Amendment ASA1-AB928

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2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 928

April 19, 2010 - Offered by Representatives Parisi and Sinicki.

AB928-ASA1,1,4 An Act to amend 101.02 (20) (a) and 101.02 (21) (a); and to create 15.157 (16), 101.138 and 101.19 (1) (n) of the statutes; relating to: licensing of individuals using cranes and heavy equipment, granting rule-making authority, requiring the exercise of rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

The Department of Commerce (Commerce) issues various licenses, permits, registrations, and other credentials to individuals engaged in the construction trades, such as to electricians and plumbers.

This substitute amendment requires Commerce to issue licenses for the operation of cranes and certain pieces of heavy equipment. The substitute amendment defines a piece of "heavy equipment" to be a piece of equipment that weighs at least 26,000 pounds and that is used to do certain construction activities. The substitute amendment requires that Commerce promulgate a rule that contains an initial listing of specific types of equipment for which a license is necessary (regulated heavy equipment). The substitute amendment establishes a crane and heavy equipment council (council) which may make recommendations to Commerce on specific types of equipment that may be added to the list by rule. The council may make other recommendations to Commerce for rules relating to the operation of cranes and heavy equipment. Certain types of cranes and specific pieces of heavy equipment are totally exempt from licensure regulation and may not be added to the list promulgated by Commerce.

The substitute amendment creates four different licenses: a crane operator license, a heavy equipment operator license, an apprentice crane operator license, and an apprentice heavy equipment operator license. For all four of these licenses, an individual must be at least 18 years old at the time the license is issued and may not have had any license or other permission to operate a crane or any piece of heavy equipment suspended or revoked by Commerce or by another comparable licensing agency, and must meet certain training and experience requirements.

For the crane operator license, an individual must have obtained certification from an accredited program that certifies crane operators, and have successfully completed an apprenticeship program that is recognized by the U.S. Department of Labor. He or she must also have 1,000 hours of experience in the five-year period immediately preceding the date of application for the license or 5,000 hours of experience during his or her lifetime. The substitute amendment imposes requirements as to the maximum amount of hours that may be counted as "crane-related experience" as opposed to hours spent actually operating a crane. Under the substitute amendment, hours of "crane-related experience" includes hours spent in receiving or giving instruction through a recognized apprenticeship program and hours spent at a work site doing activities that increase an individual's knowledge and skill in crane operation.

For a license to operate regulated heavy equipment, an individual must have completed an apprenticeship program that is recognized by the U.S. Department of Labor. He or she must also have 1,000 hours experience in the five-year period immediately preceding the date of application for the license or 5,000 hours of experience during his or her lifetime. The substitute amendment imposes requirements as to the maximum number of hours that may be counted as experience operating unregulated heavy equipment as opposed to hours spent operating regulated heavy equipment. Unregulated heavy equipment are pieces of heavy equipment for which a license is not necessary.

The crane operator and heavy equipment operator licenses are valid for five years and are renewable if an individual has operated cranes or regulated heavy equipment for at least 1,000 hours during the period of the license and has not had the license suspended or revoked and has not violated any law relating to the operation of cranes or heavy equipment.

For an apprentice crane operator license or apprentice heavy equipment operator license, the individual must be enrolled in a training program recognized by the U.S. Department of Labor. These two apprenticeship licenses are valid for four years.

The licensing requirements apply only to public works projects where prevailing wage requirements apply. Under the current prevailing wage law, certain laborers, workers, mechanics, and truck drivers employed on a state or local project of public works must be paid at the rate paid for a majority of the hours worked in the person's trade or occupation in the county in which the project is located, as determined by the Department of Workforce Development.

The substitute amendment provides that if there are standards established by the federal Occupational Safety and Health Administration (OSHA) that apply to licensing operators of cranes or heavy equipment, the licensing requirements created in this substitute amendment may not be implemented unless Commerce receives federal approval.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB928-ASA1, s. 1 Section 1. 15.157 (16) of the statutes is created to read:

AB928-ASA1,3,4 15.157 (16) Crane and heavy equipment council. (a) There is created in the department of commerce a crane and heavy equipment council consisting of the following members appointed for 3-year terms:

AB928-ASA1,3,7 1. Two members who represent an affiliation of local labor organizations, as defined in s. 111.32 (9) (a), whose members are construction craft laborers working across the state.

AB928-ASA1,3,12 2. Two members who represent a labor organization, as defined in s. 111.32 (9) (a), whose members have been historically and are regularly engaged in the operation of cranes and of heavy equipment, each of whom is actively involved in providing, or in administering the provision of, skills improvement and apprenticeship training programs.

AB928-ASA1,3,15 3. Two members who represent an association that is involved in the building of transportation systems across the state and whose membership includes employers of operators of cranes and of heavy equipment.

AB928-ASA1,3,19 4. One member who represents an association that is involved in the building construction industry throughout the state and whose membership includes persons who employ operators of cranes and heavy equipment who are members of local labor organizations, as defined in s. 111.32 (9) (a).

