2009 WISCONSIN ACT
291
An Act
to repeal
106.01 (2), 106.01 (4), 106.01 (5) (intro.), 106.01 (5) (a), 106.01 (5) (b), 106.01 (5) (c), 106.01 (5) (e), 106.01 (5) (f), 106.01 (5) (g), 106.01 (5i) (a), 106.01 (5i) (b) and 106.01 (5k);
to renumber and amend
15.227 (13), 106.001 (3), 106.01 (3), 106.01 (5) (d), 106.01 (5i) (am) 1., 106.01 (5i) (am) 2., 106.01 (5i) (c), 106.01 (5j), 106.01 (6) and 106.01 (10);
to amend
15.157 (15) (a), 15.157 (15) (c), 101.136 (4) (a), 101.136 (6) (a) 1., 101.136 (6) (c) 2., 103.70 (1), 104.08 (2m), 106.001 (1), 106.001 (2), 106.01 (7), 106.01 (8), 106.01 (9), 106.02, 106.025 (2), 106.03, 106.13 (3), 145.01 (3), 145.07 (7) (a), 445.095 (3) and 454.10 (1);
to repeal and recreate
106.01 (title); and
to create
15.227 (13) (a) 1. to 6. and (b), 106.001 (2m), 106.001 (4), 106.001 (5), 106.001 (6), 106.001 (7), 106.01 (5m) (title), 106.01 (6) (title), 106.01 (6) (d) and 106.01 (11) of the statutes;
relating to:
apprentice contracts, the appointment and composition of the Wisconsin Apprenticeship Council, requiring the exercise of rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
15.157
(15)
(a) Two members who represent major insulation companies that sponsor an apprenticeship training program in installing and maintaining thermal system insulation that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of
ch. 106.
15.157
(15)
(c) Two members who are mechanics with at least 10 years of experience in the area of heat and frost insulation and who have successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of
ch. 106.
Section
3
.
15.227 (13) of the statutes is renumbered 15.227 (13) (a) (intro.) and amended to read:
15.227
(13)
(a) (intro.) There is created in the department of workforce development a Wisconsin apprenticeship council
appointed by the labor and industry review commission.
consisting of all of the following:
Section
4
.
15.227 (13) (a) 1. to 6. and (b) of the statutes are created to read:
15.227
(13)
(a) 1. Nine representatives of employers, appointed by the secretary of workforce development.
2. Nine representatives of employees, appointed by the secretary of workforce development.
3. One representative of the technical college system, appointed by the director of the technical college system.
4. One representative of the department of public instruction, appointed by the state superintendent of public instruction.
5. Two members who represent the public interest, appointed by the secretary of workforce development.
6. One permanent classified employee of the department of workforce development, appointed by the secretary of workforce development, who shall serve as nonvoting chairperson.
(b) All members of the Wisconsin apprenticeship council shall be persons who are familiar with apprenticeable occupations.
101.136
(4)
(a) The department shall employ a person who has at least 10 years of experience as a mechanic, and who has successfully completed an apprenticeship program in installing and maintaining thermal system insulation that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of
ch. 106, as the state inspector. The state inspector shall work under the direct supervision of the secretary or his or her designee.
Section
6
.
101.136 (6) (a) 1. of the statutes, as created by
2009 Wisconsin Act 16
, is amended to read:
101.136
(6)
(a) 1. Except as provided in subd. 2., beginning on July 1, 2011, no person may install or maintain thermal system insulation in any building unless that person is a mechanic licensed by the department under this section, is working under the direct supervision of a licensed mechanic, or is serving an apprenticeship in the installation and maintenance of thermal system insulation that meets the requirements specified under
subch. I of
ch. 106.
Section
7
.
101.136 (6) (c) 2. of the statutes, as created by
2009 Wisconsin Act 16
, is amended to read:
101.136
(6)
(c) 2. He or she has successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under
subch. I of
ch. 106.
Section
8
.
103.70 (1) of the statutes is amended to read:
103.70
(1)
Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2.
