GOVERNOR
Vol. 32 Iss. 5 - November 02, 2015

GOVERNOR

EXECUTIVE ORDER NUMBER 49 (2015)

Expanding Registered Apprenticeships in Virginia

Importance of the Initiative

By 2022, about 500,000 new jobs will be created in Virginia, and over 930,000 workers will be needed to replace Virginia's retiring workforce. As many as 50% to 65% of those jobs will be at the technician and trades level, and offering pathways to a successful standard of living. These are jobs that require postsecondary education and training, but generally not a college degree. Registered Apprenticeship is a nationally recognized, tried and true strategy to prepare a skilled workforce for these technician level jobs. Registered Apprenticeship provides a portable credential of skills development and workplace experience to Virginians who attain a Certificate of Completion and Journeyworker Card, while also providing businesses with a pipeline of skilled workers with higher productivity and retention rates, and a return on investment for their employers. This is why my administration is committed to dramatically expanding Registered Apprenticeship in Virginia.

Administered by the Virginia Department of Labor and Industry (VDOLI), Registered Apprenticeship combines on-the-job learning and apprenticeship-related instruction, with the latter often delivered by a community college or career and technical education center. Registered Apprenticeship instills loyalty in workers and decreases employee turnover because a Registered Apprenticeship provides valuable, life long career benefits including: certifications and licenses that matter to business, and an opportunity to simultaneously learn and earn-with a graduated pay scale that recognizes increased skill attainment.

The U.S. Department of Labor recognizes over 900 occupations as appropriate for setting up a Registered Apprenticeship including: skilled trades, business and professional services, information technology, and education and human services occupations. No other training program to prepare job seekers includes the balance of on the job and classroom learning as does Registered Apprenticeship.

A Registered Apprenticeship Program for State Agencies

State agencies, like private employers, should reap the benefits of Registered Apprenticeship to better recruit, retain, and strengthen the skills of state workers beginning their public service careers. Currently, robust Registered Apprenticeship programs preparing skilled trade workers, office administrators, early childhood providers, groundskeepers, and other occupations are used by a number of local government entities. State governments can use Registered Apprenticeship to cultivate highly skilled workers in those occupations for which qualified applicants can be challenging to recruit.

Given these benefits to employers and employees, I therefore direct VDOLI to initiate a program that will expand enrollment of state agencies as Registered Apprenticeship sponsors through fiscal incentives to support the cost of apprenticeship-related instruction. Pursuant to this Executive Order, VDOLI and other identified state agencies shall take the following actions:

1. By January 1, 2016, VDOLI will produce, in coordination with the Virginia Department of Human Resources Management (VDHRM), guidelines and an application for state agencies to register an apprenticeship program and seek a state incentive to cover the costs of apprenticeship-related instruction. During FY 2016, up to $120,000 will be available through VDOLI to state agencies to support apprenticeship-related instruction. Completed applications for incentive funds to cover the related instruction costs of registered apprentices (who are also state employees) will be accepted by VDOLI on a first-come, first-served basis. VDOLI will consult with interested state agencies to identify occupations for a Registered Apprenticeship program. VDOLI will report monthly to the Secretary of Commerce and Trade on the status of agency enrollments as Registered Apprenticeship sponsors and of agency applications for funding to support apprenticeship-related instruction.

2. By January 1, 2016, to ensure that state agencies are fully apprised of the options for apprenticeship-related instruction, the Governor's Chief Workforce Advisor will convene VDOLI, the Virginia Community College System (VCCS), Virginia Department of Education (VDOE) and VDHRM to plan and prepare an information strategy, including online resources, to guide state agencies in selecting an apprenticeship-related instruction provider. Information will identify all financial aid resources available to support registered apprenticeships, including the new funding program for agencies to support apprenticeship-related instruction.

