AB797,6,2
14. One representative of the department of public instruction, appointed by the
2state superintendent of public instruction.
AB797,6,43 5. Two members who represent the public interest, appointed by the secretary
4of workforce development.
AB797,6,75 6. One permanent classified employee of the department of workforce
6development, appointed by the secretary of workforce development, who shall serve
7as nonvoting chairperson.
AB797,6,98 (b) All members of the Wisconsin apprenticeship council shall be persons who
9are familiar with apprenticeable occupations.
AB797, s. 5 10Section 5. 101.136 (4) (a) of the statutes, as created by 2009 Wisconsin Act 16,
11is amended to read:
AB797,6,1712 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.
AB797, s. 6 18Section 6. 101.136 (6) (a) 1. of the statutes, as created by 2009 Wisconsin Act
1916
, is amended to read:
AB797,6,2520 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.
AB797, s. 7
1Section 7. 101.136 (6) (c) 2. of the statutes, as created by 2009 Wisconsin Act
216
, is amended to read:
AB797,7,63 101.136 (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.
AB797, s. 8 7Section 8. 103.70 (1) of the statutes is amended to read:
AB797,7,188 103.70 (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.
AB797, s. 9 19Section 9. 104.08 (2m) of the statutes is amended to read:
AB797,7,2220 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.
AB797, s. 10 23Section 10. 106.001 (1) of the statutes is amended to read:
AB797,8,3
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
.
AB797, s. 11 4Section 11. 106.001 (2) of the statutes is amended to read:
AB797,8,105 106.001 (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.
AB797, s. 12 11Section 12. 106.001 (2m) of the statutes is created to read:
AB797,8,1412 106.001 (2m) "Apprenticeship committee" means a joint apprenticeship
13committee or a nonjoint apprenticeship committee designated by a sponsor to
14administer an apprenticeship program.
AB797, s. 13 15Section 13. 106.001 (3) of the statutes is renumbered 106.001 (8) and amended
16to read:
AB797,8,2017 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
.
AB797, s. 14 21Section 14. 106.001 (4) of the statutes is created to read:
AB797,9,222 106.001 (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.
AB797, s. 15 3Section 15. 106.001 (5) of the statutes is created to read:
AB797,9,54 106.001 (5) "Employer" means any person employing an apprentice, whether
5or not the person is a party to an apprentice contract with the apprentice.
AB797, s. 16 6Section 16. 106.001 (6) of the statutes is created to read:
AB797,9,97 106.001 (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.
AB797, s. 17 10Section 17. 106.001 (7) of the statutes is created to read:
AB797,9,1311 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.
AB797, s. 18 14Section 18. 106.01 (title) of the statutes is repealed and recreated to read:
AB797,9,15 15106.01 (title) Apprentice contracts.
AB797, s. 19 16Section 19. 106.01 (2) of the statutes is repealed.
AB797, s. 20 17Section 20. 106.01 (3) of the statutes is renumbered 106.01 (1) and amended
18to read:
AB797,9,2519 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).
AB797, s. 21 8Section 21. 106.01 (4) of the statutes is repealed.
AB797, s. 22 9Section 22. 106.01 (5) (intro.) of the statutes is repealed.
AB797, s. 23 10Section 23. 106.01 (5) (a) of the statutes is repealed.
AB797, s. 24 11Section 24. 106.01 (5) (b) of the statutes is repealed.
AB797, s. 25 12Section 25. 106.01 (5) (c) of the statutes is repealed.
AB797, s. 26 13Section 26. 106.01 (5) (d) of the statutes is renumbered 106.01 (6) (b) and
14amended to read:
AB797,11,215 106.01 (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).
AB797, s. 27 3Section 27. 106.01 (5) (e) of the statutes is repealed.
AB797, s. 28 4Section 28. 106.01 (5) (f) of the statutes is repealed.
AB797, s. 29 5Section 29. 106.01 (5) (g) of the statutes is repealed.
AB797, s. 30 6Section 30. 106.01 (5i) (a) of the statutes is repealed.
AB797, s. 31 7Section 31. 106.01 (5i) (am) 1. of the statutes is renumbered 106.01 (5m) (a)
8and amended to read:
AB797,11,169 106.01 (5m) (a) Upon entering into an indenture, an organization apprentice
10contract, a sponsor that is not the proposed employer of the apprentice, or an
11apprenticeship committee that is acting as the agent of a sponsor,
shall, with the
12written consent of the other parties to the indenture, and the written acceptance of
13the indenture
acceptance of the apprentice contract by the proposed employer, assign
14the indenture apprentice contract to the proposed employer, and the proposed
15employer and the apprentice named in the indenture assignment shall be bound by
16the terms of the indenture apprentice contract.