,
and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor
,
may not be employed or permitted to work at any gainful occupation or employment,
unless
indentured as
employed under
an apprentice
in accordance with
contract under
s. 106.01,
or
unless 12 years and over and engaged in farming,
or
unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13,
shall not be employed or permitted to work at any gainful occupation or employment
or
unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which
shall
may
not exceed the maximum hours prescribed by law.
Section
9
.
104.08 (2m) of the statutes is amended to read:
104.08
(2m)
Any person working in a trade industry for which a living wage has been established for minors, and who has no trade, shall be
indentured
employed under an apprentice contract
under s. 106.01.
Section
10
.
106.001 (1) of the statutes is amended to read:
106.001
(1)
"Apprentice" means any person who enters into an
indenture with an employer or organization
apprentice contract with the department and with a sponsor or an apprenticeship committee acting as the agent of a sponsor
.
Section
11
.
106.001 (2) of the statutes is amended to read:
106.001
(2)
"Indenture"
"
Apprentice contract"
means any contract or agreement of service, express or implied,
between an apprentice, the department, and a sponsor or an apprenticeship committee acting as the agent of a sponsor
whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft
,
or business.
Section
12
.
106.001 (2m) of the statutes is created to read:
106.001
(2m)
"Apprenticeship committee" means a joint apprenticeship committee or a nonjoint apprenticeship committee designated by a sponsor to administer an apprenticeship program.
Section
13
.
106.001 (3) of the statutes is renumbered 106.001 (8) and amended to read:
106.001
(8)
"Organization"
"
Sponsor"
means
an
any employer,
organization of employees, association of employers
, committee,
or other
similar responsible agency in this state
person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department
.
Section
14
.
106.001 (4) of the statutes is created to read:
106.001
(4)
"Apprenticeship program" means a program approved by the department providing for the employment and training of apprentices in a trade, craft, or business that includes a plan containing all of the terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices as required under this subchapter, including the apprentice contract requirements under s. 106.01.
Section
15
.
106.001 (5) of the statutes is created to read:
106.001
(5)
"Employer" means any person employing an apprentice, whether or not the person is a party to an apprentice contract with the apprentice.
Section
16
.
106.001 (6) of the statutes is created to read:
106.001
(6)
"Joint apprenticeship committee" means an apprenticeship committee that consists of an equal number of representatives of employers and of representatives of employees who are represented by a collective bargaining agent.
Section
17
.
106.001 (7) of the statutes is created to read:
106.001
(7)
"Nonjoint apprenticeship committee" means an apprenticeship committee that consists of representatives of employers, but not of representatives of employees who are represented by a collective bargaining agent.
Section
18
.
106.01 (title) of the statutes is repealed and recreated to read:
106.01
(title)
Apprentice contracts.
Section
19
.
106.01 (2) of the statutes is repealed.
Section
20
.
106.01 (3) of the statutes is renumbered 106.01 (1) and amended to read:
106.01
(1)
Formation of apprentice contract.
Except as provided in ss. 106.02, 106.025 and 106.03, any minor
Any person
16 years of age or over
or any adult may, by the execution of an indenture, bind
may enter into an apprentice contract binding
himself or herself
to serve as an apprentice
as provided in this section
for a
. Except as provided in ss. 106.02, 106.025, and 106.03, the
term of service of
an apprenticeship shall be for
not less than one year.
Every apprentice contract shall be in writing and shall be signed by the apprentice, the department, and the sponsor or an apprenticeship committee acting as the agent of the sponsor. If the apprentice has not reached 18 years of age, the apprentice contract shall also be signed by one of the apprentice's parents or, if both parents are deceased or legally incapable of giving consent, by the guardian of the apprentice or, if there is no guardian, by a deputy of the department. The department shall specify the provisions that are required to be included in an apprentice contract by rule promulgated under sub. (11).
Section
21
.
106.01 (4) of the statutes is repealed.
Section
22
.
106.01 (5) (intro.) of the statutes is repealed.
