Note: Subdivides provision in outline form and replaces punctuation for improved
readability and conformity with current style. Replaces "which" with "that" to correct
grammar.
AB920, s. 152
11Section
152. 106.001 (intro.) of the statutes is created to read:
AB920,69,12
12106.001 Definitions. (intro.) In this subchapter:
Note: Creates title and (intro.) for new definitions section applicable to entire
subchapter.
AB920, s. 153
13Section
153. 106.001 (3) of the statutes is created to read:
AB920,69,1514
106.001
(3) "Organization" means an organization of employes, association of
15employers or other similar responsible agency in this state.
Note: Defines as one word a phrase that is repeated numerous times, for improved
readability.
AB920, s. 154
16Section
154. 106.01 (title) of the statutes is amended to read:
AB920,69,18
17106.01 (title)
Designation of "indenture" and "apprentice"
18Apprenticeship indentures.
Note: Modernizes title of s. 106.01.
AB920, s. 155
19Section
155. 106.01 (1) of the statutes is renumbered 106.001 (1) and amended
20to read:
AB920,70,3
1106.001
(1) The term "apprentice" shall mean "Apprentice" means any person
,
216 years of age or over, who
shall enter into
enters into an indenture with an
3employer or organization.
AB920,70,7
4(2) "Indenture" means any contract
or agreement of service, express or implied,
5whereby
the person an apprentice is to receive from or through the
person's 6apprentice's employer, in consideration for the
person's apprentice's services in
7whole or in part, instruction in any trade, craft or business.
Note: Makes definition of "apprentice" applicable to entire subchapter and creates
definition of "indenture" applicable to entire subchapter. Removes substantive,
nondefinitional material from definition of "apprentice".
AB920, s. 156
8Section
156. 106.01 (2) and (3) of the statutes are amended to read:
AB920,70,139
106.01
(2) Every
contract or agreement entered into by an apprentice with an
10employer shall be known as an indenture; such indenture shall be in writing and
11shall be executed in triplicate
, one copy of which. One of the triplicate originals shall
12be delivered to the apprentice, one
to shall be retained by the employer and one
to 13shall be filed with the department at Madison.
AB920,70,17
14(3) Any Except as provided in ss. 106.02, 106.025 and 106.03, any minor
, 16
15years of age or over
, or any adult
, may, by the execution of an indenture, bind himself
16or herself as
hereinafter provided
in this section for a term of service
of not less than
17one year.
AB920, s. 157
18Section
157. 106.01 (4) (intro.) and (a) to (d) of the statutes are consolidated,
19renumbered 106.01 (4) and amended to read:
AB920,71,320
106.01
(4) Every indenture shall be signed
: (a) By by the apprentice
. (b)
and
21the employer. If the apprentice has not reached
18 years of age
18, also by the father
22or mother; and if both the father and mother, the indenture shall be signed also by
23one of the apprentice's parents. If both parents are dead or legally incapable of giving
1consent,
then (c) By the indenture shall be signed by the guardian of the minor
, if any.
2(d) If there is no parent or guardian with authority to sign then
or, if there is no
3guardian, by a deputy of the department.
Note: The existing paragraphs did not fit grammatically within the outline form
used. See also the next section of this bill.
AB920, s. 158
4Section
158. 106.01 (4) (e) of the statutes is repealed.
Note: The text of this paragraph is relocated within sub. (4) by the previous section
of this bill for more logical placement.
AB920, s. 159
5Section
159. 106.01 (5) (b) of the statutes is amended to read:
AB920,71,66
106.01
(5) (b) The date of
the birth of the
person indentured apprentice.
Note: Amends for consistency with definition of "apprentice" created in s. 106.001
(1).
AB920, s. 160
7Section
160. 106.01 (5) (c) of the statutes is amended to read:
AB920,71,108
106.01
(5) (c) A statement of the trade, craft or business
which that the
9apprentice is to be taught, and the time at which the apprenticeship
shall will begin
10and end.
AB920, s. 161
11Section
161. 106.01 (5) (d) of the statutes is amended to read:
AB920,71,1912
106.01
(5) (d) An agreement stating the number of hours to be spent in work,
13and the number of hours to be spent in instruction. During the first 2 years of an
14apprenticeship, the apprentice's period of instruction shall be not less than 4 hours
15per week or the equivalent. If the apprenticeship is for a longer period than 2 years,
16the total hours of instruction shall be not less than 400 hours. The total number of
17hours of instruction and
service work shall not exceed 55 per week
; provided, , except 18that nothing in this paragraph shall be construed to forbid overtime work as provided
19in sub. (7)
of this section.
