2009 - 2010 LEGISLATURE
March 2, 2010 - Introduced by Senator Coggs, cosponsored by Representatives
Toles, Sheridan and Sinicki. Referred to Committee on Labor, Elections and
Urban Affairs.
SB586,2,2
1An Act to repeal 106.01 (2), 106.01 (4), 106.01 (5) (intro.), 106.01 (5) (a), 106.01
2(5) (b), 106.01 (5) (c), 106.01 (5) (e), 106.01 (5) (f), 106.01 (5) (g), 106.01 (5i) (a),
3106.01 (5i) (b) and 106.01 (5k);
to renumber and amend 15.227 (13), 106.001
4(3), 106.01 (3), 106.01 (5) (d), 106.01 (5i) (am) 1., 106.01 (5i) (am) 2., 106.01 (5i)
5(c), 106.01 (5j), 106.01 (6) and 106.01 (10);
to amend 15.157 (15) (a), 15.157 (15)
6(c), 101.136 (4) (a), 101.136 (6) (a) 1., 101.136 (6) (c) 2., 103.70 (1), 104.08 (2m),
7106.001 (1), 106.001 (2), 106.01 (7), 106.01 (8), 106.01 (9), 106.02, 106.025 (2),
8106.03, 106.13 (3), 145.01 (3), 145.07 (7) (a), 445.095 (3) and 454.10 (1);
to
9repeal and recreate 106.01 (title); and
to create 15.227 (13) (a) 1. to 6. and
10(b), 106.001 (2m), 106.001 (4), 106.001 (5), 106.001 (6), 106.001 (7), 106.01 (5m)
11(title), 106.01 (6) (title), 106.01 (6) (d) and 106.01 (11) of the statutes;
relating
12to: apprentice contracts, the appointment and composition of the Wisconsin
1Apprenticeship Council, requiring the exercise of rule-making authority, and
2providing a penalty.
Analysis by the Legislative Reference Bureau
Introduction
Under current law, any person 16 years of age or over may enter into an
indenture, which is a contract whereby the person (apprentice) is to receive from his
or her employer, in consideration for the apprentice's services, instruction in any
trade, craft, or business. This bill makes various changes relating to the formation
and assignment of an apprentice contract, the related instruction that must be
provided under an apprentice contract, the procedures for terminating an apprentice
contract, and the penalties for nonperformance of an apprentice contract. The bill
also makes certain changes relating to the appointment and composition of the
Wisconsin Apprenticeship Council.
Apprentice contracts
Formation of apprentice contract. Under current law, an apprentice may
enter into an indenture with an employer or with an organization of employees,
association of employers, or other similar responsible agency (organization). An
indenture must contain the names of the parties; the date of birth of the apprentice;
a statement of the trade, craft, or business that the apprentice is to be taught and
the time when the apprenticeship will begin and end; an agreement stating the
number of hours to be spent in related instruction; an agreement as to the
procedures, methods, or plans to be taught; and a statement of the compensation to
be paid to the apprentice.
This bill defines or redefines certain terms relating to apprenticeships.
Specifically, the bill:
1. Replaces the term "indenture" with the term "apprentice contract" and
specifies that an apprentice contract is between the apprentice, the Department of
Workforce Development (DWD), and the sponsor of the apprenticeship program or
an apprenticeship committee acting as the agent of the sponsor.
2. Replaces the term "organization" with the term "sponsor" and redefines that
term to mean any employer, organization of employees, association of employers,
committee, or other person operating an apprenticeship program and in whose name
the apprenticeship program is approved by DWD.
3. Defines an "apprenticeship committee" as a joint apprenticeship committee,
which consists of both employer and employee representatives, or a nonjoint
apprenticeship committee, which consists only of employer representatives,
designated by a sponsor to administer an apprenticeship program.
4. Defines an "apprenticeship program" as a program approved by DWD
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 the subchapter of the statutes relating to apprenticeship programs.
The bill also requires DWD to promulgate rules providing procedures for approving
and rescinding approval of an apprenticeship program.
The bill also eliminates the statutory provisions specifying the provisions that
must be included in an indenture and instead requires DWD to promulgate rules
specifying the provisions that are required to be included in an apprentice contract.
Assignment of apprentice contract. Current law requires an organization
that has entered into an indenture, with the written consent of the other parties to
the indenture and the written acceptance of the proposed employer of the apprentice,
to assign the indenture to the proposed employer, who is then bound by the terms of
the indenture. Similarly, current law permits an employer that has entered into an
indenture, with the approval of DWD and the written consent of the other parties to
the indenture, to assign the indenture to an organization, which, with the approval
of DWD and the written consent of the apprentice, must reassign the indenture to
another employer that agrees to perform the unperformed obligations of the
indenture. Current law also permits an employer that has entered into an indenture,
with the written consent of the other parties to the indenture and the approval of
DWD, to assign the indenture to another employer, who must then perform the
unperformed obligations of the indenture.