Section
23
.
106.01 (5) (a) of the statutes is repealed.
Section
24
.
106.01 (5) (b) of the statutes is repealed.
Section
25
.
106.01 (5) (c) of the statutes is repealed.
Section
26
.
106.01 (5) (d) of the statutes is renumbered 106.01 (6) (b) and amended to read:
106.01
(6)
(b)
An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction.
During the first 2 years of an apprenticeship, the
apprentice's period of instruction shall be not less than 4 hours per week or the equivalent
sponsor shall provide for the apprentice not less than 144 hours per year of related instruction
. If the apprenticeship is for
a
longer
period
than 2 years, the
total hours of instruction shall be
sponsor shall provide for the apprentice
not less than
a total of
400 hours
of related instruction over the term of the apprenticeship. If the apprentice is receiving classroom instruction, the sponsor shall provide for the apprentice not less than 4 hours of related instruction or the equivalent during each week that the school providing the classroom instruction is in session
. The total number of hours of
related
instruction and work
shall
that a sponsor may assign to an apprentice may
not exceed 55 per week, except that nothing in this paragraph shall be construed to forbid overtime work as provided in sub. (7).
Section
27
.
106.01 (5) (e) of the statutes is repealed.
Section
28
.
106.01 (5) (f) of the statutes is repealed.
Section
29
.
106.01 (5) (g) of the statutes is repealed.
Section
30
.
106.01 (5i) (a) of the statutes is repealed.
Section
31
.
106.01 (5i) (am) 1. of the statutes is renumbered 106.01 (5m) (a) and amended to read:
106.01
(5m)
(a) Upon entering into an
indenture, an organization
apprentice contract, a sponsor that is not the proposed employer of the apprentice, or an apprenticeship committee that is acting as the agent of a sponsor,
shall, with the
written consent of the other parties to the indenture, and the written acceptance of the indenture
acceptance of the apprentice contract
by the proposed employer, assign the
indenture
apprentice contract
to the proposed employer, and the proposed employer and the apprentice named in the
indenture
assignment
shall be bound by the terms of the
indenture
apprentice contract
.
Section
32
.
106.01 (5i) (am) 2. of the statutes is renumbered 106.01 (5m) (b) and amended to read:
106.01
(5m)
(b) The
consent and
department shall furnish a copy of an
acceptance described in
subd. 1. shall be executed in triplicate. One of the triplicate original consents and acceptances shall be delivered to the department, one to the employer and one to the apprentice, and in each case shall be attached to the proper indenture. The approval of the department is required in each transaction. An organization
par. (a) to each party that has signed the apprentice contract. A sponsor or apprenticeship committee
that enters into an
indenture under par. (a)
apprentice contract
shall have the exclusive right to assign
or reassign
the
indenture
apprentice contract to another sponsor
, and the apprentice shall not be permitted to enter into any other
indenture
apprentice contract
. The period transpiring before assignment to an employer
or reassignment to another employer
shall not be credited toward the
period
term
of apprenticeship.
The approval of the department is required in each transaction.
Section
33
.
106.01 (5i) (b) of the statutes is repealed.
Section
34
.
106.01 (5i) (c) of the statutes is renumbered 106.01 (5m) (c) and amended to read:
106.01
(5m)
(c)
Any employer that has entered into an indenture may, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, assign the indenture to another employer whose written acceptance shall be executed upon the instrument of consent. One of the triplicate original consents and acceptances shall be delivered to the apprentice, one to the assignee employer and one to the department, and shall in each case be attached to the indenture in each party's possession. After assignment, the assignee
A sponsor or apprenticeship committee that enters into an apprentice contract may reassign the apprentice contract to a different employer, but the apprentice shall not be bound by a reassignment unless that employer accepts the terms of the apprentice contract and agrees to perform the unperformed obligations of the apprentice contract. After a reassignment, the new
employer shall perform the unperformed obligations of the
indenture
apprentice contract
. The department shall continue to have jurisdiction over an
indenture assigned
apprentice contract reassigned
under this paragraph and the parties bound after the
assignment
reassignment
.
