LRB-5109/1
JK/MED/ARG/FK:skw&emw
2023 - 2024 LEGISLATURE
December 8, 2023 - Introduced by Senators Feyen, Ballweg, Cowles and Testin,
cosponsored by Representatives Oldenburg, Petryk, Armstrong, Behnke,
Callahan, Dittrich, Donovan, Edming, Goeben, Gundrum, Kitchens, Krug,
Macco, Maxey, Melotik, Moses, Murphy, Mursau, Nedweski, Novak,
O'Connor, Penterman, Rettinger, Schraa, Snyder, Tusler and
VanderMeer. Referred to Committee on Economic Development and
Technical Colleges.
SB747,2,2 1An Act to repeal 106.05 (1) (a) and 106.05 (2) (a) 2.; to renumber 106.05 (1) (b);
2to renumber and amend 38.04 (26), 106.273 (2) (b) and 118.34 (1); to
3consolidate, renumber and amend
106.05 (2) (a) (intro.) and 1.; to amend
4106.05 (title), 106.05 (2) (b) (intro.), 106.05 (2) (c), 106.05 (3) (a), 106.05 (3) (b)
5(intro.) and 118.52 (6) (b); and to create 38.04 (26) (b), 38.40 (2g), 71.07 (11),
671.10 (4) (eb), 106.01 (3), 106.05 (1) (e) and (f), 106.05 (1) (v), 106.05 (2m),
7106.273 (2) (b) 1. and 118.34 (1) (c) of the statutes; relating to: apprenticeship
8and youth apprenticeship completion awards, career and technical education
9incentive grants and completion awards, technical preparation programs in
10school districts and technical colleges, creating an individual income tax credit
11for completing an apprenticeship program, rejection criteria for part-time open

1enrollment applications, extending the time limit for emergency rule
2procedures, and providing an exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
Apprenticeship and youth apprenticeship
Under current law, any person 16 years of age or older may enter into an
apprenticeship, which is a contract whereby the person (apprentice) receives from
his or her employer in consideration for the apprentice's services, instruction in any
trade, craft, or business. That instruction may include related classroom instruction.
Apprenticeship programs are operated by sponsors and approved by the Department
of Workforce Development. In some cases, the sponsor of an apprenticeship program
is the employer, while in other cases, apprenticeship programs are operated by other
types of sponsors, such as apprenticeship committees. Current law also provides for
a youth apprenticeship program, under which DWD develops curricula for several
specified occupational areas. As established by DWD, a youth apprenticeship is
available to high school pupils and consists of work for an employer and related
classroom instruction. The apprenticeship and youth apprenticeship programs are
administered by DWD. This bill makes various changes related to apprenticeships
and youth apprenticeships, including the following:
Skilled wage rate
Under DWD's current apprenticeship rules, an apprentice contract wage scale
is deemed adequate when, during the term of training, it averages 60 percent of the
current journeyworker rate or skilled wage rate. The skilled wage rate is therefore
used to determine what constitutes an adequate wage scale for apprentices. For
apprentices in construction who are not covered under a collective bargaining
agreement, the skilled wage rate is the rate average, calculated as the mean, based
on the geographical area of the appropriate local apprenticeship committee. For
apprentices in other (nonconstruction) industry sectors who are not covered under
a collective bargaining agreement, the skilled wage rate is the rate paid to the
greatest number of competent journeyworkers in like establishments in the
community or another rate deemed adequate by DWD. The rate for apprentices who
are covered under a collective bargaining agreement is determined by the
agreement.
The bill provides that the skilled wage rate for apprentices in all industries who
are not covered under a collective bargaining agreement is the average rate paid to
competent journeyworkers in like establishments in the area, as determined by the
sponsor. The bill maintains the wage scale requirement described above and the
requirement that, in determining the skilled wage rate for apprentices whose
employment is governed by a collective bargaining agreement, the rate specified in
the collective bargaining agreement applies.

