Explanation of statutory authority
The Department of Workforce Development (DWD) has responsibilities imposed by
2013 Wisconsin Act 57 (Act 57) for implementing the state's apprenticeship completion reimbursement program. DWD has specific authority to establish rules interpreting and clarifying provisions under ch.
106, Stats., relating to apprentice, employment and equal rights programs. Act 57 created s.
106.05, Stats., which provides that DWD administer an apprenticeship completion award program to partially reimburse the tuition costs paid by apprentices who have successfully completed part or all of the apprenticeship requirements, or the sponsors of those apprentices, and promulgate rules to implement the program.
Related statutes or rules
Chapter
106, Stats., governs the state's apprenticeship program. DWD rules for the apprenticeship completion award program will be incorporated into ch.
DWD 295, which governs the fundamental procedures of the federal and state apprenticeship programs.
Plain language analysis
This rule will administer an apprenticeship completion award program to partially reimburse the tuition costs paid by apprentices who have successfully completed part or all of their apprenticeship requirements, and are employed in the trade, craft or business in which the person was trained or by the sponsors of those apprentices.
This rule will do all of the following:
•
Establish requirements that allow DWD to distribute tuition reimbursement completion awards to an apprentice and the sponsor of the apprentice, up to 25% of the tuition costs, but no more than $1000.
•
Allow DWD to distribute awards in two parts — the first payment may be made upon the successful completion of the first year of the apprentice's contract, but the payment may not exceed $250. The remainder of the award may be distributed upon the final completion of all requirements under the apprentice's contract.
•
Determine the reimbursement award percentage, or, in the alternative, deny applications for reimbursement that would otherwise qualify, if the amount of total reimbursement requests applied for exceeds the amount appropriated, based on the dates on which apprentices and sponsors of the apprentice become eligible for the apprenticeship completion awards.
•
Identify requirements that an apprentice, or sponsor of the apprentice, seeking reimbursement under this program must meet when the apprentice is delinquent in child support or maintenance payments, or owes past support, medical expenses or birth expenses.
Summary of, and comparison with, existing or proposed federal statutes and regulations
The Code of Federal Regulation Chapter
29, Part 29, governs the U.S. Department of Labor Standards for the Registration of Apprentice Programs. There are no federal statutes or regulations equivalent to this apprenticeship completion award program.
Comparison with rules in adjacent states
Minnesota has implemented laws relating to voluntary apprentice program administration, but does not have any comparable rules or programs similar to the apprenticeship completion award program.
Illinois, Indiana, Iowa, and Michigan do not have their own state apprenticeship laws and rely on federal standards.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. Act 57 authorized the department to create this rule. The department has adequate revenue to administer this program during the current biennium under the general purpose revenue provided for fiscal years 2013-14 and 2014-15.
Analysis and supporting document used to determine effect on small business or in preparation of an economic impact analysis
This rule does not impose any new regulatory burdens on any business. The purpose of this rule is to reimburse eligible tuition costs to an apprentice, or sponsor of the apprentice, upon successful completion of the first year under the apprentice's contract or upon the full completion of the apprentice's contract.
Effect on Small Business
This rule does not place any requirements on small businesses but it may have a positive impact on small businesses that employ apprentices and incur tuition costs. Small businesses that incur tuition costs may be eligible for reimbursement of up to $1,000 per apprentice.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Karen Morgan
Department of Workforce Development
Division of Employment and Training
P.O. Box 7972, Madison, WI 53708-7972
Telephone: (608) 266-3133