This bill requires a sponsor that is not the proposed employer of an apprentice,
or an apprenticeship committee that is acting as the agent of a sponsor, with the
written acceptance of the proposed employer of the apprentice, to assign an
apprentice contract to the proposed employer, who is then bound by the terms of the
apprentice contract. The bill also permits the sponsor or the apprenticeship
committee that entered into an apprentice contract to reassign the apprentice
contract to a different employer who agrees to perform the unperformed obligations
of the apprentice contract.
Related instruction. Current law requires an apprentice to receive not less
than four hours per week of related instruction during the first two years of an
apprenticeship, to receive a total of not less than 400 hours of related instruction if
the apprenticeship is for longer than two years, and to be paid for no fewer than those
hours of related instruction at the same rate per hour as the apprentice is paid for
services performed. Current law, however, does not prohibit an agreement between
the parties requiring the apprentice to take additional instruction on his or her own
time in excess of those required hours of related instruction.
This bill requires a sponsor to provide for an apprentice not less than 144 hours
per year of related instruction during the first two years of the apprenticeship, not
less than a total of 400 hours of related instruction over the term of the
apprenticeship if the apprenticeship is for longer than two years, and, if the
apprentice is receiving classroom instruction, not less than four hours of related
instruction or the equivalent during each week that the school providing the
classroom instruction is in session. The bill also requires an employer to pay an
apprentice for not less than the number of hours of related instruction required
under the bill or under the apprentice contract, whichever is greater, at the same rate
per hour as the employer pays the apprentice for services performed, but does not
prohibit an agreement between the parties requiring the apprentice to take
additional instruction on his or her own time in excess of the number of hours of
related instruction required under the bill or under the apprentice contract,
whichever is greater. In addition, the bill requires the provider of related instruction
to submit reports on grades and attendance to DWD and the sponsor in accordance
with standards set by DWD.
Termination of apprentice contract. Under current law, DWD may declare
an indenture to be at an end if after due notice and hearing it is proved at the hearing
that any apprentice, employer, or organization that is a party to the indenture is
unable to continue with the obligations under the indenture or has breached the
indenture.
This bill permits DWD to terminate an apprentice contract if after due notice
and investigation it is proved that any apprentice, employer, or sponsor that is a
party to the apprentice contract is unable to continue with the obligations under the
apprentice contract or has breached the apprentice contract. Under the bill, no
hearing is required unless the apprentice, employer, or sponsor requests a hearing.
Nonperformance of apprentice contract. Under current law, if either party
to an indenture fails to perform any of the stipulations of the indenture, the
nonperforming party may be required to forfeit not less than $1 nor more than $100.
This bill increases that penalty to not less than $100 nor more than $1,000 and
applies that penalty to an apprentice, sponsor, or assignee employer that fails to
perform any of the stipulations of an apprentice contract.
Wisconsin Apprenticeship Council
Appointment and composition of Wisconsin Apprenticeship Council.
Under current law, there is created in DWD a Wisconsin Apprenticeship Council
(council) whose members are appointed by the Labor and Industry Review
Commission (LIRC). This bill requires the council to consist of nine representatives
of employers, nine representatives of employees, one representative of the Technical
College System (TCS), one representative of the Department of Public Instruction
(DPI), two members who represent the public interest, and one permanent classified
employee of DWD to serve as nonvoting chairperson of the council. The bill also
requires the secretary of workforce development, rather than LIRC, to appoint the
members of the council, except that the bill requires the representative of the TCS
to be appointed by the director of the TCS and the representative of the DPI to be
appointed by the state superintendent of public instruction. In addition, the bill
requires all members of the council to be familiar with apprenticeable occupations.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB586,5,63
15.157
(15) (a) Two members who represent major insulation companies that
4sponsor an apprenticeship training program in installing and maintaining thermal
5system insulation that is approved by the department and that meets the
6requirements of the department of workforce development under
subch. I of ch. 106.
SB586,5,139
15.157
(15) (c) Two members who are mechanics with at least 10 years of
10experience in the area of heat and frost insulation and who have successfully
11completed training in installing and maintaining thermal system insulation under
12an apprenticeship program that is approved by the department and that meets the
13requirements of the department of workforce development under
subch. I of ch. 106.