New Resources to Support Private Sector Registered Apprenticeships

To increase the number of Registered Apprenticeship programs in key industry sectors (such as Information Technology, Cyber Security, and Professional and Business Services) that have not traditionally sponsored registered apprentices, the Commonwealth of Virginia will offer fiscal incentives to businesses who register apprentices in such key industry sectors to cover the costs of apprenticeship-related instruction. Specifically, I direct the identified agencies to take the following actions:

1. By January 1, 2016, VDOLI, in consultation with the Governor's Chief Workforce Advisor, will release guidelines and applications for fiscal support of apprenticeship-related instruction to private sector companies interested in sponsoring Registered Apprenticeship(s) in the targeted occupations. During FY 2016, up to $280,000 will be available through VDOLI to private sector companies to support apprentice-related instruction for registered apprentices in the targeted occupations. Completed applications for incentive funds to cover apprenticeship-related instruction will be accepted by VDOLI on a first-come, first-served basis. In consultation with the Governor's Chief Workforce Advisor, VDOLI may include additional occupations.

2. By January 1, 2016, to further assist all private sector employers in sponsoring a Registered Apprenticeship program, VDOLI, VCCS and Virginia Employment Commission (VEC), will develop policies and procedures through which businesses who are Registered Apprenticeship sponsors can apply for available federal or state training funds, available through Virginia's Workforce System, to support apprenticeship-related instruction.

Effective Date of the Executive Order

This Executive Order shall be effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 6th Day of October, 2015.

/s/ Terence R. McAuliffe
Governor

EXECUTIVE ORDER NUMBER 50 (2015)

Executive Action to Prevent Gun Violence

Importance of the Issue:

Like too many communities around the nation, cities and counties across the Commonwealth have experienced the devastating effects of gun violence. While Virginians will never forget the tragic massacre of young promise that occurred at Virginia Tech in 2007, or the most recent murders of two young journalists on air in Roanoke, gun violence has tragically impacted families and communities from Lee County to the Eastern Shore, from Loudoun to Halifax, in ways that have changed those communities forever.

Through the efforts of many Virginians within both the public and private sectors, our Commonwealth has taken great steps to limit access to guns to those who have mental health issues, previous felony convictions, or a current protective order. But, as events around our nation and Virginia's own recent history show, more must be done.

It has been estimated that nearly 40% of all guns sold in America are sold by private, unlicensed sellers either online or through gun shows. These sellers are not required by federal or state law to perform any background checks before transferring a firearm. While law enforcement can appropriately monitor compliance by Federal Firearm Licensees ("FFLs"), unlicensed sellers face little to no regulation in their selling of firearms. Without appropriate safeguards, this large gap in our firearm regulatory scheme gives criminals and other persons incapable of passing a background check easy access to firearms. In a state where "open carry" is lawful, our law enforcement personnel have no way to determine if a person openly carrying a firearm is in lawful possession or is a convicted criminal taking advantage of a gap in our regulatory system.

The ease of access to firearms by criminals and others intent on harm is even more problematic when viewed in light of the general open access to our public facilities. Every day, over 60,000 Virginians report to work in state government buildings across the Commonwealth to provide services to their fellow Virginians. Our citizens rely on open access to these facilities to address their personal and professional needs. Whether it is to incorporate a business, renew a driver's license, apply for a job, seek a permit, or just to attend a public hearing, our government facilities are essential to allowing our citizens access to their government representatives. Allowing "open carry" in these facilities by individuals who may not lawfully possess a firearm exposes our state employees and fellow citizens to unnecessary risk.

There is no magic solution to curbing gun violence. As the National Institute of Justice noted, no single approach will prevent gun violence: "To reduce gun violence, a sustained program that addresses both demand and supply is needed. A successful intervention will have elements of federal-local law enforcement collaboration, community involvement, targeted intervention tactics and continuous program evaluation."

