AB877,9,20 15(3) The renewal dates for licenses issued under this subchapter are specified
16under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
17on a form provided by the department and shall include the renewal fee specified in
18s. 440.08 (2) (a) and evidence satisfactory to the department that the applicant has
19in effect public liability and property damage insurance in amounts specified in rules
20promulgated by the department.
AB877,9,24 21440.993 Display of license and license number. A person who is issued a
22license under this subchapter must conspicuously display the license at the person's
23principal place of business, affix the license number to all bids and contracts for
24roofing contracting services, display the license number on all vehicles used by

1person in performing roofing contracting services, and include the license number
2in all advertisements for roofing contracting services.
AB877,10,4 3440.994 Rule making. (1) The department shall promulgate rules for each
4of the following:
AB877,10,65 (a) Specifying the minimum amounts of public liability and property damage
6insurance that a person licensed under this subchapter is required to have in effect.
AB877,10,87 (b) Establishing a code of ethics governing the performance of roofing
8contracting services by persons licensed under this subchapter.
AB877,10,12 9(2) Before submitting any proposed rules relating to the regulation of roofing
10contracting services to the legislative council staff under s. 227.15, the department
11shall submit the proposed rules to the roofing advisory council for comment. The
12council shall have 30 days to submit comments on the proposed rules to the secretary.
AB877,10,15 13(3) When promulgating emergency rules under s. 227.24, the department shall
14provide a copy of the rules to the roofing advisory council prior to publication of the
15rules in the official state newspaper.
AB877,10,19 16(4) The chairperson of the roofing advisory council, or his or her designee from
17the council, may cochair with the secretary, or the secretary's designee, any public
18hearing held by the department on proposed rules relating to the regulation of
19roofing contracting services.
AB877,11,4 20(5) The department shall submit to the roofing advisory council a copy of the
21report required under s. 227.19 (2) on any proposed final rules relating to the
22regulation of roofing contracting services. The council may prepare a dissenting
23report stating its recommendations on the proposed final rules. Any dissenting
24report shall be prepared within 10 days from the date of receipt of the department's
25report, be attached to the department's report, and be sent to the presiding officer of

1each house of the legislature and distributed under s. 227.19 (2). The department
2shall cause a statement to appear in the Wisconsin Administrative Register to the
3effect that a dissenting report of the council has been submitted to the presiding
4officer of each house of the legislature.
AB877,11,8 5(6) The roofing advisory council may petition the department under s. 227.12
6for the adoption, amendment, or repeal of rules relating to the regulation of roofing
7contracting services. This subsection does not limit the rights of other persons to
8petition the department under s. 227.12.
AB877,11,11 9440.995 Public record exception. The department shall withhold from
10public inspection any financial information submitted by a person licensed under
11this subchapter.
AB877,11,15 12440.996 Disciplinary proceedings and actions. (1) Subject to the rules
13promulgated under s. 440.03 (1), the department may make investigations and
14conduct hearings to determine whether a violation of this subchapter or any rule
15promulgated under this subchapter has occurred.
AB877,11,18 16(2) Subject to the rules promulgated under s. 440.03 (1), the department may
17reprimand a licensee or deny, limit, suspend, or revoke a license issued under this
18subchapter if it finds that the applicant or licensee has done any of the following:
AB877,11,2019 (a) Made a material misstatement in an application for a license or for renewal
20of a license or in any information submitted to the department.
AB877,11,2321 (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the
22circumstances of which substantially relate to the performance of roofing contracting
23services.
AB877,11,2424 (c) Advertised in a manner that is false, deceptive, or misleading.
AB877,11,2525 (d) Advertised, practiced, or attempted to practice under another's name.
AB877,12,3
1(e) Subject to ss. 111.321, 111.322 and 111.34, performed roofing contracting
2services while his or her ability to practice was impaired by alcohol or other drugs
3or physical or mental disability or disease.
AB877,12,54 (f) Engaged in unprofessional or unethical conduct in violation of the code of
5ethics established in the rules promulgated under s. 440.994 (1) (b).
AB877,12,76 (g) Committed gross negligence or misconduct, or acted in a grossly
7incompetent manner, in performing roofing contracting services.
AB877,12,98 (h) Been disciplined in another jurisdiction on grounds that are substantially
9similar to grounds specified in this subsection.
AB877,12,1110 (i) Received compensation for roofing contracting services that were not
11performed.
AB877,12,1412 (j) Grossly and knowingly overcharged for roofing contracting services or filed
13false statements for obtaining compensation for roofing contracting services that
14were not performed.
AB877,12,1515 (k) Been adjudicated mentally incompetent by a court.
AB877,12,1816 (L) Violated this subchapter or any rule promulgated under this subchapter or
17aided another person in violating this subchapter or any rule promulgated under this
18subchapter.
AB877,13,8 19(3) The department may summarily suspend a license issued under this
20subchapter for a period not to exceed 30 days pending hearing if the department has
21in its possession evidence establishing probable cause to believe that the licensee has
22violated this subchapter or a rule promulgated under this subchapter and that it is
23necessary to suspend the license immediately to protect the public health, safety, or
24welfare. The licensee shall be granted an opportunity to be heard during the
25determination of whether or not probable cause exists. The department may

