LRBs0170/1
RNK:wlj:rs
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 201
November 22, 2011 - Offered by Representative A. Ott.
AB201-ASA1,1,7
1An Act to renumber 280.13 (6);
to renumber and amend 280.15 (2m) (b) and
2280.15 (3g) (b);
to amend 280.13 (1) (a), 280.13 (2) (d), 280.15 (title), 280.15 (1)
3(a) (intro.), 280.15 (1) (am), 280.15 (1) (b), 280.15 (3r) (a), 280.15 (4), 280.98 (2),
4443.14 (12m) and 470.025 (9);
to repeal and recreate chapter 280 (title); and
5to create 280.01 (1m), 280.01 (2c), 280.13 (1) (cm) and 280.13 (6) (b) of the
6statutes;
relating to: regulation of persons engaged in the construction of heat
7exchange drillholes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB201-ASA1, s. 1
8Section
1. Chapter 280 (title) of the statutes is repealed and recreated to read:
AB201-ASA1,1,1110
Well drilling, pump installing,
11
and drillhole construction
AB201-ASA1,2,42
280.01
(1m) "Drillhole construction" means the industry and procedure
3employed in making heat exchange drillholes for the purpose of closed loop heat
4exchange.
AB201-ASA1,2,76
280.01
(2c) "Heat exchange drillhole" means an excavation or opening that is
7deeper than it is wide, that extends more than 25 feet below the ground surface.
AB201-ASA1,2,139
280.13
(1) (a) Employ a competent supervisor to supervise and inspect all well
10drilling
and, pump installing
, and drillhole construction operations and aid in the
11enforcement of all laws and rules governing the well drilling
and, pump installing
,
12and drillhole construction industries. The department may also employ assistants,
13prescribe their respective qualifications and salaries and assign their duties.
AB201-ASA1, s. 5
14Section
5. 280.13 (1) (cm) of the statutes is created to read:
AB201-ASA1,2,1815
280.13
(1) (cm) Inspect at reasonable hours heat exchange drillholes and
16equipment relating to the construction of heat exchange drillholes on private or
17public property and order necessary corrections and repairs relating to that
18construction.
AB201-ASA1, s. 6
19Section
6. 280.13 (2) (d) of the statutes is amended to read:
AB201-ASA1,2,2220
280.13
(2) (d) Been found guilty in any civil or criminal proceeding of any action
21constituting fraud in connection with the well driller's or pump installer's well
22drilling
or, drillhole construction, or pump installing operations.
AB201-ASA1, s. 7
23Section
7. 280.13 (6) of the statutes is renumbered 280.13 (6) (a).
AB201-ASA1, s. 8
24Section
8. 280.13 (6) (b) of the statutes is created to read:
AB201-ASA1,3,5
1280.13
(6) (b) No individual whose well driller's license has been revoked under
2this section may, during the period in which the revocation is effective, engage in any
3drillhole construction activity except under the direct supervision of a licensed well
4driller and as an employee of a licensed well driller or a registered well drilling
5business.
AB201-ASA1,3,8
7280.15 (title)
Well drilling and
, pump installing, and drillhole
8construction; registration; licensing; qualifications; fee.
AB201-ASA1, s. 10
9Section
10. 280.15 (1) (a) (intro.) of the statutes is amended to read:
AB201-ASA1,3,1510
280.15
(1) (a)
Registration requirement. (intro.) No person may engage in the
11business of well drilling or
pump installing drillhole construction in this state unless
12the person obtains registration under this paragraph as a well drilling business
or 13and no person may engage in the business of pump installing in this state unless the
14person obtains registration under this paragraph as a pump installing business,
15except as follows:
AB201-ASA1,3,2517
280.15
(1) (am)
Prerequisite. The department may not grant registration under
18par. (a) to a person to engage in the business of well drilling
or to engage in the
19business of drillhole construction unless the person is a licensed well driller, a
20licensed well driller has an ownership interest in the business, or the person employs
21or contracts with a licensed well driller. The department may not grant registration
22under par. (a) to a person to engage in the business of pump installing unless the
23person is a licensed pump installer, a licensed pump installer has an ownership
24interest in the business, or the person employs or contracts with a licensed pump
25installer.