My administration, in consultation with the Office of the Attorney General, along with federal and local law enforcement, is committed to doing everything within our power to prevent gun violence in our communities. Accordingly, pursuant to my authority under Article V of the Constitution of Virginia and under the Code of Virginia, I am ordering the following:

I. Establish Joint Task Force to Prosecute Gun Crimes

There shall be established a Joint Task Force to Prosecute Gun Crimes (the "Task Force"), to be led by the Attorney General of Virginia and the Secretary of Public Safety and Homeland Security. The Task Force shall be comprised of representatives from state and local law enforcement and prosecutors, the Virginia State Police, and the Department of Criminal Justice Services, along with federal partners, and shall develop strategies and coordinate efforts to strictly enforce existing gun laws under state and federal law. Following from successful law enforcement efforts in the past, the Task Force will put special emphasis on enforcing two key protections under the law:

1) that only licensed firearms dealers engage in the business of selling firearms

2) that persons prohibited from owning firearms are prevented from obtaining them

The Task Force will rely principally on the investigatory powers of state and federal law enforcement agencies, in partnership with local agencies, in order to pursue effective enforcement actions, using both criminal and civil proceedings, to enforce the gun laws.

Additionally, I am asking the Task Force to identify those areas within our regulatory system that significantly hamper law enforcement's ability to effectively pursue illegal transfers of weapons and how our Commonwealth can be better situated to address these areas.

II. Authorize Attorney General to Coordinate and Bring Criminal Cases Against Firearms Law Offenders

In order to facilitate enforcement of the existing gun laws, I am invoking my authority under ยง 2.2-511 and asking the Attorney General to coordinate these prosecutorial efforts and bring such cases as he may deem most appropriate, in order to protect the citizens of the Commonwealth from illegal firearms sales. I also reserve the right to initiate any other legal proceedings that may be necessary to protect the citizens of the Commonwealth from illegal firearms sales.

III. Establish Tip Line for Illegal Gun Activity

The Virginia State Police coordinates the criminal background checks used by licensed firearm dealers to confirm that prohibited individuals are not able to purchase firearms. To aid in enforcement of the gun laws already on the books, I hereby order the Virginia State Police to establish a Tip Line that will enable citizens to report violations of the gun laws and to collect a reward for any successful prosecutions flowing from the information provided.

IV. Trace Guns Used in Crime

Gun violence occurs every day in the Commonwealth, oftentimes by individuals who should never have had a gun in the first place. In order to aid in the Task Force's work, I hereby direct the Virginia State Police to set a policy to request tracing of every gun used in the commission of a crime in the Commonwealth, working with local and federal law enforcement to accomplish this goal.

Obtaining this information will be critical to enforcing the gun laws already on the books in Virginia.

V. Encourage Judges and Prosecutors to Seek Gun Forfeiture in Felony and Other Cases

Cases of domestic violence in which there is access to firearms often end in needless tragedy. The power to prevent gun purchases, however, is not effective when the domestic abuser or felon already has access to guns.

Accordingly, in consultation with the Office of the Attorney General, we will be working, through training and advocacy, to encourage prosecutors and judges to use their broad power in both criminal sentencing and in domestic violence protective orders to require persons prohibited from obtaining guns to forfeit guns they may already possess.

VI. Banning Firearms in State Government Buildings

We must take every precaution to protect our citizens and state employees from gun violence. We cannot wait until a tragedy occurs to decide to address it. Prevention requires us to address areas of concern before they are realized. Accordingly, I hereby declare that it is the policy of the Commonwealth that open carry of firearms shall be prohibited in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties. Within 30 days of the date of this Executive Order, the Director of the Department of General Services (DGS) shall issue guidance prohibiting carrying weapons openly in offices occupied by executive branch agencies.

I further order the Director of DGS, within 30 days of the date of this Executive Order, to propose regulations to ban the carrying of concealed weapons in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties.

Conclusion

All Virginians have the right to feel safe and secure in going about their daily lives. The Governor of Virginia has no more sacred responsibility than to see to it that the public is safe, using all legal means to secure this right. My administration, in partnering with the Attorney General of Virginia, along with federal and local law enforcement, today renews and re-emphasizes this commitment. Working together, it is my hope that these initiatives will help reduce senseless gun violence in Virginia so that we may all feel more safe and secure living in our great Commonwealth.

Effective Date of this Order

This Executive Order shall be effective upon its signing and shall remain in full force and effect, unless otherwise amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this Fifteenth day of October 2015.

/s/ Terence R. McAuliffe
Governor