Apprenticeship completion awards
Current law provides for an apprenticeship completion award program
(ACAP), administered by DWD, under which apprentices and their sponsors may
receive reimbursement for tuition costs charged to an apprentice to participate in the
classroom instruction for the apprenticeship. Apprenticeship completion awards are
limited to 25 percent of the cost of tuition incurred by the apprentice or sponsor or
$1,000, whichever is less, except that DWD may, if funding is not available to fully
fund awards, reduce the reimbursement percentage or deny applications for
completion awards that would otherwise qualify. The bill does all of the following
with respect to the ACAP:
1. Expands the ACAP to allow reimbursement for additional costs.
2. Eliminates the availability of apprenticeship sponsors to receive
reimbursements under the ACAP. Under the bill, therefore, only apprentices may
receive reimbursement for costs under the ACAP.
3. Creates a youth apprenticeship completion award program (YACAP) under
which youth apprentices may receive reimbursement for various specified costs.
Youth apprenticeship completion awards are limited to 25 percent of eligible costs
incurred by the youth apprentice or $500, whichever is less, for a given year of youth
apprenticeship, subject to a maximum of two awards for a total maximum of $1,000,
except that DWD may reduce the reimbursement percentage or deny applications as
under current law for the ACAP. The YACAP is limited to youth apprenticeships in
the area of architecture and construction.
Apprenticeship tax credit
The bill allows an individual enrolled in an apprenticeship program to claim an
income tax credit of $500 for the taxable year in which the individual completes the
program.
High school education—courses and programming
Career and technical education incentive grants and completion awards
Current law requires DWD to annually confer with the Department of Public
Instruction and the Technical College System to identify industries and occupations
within this state that face workforce shortages or shortages of adequately trained,
entry-level workers. DWD is required to approve industry-recognized certification
programs designed to 1) mitigate workforce shortages in the aforementioned
industries and occupations and 2) prepare individuals for occupations as fire
fighters, emergency medical responders, or emergency medical services
practitioners. Current law also requires DWD to award incentive grants to school
districts with these industry-recognized certification programs and requires DWD
to annually award completion awards to students in the amount of $500 for each
industry-recognized certification program approved by DWD to prepare individuals
for occupations as fire fighters, emergency medical responders, or emergency
medical services practitioners. The bill adds programs in construction work to the
list of industry-recognized certification programs for which DWD must approve
programs. This change applies for purposes of eligibility for both the incentive
grants available to school districts and the completion awards available to students.

Apprenticeship courses and technical preparation programs
Current law requires each school board, in cooperation with a technical college
district board, to establish a technical preparation program in each public high
school in the school district. The program must consist of a sequence of courses,
approved by the Technical College System Board, designed to allow high school
pupils to gain advanced standing in the technical college district's associate degree
program upon graduation from high school. The TCS Board must annually publish
a list of these approved courses that indicates the schools in which each course is
taught and the credit equivalency available in each technical college district for each
course. There is also a separate statutory requirement that the TCS Board provide
a technical preparation program that includes the school district technical
preparation program and further requires the TCS Board to plan, coordinate,
administer, and implement its technical preparation program.
Under the bill, the TCS Board must annually publish a list of courses offered
to high school students that meet all of the following criteria: 1) the course is offered
to adults in an approved apprenticeship program; 2) the course has a technical
college district course number; and 3) the course is taught by school district faculty,
by technical college faculty, or by industry professionals who teach the course to
adults in an approved apprenticeship program (TCS-listed apprenticeship courses).
The TCS Board must facilitate dual enrollment programs between school boards and
technical college district boards for TCS-listed apprenticeship courses and must
ensure that an individual's successful completion of a TCS-listed apprenticeship
course allows the individual to receive technical college course credit while in high
school. These TCS-listed apprenticeship courses must also be included in the TCS
Board's and school district's technical preparation programs.
Part-time open enrollment; undue financial burden
Currently, under the part-time open enrollment program, a pupil enrolled in
grades nine to 12 in a public school may attend public school in a school district other
than the pupil's resident school district (a nonresident school district) to take up to
two courses offered by the nonresident school district. Current law requires a pupil's
resident school district to pay the nonresident school district an amount equal to the
cost of providing the course to the pupil, as determined by the Department of Public
Instruction. Under current law, a pupil's resident school board may prohibit the
pupil from attending a course in a nonresident school district if the cost of the course
would impose an undue financial burden on the school district. The bill specifies
that, when making a determination about whether a course imposes an undue
financial burden, a school district must use a consistent methodology that does not
consider the content of the course and evaluate whether paying the cost of the course
will impair the school district's operations.