Note: Amends for consistency with antecedent and for improved readability and
conformity with current style.
AB920, s. 162
20Section
162. 106.01 (5i) (a) of the statutes is amended to read:
AB920,72,3
1106.01
(5i) (a) The proper persons described in sub. (4)
(a) to (d) may enter into
2such an indenture with any
employer or organization
of employes, association of
3employers or other similar responsible agency in this state. Such
.
AB920,72,9
4(am) 1. Upon entering into an indenture, an organization
, association or other
5agency shall
thereupon, with the written consent of the other parties to the
6indenture, and the written acceptance
thereof of the indenture by the proposed
7employer, assign the indenture to the proposed employer, and the proposed employer
8and the apprentice named in the indenture shall be bound by the terms
thereof. Such 9of the indenture.
AB920,72,19
102. The consent and acceptance
described in subd. 1. shall be executed in
11triplicate
and one copy of each. One of the triplicate original consents and
12acceptances shall be delivered
, respectively to the department,
one to the employer
13and
one to the apprentice
, and in each case shall be attached to the proper indenture.
14The approval of the department
shall first be had
is required in each transaction.
15Such An organization
, association or other agency that enters into an indenture
16under par. (a) shall have the exclusive right to assign the indenture
, and the
17apprentice shall not be permitted to enter into any other indenture. The period
18transpiring before assignment to an employer shall not be credited toward the period
19of apprenticeship.
Note: "Organization", created as a definition by this bill, includes "association or
other agency".
AB920, s. 163
20Section
163. 106.01 (5i) (b) of the statutes is amended to read:
AB920,73,1521
106.01
(5i) (b) Any employer
that has entered into an indenture may
assign the
22employer's indenture, with the approval of the department and the written consent
23of the other parties
thereto, to the indenture, assign the indenture to any
association
1of employers, organization
of employes or any other similar responsible agency in
2this state. The period of time in which
such association, the organization
or other
3agency shall be such is the assignee shall not be credited as time served by the
4apprentice. After
such the assignment
, the
association, organization
or other agency 5shall, with the approval of the department and the written consent of the apprentice,
6assign reassign the indenture to an employer
, but the apprentice shall not be bound
7by the assignment unless the
assignee employer accepts, by
the employer's signed
8instruments, the terms of the indenture and
that the employer will complete the
9employer's agrees to perform the unperformed obligations
thereunder; each such of
10the indenture. The consent and acceptance shall be executed in triplicate
and one
11of each, respectively,. One of the triplicate original consents and acceptances shall
12be delivered to the department,
one to the assignee employer and
one to the
13apprentice
, and in each case shall be attached to the proper indenture. Upon
14acceptance
the of the indenture, the assignee employer shall for all purposes be
15deemed considered a party to the indenture.
AB920, s. 164
16Section
164. 106.01 (5i) (c) of the statutes is amended to read:
AB920,74,317
106.01
(5i) (c) Any employer
that has entered into an indenture may, with the
18written consent, executed in triplicate, of the other parties to the indenture and the
19approval of the department,
may assign
such the indenture to another employer
20whose written acceptance shall be
executed upon the instrument of consent. One
21copy of such consent and acceptance of the triplicate original consents and
22acceptances shall be delivered
, respectively, to the apprentice,
one to the assignee
23employer and
one to the department
, and shall in each case be attached to the
24indenture in
their respective possessions each party's possession. After assignment,
25the
new assignee employer shall perform the unperformed obligations of the
1indenture. The department shall continue to have jurisdiction over
the an indenture
2assigned
pursuant to under this
subsection paragraph and the parties bound after
3such the assignment.
AB920, s. 165
4Section
165. 106.01 (5j), (5k), (6), (8), (9) and 10 of the statutes are amended
5to read:
AB920,74,156
106.01
(5j) The department may
, and it shall have power on its own motion,
7or on the complaint of any person, after due notice and a hearing
had, make findings
8and issue orders declaring any indenture
, contract or agreement at an end if it
shall
9be is proved at
such the hearing that any apprentice, employer or
such organization
,
10association or other agency that is a party to the indenture is unable to continue with
11the obligations under the
contract indenture or has breached the
same indenture.
12Upon the termination of the indenture, the
released apprentice
released therefrom 13shall be free to enter into a new indenture under
such
any terms and conditions
and
14terms as approved by the department
may approve and which that are not
15inconsistent with this section.