Section
35
.
106.01 (5j) of the statutes is renumbered 106.01 (5p) and amended to read:
106.01
(5p)
Termination of apprentice contract.
The department
may
,
on its own motion
,
or on the complaint of any person,
and
after due notice
, investigation,
and
, if requested by the apprentice, employer, or sponsor,
a hearing
,
under sub. (9), may
make findings and issue
orders declaring any indenture at an end
an order terminating an apprentice contract
if it is proved
at the hearing
that any apprentice, employer
,
or
organization
sponsor
that is a party to the
indenture
apprentice contract
is unable to continue with the obligations under the
indenture
apprentice contract
or has breached the
indenture
apprentice contract
. Upon
the
termination of the
indenture
apprentice contract
, the released apprentice
shall be free to
may
enter into a new
indenture
apprentice contract
under any terms and conditions approved by the department that are
not inconsistent
consistent
with this section.
Section
36
.
106.01 (5k) of the statutes is repealed.
Section
37
.
106.01 (5m) (title) of the statutes is created to read:
106.01
(5m)
(title)
Assignment of apprentice contract.
Section
38
.
106.01 (6) (title) of the statutes is created to read:
106.01
(6)
(title)
Related instruction.
Section
39
.
106.01 (6) of the statutes is renumbered 106.01 (6) (a) and amended to read:
106.01
(6)
(a) An employer shall pay
an apprentice
for the time
an
that the
apprentice is receiving related instruction
for no fewer hours than specified in sub. (5) (d) at the same rate per hour as for services
as provided in this paragraph. An employer shall pay an apprentice for not less than the number of hours of related instruction specified in par. (b) or the number of hours of related instruction specified in the apprentice contract, whichever is greater, at the same rate per hour as the employer pays the apprentice for services performed
.
(c)
This subsection does not prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required
by statute. Attendance at school shall be certified by the teacher in charge
under par. (b) or the apprentice contract, whichever is greater
.
Section
40
.
106.01 (6) (d) of the statutes is created to read:
106.01
(6)
(d) The provider of related instruction to an apprentice shall submit reports on the grades and attendance of the apprentice to the department and the sponsor in accordance with standards set by the department.
Section
41
.
106.01 (7) of the statutes is amended to read:
106.01
(7)
Overtime.
An apprentice may be allowed to work overtime. All time in excess of the hours of labor
as limited to
that are paid at an employee's regular rate of pay in
the particular craft, industry, or business and
as to
by
the particular employer
,
shall be considered overtime.
For overtime the
An
apprentice's rate of pay
for overtime
shall be increased by the same percentage as the
journeyman's
journey worker's,
rate
of pay
for overtime is increased in the same industry or establishment.
Section
42
.
106.01 (8) of the statutes is amended to read:
106.01
(8)
Nonperformance of apprentice contract.
If
either party to an indenture
the apprentice or sponsor that is a party to an apprentice contract or an assignee employer
fails to perform any of the stipulations of the
indenture
apprentice contract
, the
nonperforming party shall
apprentice, sponsor, or assignee employer may be required to
forfeit not less than
one dollar
$100
nor more than
$100
$1,000
, which is to be collected on complaint of the department
,
and paid into the state treasury.
Any indenture may be annulled by
In addition,
the department
may terminate an apprentice contract under sub. (5p)
upon application of
either
any
party and
for
good cause shown.
Section
43
.
106.01 (9) of the statutes is amended to read:
106.01
(9)
Authority of department.
The department may investigate, fix reasonable classifications, issue rules and general or special orders
,
and
,
hold hearings, make findings
,
and render orders upon its findings as
shall be
necessary to carry out the intent and purposes of this section. The investigations, classifications, hearings, findings
,
and orders shall be made as provided in s. 103.005. Except as provided in sub. (8), the penalties specified in s. 103.005 (12) apply to violations of this section. Orders issued under this subsection are subject to review under ch. 227.
