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REFERENCE TITLE: public works contracts; apprentice labor |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1753 |
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Introduced by Senators Quezada: Mendez
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AN ACT
amending title 34, chapter 2, article 3, arizona revised statutes; by adding section 34-247; relating to public works contracts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 34, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 34-247, to read:
34-247. Public works contracts; apprentice labor; requirements; definitions
A. notwithstanding any other provision of this chapter, a contractor or subcontractor that is engaged in construction and that employs a worker on a public works contract shall use one or more apprentices for at least ten percent of the total hours of labor worked for each apprenticed craft or type of work to be performed on the public works contract for which more than three workers are employed.
b. Beginning january 1, 2022, the industrial commission of arizona may collaborate with the department of economic security to adopt rules to increase the percentage of total hours of labor required to be performed by an apprentice pursuant to this section.
c. an apprentice who graduates from an apprenticeship program while employed on a public works contract is deemed to be:
1. An apprentice on the public works contract for the purposes of subsection a of this section.
2. A journeyman for all other purposes, including the payment of wages or the payment of wages and benefits to a journeyman.
d. On request of a contractor or subcontractor, a public body may submit a request to the commission to modify or waive the percentage of hours of labor provided by one or more apprentices required by this section for good cause. The public body must include any supporting documentation with the request and must submit such a request before an advertisement for bids has been placed, at the opening of bids or at the award of a public works contract.
e. the commission shall determine whether to grant a modification or waiver pursuant to subsection d of this section within fifteen days after receiving the request. The commission may grant such a request if the commission finds that there is good cause to modify or waive the percentage of hours of labor provided by one or more apprentices required by this section.
f. a public body, a contractor or a subcontractor may request a hearing on the commission's determination under subsection E of this section within ten days after receiving the determination. the hearing must be conducted in accordance with rules adopted by the commission.
g. a contractor or subcontractor that is engaged on a public works contract shall enter into an apprenticeship agreement for all apprentices required to be used pursuant to this section.
h. for the purposes of this section:
1. "apprentice" means a person who is enrolled in an apprenticeship
program recognized by the department of economic security.
2. "apprenticed craft" means a craft or type of work for which there is an existing apprenticeship program.
3. "apprenticeship program" means an apprenticeship program recognized by the department of economic security.
4. "good cause" means any of the following:
(a) there are no apprentices available from an apprenticeship program in the jurisdiction where the public work is to be completed as recognized by the department of economic security.
(b) the contractor or subcontractor is required to perform uniquely complex or hazardous tasks on the public work that require the skill and expertise of a journeyman.
(c) the contractor or subcontractor has REQUESTED apprentices from an apprenticeship program and the request has been denied or has not been approved within five business days.