SB586, s. 3
14Section
3. 15.227 (13) of the statutes is renumbered 15.227 (13) (a) (intro.) and
15amended to read:
SB586,5,1816
15.227
(13) (a) (intro.) There is created in the department of workforce
17development a Wisconsin apprenticeship council
appointed by the labor and
18industry review commission. consisting of all of the following:
SB586, s. 4
19Section
4. 15.227 (13) (a) 1. to 6. and (b) of the statutes are created to read:
SB586,5,2120
15.227
(13) (a) 1. Nine representatives of employers, appointed by the
21secretary of workforce development.
SB586,5,2322
2. Nine representatives of employees, appointed by the secretary of workforce
23development.
SB586,5,2524
3. One representative of the technical college system, appointed by the director
25of the technical college system.
SB586,6,2
14. One representative of the department of public instruction, appointed by the
2state superintendent of public instruction.
SB586,6,43
5. Two members who represent the public interest, appointed by the secretary
4of workforce development.
SB586,6,75
6. One permanent classified employee of the department of workforce
6development, appointed by the secretary of workforce development, who shall serve
7as nonvoting chairperson.
SB586,6,98
(b) All members of the Wisconsin apprenticeship council shall be persons who
9are familiar with apprenticeable occupations.
SB586,6,1712
101.136
(4) (a) The department shall employ a person who has at least 10 years
13of experience as a mechanic, and who has successfully completed an apprenticeship
14program in installing and maintaining thermal system insulation that is approved
15by the department and that meets the requirements of the department of workforce
16development under
subch. I of ch. 106, as the state inspector. The state inspector
17shall work under the direct supervision of the secretary or his or her designee.
SB586,6,2520
101.136
(6) (a) 1. Except as provided in subd. 2., beginning on July 1, 2011, no
21person may install or maintain thermal system insulation in any building unless
22that person is a mechanic licensed by the department under this section, is working
23under the direct supervision of a licensed mechanic, or is serving an apprenticeship
24in the installation and maintenance of thermal system insulation that meets the
25requirements specified under
subch. I of ch. 106.
SB586,7,63
101.136
(6) (c) 2. He or she has successfully completed training in installing
4and maintaining thermal system insulation under an apprenticeship program that
5is approved by the department and that meets the requirements of the department
6of workforce development under
subch. I of ch. 106.
SB586, s. 8
7Section
8. 103.70 (1) of the statutes is amended to read:
SB586,7,188
103.70
(1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31,
9103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2.
, and 938.34 (5) (b) and (5g) (c), and as
10may be provided under s. 103.79, a minor
, may not be employed or permitted to work
11at any gainful occupation or employment, unless
indentured as employed under an
12apprentice
in accordance with contract under s. 106.01,
or unless 12 years and over
13and engaged in farming,
or unless 14 years and over and enrolled in a youth
14apprenticeship program under s. 106.13,
shall not be employed or permitted to work
15at any gainful occupation or employment or unless there is first obtained from the
16department or a permit officer a written permit authorizing the employment of the
17minor within those periods of time stated in the permit, which
shall may not exceed
18the maximum hours prescribed by law.
SB586, s. 9
19Section
9. 104.08 (2m) of the statutes is amended to read:
SB586,7,2220
104.08
(2m) Any person working in a trade industry for which a living wage
21has been established for minors, and who has no trade, shall be
indentured employed
22under an apprentice contract under s. 106.01.
SB586, s. 10
23Section
10. 106.001 (1) of the statutes is amended to read:
SB586,8,3
1106.001
(1) "Apprentice" means any person who enters into an
indenture with
2an employer or organization apprentice contract with the department and with a
3sponsor or an apprenticeship committee acting as the agent of a sponsor.
SB586, s. 11
4Section
11. 106.001 (2) of the statutes is amended to read:
SB586,8,105
106.001
(2) "Indenture" "
Apprentice contract" means any contract or
6agreement of service, express or implied,
between an apprentice, the department,
7and a sponsor or an apprenticeship committee acting as the agent of a sponsor 8whereby an apprentice is to receive from or through the apprentice's employer, in
9consideration for the apprentice's services in whole or in part, instruction in any
10trade, craft
, or business.
SB586, s. 12
11Section
12. 106.001 (2m) of the statutes is created to read:
SB586,8,1412
106.001
(2m) "Apprenticeship committee" means a joint apprenticeship
13committee or a nonjoint apprenticeship committee designated by a sponsor to
14administer an apprenticeship program.