Section
44
.
106.01 (10) of the statutes is renumbered 106.01 (6) (e) and amended to read:
106.01
(6)
(e)
It shall be the duty of all
All
school officers and public school teachers
to
shall
cooperate with the department and employers
and sponsors
of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, any
related
instruction that may be required to be given apprentices.
Section
45
.
106.01 (11) of the statutes is created to read:
106.01
(11)
Rules.
The department shall promulgate rules to implement this section, including rules providing for all of the following:
(a) The provisions that are required to be included in an apprentice contract.
(b) Procedures for approving and for rescinding approval of apprenticeship programs.
Section
46
.
106.02 of the statutes is amended to read:
106.02
Carpenters' apprentices.
Every person, regardless of age, commencing a carpentry apprenticeship, shall enter into an
indenture
apprentice contract
under and be subject to s. 106.01, except that if the apprentice is 18 years
or more
of age
or over only
the apprentice's signature
only
shall be necessary to bind the apprentice. A carpentry apprenticeship shall be for a
period
term
of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend that term for up to one additional year.
Section
47
.
106.025 (2) of the statutes is amended to read:
106.025
(2)
Every person commencing a plumbing apprenticeship shall enter into an
indenture
apprentice contract
under s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer
,
or both
,
extend the term for up to one additional year.
Section
48
.
106.03 of the statutes is amended to read:
106.03
Real estate apprenticeships excluded.
This
chapter shall
subchapter does
not apply to apprenticeships under ch. 452.
Section
49
.
106.13 (3) of the statutes is amended to read:
106.13
(3)
The youth apprenticeship program under sub. (1) shall not affect any apprenticeship program that is governed by
ss. 106.01 to 106.03
subch. I
, except that an apprenticeship program that is governed by
ch. 106
subch. I
may grant credit toward the completion of an apprenticeship for the successful completion of a youth apprenticeship under sub. (1).
Section
50
.
145.01 (3) of the statutes is amended to read:
145.01
(3)
Automatic fire sprinkler system apprentice.
"Automatic fire sprinkler system apprentice" means any person other than an automatic fire sprinkler system contractor or a journeyman automatic fire sprinkler system fitter who is engaged in learning and assisting in the installation of automatic fire sprinkler systems and who is
indentured under ch. 106
employed under an apprentice contract under s. 106.01
.
Section
51
.
145.07 (7) (a) of the statutes is amended to read:
145.07
(7)
(a) A person shall be registered as a registered learner with the department without examination or training prequalifications and shall not be required to be
indentured under ch. 106
employed under an apprentice contract under s. 106.01
.
Section
52
.
445.095 (3) of the statutes is amended to read:
445.095
(3)
All apprentices shall be governed by
subch. I of
ch. 106 and apprenticeship rules of the department of workforce development.
Section
53
.
454.10 (1) of the statutes is amended to read:
454.10
(1)
All apprentices shall be
indentured
employed under an apprentice contract under s. 106.01
and shall be governed by s. 106.01, the apprenticeship rules of the department of workforce development
,
and the rules of the examining board.
Section
54
.
Initial applicability.
(1) A
pprentice contracts.
The treatment of sections 106.001 (1), (2), (2m), (3), (4), (5), (6), and (7) and 106.01 (2), (3), (4), (5) (intro.), (a), (b), (c), (d), (e), (f), and (g), and (5i) (a), (am) 1. and 2., (b), and (c) of the statutes and the renumbering and amendment of section 106.01 (6) of the statutes first apply to an apprentice contract entered into on the effective date of this subsection, except that, if any of those provisions are inconsistent with a collective bargaining agreement, the inconsistent provision first applies on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.
(2)
Wisconsin apprenticeship council.
The renumbering and amendment of section 15.227 (13) of the statutes and the creation of section 15.227 (13) (a) 1. to 6. and (b) of the statutes first apply to a member appointed to the Wisconsin apprenticeship council on the effective date of this subsection.
