AB877: Bill Text

AB877, s. 10 Section 10. 101.65 (1s) of the statutes is created to read:

AB877,6,21 101.65 (1s) May not issue a building permit unless the applicant provides evidence satisfactory to the city, village, town, or county that all roofing contracting services, as defined in s. 440.99 (1), will be performed by a person who is licensed under subch. XII of ch. 440 or is exempt from licensure under that subchapter.

AB877, s. 11 Section 11. 150.29 (1) of the statutes is amended to read:

AB877,7,4 150.29 (1) No person may enter into an obligation for a project described in s. 150.21 or engage in activities described in that section without the department's prior approval. If the project involves the performance of roofing contracting services, as defined in s. 440.99 (1), the department may not approve the project unless the applicant submits evidence satisfactory to the department that those services will be performed by a person who is licensed under subch. XII of ch. 440 or is exempt from licensure under that subchapter.

AB877, s. 12 Section 12. 231.20 of the statutes is amended to read:

AB877,7,15 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of commerce or any city, village, town or county may, within its discretion for proper cause shown, waive any particular requirements relating to public buildings, structures, grounds, works and improvements imposed by law upon projects under this chapter; the requirements of s. ss. 101.12 (2m) and 101.13 may not be waived, however. If, however, the prospective lessee so requests in writing, the authority shall, through the participating health institution, participating educational institution or participating child care provider as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB877, s. 13 Section 13. 440.01 (1) (a) of the statutes is renumbered 440.01 (1) (aj).

AB877, s. 14 Section 14. 440.08 (2) (a) 68b. of the statutes is created to read:

AB877,7,19 440.08 (2) (a) 68b. Roofing contractor: January 1 of each even-numbered year; $53.

AB877, s. 15 Section 15. Subchapter XII of chapter 440 [precedes 440.99] of the statutes is created to read:

AB877,7,22 CHAPTER 440

AB877,7,24 Subchapter XII roofing contractors

AB877,7,25 440.99 Definitions. In this subchapter:

AB877,8,4 (1) "Roofing contracting services" means the construction, reconstruction, alteration, maintenance, or repair of roofs, except for roofs of farm buildings. "Roofing contracting services" do not include the installation of plastics, glass, or fiberglass to greenhouses and other horticultural structures.

AB877,8,6 (2) "Roofing contractor" means a person who performs roofing contracting services.

AB877,8,10 440.991 License required. (1) Except as provided in sub. (2), no person may perform roofing contracting services or use the title "roofing contractor" or any other title or description that represents that the person is a roofing contractor unless the person is licensed under this subchapter.

AB877,8,11 (2) This subchapter does not require a license for any of the following:

AB877,8,12 (a) A person who sells roofing materials.

AB877,8,14 (b) A person who provides roofing contracting services if the services are not performed by the person or the person's employees.

AB877,8,15 (c) A person who performs roofing contracting services without compensation.

AB877,8,17 (d) An employee who performs roofing contracting services for an employer who is licensed under this subchapter.

AB877,8,19 440.992 Licensure requirements; renewal. (1) The department shall issue a license under this subchapter to a person who does all of the following:

AB877,8,21 (a) Submits an application for the license to the department on a form provided by the department.

AB877,8,22 (b) Pays the fee specified in s. 440.05 (1).

AB877,9,2 (c) If the person is a business entity, submits a statement to the department that the person is legally qualified to act on behalf of the business entity and identifies to the department the business representatives of the business entity and the business representatives who are responsible for supervising roofing contracting services performed by the business entity.

AB877,9,5 (d) Submits evidence satisfactory to the department that the person has in effect public liability and property damage insurance in amounts specified in rules promulgated by the department.

AB877,9,8 (e) Submits evidence satisfactory to the department that the person has worker's compensation insurance or is exempted from the requirement to have such insurance by the department of workforce development under s. 102.28 (2) (b) or (3).

AB877,9,9 (f) Executes and files with the department a bond in the amount of $5,000.

AB877,9,12 (g) Passes an examination approved by the department, with the advice of the roofing advisory council, that tests competency to perform roofing contracting services, including knowledge of lien laws and safety requirements.

