AB877: Bill Text

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 Section 1. 13.48 (19) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB877,3,13 13.48 (19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855, except s. 16.855 (14m), if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. Subject to the requirements of s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

AB877, s. 2 Section 2. 15.407 (7) of the statutes is created to read:

AB877,4,2 15.407 (7) Roofing advisory council. (a) There is created a roofing advisory council in the department of regulation and licensing and serving the department in an advisory capacity. The council shall consist of the following members appointed for 4-year terms:

AB877,4,3 1. Six persons licensed under subch. XII of ch. 440.

AB877,4,4 2. One public member.

AB877,4,6 (b) The members appointed under par. (a) 1. shall be appointed to provide geographic diversity to the council.

AB877, s. 3 Section 3. 16.854 (3) of the statutes is amended to read:

AB877,4,13 16.854 (3) It shall be a goal of the department, with regard to each of the contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses. Sections 16.85, and 16.855, except s. 16.855 (14m), and s. 16.87 do not apply to services provided or contracted by the department under this section.

AB877, s. 4 Section 4. 16.855 (14m) of the statutes is created to read:

AB877,4,18 16.855 (14m) The department may not enter into any contract for roofing contracting services, as defined in s. 440.99 (1), unless the contract provides that those services will be provided by a person who is licensed under subch. XII of ch. 440 or is exempt from licensure under that subchapter.

AB877, s. 5 Section 5. 23.41 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB877,5,9 23.41 (5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from ss. 16.70 to 16.75, 16.755, 16.76, 16.767 to 16.82, and 16.855, except s. 16.855 (14m), and from ss. 16.87 and 16.89, but ss. 16.528, 16.754 and 16.765 apply to the contract. Every such contract involving an expenditure of more than $60,000 is not valid until the contract is approved by the governor.

AB877, s. 6 Section 6. 50.02 (2) (b) 1. of the statutes is amended to read:

AB877,5,19 50.02 (2) (b) 1. The department shall conduct plan reviews of all capital construction and remodeling of nursing homes to ensure that the plans comply with building code requirements under ch. 101 and with life safety code and physical plant requirements under s. 49.498, this chapter or under rules promulgated under this chapter. If the plans involve the performance of roofing contracting services, as defined in s. 440.99 (1), construction or remodeling may not commence unless the applicant submits with the plans 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. 7 Section 7. 50.36 (2) (a) of the statutes is amended to read:

AB877,6,4 50.36 (2) (a) The department shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with building code requirements under ch. 101 and with physical plant requirements under this chapter or under rules promulgated under this chapter. If the plans involve the performance of roofing contracting services, as defined in s. 440.99 (1), construction or remodeling may not commence unless the applicant submits with the plans 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. 8 Section 8. 66.0901 (2m) of the statutes is created to read:

AB877,6,10 66.0901 (2m) Roofing contracting services. A municipality may not enter into a public contract for roofing contracting services, as defined in s. 440.99 (1), unless the contract provides 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. 9 Section 9. 101.12 (2m) of the statutes is created to read:

AB877,6,16 101.12 (2m) If the plans specified in sub. (2) involve the performance of roofing contracting services, as defined in s. 440.99 (1), construction may not commence unless the designer or owner submits with the plans 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. 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.