AB928-ASA1,4,4 5. One member who represents an association that is involved in the building construction industry throughout the state and whose membership includes persons who employ operators of cranes and heavy equipment who are not members of local labor organizations, as defined in s. 111.32 (9) (a).

AB928-ASA1,4,5 6. The secretary of commerce or his or her designee.

AB928-ASA1,4,6 (b) The council shall meet at least 2 times a year.

AB928-ASA1, s. 2 Section 2. 101.02 (20) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB928-ASA1,4,15 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.138, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB928-ASA1, s. 3 Section 3. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB928-ASA1,4,24 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.138, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB928-ASA1, s. 4 Section 4. 101.138 of the statutes is created to read:

AB928-ASA1,5,2 101.138 Regulation of crane and heavy equipment operators. (1) Definitions. In this section:

AB928-ASA1,5,5 (ab) "Apprentice instruction" means receiving or giving instruction through a recognized apprenticeship program and includes classroom instruction, instruction in the field, and continuing education.

AB928-ASA1,5,6 (ad) "Council" means the crane and heavy equipment council.

AB928-ASA1,5,10 (ag) "Crane" means any power-operated hoisting machine that can lift, rotate, or move a suspended load horizontally or vertically, including a derrick, a jib hoist, and a gantry and any other type of power-operated hoisting machine designated by rule by the department.

AB928-ASA1,5,16 (am) "Exempt entity" means a public utility, as defined in s. 196.01 (5), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only, a telecommunications carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as defined in s. 196.01 (2g), or an alternative telecommunications utility, as defined in s. 196.01 (1d) (f).

AB928-ASA1,5,22 (b) "Heavy equipment" means a piece of equipment that is not a crane, that has a dry weight, as determined by the manufacturer of the equipment, of 26,000 pounds or more, and that is used to move, compact, break, place, or grade construction materials, earth, or other heavy materials, that is used to clear or grade land, that is used to excavate or dig earth or other heavy materials, or that is used to drive vertically into the earth.

AB928-ASA1,5,23 (d) "Operate" means to operate, assemble, maintain, or disassemble.

AB928-ASA1,5,25 (e) "Public works project" means a project to which s. 66.0903, 103.49, or 103.50 applies.

AB928-ASA1,6,3 (eg) "Recognized apprenticeship program" means an apprenticeship program in the heavy equipment operating engineer program that is recognized by the U.S. department of labor.

AB928-ASA1,6,6 (er) "Registered training employer" means any person who is registered as a heavy equipment operating engineer trainer with the department of workforce development for the purpose of a recognized apprenticeship program.

AB928-ASA1,6,8 (f) "Regulated heavy equipment" means the types of heavy equipment that are designated by rule by the department under sub. (10) (b).

AB928-ASA1,6,10 (g) "Unregulated heavy equipment" means types of heavy equipment that are not designated by rule by the department under sub. (10) (b).

AB928-ASA1,6,17 (2) Licenses required. (a) Beginning on the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date], no individual may operate a crane for construction, renovation, grading, or demolition purposes unless the individual holds a valid license issued under sub. (4) or (6) or renewal under sub. (9). If an individual holds an apprentice license issued under sub. (6), he or she may not operate the crane unless he or she is being supervised by another individual who holds a valid crane operator license issued under sub. (4).

AB928-ASA1,6,25 (b) Beginning on the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date], no individual may operate a piece of regulated heavy equipment for construction, renovation, grading, or demolition purposes unless the individual holds a valid license issued under sub. (7) or (8) or renewal under sub. (9). If an individual holds an apprentice license issued under sub. (8), he or she may not operate the piece of regulated heavy equipment unless he or she is being supervised by another individual who holds a valid heavy equipment operator license issued under sub. (7).

AB928-ASA1,7,2 (c) The licensing requirements under this section apply only to individuals operating cranes or regulated heavy equipment as part of a public works project.

AB928-ASA1,7,5 (3) Exemptions from licensing requirements. (a) An individual is exempt from all of the licensing requirements under subs. (4) to (8) while operating any of the following:

AB928-ASA1,7,8 1. A crane or a piece of heavy equipment if the individual is an employee or is a subcontractor of an exempt entity and the individual is acting within the scope of his or her employment or of the applicable contract.

AB928-ASA1,7,10 2. A crane or a piece of heavy equipment that is being used in the construction, maintenance, or running of an electric substation.

AB928-ASA1,7,13 3. A crane or a piece of heavy equipment that is being used in the construction, maintenance, or running of lighting or signals for railroads, airports, and public thoroughfares.

AB928-ASA1,7,14 4. A piece of heavy equipment used for tunneling horizontally underground.

AB928-ASA1,7,15 5. A piece of heavy equipment used to remove snow.

AB928-ASA1,7,17 5m. A piece of heavy equipment to perform minor service or maintenance work, as defined in s. 66.0903 (1) (dr).

AB928-ASA1,7,18 6. A forklift or telehandler.

