Analysis by the Legislative Reference Bureau
Under this bill, with certain exceptions, a person may not perform roofing
contracting services, or use the title "roofing contractor" or a similar title, unless the
department of regulation and licensing (DRL) has issued a license to the person.
"Roofing contracting services" are defined as the construction, reconstruction,
alteration, maintenance, or repair of roofs, except for roofs of farm buildings. In
addition, "roofing contracting services" are defined not to include the installation of
plastics, glass, or fiberglass to greenhouses or other horticultural structures. The
following persons are exempt from the licensure requirement: 1) a seller of roofing
materials; 2) a person who provides roofing contracting services, if the services are

not performed by the person or the person's employees; 3) a person who performs
roofing contracting services without compensation; and 4) an employee of an
employer who is licensed.
An applicant for a license must satisfy certain requirements, including passing
an examination approved by DRL that tests competency to perform roofing
contracting services. The examination must also test knowledge of lien laws and
safety requirements. An applicant must also submit evidence to DRL that the
applicant has in effect public liability and property damage insurance in amounts
specified in rules promulgated by DRL. Also, an applicant must submit evidence that
the applicant either has worker's compensation insurance or is exempt from the
requirement to have insurance by the department of workforce development. In
addition, an applicant must file a $5,000 bond with DRL.
DRL must assign a unique license number to each license that it issues. A
licensee must conspicuously display the license at the licensee's principal place of
business, and must affix the license number to all bids and contracts, display the
license number on all vehicles used for performing roofing contracting services, and
include the license number in all advertisements. A licensee must also renew the
license every two years.
The bill allows DRL to take disciplinary action, including revoking or
suspending a license, against a person who violates the bill's requirements, including
engaging in unprofessional or unethical conduct in violation of a code of ethics
established in rules promulgated by DRL. Other grounds for discipline include
advertising in a false, deceptive, or misleading manner, committing gross negligence
or misconduct, receiving compensation for roofing contracting services that were not
performed, and grossly and knowingly overcharging for roofing contracting services.
The bill also allows DRL to summarily suspend a license for up to 30 days if DRL has
probable cause to believe that a violation of the bill's requirements has occurred and
the suspension is necessary to protect the public health, safety, or welfare. A person
who violates the bill's requirements may be fined not more than $1,000, imprisoned
for not more than nine months, or both. In addition, DRL may directly assess a
forfeiture of not more than $5,000 against an unlicensed person who performs
roofing contracting services or uses a prohibited title.
The bill also creates a roofing advisory council consisting of six licensees and
one public member. DRL must obtain comments from the council when DRL
promulgates rules under the bill. In addition, the council is allowed to petition DRL
for the adoption, amendment, or repeal of rules relating to the regulation of roofing
contracting services.
Finally, the bill also does all of the following:
1. Allows a person who is aggrieved by a violation of the bill's requirements to
bring an action to enjoin the violation or to recover actual damages sustained as a
result of the violation.
2. Prohibits the department of administration and municipalities from
entering into contracts for roofing contracting services unless the contract provides
that the services will be performed by a licensee or a person exempt from licensure.

3. Prohibits the construction of hospitals, nursing homes, and public buildings
that are subject to plan review by the department of health and family services or
the department of commerce unless the applicant submits satisfactory evidence that
any roofing contracting services will be performed by a licensee or a person exempt
from licensure.
4. Prohibits cities, villages, towns, and counties from issuing building permits
unless the applicant provides satisfactory evidence that any roofing contracting
services will be performed by a licensee or a person exempt from licensure.
For further information see the state and local 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:
AB877, s. 1 1Section 1. 13.48 (19) of the statutes, as affected by 2001 Wisconsin Act 16, is
2amended to read:
AB877,3,133 13.48 (19) Alternatives to state construction. Whenever the building
4commission determines that the use of innovative types of design and construction
5processes will make better use of the resources and technology available in the
6building industry, the building commission may waive any or all of s. 16.855, except
7s. 16.855 (14m),
if such action is in the best interest of the state and if the waiver is
8accomplished through formal action of the building commission. The building
9commission may authorize the lease, lease purchase or acquisition of such facilities
10constructed in the manner authorized by the building commission. Subject to the
11requirements of s. 20.924 (1) (i), the building commission may also authorize the
12lease, lease purchase or acquisition of existing facilities in lieu of state construction
13of any project enumerated in the authorized state building program.
AB877, s. 2 14Section 2. 15.407 (7) of the statutes is created to read:
AB877,4,215 15.407 (7) Roofing advisory council. (a) There is created a roofing advisory
16council in the department of regulation and licensing and serving the department in