AB797, s. 32 17Section 32. 106.01 (5i) (am) 2. of the statutes is renumbered 106.01 (5m) (b)
18and amended to read:
AB797,12,619 106.01 (5m) (b) The consent and department shall furnish a copy of an
20acceptance described in subd. 1. shall be executed in triplicate. One of the triplicate
21original consents and acceptances shall be delivered to the department, one to the
22employer and one to the apprentice, and in each case shall be attached to the proper
23indenture. The approval of the department is required in each transaction. An
24organization
par. (a) to each party that has signed the apprentice contract. A sponsor
25or apprenticeship committee
that enters into an indenture under par. (a) apprentice

1contract
shall have the exclusive right to assign or reassign the indenture apprentice
2contract to another sponsor
, and the apprentice shall not be permitted to enter into
3any other indenture apprentice contract. The period transpiring before assignment
4to an employer or reassignment to another employer shall not be credited toward the
5period term of apprenticeship. The approval of the department is required in each
6transaction.
AB797, s. 33 7Section 33. 106.01 (5i) (b) of the statutes is repealed.
AB797, s. 34 8Section 34. 106.01 (5i) (c) of the statutes is renumbered 106.01 (5m) (c) and
9amended to read:
AB797,12,2410 106.01 (5m) (c) Any employer that has entered into an indenture may, with the
11written consent, executed in triplicate, of the other parties to the indenture and the
12approval of the department, assign the indenture to another employer whose written
13acceptance shall be executed upon the instrument of consent. One of the triplicate
14original consents and acceptances shall be delivered to the apprentice, one to the
15assignee employer and one to the department, and shall in each case be attached to
16the indenture in each party's possession. After assignment, the assignee
A sponsor
17or apprenticeship committee that enters into an apprentice contract may reassign
18the apprentice contract to a different employer, but the apprentice shall not be bound
19by a reassignment unless that employer accepts the terms of the apprentice contract
20and agrees to perform the unperformed obligations of the apprentice contract. After
21a reassignment, the new
employer shall perform the unperformed obligations of the
22indenture apprentice contract. The department shall continue to have jurisdiction
23over an indenture assigned apprentice contract reassigned under this paragraph
24and the parties bound after the assignment reassignment.
AB797, s. 35
1Section 35. 106.01 (5j) of the statutes is renumbered 106.01 (5p) and amended
2to read:
AB797,13,133 106.01 (5p) Termination of apprentice contract. The department may, on its
4own motion, or on the complaint of any person, and after due notice, investigation,
5and, if requested by the apprentice, employer, or sponsor, a hearing, under sub. (9),
6may
make findings and issue orders declaring any indenture at an end an order
7terminating an apprentice contract
if it is proved at the hearing that any apprentice,
8employer, or organization sponsor that is a party to the indenture apprentice
9contract
is unable to continue with the obligations under the indenture apprentice
10contract
or has breached the indenture apprentice contract. Upon the termination
11of the indenture apprentice contract, the released apprentice shall be free to may
12enter into a new indenture apprentice contract under any terms and conditions
13approved by the department that are not inconsistent consistent with this section.
AB797, s. 36 14Section 36. 106.01 (5k) of the statutes is repealed.
AB797, s. 37 15Section 37. 106.01 (5m) (title) of the statutes is created to read:
AB797,13,1616 106.01 (5m) (title) Assignment of apprentice contract.
AB797, s. 38 17Section 38. 106.01 (6) (title) of the statutes is created to read:
AB797,13,1818 106.01 (6) (title) Related instruction.
AB797, s. 39 19Section 39. 106.01 (6) of the statutes is renumbered 106.01 (6) (a) and
20amended to read:
AB797,14,221 106.01 (6) (a) An employer shall pay an apprentice for the time an that the
22apprentice is receiving related instruction for no fewer hours than specified in sub.
23(5) (d) at the same rate per hour as for services
as provided in this paragraph. An
24employer shall pay an apprentice for not less than the number of hours of related
25instruction specified in par. (b) or the number of hours of related instruction specified

1in the apprentice contract, whichever is greater, at the same rate per hour as the
2employer pays the apprentice for services performed
.
AB797,14,7 3(c) This subsection does not prohibit an agreement between the parties
4requiring the apprentice to take additional instruction on the apprentice's own time
5in excess of the number of hours required by statute. Attendance at school shall be
6certified by the teacher in charge
under par. (b) or the apprentice contract, whichever
7is greater
.
AB797, s. 40 8Section 40. 106.01 (6) (d) of the statutes is created to read:
AB797,14,119 106.01 (6) (d) The provider of related instruction to an apprentice shall submit
10reports on the grades and attendance of the apprentice to the department and the
11sponsor in accordance with standards set by the department.
