(d) Training and continuing education requirements for mechanics.
(e) Procedures governing the assessment of forfeitures under sub. (11), including the procedure for issuing an order for an alleged violation of this section, the procedure for contesting an order issued for an alleged violation of this section, and the procedure for contesting the assessment of a forfeiture for an alleged violation of this section.
(6) Licensing of mechanics. (a) 1. Except as provided in subd. 2., beginning on the first day of the 24th month beginning after the effective date of this subdivision .... [LRB inserts date], no person may install or maintain thermal system insulation in any building unless that person is a mechanic licensed by the department under this section, is working under the direct supervision of a licensed mechanic, or is serving an apprenticeship in the installation and maintenance of thermal system insulation that meets the requirements specified under ch. 106.
2. Subdivision 1. does not apply to a person who makes only minor repairs to thermal system insulation.
(b) A person wishing to obtain a mechanic's license shall apply for a license by submitting an application on a form provided by the department together with the applicable fee.
(c) Except as provided in par. (d), the department may not issue a license to a mechanic unless the mechanic meets the requirements established by the department by rule and either of the following requirements:
1. He or she has at least 1,000 hours of experience in each of 4 consecutive years installing and maintaining thermal system insulation under the supervision of a licensed mechanic and has passed an examination approved by the department.
2. He or she has successfully completed training in installing and maintaining thermal system insulation under an apprenticeship program that is approved by the department and that meets the requirements of the department of workforce development under ch. 106.
(d) The department may waive any requirement, or any portion of a requirement under par. (c) for any person with experience in installing or maintaining thermal system insulation upon submission of evidence satisfactory to the department that the person is qualified for licensure.
(e) The department may not renew a license issued to a mechanic under this section unless the mechanic submits a certificate to the department that demonstrates that the mechanic has attended and successfully completed during the previous license period a continuing education course approved by the department, upon consultation with the council.
(7) Licensing exceptions. The department may waive a licensing requirement under sub. (6) for any person who is licensed as a mechanic in another state in which the standards for licensure are at least as strict as the requirements under sub. (6).
(8) Temporary and emergency licenses. The department may promulgate rules establishing standards and procedures for the issuance of temporary and emergency licenses for mechanics. The rule shall provide that a temporary or emergency license issued under this subsection is valid for 30 days.
(9) Prohibitions. No person may do any of the following:
(a) Make a false statement of material fact in an application for the issuance or renewal of a license under this section.
(b) Engage in fraud, misrepresentation, or bribery to obtain a license under this section.
(10) Penalties. A person who violates this section or who fails to comply with an order issued by the state inspector under this section is subject to a forfeiture of not less than $2,000 nor more than $5,000 for each violation.
(11) Assessment of forfeitures by the department. (a) The department may directly assess a forfeiture by issuing an order against any person who violates this section or who fails to comply with an order issued by the state inspector under this section.
(b) The department shall remit all forfeitures paid to the department under this subsection to the secretary of administration for deposit into the school fund.
(c) All forfeitures that are not paid to the department as required under this subsection shall accrue interest at the rate of 12 percent per year.
(d) The attorney general may bring an action in the name of the state to collect any forfeiture imposed by the department, or interest accrued, if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews. The only contestable issue in such an action is whether the forfeiture has been paid.
16,6
Section
6
.
Nonstatutory provisions.
(1)
Council. Notwithstanding the length of terms of the members of the thermal system insulation council specified in section 15.157 (15) (a) to (d) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) Two members for a term that expires on July 1, 2012.
(b) Two members for a term that expires on July 1, 2013.
(c) Two members for a term that expires on July 1, 2014.
16,7
Section
7
.
Fiscal changes.
(1)
State thermal system insulation inspector. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (3) (j) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $78,100 for fiscal year 2009-10 and the dollar amount is increased by $78,100 for fiscal year 2010-11 to increase the authorized FTE positions for the department of commerce by 1.0 PR position to perform the responsibilities of the state thermal system insulation inspector.
16,8
Section
8.
Effective date.
(1) This act takes effect on the day after publication, or on the 2nd day after publication of the 2009-11 biennial budget act, whichever is later.