SB586, s. 13
15Section
13. 106.001 (3) of the statutes is renumbered 106.001 (8) and amended
16to read:
SB586,8,2017
106.001
(8) "Organization" "
Sponsor" means
an any employer, organization of
18employees, association of employers
, committee, or other
similar responsible agency
19in this state person operating an apprenticeship program and in whose name the
20apprenticeship program is approved by the department.
SB586, s. 14
21Section
14. 106.001 (4) of the statutes is created to read:
SB586,9,222
106.001
(4) "Apprenticeship program" means a program approved by the
23department providing for the employment and training of apprentices in a trade,
24craft, or business that includes a plan containing all of the terms and conditions for
25the qualification, recruitment, selection, employment, and training of apprentices as
1required under this subchapter, including the apprentice contract requirements
2under s. 106.01.
SB586, s. 15
3Section
15. 106.001 (5) of the statutes is created to read:
SB586,9,54
106.001
(5) "Employer" means any person employing an apprentice, whether
5or not the person is a party to an apprentice contract with the apprentice.
SB586, s. 16
6Section
16. 106.001 (6) of the statutes is created to read:
SB586,9,97
106.001
(6) "Joint apprenticeship committee" means an apprenticeship
8committee that consists of an equal number of representatives of employers and of
9representatives of employees who are represented by a collective bargaining agent.
SB586, s. 17
10Section
17. 106.001 (7) of the statutes is created to read:
SB586,9,1311
106.001
(7) "Nonjoint apprenticeship committee" means an apprenticeship
12committee that consists of representatives of employers, but not of representatives
13of employees who are represented by a collective bargaining agent.
SB586, s. 18
14Section
18. 106.01 (title) of the statutes is repealed and recreated to read:
SB586,9,15
15106.01 (title)
Apprentice contracts.
SB586, s. 19
16Section
19. 106.01 (2) of the statutes is repealed.
SB586, s. 20
17Section
20. 106.01 (3) of the statutes is renumbered 106.01 (1) and amended
18to read:
SB586,9,2519
106.01
(1) Formation of apprentice contract. Except as provided in ss. 106.02,
20106.025 and 106.03, any minor Any person 16 years of age or over
or any adult may,
21by the execution of an indenture, bind may enter into an apprentice contract binding 22himself or herself
to serve as an apprentice as provided in this section
for a . Except
23as provided in ss. 106.02, 106.025, and 106.03, the term of service of
an
24apprenticeship shall be for not less than one year.
Every apprentice contract shall
25be in writing and shall be signed by the apprentice, the department, and the sponsor
1or an apprenticeship committee acting as the agent of the sponsor. If the apprentice
2has not reached 18 years of age, the apprentice contract shall also be signed by one
3of the apprentice's parents or, if both parents are deceased or legally incapable of
4giving consent, by the guardian of the apprentice or, if there is no guardian, by a
5deputy of the department. The department shall specify the provisions that are
6required to be included in an apprentice contract by rule promulgated under sub.
7(11).
SB586, s. 21
8Section
21. 106.01 (4) of the statutes is repealed.
SB586, s. 22
9Section
22. 106.01 (5) (intro.) of the statutes is repealed.
SB586, s. 23
10Section
23. 106.01 (5) (a) of the statutes is repealed.
SB586, s. 24
11Section
24. 106.01 (5) (b) of the statutes is repealed.
SB586, s. 25
12Section
25. 106.01 (5) (c) of the statutes is repealed.
SB586, s. 26
13Section
26. 106.01 (5) (d) of the statutes is renumbered 106.01 (6) (b) and
14amended to read:
SB586,11,215
106.01
(6) (b)
An agreement stating the number of hours to be spent in work,
16and the number of hours to be spent in instruction. During the first 2 years of an
17apprenticeship, the
apprentice's period of instruction shall be not less than 4 hours
18per week or the equivalent sponsor shall provide for the apprentice not less than 144
19hours per year of related instruction. If the apprenticeship is for
a longer
period 20than 2 years, the
total hours of instruction shall be
sponsor shall provide for the
21apprentice not less than
a total of 400 hours
of related instruction over the term of
22the apprenticeship. If the apprentice is receiving classroom instruction, the sponsor
23shall provide for the apprentice not less than 4 hours of related instruction or the
24equivalent during each week that the school providing the classroom instruction is
25in session. The total number of hours of
related instruction and work
shall that a
1sponsor may assign to an apprentice may not exceed 55 per week, except that nothing
2in this paragraph shall be construed to forbid overtime work as provided in sub. (7).
SB586, s. 27
3Section
27. 106.01 (5) (e) of the statutes is repealed.
SB586, s. 28
4Section
28. 106.01 (5) (f) of the statutes is repealed.