AB797, s. 41 12Section 41. 106.01 (7) of the statutes is amended to read:
AB797,14,1813 106.01 (7) Overtime. An apprentice may be allowed to work overtime. All time
14in excess of the hours of labor as limited to that are paid at an employee's regular rate
15of pay in
the particular craft, industry, or business and as to by the particular
16employer, shall be considered overtime. For overtime the An apprentice's rate of pay
17for overtime shall be increased by the same percentage as the journeyman's journey
18worker's,
rate of pay for overtime is increased in the same industry or establishment.
AB797, s. 42 19Section 42. 106.01 (8) of the statutes is amended to read:
AB797,15,320 106.01 (8) Nonperformance of apprentice contract. If either party to an
21indenture
the apprentice or sponsor that is a party to an apprentice contract or an
22assignee employer
fails to perform any of the stipulations of the indenture apprentice
23contract
, the nonperforming party shall apprentice, sponsor, or assignee employer
24may be required to
forfeit not less than one dollar $100 nor more than $100 $1,000,
25which is to be collected on complaint of the department, and paid into the state

1treasury. Any indenture may be annulled by In addition, the department may
2terminate an apprentice contract under sub. (5p)
upon application of either any party
3and for good cause shown.
AB797, s. 43 4Section 43. 106.01 (9) of the statutes is amended to read:
AB797,15,125 106.01 (9) Authority of department. The department may investigate, fix
6reasonable classifications, issue rules and general or special orders , and, hold
7hearings, make findings, and render orders upon its findings as shall be necessary
8to carry out the intent and purposes of this section. The investigations,
9classifications, hearings, findings, and orders shall be made as provided in s.
10103.005. Except as provided in sub. (8), the penalties specified in s. 103.005 (12)
11apply to violations of this section. Orders issued under this subsection are subject
12to review under ch. 227.
AB797, s. 44 13Section 44. 106.01 (10) of the statutes is renumbered 106.01 (6) (e) and
14amended to read:
AB797,15,1915 106.01 (6) (e) It shall be the duty of all All school officers and public school
16teachers to shall cooperate with the department and employers and sponsors of
17apprentices to furnish, in a public school or any school supported in whole or in part
18by public moneys, any related instruction that may be required to be given
19apprentices.
AB797, s. 45 20Section 45. 106.01 (11) of the statutes is created to read:
AB797,15,2221 106.01 (11) Rules. The department shall promulgate rules to implement this
22section, including rules providing for all of the following:
AB797,15,2323 (a) The provisions that are required to be included in an apprentice contract.
AB797,15,2524 (b) Procedures for approving and for rescinding approval of apprenticeship
25programs.
AB797, s. 46
1Section 46. 106.02 of the statutes is amended to read:
AB797,16,8 2106.02 Carpenters' apprentices. Every person, regardless of age,
3commencing a carpentry apprenticeship, shall enter into an indenture apprentice
4contract
under and be subject to s. 106.01, except that if the apprentice is 18 years
5or more of age or over only the apprentice's signature only shall be necessary to bind
6the apprentice. A carpentry apprenticeship shall be for a period term of 4 years,
7except that the department may upon the application of the apprentice or the
8employer, or both, extend that term for up to one additional year.
AB797, s. 47 9Section 47. 106.025 (2) of the statutes is amended to read:
AB797,16,1310 106.025 (2) Every person commencing a plumbing apprenticeship shall enter
11into an indenture apprentice contract under s. 106.01. The term of a plumbing
12apprentice is 5 years, but the department may upon application of the apprentice,
13the apprentice's employer, or both, extend the term for up to one additional year.
AB797, s. 48 14Section 48. 106.03 of the statutes is amended to read:
AB797,16,16 15106.03 Real estate apprenticeships excluded. This chapter shall
16subchapter does not apply to apprenticeships under ch. 452.
AB797, s. 49 17Section 49. 106.13 (3) of the statutes is amended to read:
AB797,16,2218 106.13 (3) The youth apprenticeship program under sub. (1) shall not affect any
19apprenticeship program that is governed by ss. 106.01 to 106.03 subch. I, except that
20an apprenticeship program that is governed by ch. 106 subch. I may grant credit
21toward the completion of an apprenticeship for the successful completion of a youth
22apprenticeship under sub. (1).
AB797, s. 50 23Section 50. 145.01 (3) of the statutes is amended to read:
AB797,17,424 145.01 (3) Automatic fire sprinkler system apprentice. "Automatic fire
25sprinkler system apprentice" means any person other than an automatic fire

1sprinkler system contractor or a journeyman automatic fire sprinkler system fitter
2who is engaged in learning and assisting in the installation of automatic fire
3sprinkler systems and who is indentured under ch. 106 employed under an
4apprentice contract under s. 106.01
.
AB797, s. 51 5Section 51. 145.07 (7) (a) of the statutes is amended to read:
AB797,17,96 145.07 (7) (a) A person shall be registered as a registered learner with the
7department without examination or training prequalifications and shall not be
8required to be indentured under ch. 106 employed under an apprentice contract
9under s. 106.01
.
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