1an advisory capacity. The council shall consist of the following members appointed
2for 4-year terms:
AB877,4,33 1. Six persons licensed under subch. XII of ch. 440.
AB877,4,44 2. One public member.
AB877,4,65 (b) The members appointed under par. (a) 1. shall be appointed to provide
6geographic diversity to the council.
AB877, s. 3 7Section 3. 16.854 (3) of the statutes is amended to read:
AB877,4,138 16.854 (3) It shall be a goal of the department, with regard to each of the
9contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar
10value of such contracts to minority businesses and at least 5% of the dollar value of
11such contracts to women's businesses. Sections 16.85, and 16.855, except s. 16.855
12(14m),
and s. 16.87 do not apply to services provided or contracted by the department
13under this section.
AB877, s. 4 14Section 4. 16.855 (14m) of the statutes is created to read:
AB877,4,1815 16.855 (14m) The department may not enter into any contract for roofing
16contracting services, as defined in s. 440.99 (1), unless the contract provides that
17those services will be provided by a person who is licensed under subch. XII of ch. 440
18or is exempt from licensure under that subchapter.
AB877, s. 5 19Section 5. 23.41 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is
20amended to read:
AB877,5,921 23.41 (5) Each contract for construction work entered into by the department
22under this section shall be awarded on the basis of bids or competitive sealed
23proposals in accordance with procedures established by the department. Each
24contract for construction work shall be awarded to the lowest responsible bidder or
25the person submitting the most advantageous competitive sealed proposal as

1determined by the department. If the bid of the lowest responsible bidder or the
2proposal of the person submitting the most advantageous competitive sealed
3proposal is determined by the department to be in excess of the estimated reasonable
4value of the work or not in the public interest, the department may reject all bids or
5competitive sealed proposals. Every such contract is exempted from ss. 16.70 to
616.75, 16.755, 16.76, 16.767 to 16.82, and 16.855, except s. 16.855 (14m), and from
7ss.
16.87 and 16.89, but ss. 16.528, 16.754 and 16.765 apply to the contract. Every
8such contract involving an expenditure of more than $60,000 is not valid until the
9contract is approved by the governor.
AB877, s. 6 10Section 6. 50.02 (2) (b) 1. of the statutes is amended to read:
AB877,5,1911 50.02 (2) (b) 1. The department shall conduct plan reviews of all capital
12construction and remodeling of nursing homes to ensure that the plans comply with
13building code requirements under ch. 101 and with life safety code and physical plant
14requirements under s. 49.498, this chapter or under rules promulgated under this
15chapter. If the plans involve the performance of roofing contracting services, as
16defined in s. 440.99 (1), construction or remodeling may not commence unless the
17applicant submits with the plans evidence satisfactory to the department that those
18services will be performed by a person who is licensed under subch. XII of ch. 440 or
19is exempt from licensure under that subchapter.
AB877, s. 7 20Section 7. 50.36 (2) (a) of the statutes is amended to read:
AB877,6,421 50.36 (2) (a) The department shall conduct plan reviews of all capital
22construction and remodeling projects of hospitals to ensure that the plans comply
23with building code requirements under ch. 101 and with physical plant requirements
24under this chapter or under rules promulgated under this chapter. If the plans
25involve the performance of roofing contracting services, as defined in s. 440.99 (1),

1construction or remodeling may not commence unless the applicant submits with the
2plans evidence satisfactory to the department that those services will be performed
3by a person who is licensed under subch. XII of ch. 440 or is exempt from licensure
4under that subchapter.
AB877, s. 8 5Section 8. 66.0901 (2m) of the statutes is created to read:
AB877,6,106 66.0901 (2m) Roofing contracting services. A municipality may not enter
7into a public contract for roofing contracting services, as defined in s. 440.99 (1),
8unless the contract provides that those services will be performed by a person who
9is licensed under subch. XII of ch. 440 or is exempt from licensure under that
10subchapter.
AB877, s. 9 11Section 9. 101.12 (2m) of the statutes is created to read:
AB877,6,1612 101.12 (2m) If the plans specified in sub. (2) involve the performance of roofing
13contracting services, as defined in s. 440.99 (1), construction may not commence
14unless the designer or owner submits with the plans evidence satisfactory to the
15department that those services will be performed by a person who is licensed under
16subch. XII of ch. 440 or is exempt from licensure under that subchapter.
AB877, s. 10 17Section 10. 101.65 (1s) of the statutes is created to read:
AB877,6,2118 101.65 (1s) May not issue a building permit unless the applicant provides
19evidence satisfactory to the city, village, town, or county that all roofing contracting
20services, as defined in s. 440.99 (1), will be performed by a person who is licensed
21under subch. XII of ch. 440 or is exempt from licensure under that subchapter.
AB877, s. 11 22Section 11. 150.29 (1) of the statutes is amended to read:
AB877,7,423 150.29 (1) No person may enter into an obligation for a project described in s.
24150.21 or engage in activities described in that section without the department's
25prior approval. If the project involves the performance of roofing contracting

