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REFERENCE TITLE: apprentices; state construction projects |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1225 |
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Introduced by Senators Burton Cahill: Aboud, Garcia; Representatives Ableser, Lopes
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AN ACT
amending title 41, chapter 10, Arizona Revised Statutes, by adding article 5; relating to apprentices on state construction projects.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 10, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. APPRENTICES ON STATE CONSTRUCTION PROJECTS
41-1551. Definitions
In this article, unless the context otherwise requires:
1. "Apprentice" means a person who is indentured with the departments and who is in a registered program.
2. "Departments" means the Arizona department of commerce or the United States department of labor, bureau of apprenticeship and training.
3. "Registered program" means an apprenticeship program that is registered and approved by the departments and that has been determined as active and performing by the departments.
41-1551.01. Applicability; requirements
A. This article applies to all contracts or subcontracts for state or state assisted construction projects in this state.
B. The ratio of apprentices to journeymen, in each skilled classification that is required on a project, at all times shall be as established by the apprenticeship standards on file with the departments. END_STATUTE
41-1551.02. Arizona residency
Each contractor or subcontractor shall submit documentation on each employee working on the project site verifying that the employee is a resident of this state. Documentation of Arizona residency consists of the employee's name and address. Each contractor or subcontractor shall submit with each monthly pay application a certified list of all employees working on the jobsite.
41-1551.03. Employee health coverage
All contractors and subcontractors shall have contractual requirements that all full-time and part-time employees who are working on a project and their dependents be provided health insurance at no cost to the employee. All contractors and subcontractors shall submit a copy of the health insurance policy with the first pay application and update the policy monthly.
41-1551.04. Invitation for bids or other solicitations for bids; post award compliance
A. Each state agency shall include in any invitation for bid, or other solicitation issued for a state or state assisted construction contract, a notice stating that to be eligible for award each bidder must agree to employ apprentices pursuant to the ratio of apprentices to journeymen that is established by the departments, whether or not the work is subcontracted. The form of the notice shall be substantially similar to the requirements of section 41-1551.06. Each state agency shall include in the invitation to bid the website address of the department that lists the approved apprenticeship programs.
B. The department shall review contractor and subcontractor training programs and the ratio of apprentices to journeymen employed on a project as prescribed in their respective registered apprenticeship standards during the performance of the contract. If the ratio of apprentices to journeymen applicable to the apprenticeship standard is being met, the contractor or subcontractor shall be presumed to be in compliance with this article. If a contractor or subcontractor fails to meet these ratios, the contractor or subcontractor may demonstrate that the contractor or subcontractor made every good faith effort to meet the requirements. Noncompliance by the contractor or subcontractor shall be taken into consideration by a state agency in determining whether the contractor or subcontractor complies with this article and is therefore a reasonable prospective contractor.
41-1551.05. Exemptions and modifications
A letter of intent to comply for first-time contractors and subcontractors currently not having a registered program is a reasonable exemption. A request for modification, with justification, shall be made in writing to the department.
41-1551.06. Invitation to bid forms; requirements
A. Each contractor and subcontractor shall include as a part of the contractor's or subcontractor's bid form a description of the registered apprenticeship program the contractor or subcontractor uses, the amount of monies sent to this apprenticeship program and any residual amount. If a contractor or subcontractor does not use a registered apprenticeship program, the contractor or subcontractor shall include in the contractor's or subcontractor's bid an amount equal to one per cent of its gross payroll and deposit the monies in an apprentice fund to be maintained and administered by the department. Contractors and subcontractors shall provide a ratio of at least ten per cent apprentices to journeymen and not more than their registered apprenticeship standards state of apprentices to journeymen in performing the construction work on the project. Contractors and subcontractors shall submit with their monthly pay application a certified list of employees and state the classification of each and the percentage of apprentices working on the project.
B. The labor of the direct cost is calculated as thirty-five per cent of the direct cost of the contract.
C. Any monies remaining in the apprentice fund at the end of the project shall be distributed to the county for use in promoting apprenticeship in the geographical area in which the original work was performed.