AB920,74,18
16(5k) The department shall, upon request, furnish a copy of any instrument
17required to be filed with it under this section
, to any party whose name appears on
18such the requested instrument.
AB920,74,24
19(6) The An employer shall pay for the time
the an apprentice is receiving
20related instruction for no fewer hours than specified in sub. (5) (d) at the same rate
21per hour as for services.
Nothing herein shall This subsection does not prohibit an
22agreement between the parties requiring the apprentice to take additional
23instruction on the apprentice's own time in excess of the number of hours required
24by statute. Attendance at school shall be certified by the teacher in charge.
AB920,75,6
1(8) If either party to an indenture
shall fail fails to perform any of the
2stipulations
thereof of the indenture, the nonperforming party shall forfeit not less
3than one dollar nor more than $100,
such forfeiture
which is to be collected on
4complaint of the department, and paid into the state treasury. Any indenture may
5be annulled by the department upon application of either party and good cause
6shown.
AB920,75,17
7(9) It shall be the duty of the The department
, and it shall have power,
8jurisdiction and authority, to investigate, ascertain, determine and may investigate, 9fix
such reasonable classifications
and to, issue rules
and regulations, and general
10or special orders and
to, hold hearings
and, make findings and render orders
thereon 11upon its findings as shall be necessary to carry out the intent and purposes of
s.
12106.01. Such hearings, this section. The investigations, classifications,
hearings, 13findings and orders shall be made as provided in s. 103.005
and. Except as provided
14in sub. (8), the penalties specified in s. 103.005 (12)
shall apply to
and be imposed for
15any violations of
s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said
16orders shall be this section. Orders issued under this subsection are subject to review
17in the manner provided in under ch. 227.
AB920,75,21
18(10) It shall be the duty of all school officers and public school teachers to
19cooperate with the department and employers of apprentices to furnish, in a public
20school or any school supported in whole or in part by public moneys,
such any 21instruction
as that may be required to be given apprentices.
AB920, s. 166
22Section
166. 106.02 of the statutes is amended to read:
AB920,76,4
23106.02 Carpenters' apprentices. After July 1, 1943, every Every person,
24regardless of age, commencing a carpentry apprenticeship, shall
be indentured enter
25into an indenture under and be subject to s. 106.01, except that if the apprentice is
118 years or more of age the apprentice's signature only shall be necessary to bind the
2apprentice.
Such A carpentry apprenticeship shall be for a period of 4 years, except
3that the department may upon the application of the apprentice or the employer, or
4both, extend
such that term for
not to exceed up to one
additional year.
Note: Amends language to conform to the creation of the definition of "indenture"
in s. 106.001 (2). Also deletes or replaces obsolete language for improved readability and
consistency with current style.
AB920, s. 167
5Section
167. 106.025 (2) of the statutes is amended to read:
AB920,76,96
106.025
(2) Every person commencing a plumbing apprenticeship shall
be
7indentured enter into an indenture under s. 106.01. The term of a plumbing
8apprentice is 5 years, but the department may upon application of the apprentice,
9the apprentice's employer or both extend the term for up to one additional year.
Note: Amends language to conform to the creation of the definition of "indenture"
in s. 106.001 (2).
AB920, s. 168
10Section
168. 108.02 (2) (dm) of the statutes is amended to read:
AB920,76,1411
108.02
(2) (dm) In the employ of a group of operators of farms
(, or a cooperative
12organization of which
such operators
of farms are members
), in the performance of
13service described in par. (d), but only if such operators produced more than one-half
14of the commodity with respect to which such service is performed.
Note: Replaces parentheses and inserts specific reference for improved readability
and consistency with current style.
AB920, s. 169
15Section
169. 108.02 (15) (e) of the statutes is amended to read:
AB920,77,216
108.02
(15) (e) In determining whether an individual's entire services shall be
17deemed considered "employment" subject to this chapter, under pars. (b), (c), (d),
18(dm) and (dn), the department may determine and redetermine the individual's
19status hereunder for such reasonable periods as it
deems considers advisable, and
20may refund
(, as paid by mistake
), any contributions
which that have been paid
1hereunder with respect to services duly covered under any other unemployment
2insurance law.
Note: Replaces parentheses and disfavored terms consistent with current style.
AB920, s. 170
3Section
170. 108.03 (1) of the statutes is amended to read:
AB920,77,84
108.03
(1) Benefits shall be paid to each unemployed and eligible employe from
5his or her employer's account, under the conditions and in the amounts stated in
(, 6or approved by the department pursuant to
), this chapter, and at such times, at such
7places, and in such manner as the department may from time to time approve or
8prescribe.
