council shall consider, in addition to the requirements in subsections 1 and 2, without limitation:

(a) Relevant information concerning the approved and registered program, including, without limitation, the standards for apprenticeship of the program;

(b) Whether the sponsor of the approved and registered program is jointly administered by labor and management;

(c) The provisions of any applicable collective bar(d) Dictionaries of occupational titles;

(e) Opinions of experts provided by interested parties, including, without limitation, organized labor, licensed contractors and associations of contractors;

(f) Recognized labor and management practices in the relevant industry;

(g) Scope of work descriptions issued by the Labor Commissioner and the United States Department of Labor;

and (h) The supply of skilled workers in the trade in relation to the demand for skilled workers in the trade and the extent to which the sponsor of the approved and registered program is willing and able to provide apprentices to the proposed program.

- 81st Session (2021) – 21 –  The Council may condition approval of the proposed program on the payment of compensation to apprentices that is equal to or greater than the compensation provided by the approved and registered apprenticeship program.

Sec.

14.5.

1.

Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended of the regulations has been transferred.sponsibility for the adoption 2.

Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.

Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

3.

Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

Sec.

This act becomes effective on July 1, 2021.

TEXT OF REPEALED SECTIONS 223.800 Creation;

responsibility and accountability for apprenticeship.

TheThis Officesection ofand Workforcesections Innovation1 isto hereby13, createdinclusive, inand the14, Office14.5 and 15 of thethis Governor.act become effective on July 1, 2021.

TheSection Office13.5 of Workforcethis Innovationact hasbecomes responsibilityeffective andon accountabilityOctober for1, apprenticeship2021. within this State.

223.810~~~~~ Executive21 Director:- 81st Session (2021)

Appointment;

classification.

1.

The Governor shall appoint the Executive Director of the Office of Workforce Innovation.

2.

The Executive Director is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

223.820 Executive Director:

Duties.

The Executive Director of the Office of Workforce Innovation shall:

1.

Provide support to the Office of the Governor, the Governor’s Workforce Investment Board created by NRS 232.935 Workforce Investment Board on matters relating to workforcer’s development.

2.

Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.

- *AB459_R1* – 17 – Governor and the Legislature such statistical details relating too the workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Office of Workforce Innovation.

4.

At the direction of the Governor:

(a) Identify, recommend and implement policies related to workforce development.

(b) Define career pathways and identify priority career pathways for secondary and postsecondary education.

(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.

(d) In consultation with the Governor’s Workforce Investment Board, identify industry-recognized credentials, workforce development programs and education.

that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

(f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.

(g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.

(h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governor’s Workforce Investment Board.

(i) Report periodically to the Governor’s Workforce Investment Board concerning the administration of the policies and programs of the(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Office of Workforce Innovation.

(k) Oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and perform such other functions as may be necessary for the fulfillment of the intent and purposes of chapter 610 of NRS.

(l) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, but not limited to, career and technical education.

- *AB459_R1* – 18 – (m) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau.

The report must include, without limitation:

(1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;

(2) The demand within this State or any geographic area this State who are engaged in an occupation or profession that isithin regulated by a regulatory body;

and (3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.

 As used in this paragraph, “regulatory body” has the meaning ascribed to it in NRS 622.060.

(n) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.

workforce data for inclusion in statewide longitudinal data system maintained by Office.

The following public agencies shall submit educational and workforce data for inclusion in the statewide longitudinal data system maintained pursuant to paragraph (e) of subsection 4 of NRS 223.820:

1.

The Department of Employment, Training and Rehabilitation.

2.

The Department of Education.

3.

The Nevada System of Higher Education.

4.

The Department of Motor Vehicles.

5.

Any other public agency which is directed by the Governor to submit such data.

H - *AB459_R1*