For further information see the state and local 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:
SB747,1 1Section 1 . 38.04 (26) of the statutes is renumbered 38.04 (26) (intro.) and
2amended to read:
SB747,5,63 38.04 (26) Technical preparation programs. (intro.) In consultation with the
4state superintendent of public instruction, the board shall approve courses for
5technical preparation programs under s. 118.34 (1) (b). By July 1, 1994, and annually
6thereafter Annually by July 1, the board shall publish a list of the all of the following:
SB747,5,9 7(a) The approved courses that indicates under s. 118.34 (1) (b), indicating the
8high schools in which each course is taught and the credit equivalency available in
9each technical college district for each course.
SB747,2 10Section 2 . 38.04 (26) (b) of the statutes is created to read:
SB747,5,1211 38.04 (26) (b) Courses offered to high school students that meet all of the
12following criteria:
SB747,5,1413 1. The course is offered to adults in an approved apprenticeship program, as
14defined in s. 106.001 (4).
SB747,5,1515 2. The course has a technical college district course number.
SB747,5,1816 3. The course is taught by school district faculty, by technical college faculty,
17or by industry professionals who teach the course to adults in an approved
18apprenticeship program, as defined in s. 106.001 (4).
SB747,3 19Section 3 . 38.40 (2g) of the statutes is created to read:
SB747,5,2120 38.40 (2g) Apprenticeship courses. (a) In this subsection, “apprenticeship
21courses” means those courses identified under s. 38.04 (26) (b).
SB747,6,2
1(b) The board shall facilitate dual enrollment programs between school boards
2and technical college district boards for apprenticeship courses.
SB747,6,53 (c) The board shall ensure that an individual's successful completion of an
4apprenticeship course allows the individual to receive technical college course credit
5while in high school.
SB747,4 6Section 4. 71.07 (11) of the statutes is created to read:
SB747,6,87 71.07 (11) Eligible apprenticeship expenses credit. (a) Definitions. In this
8subsection:
SB747,6,99 1. “Apprentice” has the meaning given in s. 106.001 (1).
SB747,6,1010 2. “Apprenticeship program” has the meaning given in s. 106.001 (4).
SB747,6,1211 3. “Claimant” means an individual who is an apprentice enrolled in an
12apprenticeship program and who files a claim under this subsection.
SB747,6,1613 (b) Filing claims. For taxable years beginning after December 31, 2023, and
14subject to the limitations under this subsection, a claimant may claim as a credit
15against the tax imposed under s. 71.02 $500 for the taxable year in which the
16claimant successfully completes an apprenticeship program.
SB747,6,1817 (c) Limitations. No credit may be allowed under this subsection unless it is
18claimed within the time period under s. 71.75 (2).
SB747,6,2019 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit
20under that subsection, applies to the credit under this subsection.
SB747,5 21Section 5. 71.10 (4) (eb) of the statutes is created to read:
SB747,6,2222 71.10 (4) (eb) Eligible apprenticeship expenses credit under s. 71.07 (11).
SB747,6 23Section 6 . 106.01 (3) of the statutes is created to read:
SB747,7,224 106.01 (3) Skilled wage rate. (a) An apprentice contract wage scale shall be
25deemed adequate when, during the term of training, it averages 60 percent of the

1current journeyworker rate or skilled wage rate. The apprentice contract shall
2provide for a graduated scale, progressing in periods as approved by the department.
SB747,7,43 (b) In determining the journeyworker or skilled wage rate under par. (a), for
4all industries:
SB747,7,65 1. For apprentices whose employment is governed by a collective bargaining
6agreement, the rate specified in the collective bargaining agreement applies.
SB747,7,97 2. For apprentices whose employment is not governed by a collective
8bargaining agreement, the skilled wage rate is the average rate paid to competent
9journeyworkers in like establishments in the area, as determined by the sponsor.
SB747,7 10Section 7 . 106.05 (title) of the statutes is amended to read:
SB747,7,12 11106.05 (title) Apprenticeship and youth apprenticeship completion
12award
program programs.
SB747,8 13Section 8. 106.05 (1) (a) of the statutes is repealed.
SB747,9 14Section 9 . 106.05 (1) (b) of the statutes is renumbered 106.05 (1) (t).
SB747,10 15Section 10. 106.05 (1) (e) and (f) of the statutes are created to read:
SB747,7,1716 106.05 (1) (e) “Eligible apprenticeship expenses” means any of the following
17costs incurred by an apprentice in connection with the apprenticeship:
SB747,7,2018 1. Tools, books and instructional guides, and other materials, including
19personal protective equipment, that are used in the apprentice's trade, craft, or
20business.
SB747,7,2121 2. Tuition costs.
SB747,7,2322 3. Travel costs, including mileage reimbursement, costs related to mass transit,
23parking costs, and taxicab and transportation network company ride fares.
SB747,8,3
1(f) “Eligible youth apprenticeship expenses” means any of the following
2incurred by a youth apprentice in connection with the youth apprenticeship
3program:
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