2017 - 2018 LEGISLATURE
September 14, 2017 - Introduced by Senators Kapenga, Craig,
Lasee, Marklein, Nass, Stroebel, Vukmir and Wanggaard, cosponsored by
Representatives Hutton, Rohrkaste, Allen, Bernier, Brandtjen, E. Brooks,
Felzkowski, Gannon, Horlacher, Katsma, Knodl, Kremer, Krug, Kulp,
Macco, Neylon, Petersen, Sanfelippo, Spiros, Thiesfeldt, Tittl and Tusler.
Referred to Committee on Labor and Regulatory Reform.
1An Act to repeal
106.02 and 106.025 (4); to amend
106.01 (1), 106.01 (9), 106.01 2
(11) (intro.), 106.025 (1) and 106.025 (2); and to create
106.015 of the statutes; 3relating to: apprentice-to-journeyworker ratios in apprenticeships and the
4minimum duration of carpentry and plumbing apprenticeships.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Workforce Development administers the
law concerning apprenticeship programs in this state and has various powers as
necessary to perform that function. In addition, DWD must promulgate rules
regarding procedures for approving and for rescinding approval of apprenticeship
programs. Under DWD's current rules, in order to be eligible for approval and
registration by DWD, an apprenticeship program must have standards that address
a numeric ratio of apprentices to journeyworkers consistent with proper supervision,
training, safety, and continuity of employment, and applicable provisions in
collective bargaining agreements, except where such ratios are expressly prohibited
by the collective bargaining agreements.
This bill specifically prohibits DWD from prescribing, enforcing, or authorizing,
through any means, a ratio of apprentices to journeyworkers for apprenticeship
programs or apprentice contracts that requires more than one journeyworker for
The bill also repeals certain provisions regarding minimum terms for carpentry
and plumbing apprenticeships.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
106.01 (1) of the statutes is amended to read:
106.01 (1) Formation of apprentice contract.
Any person 16 years of age or 3
over may enter into an apprentice contract binding himself or herself to serve as an 4
apprentice as provided in this section. Except as provided in ss. 106.02 and 106.025,
term of service of an apprenticeship shall be for not less than one year. Every 6
apprentice contract shall be in writing and shall be signed by the apprentice, the 7
department, and the sponsor or an apprenticeship committee acting as the agent of 8
the sponsor. If the apprentice has not reached 18 years of age, the apprentice contract 9
shall also be signed by one of the apprentice's parents or, if both parents are deceased 10
or legally incapable of giving consent, by the guardian of the apprentice or, if there 11
is no guardian, by a deputy of the department. The department shall specify the 12
provisions that are required to be included in an apprentice contract by rule 13
promulgated under sub. (11).
106.01 (9) of the statutes is amended to read:
106.01 (9) Authority of department.
The department, subject to s. 106.015, 16
may investigate, fix reasonable classifications, issue rules and general or special 17
orders, and hold hearings, make findings, and render orders upon its findings as 18
necessary to carry out the intent and purposes of this section. The investigations, 19
classifications, hearings, findings, and orders shall be made as provided in s. 20
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 2
to review under ch. 227.
106.01 (11) (intro.) of the statutes is amended to read:
106.01 (11) Rules.
(intro.) The department, subject to s. 106.015,
promulgate rules to implement this section, including rules providing for all of the 6
106.015 of the statutes is created to read:
8106.015 Apprentice–to–journeyworker ratios.
The department may not 9
prescribe, enforce, or authorize, whether through the promulgation of a rule, the 10
issuance of a general or special order, the approval of an apprenticeship program or 11
apprentice contract, or otherwise, a ratio of apprentices to journeyworkers for 12
apprenticeship programs or apprentice contracts that requires more than one 13
journeyworker for each apprentice.
106.02 of the statutes is repealed.
106.025 (1) of the statutes is amended to read:
The department may prescribe the conditions under which a 17
person may serve a plumbing apprenticeship, as to preliminary and technical college 18
attendance requirements, level of supervision of an apprentice, the character of
and the credit for school attendance in serving the apprenticeship.
106.025 (2) of the statutes is amended to read:
Every person commencing a plumbing apprenticeship shall enter 22
into an apprentice contract under s. 106.01. The term of a plumbing apprentice is
235 years, but the department may upon application of the apprentice, the apprentice's
24employer, or both, extend the term for up to one additional year.
106.025 (4) of the statutes is repealed.
(1) This act first applies to an apprenticeship contract governed by a collective 3
bargaining agreement that contains provisions that are inconsistent with this act on 4
the day on which the collective bargaining agreement expires or is modified, 5
extended, or renewed, whichever occurs first.