SENATE BILL NO. 242

INTRODUCED BY K. MILLER, J. STOVALL

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING ONLY ONE APPRENTICE TO WORK IN EACH SHOP THAT EMPLOYS A QUALIFIED MASTER ELECTRICIAN OR A QUALIFIED JOURNEYMAN ELECTRICIAN; PROVIDING REQUIREMENTS FOR EMPLOYMENT OF ADDITIONAL APPRENTICES; AMENDING SECTIONS 37-68-303, 37-68-311, AND 39-6-106, MCA; AND PROVIDING AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 37-68-303, MCA, is amended to read:

"37-68-303. Apprentice working under licensed journeymen or master electricians -- record of apprentices. (1) This chapter does not prohibit a person from working as an apprentice in the trade of electrician with journeymen or master electricians licensed under this chapter and under rules made by the board. The name and residence of each apprentice and the name and residence of the apprentice's employer must be filed with the department, and a record must be kept by the department showing the name and residence of each apprentice.

(2) Except as provided in subsection (3), only one apprentice may be employed in each shop that employs a qualified master electrician or a qualified journeyman electrician.

(3) For employment of each additional apprentice, there must be a minimum of two additional journeymen or master electricians, or a combination of the two, who are regularly employed.

(4) This section does not apply to an electrical training program conducted by an electrical trade school or a college or university."

Section 2. Section 37-68-311, MCA, is amended to read:

"37-68-311. Examination fee -- license fee -- specific exemption for apprentices. (1) Master electricians and journeyman or residential electricians installing or intending to install for hire electric wiring or equipment to convey electric current or apparatus to be operated by this current shall apply for a license to the department. The application must be on a form furnished by the department and must be accompanied by an examination fee set by the board. The forms must state the applicant's full name and address, the extent of work experience, and other information required by the board. If the applicant has complied with the rules adopted by the board and, being qualified, has successfully completed the examination, the applicant shall pay to the department a license fee set by the board for a master electrician's license or for a journeyman or a residential electrician's license, and upon receipt of the fee the department shall issue the proper license to the applicant.

(2) A person serving a 4-year electrician apprenticeship under the supervision of licensed journeymen or master electricians is exempt from the licensing provision of this section during training. Credit for the time spent in an electrical school must be given to a master electrician, journeyman electrician, residential electrician, or apprentice, up to a total of 2 years, on the 4-year requirement provided for in 37-68-304 and 37-68-305."

Section 3. Section 39-6-106, MCA, is amended to read:

"39-6-106. Contents of apprenticeship agreements -- credit for prior training or experience. (1) Apprenticeship agreements must contain:

(a) a statement of the trade or craft to be taught and the required hours for completion of apprenticeship, which must be not less than 2,000 hours of reasonably continuous employment;

(b) a statement of the processes in the trade or craft divisions in which the apprentice is to be taught and the approximate amount of time to be spent at each process;

(c) a statement of the number of hours to be spent by the apprentice in related and supplemental instruction, which is recommended to be 144 hours each year;

(d) a statement that the apprentice may be not less than 16 years of age;

(e) a statement of the progressively increasing scale of wages to be paid the apprentice;

(f) provision for a period of probation during which the department of labor and industry shall terminate an apprenticeship agreement at the request in writing of any party to the agreement. After the probationary period, the department may terminate the registration of an apprentice upon agreement of the parties.

(g) provision that the services of the department may be used for consultation regarding the settlement of differences arising out of the apprenticeship agreement when the differences cannot be adjusted locally or in accordance with the established trade procedure;

(h) provision that if an employer is unable to fulfill the employer's obligation under the apprenticeship agreement, the employer may transfer the obligation to another employer if the other employer has been approved as a training facility;

(i) subject to the provisions of 37-68-303, provision for the specification of the ratio of apprentices to journeymen. The department shall continue to honor and recognize ratio provisions as established in existing labor/management bargaining agreements or as established by an industry practice.

(j) additional standards as may be prescribed in accordance with this chapter.

(2) An apprentice who, prior to entering into an agreement, has had training or experience in the trade or craft in which the apprentice is employed as an apprentice may be granted full or partial credit for the training or experience on the recommendation of the employer or the joint apprenticeship committee and with the approval of the department."

NEW SECTION. Section 4. Applicability. [Section 3] applies to apprenticeship agreements entered into or renewed on or after [the effective date of this act].

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