Section 106.01, Stats.

Sections 103.005 (1), 106.01 (9), and 227.11, Stats.

Under ss. 106.01 to 106.04, Stats., the Department of Workforce Development (DWD) is responsible for the establishment and supervision of apprenticeship standards for sponsors, employers and employees. Under s. 106.01 (9), Stats., “(t)he department may investigate, fix reasonable classifications, issue rules and general or special orders and, hold hearings, make findings and render orders upon its findings as shall be necessary to carry out the intent and purposes of this section."

On October 26, 2008, the US Department of Labor published 29 CFR 29 (Volume 29 of the Code of Federal Regulations, Part 29) in the Federal Register. 29 CFR 29 is a final rule designed to modernize the National Apprenticeship System. This rule, which took effect on December 29, 2008, provides State Apprenticeship Agencies with up to two additional years to implement the required changes in order to continue federal recognition of Wisconsin's apprenticeship program.

On May 12, 2010, the Governor signed 2009 Wisconsin Act 291, previously 2009 Senate Bill 586, which makes conforming changes to the Wisconsin Statutes which are designed to ensure that the U.S. Department of Labor will continue to recognize Wisconsin's program as in conformance. This proposed rule is intended to carry forward the intent of Act 291 and make similarly conforming changes to the administrative rules of the apprenticeship program.

The proposed amendments to DWD 295 implement the changes provided in 29 CFR Part 29 and include the following changes: three different approaches for apprentices to complete a program, allowance for technology based learning by defining electronic media and explicitly allowing its use in the provision of related instruction, sets the components of program standards and introduces completion rates as a critical factor in the evaluation of program quality, provides increased program quality and options for apprentice sponsors changes, introduces provisional registration which will increase quality and success rates by providing for newly registered programs to be reviewed and the end of the provisional registration and sets forth components which must be included in an Apprentice Contract.

This proposed rule has been developed by reviewing the new federal National Apprenticeship System standards and drafting amendments to the existing rules on apprenticeship to bring the state rules into conformance with the federal regulations.

As described above, federal law has been amended to create a National Apprenticeship System. State programs which meet the federal standards will be recognized as in conformance by the U.S. Department of Labor.

Minnesota has a state apprenticeship statute and is going through a process similar to Wisconsin to update its statutes and rules to be consistent with the federal regulations. Illinois, Michigan, and Iowa are “federal" apprentice registration states which follow the federal regulations in the absence of state statutes and rules.

The nature of the revisions to federal and state law and the proposed rule has been such that employers and employees will not be subject to any burdensome or costly changes.

The rule changes affect small businesses as defined in s. 227.114 (1), Stats., but do not have a significant economic impact on a substantial number of small businesses.

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