AB928-ASA1,7,23 7. A piece of heavy equipment that is being used to erect a sheltered enclosure or to place, at the same time the sheltered enclosure is being erected, private on-site underground utilities or holding tanks to service the enclosed structure. This exemption does not apply to a piece of heavy equipment that is being used for excavation or backfilling for erecting the sheltered enclosure.

AB928-ASA1,7,25 8. A vehicle with a hoisting boom that is used to load, unload, deliver, place, or remove goods or materials at a work site that has a sheltered enclosure.

AB928-ASA1,8,6 9. A piece of heavy equipment that is used for drilling into the earth for a groundwater well that is intended to provide water for human consumption if the individual operating the piece of heavy equipment is a well driller licensed under s. 280.15 (2m), a drilling rig operator registered under s. 280.15 (3g), or an individual supervised, as required under s. 280.15 (3r), by a licensed well driller or drilling rig operator.

AB928-ASA1,8,9 10. A truck with a hoisting boom with a lifting capacity of not more than 10,000 pounds that is used to assist in loading, unloading, delivering, placing, or removing large items that are necessary to service heavy equipment.

AB928-ASA1,8,11 11. An excavator that is used solely as part of the manufacturing process at a permanent manufacturing facility.

AB928-ASA1,8,16 12. A piece of heavy equipment that is being used to deliver and unload concrete road barriers or dividers to a public works site involving roadway construction, repair, or maintenance. This exemption does not apply to a piece of heavy equipment that is being used to load such barriers or dividers or to place or remove such barriers or dividers on or from a roadway.

AB928-ASA1,8,19 (b) An individual is exempt from all of the licensing requirements under subs. (4) to (6) while assembling or disassembling a mobile crane or a tower crane if any of the following apply:

AB928-ASA1,8,20 1. He or she is under the supervision of an individual licensed under sub. (4).

AB928-ASA1,8,23 2. He or she is performing maintenance on the crane that does not require the crane to move and he or she is under the supervision of maintenance personnel who are working at the work site.

AB928-ASA1,9,3 (4) Licensing qualifications; crane operators. The department shall issue a crane operator license to each individual who meets all of the following requirements:

AB928-ASA1,9,4 (a) The individual is at least 18 years old.

AB928-ASA1,9,5 (b) The individual has one of the following:

AB928-ASA1,9,9 1. Successfully completed a recognized apprenticeship program during which, as part of the program, the individual has at least a total of 500 verifiable hours with at least 250 hours in actually operating a crane and not more than 250 hours in crane-related experience.

AB928-ASA1,9,17 1m. At least 1,000 verifiable hours relating to operating a crane in the 5-year period immediately preceding his or her application for the license, with at least 400 hours in actually operating a crane and not more than 600 hours in crane-related experience. Of the hours in crane-related experience, not more than 300 hours may be hours spent in apprentice instruction related to operating cranes. If any of the verifiable hours in crane-related experience is not obtained in the employment of a registered training employer, at least 40 hours must be obtained through apprentice instruction relating to operating cranes.

AB928-ASA1,9,24 2. At least 5,000 verifiable hours related to operating a crane in his or her lifetime, with at least 2,500 hours in actually operating a crane and not more than 2,500 hours in crane-related experience. Of the hours in crane-related experience, not more than 1,250 hours may be hours spent in apprentice instruction related to operating cranes. If any of the verifiable hours in crane-related experience is not obtained in the employment of a registered training employer, at least 40 hours must be obtained through apprentice instruction relating to operating cranes.

AB928-ASA1,9,25 (c) The individual has obtained certification from a program of certification of crane operators that is accredited by the National Commission for Certifying Agencies or from an equivalent accrediting body approved by the department. The certification process shall require passing both a written and practical examination.

AB928-ASA1,10,8 (e) The individual does not have a license, certification, or other permission to operate a crane or heavy equipment issued by the department or by a comparable licensing agency in another jurisdiction that is suspended or revoked at the time of application.

AB928-ASA1,10,14 (5) Endorsement qualifications; tower crane operators. The department shall issue a tower crane operator endorsement to each individual who holds a valid license issued under sub. (4) and who has obtained certification from a program of certification for operating tower cranes that is accredited by the National Commission for Certifying Agencies or from an equivalent accrediting body approved by the department.

AB928-ASA1,10,17 (6) Licensing qualifications; apprentice crane operators. The department shall issue an apprentice crane operator license to each individual who meets all of the following requirements:

AB928-ASA1,10,18 (a) The individual is at least 18 years old.

AB928-ASA1,10,19 (b) The individual is enrolled in a recognized apprenticeship program.

AB928-ASA1,10,23 (c) The individual does not have a license, certification, or other permission to operate a crane or heavy equipment issued by the department or by a comparable licensing agency in another jurisdiction that is suspended or revoked at the time of application.

AB928-ASA1,11,3 (7) Licensing qualifications; heavy equipment operators. The department shall issue a heavy equipment license to each individual who meets all of the following requirements: