AB772: Bill Text

LRB-4906/1

MJL:kmg:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 772

February 5, 1998 - Introduced by Representative Baldwin, cosponsored by Senators Decker and Plache. Referred to Committee on Environment.

AB772,1,5 An Act to amend 20.143 (3) (j), 778.25 (1) (b), 778.25 (2) (intro.), 778.25 (2) (b) and 778.25 (3); and to create 101.576, 778.25 (1) (a) 7. and 778.25 (1) (c) of the statutes; relating to: creating a hazardous painting certificate program, granting rule-making authority, making an appropriation and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates a hazardous painting certificate program administered by the department of commerce (department). Under this bill, the department is required to promulgate rules that establish standards for hazardous painting (applying paint that contains hazardous substances) and for basic and supplemental hazardous painting certificate programs. The hazardous painting certificate programs must include instruction about and written and practical testing in hazardous painting. A person may apply for a certificate by completing a form provided by the department and including proof that he or she has completed a hazardous painting certificate program not more than 30 days before the department receives the application. An application for renewal must be accompanied by proof that the applicant has completed a supplemental hazardous painting certificate program not more than 30 days before the department receives the application. A certificate and a renewal of a certificate are valid for 3 years.

The bill provides that no person may employ or contract with a professional painter (a painting contractor, an employe of a painting contractor or a person who engages in hazardous painting while repairing the body of a motor vehicle for compensation) unless the professional painter holds a valid hazardous painting certificate and that no professional painter may receive compensation for hazardous painting unless he or she holds a valid certificate and provides proof that he or she has completed the basic hazardous painting certificate program. In addition, no professional painter may provide a falsified hazardous painting certificate to an employer or make a false statement to an employer regarding that painter's certification. The department is required to inspect work sites to ensure compliance with the rules governing hazardous painting and the provisions of this bill. A person who violates the rules or the bill's provisions is subject to a forfeiture of not more than $200 for an initial violation and not more than $1,000 for a subsequent violation. The bill also allows the department to issue citations to recover forfeitures under the bill. The issuance of citations to recover forfeitures is similar to the issuance of traffic citations or tickets for traffic violations.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB772, s. 1 Section 1. 20.143 (3) (j) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB772,2,7 20.143 (3) (j) Safety and building operations. The amounts in the schedule for the purposes of subchs. I, II, III, IV and VI of ch. 101, chs. 145 and 168 and ss. 236.12 (2) (a), 236.13 (1) (d) and (2m) and 236.335. All moneys received under ch. 145 and ss. 101.177 (4) (a) 4., 101.178, 101.19, 101.576 (3) (b), 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.973 (7) and 236.12 (7) shall be credited to this appropriation.

AB772, s. 2 Section 2. 101.576 of the statutes is created to read:

AB772,2,10 101.576 Hazardous painting certificate program. (1) Definitions. In this section:

AB772,3,2 (a) "Hazardous painting" means the application of a substance containing or combined with a hazardous substance in vaporized, liquid or particulate form to create a coating that will adhere to a surface to protect or preserve the surface, except that "hazardous painting" does not include the application of water-based paint that does not contain emulsion epoxies or isocyanates.

AB772,3,8 (b) 1. Except as provided in subd. 2., "hazardous substance" means a chemical listed under 29 CFR 1910, subpart Z; a chemical listed in the latest edition of Threshold Limits Values for Chemical Substances and Physical Agents in the Work Environment, published by the American Conference of Governmental Industrial Hygienists; or a chemical whose hazards must be communicated to employers and employes under 29 CFR 1910.1200.

AB772,3,12 2. "Hazardous substance" does not include a substance that does not pose any acute or chronic health hazard upon exposure because of its physical state, volume or concentration or a consumer product packaged for distribution to and use by the general public.

AB772,3,16 (c) "Professional painter" means a painting contractor, an employe of a painting contractor or a person who engages in hazardous painting while repairing the body of a motor vehicle, as defined in s. 340.01 (35), for compensation. "Professional painter" does not include an artist.

AB772,3,20 (2) Requirements of hazardous painting programs. The department shall promulgate rules that establish standards for hazardous painting and for basic and supplemental hazardous painting programs. The rules shall require all of the following:

AB772,3,24 (a) That a basic hazardous painting certificate program include instruction and written and practical testing in methods of ventilation, respirator selection, chemical reaction to body tissue, proper use of painting tools and knowledge of relevant health and safety laws and rules, as determined by the department.

AB772,4,5 (b) That a supplemental hazardous painting certificate program include instruction and written and practical testing necessary to ensure that a person who completes the program is knowledgeable about developments and changes related to hazardous painting that have occurred since the person completed a basic hazardous painting certificate program.

AB772,4,14 (3) Certificate. (a) A professional painter may not receive compensation for hazardous painting unless he or she holds a valid, hazardous painting certificate issued by the department. A person may apply for a hazardous painting certificate on a form prescribed by the department. An applicant for an initial issuance of a certificate shall include proof that he or she completed a basic hazardous painting certificate program not more than 30 days before the department receives the application. An applicant for renewal of a certificate shall include proof that he or she completed an approved supplemental hazardous painting certificate program not more than 30 days before the department receives the application.

AB772,4,17 (b) The department may prescribe by rule a reasonable fee to defray the department's costs under this section. A certificate and a renewal of a certificate are valid for 3 years.

AB772,4,23 (4) Prohibitions. A person may not employ or contract with a professional painter to perform hazardous painting unless the professional painter holds a valid hazardous painting certificate. A professional painter may not provide a falsified hazardous painting certificate or make a false statement regarding the professional painter's certification to an employer or to a person who contracts with the professional painter.

AB772,5,2 (5) Defenses. It is a defense to a violation of sub. (4) by an employer or a person who contracts with a professional painter if the employer or that person produces a copy of the professional painter's certificate and the employer or that person reasonably believed that the certificate was not falsified.

AB772,5,6 (6) Enforcement; penalties. (a) The department shall inspect work sites to ensure compliance with this section and the rules promulgated under sub. (2). The department may recover a forfeiture for a violation of this section or the rules promulgated under sub. (2) by use of the citation procedure under s. 778.25.

AB772,5,9 (b) A person who violates this section or the rules promulgated under sub. (2) may be required to forfeit not more than $200 for a first violation and not more than $1,000 for each subsequent violation.

AB772, s. 3 Section 3. 778.25 (1) (a) 7. of the statutes is created to read:

AB772,5,11 778.25 (1) (a) 7. Under s. 101.576 (6) (b).

AB772, s. 4 Section 4. 778.25 (1) (b) of the statutes is amended to read:

AB772,5,15 778.25 (1) (b) The citation form provided by this section may serve as the initial pleading for the action and, except as provided in par. (c), is adequate process to give a court jurisdiction over the person if the citation is filed with the court.

AB772, s. 5 Section 5. 778.25 (1) (c) of the statutes is created to read:

AB772,5,18 778.25 (1) (c) If served as provided under s. 801.11, the citation form issued under par. (a) 7. is adequate process to give a court jurisdiction over the person.

AB772, s. 6 Section 6. 778.25 (2) (intro.) of the statutes is amended to read:

AB772,5,22 778.25 (2) (intro.) A citation under this section shall be signed by the issuing agent or officer or by an officer who has authority to make arrests for the violation and shall contain substantially the following information:

AB772, s. 7 Section 7. 778.25 (2) (b) of the statutes is amended to read:

AB772,5,24 778.25 (2) (b) The name and department of the issuing agent or officer.

AB772, s. 8 Section 8. 778.25 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB772,6,13 778.25 (3) If a person is issued a citation under this section the person may deposit the amount of money the issuing agent or officer directs by mailing or delivering the deposit and a copy of the citation to the clerk of court of the county where the violation occurred or the sheriff's office or police headquarters of the agent or officer who issued the citation prior to the court appearance date. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule the deposit shall include costs, including any applicable fees prescribed in ch. 814, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment.

AB772, s. 9 Section 9. Effective date.

AB772,6,16 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB772,6,17 (End)