Note: Replaces parentheses consistent with current style.
AB920, s. 171
9Section
171. 108.04 (9) (a) and (b) of the statutes are amended to read:
AB920,77,1110
108.04
(9) (a) If the position offered is vacant due directly to a strike, lockout
11or other labor dispute
;.
AB920,77,1412
(b) If the wages, hours
(, including arrangement and number
), or other
13conditions of the work offered are substantially less favorable to the individual than
14those prevailing for similar work in the locality
;.
Note: Replaces punctuation and parentheses consistent with current style.
AB920, s. 172
15Section
172. 108.04 (12) (d) of the statutes is amended to read:
AB920,77,1916
108.04
(12) (d) Any individual who receives unemployment insurance for a
17given week under the law of any other state
(, with no use of benefit credits earned
18under this chapter
), shall be ineligible for benefits paid or payable for that same week
19under this chapter.
Note: Replaces parentheses consistent with current style.
AB920, s. 173
20Section
173. 108.14 (8n) (b), (c) and (d) of the statutes are amended to read:
AB920,78,821
108.14
(8n) (b)
Such arrangements
Arrangements under par. (a) may provide,
22as to any individual whose employment has been covered by this chapter and by the
1unemployment insurance law of one or more other participating jurisdictions, for
2transfer by the department to another agency of relevant records or information, and
3the acceptance and use
thereof of the records and information, in combination with
4similar data from other jurisdictions, by
such the other agency, as a basis for
5computing and paying benefits under the law administered by
such the other agency.
6Reciprocally,
such arrangements
under par. (a) may provide for similar acceptance,
7combination and use by the department of data received from other jurisdictions to
8compute and pay benefits under this chapter.
AB920,78,129
(c)
Such arrangements Arrangements under par. (a) shall provide for mutual
10acceptance by the participating agencies of data
thus supplied
under par. (b),
11including reasonable estimates of relevant data not otherwise available in the
12transferring agency.
AB920,78,1713
(d)
Such arrangements Arrangements under par. (a) shall specify an equitable
14basis for reimbursing the unemployment fund of each participating jurisdiction for
15any benefits paid therefrom on the basis of covered employment in
(, and data
16supplied by the agency of
), another
such participating jurisdiction, out of the
17unemployment fund of
such the other jurisdiction.
Note: Inserts specific references and cross-references for improved readability
and consistency with current style.
AB920, s. 174
18Section
174. 108.14 (8n) (f) of the statutes is amended to read:
AB920,78,2219
108.14
(8n) (f) To facilitate the application of
such arrangements
under par. (a) 20to this chapter, the department may, from data received by it under such
21arrangements, make reasonable estimates of quarterly wages and may compute and
22pay benefits accordingly.
Note: Inserts specific cross-reference for improved readability and consistency
with current style.
AB920, s. 175
1Section
175. 108.16 (6) (b) and (c) of the statutes are amended to read:
AB920,79,22
108.16
(6) (b) Any reimbursement made pursuant to s. 108.04 (13) (d)
;.
AB920,79,43
(c) Any balance credited to an employer's account, if and when the employer
4ceases to be subject to this chapter, except as provided in sub. (8)
;.
Note: Replaces punctuation consistent with current style.
AB920,79,117
108.16
(6) (e) The amount of any benefit check duly issued and delivered or
8mailed to an employe, if
such the benefit check has not been presented for payment
9within one year after its date of issue
; provided that a substitute check may be issued
10and charged to the balancing account, if the employe makes application therefor
11within 6 years after the date of issue of the original check;.
Note: Inserts specific reference and replaces punctuation and a disfavored term
for improved readability and consistency with current style. See also the next 2 sections
of this bill.
AB920, s. 177
12Section
177. 108.16 (6m) (f) of the statutes is created to read:
AB920,79,1313
108.16
(6m) (f) The amount of any substitute check issued under sub. (11).
Note: Relocates material from s. 108.16 (6) (e), above.
AB920, s. 178
14Section
178. 108.16 (11) of the statutes is created to read:
AB920,79,1715
108.16
(11) The fund's treasurer may issue a substitute check to an employe
16to replace a check that is canceled under sub. (6) (e), if the employe makes application
17therefor within 6 years after the date of issue of the original check.
Note: Relocates material from s. 108.15 (6) (e), above.