AB201-ASA1,4,82
280.15
(1) (b)
Application. A person who seeks to register a well drilling
3business or pump installing business shall apply to the department for registration
4of each place of business or retail outlet he or she operates as a well drilling business,
5pump installing business,
or drillhole construction business or
both any combination
6of those businesses, upon forms prepared by the department for this purpose. The
7application shall be accompanied by a registration fee for each place of business or
8retail outlet included in the application.
AB201-ASA1, s. 13
9Section
13. 280.15 (2m) (b) of the statutes is renumbered 280.15 (2m) (b)
10(intro.) and amended to read:
AB201-ASA1,4,1211
280.15
(2m) (b)
Renewal. (intro.) In order to retain his or her license as a well
12driller or pump installer an individual shall
comply
do all of the following:
AB201-ASA1,4,17
131. Comply with requirements for continuing education promulgated by the
14department by rule
and shall apply. The continuing education requirements
15promulgated by the department under this subdivision shall require an individual
16who engages in drillhole construction to have training, as specified by the
17department, both in drilling wells and in drillhole construction.
AB201-ASA1,4,19
182. Apply for license renewal and pay the required license fees under par. (c)
19annually on or before January 1.
AB201-ASA1, s. 14
20Section
14. 280.15 (3g) (b) of the statutes is renumbered 280.15 (3g) (b) (intro.)
21and amended to read:
AB201-ASA1,4,2322
280.15
(3g) (b)
Renewal. (intro.) In order to retain registration as a drilling
23rig operator an individual shall
complete do all of the following:
AB201-ASA1,4,24
241. Complete training approved by the department
and comply.
AB201-ASA1,5,6
12. Comply with requirements for continuing education promulgated by the
2department by rule
and shall apply. The continuing education requirements
3promulgated by the department under this subdivision shall require an individual
4who operates a drilling rig with regard to drillhole construction to have training, as
5specified by the department, in drilling rig operation both with regard to drilling
6wells and with regard to drillhole construction.
AB201-ASA1,5,8
73. Apply for registration renewal and pay a fee of $25 annually on or before
8January 1.
AB201-ASA1,5,1410
280.15
(3r) (a)
Requirement. Except as provided in par. (b) and sub. (4), an
11individual who is not a licensed well driller or a registered drilling rig operator may
12only engage in well drilling
or drillhole construction only if the individual is under
13the supervision of a licensed well driller or a registered drilling rig operator who is
14on the site of the well drilling
or drillhole construction.
AB201-ASA1,5,2116
280.15
(4) Work on own real estate. No person is required to obtain a
17registration or license under this section for driving, digging or otherwise obtaining
18groundwater supply on real estate owned or leased by that person, but the well and
19the work done on the well shall comply with the law and the rules promulgated by
20the department.
No person is required to obtain a registration or license under this
21section for drillhole construction on real estate owned or leased by that person.
AB201-ASA1,6,223
280.98
(2) The department shall promulgate rules that specify violations of
24rules under this chapter relating to licensing; registration; disinfection, sampling,
1and reporting requirements; water systems that were installed before February 1,
21991; and well or
drill bore hole abandonment to which sub. (1) applies.
AB201-ASA1,6,74
443.14
(12m) A well driller who is licensed under s. 280.15 (2m), or an employee
5of a well drilling business that is registered under s. 280.15 (1), who is engaged in well
6drilling, as defined in s. 280.01 (8)
, or drillhole construction, as defined in s. 280.01
7(1m).
AB201-ASA1,6,129
470.025
(9) A well driller who is licensed under s. 280.15 (2m), or an employee
10of a well drilling business that is registered under s. 280.15 (1), who is engaged in well
11drilling, as defined in s. 280.01 (8)
, or drillhole construction, as defined in s. 280.01
12(1m).
AB201-ASA1,6,1514
(1)
This act takes effect on the first day of the 8th month beginning after
15publication.