1designate any of its officers to exercise the authority granted by this subsection to
2suspend summarily a license, for a period not exceeding 72 hours. If a license has
3been summarily suspended by the department or any of its officers, the department
4may, while the hearing is in progress, extend the initial period of suspension for not
5more than an additional 30 days. If the licensee has caused a delay in the hearing
6process, the department may subsequently suspend the license from the time that
7the hearing is commenced until a final decision is issued or may delegate such
8authority to the hearing examiner.
AB877,13,13 9440.997 Injunctive relief. If the department has reason to believe that any
10person is violating this subchapter or any rule promulgated under this subchapter,
11the department, the attorney general, or the district attorney of the proper county
12may investigate and may, in addition to any other remedies, bring an action in the
13name and on behalf of this state to enjoin the person from the violation.
AB877,13,19 14440.998 Private cause of action. A person who is aggrieved by a violation
15of this subchapter or a rule promulgated under this subchapter may bring an action
16to enjoin further or continuing violations or to recover actual damages sustained as
17a result of a violation. In an action under this section, the court shall award costs
18and reasonable attorney fees, notwithstanding s. 814.04 (1), to a party who obtains
19injunctive relief or an award of damages.
AB877,13,23 20440.999 Penalties. (1) A person who violates this subchapter or a rule
21promulgated under this subchapter may be fined not more than $1,000 or imprisoned
22for not more than 9 months or both. Each day of violation constitutes a separate
23offense.
AB877,14,3
1(2) In addition to or in lieu of the penalties under sub. (1), the department may
2directly assess against a person who violates s. 440.991 (1) a forfeiture of not more
3than $5,000.
AB877, s. 16 4Section 16. 452.01 (3j) of the statutes is renumbered 440.01 (1) (ae).
AB877, s. 17 5Section 17. 452.01 (3k) of the statutes is renumbered 440.01 (1) (ag).
AB877, s. 18 6Section 18 . Nonstatutory provisions.
AB877,14,77 (1) Initial appointments to roofing advisory council.
AB877,14,118 (a) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act,
9the initial members of the roofing advisory council shall be appointed by the first day
10of the 3rd month beginning after the effective date of this paragraph for the following
11terms:
AB877,14,12 121. Two roofing contractor members, for terms expiring on July 1, 2005.
AB877,14,13 132. Two roofing contractor members, for terms expiring on July 1, 2006.
AB877,14,15 143. Two roofing contractor members and the public member, for terms expiring
15on July 1, 2007.
AB877,14,1916 (b) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act,
17the roofing contractor members appointed under paragraph (a) are not required to
18be licensed at the time of appointment but must have been engaged in performing
19roofing contracting services during the 5-year period before the appointment.
AB877,15,420 (2) Emergency rules. The department of regulation and licensing may use the
21procedure under section 227.24 of the statutes to promulgate rules required under
22sections 440.992 (1) (d) and (3) and 440.994 (1) (a) of the statutes, as created by this
23act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the rules may
24remain in effect until the date on which permanent rules take effect.
25Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department

1is not required to provide evidence that promulgating a rule under this subsection
2as an emergency rule is necessary for the preservation of public peace, health, safety,
3or welfare and is not required to provide a finding of emergency for a rule
4promulgated under this subsection.
AB877,15,105 (3) Contracts. If a person is affected by a contract that is in effect on the
6effective date of this subsection and that contains provisions that are inconsistent
7with section 440.991 (1) of the statutes, as created by this act, then, notwithstanding
8section 440.991 (1) of the statutes, as created by this act, the person may perform its
9obligations, and exercise its rights, under those provisions of the contract until the
10contract expires or is extended, modified, or renewed, whichever occurs first.
AB877, s. 19 11Section 19. Initial applicability.
AB877,15,1412 (1) State and municipal contracts. The treatment of sections 16.855 (14m) and
1366.0901 (2m) of the statutes first applies to contracts entered into on the effective
14date of this subsection.
AB877,15,1715 (2) Hospital, nursing home, and public building plans. The treatment of
16sections 50.02 (2) (b) 1., 50.36 (2) (a), and 101.12 (2m) of the statutes first applies to
17plans submitted on the effective date of this subsection.
AB877,15,2018 (3) Building permits; nursing home approvals. The treatment of sections
19101.65 (1s) and 150.29 (1) of the statutes first applies to applications submitted on
20the effective date of this subsection.
AB877, s. 20 21Section 20. Effective dates. This act takes effect on the first day of the 10th
22month beginning after publication, except as follows:
AB877,15,2323 (1) Section 18 (1 ) and (2) of this act takes effect on the day after publication.
AB877,15,2424 (End)
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