1services, as defined in s. 440.99 (1), the department may not approve the project
2unless the applicant submits evidence satisfactory to the department that those
3services will be performed by a person who is licensed under subch. XII of ch. 440 or
4is exempt from licensure under that subchapter.
AB877, s. 12 5Section 12. 231.20 of the statutes is amended to read:
AB877,7,15 6231.20 Waiver of construction and bidding requirements. In exercising
7its powers under s. 101.12, the department of commerce or any city, village, town or
8county may, within its discretion for proper cause shown, waive any particular
9requirements relating to public buildings, structures, grounds, works and
10improvements imposed by law upon projects under this chapter; the requirements
11of s. ss. 101.12 (2m) and 101.13 may not be waived, however. If, however, the
12prospective lessee so requests in writing, the authority shall, through the
13participating health institution, participating educational institution or
14participating child care provider as its agent, call for construction bids in such
15manner as is determined by the authority with the approval of the lessee.
AB877, s. 13 16Section 13. 440.01 (1) (a) of the statutes is renumbered 440.01 (1) (aj).
AB877, s. 14 17Section 14. 440.08 (2) (a) 68b. of the statutes is created to read:
AB877,7,1918 440.08 (2) (a) 68b. Roofing contractor: January 1 of each even-numbered year;
19$53.
AB877, s. 15 20Section 15. Subchapter XII of chapter 440 [precedes 440.99] of the statutes
21is created to read:
AB877,7,2222 CHAPTER 440
AB877,7,2423 Subchapter XII
24 roofing contractors
AB877,7,25 25440.99 Definitions. In this subchapter:
AB877,8,4
1(1) "Roofing contracting services" means the construction, reconstruction,
2alteration, maintenance, or repair of roofs, except for roofs of farm buildings.
3"Roofing contracting services" do not include the installation of plastics, glass, or
4fiberglass to greenhouses and other horticultural structures.
AB877,8,6 5(2) "Roofing contractor" means a person who performs roofing contracting
6services.
AB877,8,10 7440.991 License required. (1) Except as provided in sub. (2), no person may
8perform roofing contracting services or use the title "roofing contractor" or any other
9title or description that represents that the person is a roofing contractor unless the
10person is licensed under this subchapter.
AB877,8,11 11(2) This subchapter does not require a license for any of the following:
AB877,8,1212 (a) A person who sells roofing materials.
AB877,8,1413 (b) A person who provides roofing contracting services if the services are not
14performed by the person or the person's employees.
AB877,8,1515 (c) A person who performs roofing contracting services without compensation.
AB877,8,1716 (d) An employee who performs roofing contracting services for an employer who
17is licensed under this subchapter.
AB877,8,19 18440.992 Licensure requirements; renewal. (1) The department shall issue
19a license under this subchapter to a person who does all of the following:
AB877,8,2120 (a) Submits an application for the license to the department on a form provided
21by the department.
AB877,8,2222 (b) Pays the fee specified in s. 440.05 (1).
AB877,9,223 (c) If the person is a business entity, submits a statement to the department
24that the person is legally qualified to act on behalf of the business entity and
25identifies to the department the business representatives of the business entity and

1the business representatives who are responsible for supervising roofing contracting
2services performed by the business entity.
AB877,9,53 (d) Submits evidence satisfactory to the department that the person has in
4effect public liability and property damage insurance in amounts specified in rules
5promulgated by the department.
AB877,9,86 (e) Submits evidence satisfactory to the department that the person has
7worker's compensation insurance or is exempted from the requirement to have such
8insurance by the department of workforce development under s. 102.28 (2) (b) or (3).
AB877,9,99 (f) Executes and files with the department a bond in the amount of $5,000.
AB877,9,1210 (g) Passes an examination approved by the department, with the advice of the
11roofing advisory council, that tests competency to perform roofing contracting
12services, including knowledge of lien laws and safety requirements.
AB877,9,14 13(2) The department shall assign a license number to each license issued under
14this subchapter.
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.
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