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SENATE BILL NO. 242
INTRODUCED BY K. MILLER, J. STOVALL
A BILL FOR AN ACT ENTITLED: "AN ACT
PROHIBITING MORE THAN ONE AN APPRENTICE ELECTRICIAN
FROM SERVING UNDER A FEWER THAN TWO LICENSED JOURNEYMAN OR MASTER ELECTRICIAN
JOURNEYMEN OR MASTER ELECTRICIANS OR A COMBINATION; PROHIBITING A STATE AGENCY FROM
REQUIRING ALLOWING AN APPRENTICE TO SERVE UNDER MORE THAN ONE JOURNEYMAN OR MASTER
ELECTRICIAN FEWER THAN TWO JOURNEYMEN OR MASTER ELECTRICIANS OR A COMBINATION
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:
may work working under licensed journeyman or master electrician 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 an a journeyman or master electrician 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 his the apprentice's employer shall must be filed
with the department, and a record shall must be kept by the department showing the name and residence of
Journeymen or master electricians may not have more than one apprentice working under them in the
trade of electrician. A state agency may not require an apprentice to serve under more than one
journeyman or master electrician AN APPRENTICE MAY NOT WORK IN THE ELECTRICAL TRADE UNDER
FEWER THAN TWO JOURNEYMEN ELECTRICIANS, TWO MASTER ELECTRICIANS, OR A COMBINATION. A
STATE AGENCY MAY NOT ALLOW AN APPRENTICE TO WORK UNDER FEWER THAN TWO JOURNEYMEN
ELECTRICIANS, TWO MASTER ELECTRICIANS, OR A COMBINATION 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.
(3)(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
a licensed journeyman
or master electrician 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 the 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)
shall 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
per each year;
(d) a statement that
apprentices must 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
terminate an apprenticeship agreement at the request in writing of any party thereto 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
utilized used for consultation regarding the
settlement of differences arising out of the apprenticeship agreement where such 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
his the employer's obligation under the
apprenticeship agreement, he 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
will shall continue to honor and recognize ratio provisions as established in
existing labor/management bargaining agreements or as established by an industry practice.
such 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
he 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].
- END -
Latest Version of SB 242 (SB0242.03)
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