AB1086: Bill Text

AB1086,3,12 chapter 101

AB1086,3,15 subchapter VII regulation of construction contractors and subcontractors

AB1086,3,16 101.98 Definitions. In this subchapter:

AB1086,3,19 (1) "Contractor" means any person engaged in the business of construction who contracts with the owner or lessor of real property to construct, or supervise the construction of, an improvement to that real property.

AB1086,3,21 (2) "Construction" means the construction, renovation, repair, remodeling, or demolition of an improvement to real property or of a manufactured home.

AB1086,4,2 (3) "Construction services" means mechanical or structural activities relating to construction including carpentry, concrete work, landscaping, masonry work, painting, plastering, insulation work, roofing, erection of scaffolding, or the installation or repair of floor coverings, drywall, wall coverings, tile, cabinets, countertops, or siding.

AB1086,4,5 (4) "Subcontractor" means a person who enters into a contract with a contractor or subcontractor to perform part or all of a contract to construct or supervise the construction of an improvement to real property.

AB1086,4,7 101.981 Departmental powers and duties. The department shall do all of the following:

AB1086,4,10 (1) Register, and issue a unique registration number to, any person who desires to act as a contractor or a subcontractor and who meets the requirements for registration established by the department under this subchapter.

AB1086,4,12 (2) Establish an Internet site that consumers may use to determine whether a contractor or subcontractor is registered under this subchapter.

AB1086,4,13 (3) Promulgate rules establishing all of the following:

AB1086,4,14 (a) Standards for the registration of contractors and subcontractors.

AB1086,4,16 (b) Application procedures for persons applying for registration under this subchapter.

AB1086,4,18 (c) Conditions under which the department may suspend or revoke the registration of a contractor or subcontractor.

AB1086,4,22 101.982 Prohibitions. (1) No person may hold himself or herself out or act as a contractor or subcontractor or perform construction services unless that person is registered as a contractor or subcontractor by the department under this subchapter.

AB1086,4,25 (2) No contractor or subcontractor may enter into a contract for construction services with a subcontractor who is not registered as a contractor or subcontractor by the department under this subchapter.

AB1086,5,5 (3) No contractor or subcontractor may claim or maintain an action to enforce a lien under s. 779.01 for construction services performed or materials procured if the contractor or subcontractor was not registered as a contractor or a subcontractor by the department under this subchapter at the time that the services were performed or the materials were procured.

AB1086,5,8 (4) No contractor or subcontractor may knowingly and with intent to evade any state or federal law, rule, or regulation coerce or induce a person to falsely declare that he or she is an independent contractor.

AB1086,5,10 101.983 Requirements. Every person who is registered as a contractor or subcontractor by the department under this subchapter shall do all of the following:

AB1086,5,12 (1) Display his or her registration number at his or her principal place of business.

AB1086,5,14 (2) Include his or her registration number on all construction bids and contracts and on all advertising.

AB1086,5,16 101.984 Registration term. Registration under this subchapter shall be valid for a period of not more than 4 years and shall be renewable.

AB1086,5,20 101.985 Exception. Sections 101.982 and 101.983 do not apply to a person who performs construction work on real property, an improvement to real property, or a manufactured home if the real property, improvement, or manufactured home are owned or leased by that person.

AB1086,5,23 101.987 Penalties. (1) The department may directly assess a forfeiture by issuing an order against any person who violates s. 101.982 or 101.983. The department may not assess a forfeiture exceeding $2,000 for each violation.

AB1086,5,25 (2) The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under this section including the following:

AB1086,6,1 (a) The procedure for issuing an order for an alleged violation.

AB1086,6,3 (b) The amount of a forfeiture that the department may assess for an alleged violation, subject to the limit under sub. (1).

AB1086,6,4 (c) The procedure for contesting an order issued for an alleged violation.

AB1086,6,6 (d) The procedure for contesting the assessment of a forfeiture for an alleged violation.

AB1086,6,8 (3) The department shall remit all forfeitures paid under this section to the secretary of administration for deposit in the school fund.

AB1086,6,10 (4) All forfeitures that are not paid as required under this section shall accrue interest at the rate of 12 percent per year.

AB1086,6,14 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this subsection if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews.

AB1086, s. 6 Section 6 . Nonstatutory provisions.

AB1086,6,22 (1) Proposed rules. No later than the first day of the 12th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules required under sections 101.981 (3) and 101.987 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes, unless the secretary of administration requires the department to prepare an economic impact report under section 227.137 of the statutes for the proposed rules.

AB1086,7,9 (2) Contractor advisory committee. There is created a contractor advisory committee which shall consist of 7 members appointed by the secretary of commerce. Of the members appointed to the committee, 4 members shall be contractors, as defined in section 101.98 (1) of the statutes, as created by this act, or subcontractors, as defined in section 101.98 (4) of the statutes, as created by this act, 2 members shall be representatives of labor unions, and one member shall be a public member. The committee shall make recommendations to the department of commerce regarding the promulgation of rules under sections 101.981 (3) and 101.987 (2) of the statutes, as created by this act. The committee shall cease to exist on the first day of the 12th month beginning after the day on which the rules required under sections 101.981 (3) and 101.987 (2) of the statutes, as created by this act, are promulgated by the department of commerce.

AB1086, s. 7 Section 7. Effective dates. This act takes effect on the first day of the 18th month beginning after publication, except as follows:

AB1086,7,12 (1) Section 6 (1 ) and (2) of this act take effect on the day after publication.

AB1086,7,13 (End)