AB877,9,14 (2) The department shall assign a license number to each license issued under this subchapter.

AB877,9,20 (3) The renewal dates for licenses issued under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the applicant has in effect public liability and property damage insurance in amounts specified in rules promulgated by the department.

AB877,9,24 440.993 Display of license and license number. A person who is issued a license under this subchapter must conspicuously display the license at the person's principal place of business, affix the license number to all bids and contracts for roofing contracting services, display the license number on all vehicles used by person in performing roofing contracting services, and include the license number in all advertisements for roofing contracting services.

AB877,10,4 440.994 Rule making. (1) The department shall promulgate rules for each of the following:

AB877,10,6 (a) Specifying the minimum amounts of public liability and property damage insurance that a person licensed under this subchapter is required to have in effect.

AB877,10,8 (b) Establishing a code of ethics governing the performance of roofing contracting services by persons licensed under this subchapter.

AB877,10,12 (2) Before submitting any proposed rules relating to the regulation of roofing contracting services to the legislative council staff under s. 227.15, the department shall submit the proposed rules to the roofing advisory council for comment. The council shall have 30 days to submit comments on the proposed rules to the secretary.

AB877,10,15 (3) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the roofing advisory council prior to publication of the rules in the official state newspaper.

AB877,10,19 (4) The chairperson of the roofing advisory council, or his or her designee from the council, may cochair with the secretary, or the secretary's designee, any public hearing held by the department on proposed rules relating to the regulation of roofing contracting services.

AB877,11,4 (5) The department shall submit to the roofing advisory council a copy of the report required under s. 227.19 (2) on any proposed final rules relating to the regulation of roofing contracting services. The council may prepare a dissenting report stating its recommendations on the proposed final rules. Any dissenting report shall be prepared within 10 days from the date of receipt of the department's report, be attached to the department's report, and be sent to the presiding officer of each house of the legislature and distributed under s. 227.19 (2). The department shall cause a statement to appear in the Wisconsin Administrative Register to the effect that a dissenting report of the council has been submitted to the presiding officer of each house of the legislature.

AB877,11,8 (6) The roofing advisory council may petition the department under s. 227.12 for the adoption, amendment, or repeal of rules relating to the regulation of roofing contracting services. This subsection does not limit the rights of other persons to petition the department under s. 227.12.

AB877,11,11 440.995 Public record exception. The department shall withhold from public inspection any financial information submitted by a person licensed under this subchapter.

AB877,11,15 440.996 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB877,11,18 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or deny, limit, suspend, or revoke a license issued under this subchapter if it finds that the applicant or licensee has done any of the following:

AB877,11,20 (a) Made a material misstatement in an application for a license or for renewal of a license or in any information submitted to the department.

AB877,11,23 (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the performance of roofing contracting services.

AB877,11,24 (c) Advertised in a manner that is false, deceptive, or misleading.

AB877,11,25 (d) Advertised, practiced, or attempted to practice under another's name.

AB877,12,3 (e) Subject to ss. 111.321, 111.322 and 111.34, performed roofing contracting services while his or her ability to practice was impaired by alcohol or other drugs or physical or mental disability or disease.

AB877,12,5 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 440.994 (1) (b).

AB877,12,7 (g) Committed gross negligence or misconduct, or acted in a grossly incompetent manner, in performing roofing contracting services.

AB877,12,9 (h) Been disciplined in another jurisdiction on grounds that are substantially similar to grounds specified in this subsection.

AB877,12,11 (i) Received compensation for roofing contracting services that were not performed.

AB877,12,14 (j) Grossly and knowingly overcharged for roofing contracting services or filed false statements for obtaining compensation for roofing contracting services that were not performed.

AB877,12,15 (k) Been adjudicated mentally incompetent by a court.

AB877,12,18 (L) Violated this subchapter or any rule promulgated under this subchapter or aided another person in violating this subchapter or any rule promulgated under this subchapter.

AB877,13,8 (3) The department may summarily suspend a license issued under this subchapter for a period not to exceed 30 days pending hearing if the department has in its possession evidence establishing probable cause to believe that the licensee has violated this subchapter or a rule promulgated under this subchapter and that it is necessary to suspend the license immediately to protect the public health, safety, or welfare. The licensee shall be granted an opportunity to be heard during the determination of whether or not probable cause exists. The department may designate any of its officers to exercise the authority granted by this subsection to suspend summarily a license, for a period not exceeding 72 hours. If a license has been summarily suspended by the department or any of its officers, the department may, while the hearing is in progress, extend the initial period of suspension for not more than an additional 30 days. If the licensee has caused a delay in the hearing process, the department may subsequently suspend the license from the time that the hearing is commenced until a final decision is issued or may delegate such authority to the hearing examiner.

AB877,13,13 440.997 Injunctive relief. If the department has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB877,13,19 440.998 Private cause of action. A person who is aggrieved by a violation of this subchapter or a rule promulgated under this subchapter may bring an action to enjoin further or continuing violations or to recover actual damages sustained as a result of a violation. In an action under this section, the court shall award costs and reasonable attorney fees, notwithstanding s. 814.04 (1), to a party who obtains injunctive relief or an award of damages.

AB877,13,23 440.999 Penalties. (1) A person who violates this subchapter or a rule promulgated under this subchapter may be fined not more than $1,000 or imprisoned for not more than 9 months or both. Each day of violation constitutes a separate offense.

AB877,14,3 (2) In addition to or in lieu of the penalties under sub. (1), the department may directly assess against a person who violates s. 440.991 (1) a forfeiture of not more than $5,000.

AB877, s. 16 Section 16. 452.01 (3j) of the statutes is renumbered 440.01 (1) (ae).

AB877, s. 17 Section 17. 452.01 (3k) of the statutes is renumbered 440.01 (1) (ag).

AB877, s. 18 Section 18 . Nonstatutory provisions.

AB877,14,7 (1) Initial appointments to roofing advisory council.

AB877,14,11 (a) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act, the initial members of the roofing advisory council shall be appointed by the first day of the 3rd month beginning after the effective date of this paragraph for the following terms:

AB877,14,12 1. Two roofing contractor members, for terms expiring on July 1, 2005.

AB877,14,13 2. Two roofing contractor members, for terms expiring on July 1, 2006.

AB877,14,15 3. Two roofing contractor members and the public member, for terms expiring on July 1, 2007.

AB877,14,19 (b) Notwithstanding section 15.407 (7) (a) of the statutes, as created by this act, the roofing contractor members appointed under paragraph (a) are not required to be licensed at the time of appointment but must have been engaged in performing roofing contracting services during the 5-year period before the appointment.

AB877,15,4 (2) Emergency rules. The department of regulation and licensing may use the procedure under section 227.24 of the statutes to promulgate rules required under sections 440.992 (1) (d) and (3) and 440.994 (1) (a) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the rules may remain in effect until the date on which permanent rules take effect. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB877,15,10 (3) Contracts. If a person is affected by a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with section 440.991 (1) of the statutes, as created by this act, then, notwithstanding section 440.991 (1) of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the contract until the contract expires or is extended, modified, or renewed, whichever occurs first.

AB877, s. 19 Section 19. Initial applicability.

AB877,15,14 (1) State and municipal contracts. The treatment of sections 16.855 (14m) and 66.0901 (2m) of the statutes first applies to contracts entered into on the effective date of this subsection.

AB877,15,17 (2) Hospital, nursing home, and public building plans. The treatment of sections 50.02 (2) (b) 1., 50.36 (2) (a), and 101.12 (2m) of the statutes first applies to plans submitted on the effective date of this subsection.

AB877,15,20 (3) Building permits; nursing home approvals. The treatment of sections 101.65 (1s) and 150.29 (1) of the statutes first applies to applications submitted on the effective date of this subsection.

AB877, s. 20 Section 20. Effective dates. This act takes effect on the first day of the 10th month beginning after publication, except as follows:

AB877,15,23 (1) Section 18 (1 ) and (2) of this act takes effect on the day after publication.

AB877,15,24 (End)