Amendment ASA1-AB928

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:

AB928-ASA1,11,4 (a) The individual is at least 18 years old.

AB928-ASA1,11,5 (b) The individual has one of the following:

AB928-ASA1,11,6 1. Successfully completed a recognized apprenticeship program.

AB928-ASA1,11,12 1m. At least a total of 1,000 verifiable hours of experience in operating heavy equipment in the 5-year period immediately preceding his or her application for the license, with at least 500 hours in operating regulated heavy equipment and not more than 500 hours in operating unregulated heavy equipment. Of the hours spent in operating unregulated heavy equipment, not more than 250 hours may be hours spent in apprentice instruction related to operating heavy equipment.

AB928-ASA1,11,18 2. At least a total of 5,000 verifiable hours of experience in operating heavy equipment in his or her lifetime, with at least 2,500 hours in operating regulated heavy equipment and no more than 2,500 hours in operating unregulated heavy equipment. Of the hours spent in operating unregulated heavy equipment, not more than 1,250 hours may be hours spent in apprentice instruction related to operating heavy equipment.

AB928-ASA1,11,22 (d) 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-ASA1,11,25 (8) Licensing qualifications; apprentice heavy equipment operators. The department shall issue an apprentice heavy equipment operator license to each individual who meets all of the following requirements:

AB928-ASA1,11,26 (a) The individual is at least 18 years old.

AB928-ASA1,12,3 (b) The individual is enrolled in a training program on the operation of heavy equipment recognized by the U.S. department of labor.

AB928-ASA1,12,7 (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-ASA1,12,10 (9) Period of validity; renewals. (a) A license issued under sub. (4) or (7) shall be valid for a period of 5 years. A license issued under sub. (6) or (8) shall be valid for a period of 4 years.

AB928-ASA1,12,12 (b) The department shall renew a crane operator license if all of the following apply:

AB928-ASA1,12,17 1. The holder of the license has at least 1,000 verifiable hours of experience in operating a crane in the 5-year period immediately preceding his or her application for renewal. If more than 500 of these verifiable hours are 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-ASA1,12,18 2. The holder's license issued under sub. (4) has not been suspended or revoked.

AB928-ASA1,12,20 3. The holder of the license has not violated any provision under this section, or rules promulgated under this section.

AB928-ASA1,12,22 (c) The department shall renew a heavy equipment operator license if all of the following apply:

AB928-ASA1,13,4 1. The holder of the license has at least 1,000 verifiable hours of experience in operating heavy equipment in the 5-year period immediately preceding his or her application for renewal. Of these verifiable hours, at least 200 hours must be hours spent in operating regulated heavy equipment. If more than 500 of these verifiable hours are not obtained in the employment of a registered training employer, at least 40 hours must be obtained through apprentice instruction relating to operating heavy equipment.

AB928-ASA1,13,5 2. The holder's license issued under sub. (7) has not been suspended or revoked.

AB928-ASA1,13,7 3. The holder of the license has not violated any provision under this section, or rules promulgated under this section.

AB928-ASA1,13,18 (9m) Federal approval. The department shall submit to the federal secretary of labor a plan for the licensing under this section of individuals operating cranes and heavy equipment, if required to do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of this section. If no approval is required under 29 USC 667 (b) or if an approval is granted and in effect, the department shall implement the licensing requirements under this section. If approval is required under 29 USC 667 (b), the department may not implement the licensing requirements under this section unless an approval is granted and in effect. The licensing requirements under this section do not apply if approval of the department's plan is required under 29 USC 667 (b) but is not granted and in effect.

AB928-ASA1,13,20 (10) Rules. (a) The department shall promulgate rules that do all of the following:

AB928-ASA1,13,22 1. Establish criteria for purposes of approving accrediting bodies under sub. (4) (c).

AB928-ASA1,13,23 2. Establish procedures and requirements for verifying hours under sub. (11).

AB928-ASA1,13,25 3. Establish standards for suspending and revoking licenses issued under this section.

AB928-ASA1,14,3 (b) 1. The department shall promulgate a rule that establishes a listing of the types of heavy equipment that are regulated under this section and may amend the rule to add to or remove from the listing types of heavy equipment.

AB928-ASA1,14,5 2. The council may make a recommendation to the department to include in the listing under subd. 1. certain types of heavy equipment.

AB928-ASA1,14,8 (c) The council may make recommendations to the department for rules relating to crane safety standards established by the American Society of Mechanical Engineers or relating to other crane safety standards.

AB928-ASA1,14,10 (d) The council may make recommendations regarding other rules that are promulgated under this section.

AB928-ASA1,14,13 (e) Upon receipt of a recommendation for a rule received from the council under par. (b) 2., (c), or (d) 2. or 3., the department may adopt the recommendation and promulgate a rule that implements the recommendation.

AB928-ASA1,14,16 (f) The council may make recommendations to the department of workforce development regarding the necessary requirements for qualifying as a registered training employer.

AB928-ASA1,14,20 (11) Calculation of verifiable hours. (a) For purposes of subs. (4) (b) 1., 1m., and 2. and (9) (b) 1., any of the following hours shall be counted as verifiable hours of actually operating a crane for meeting requirements for a crane operator license issued under sub. (4) or renewed under sub. (9):

AB928-ASA1,14,21 1. Hours spent working at the controls of a crane.

AB928-ASA1,14,25 2. Hours spent working in direct control of a crane, including hours assembling or disassembling the crane or the crane's boom or boom attachments, extending or retracting the crane's outriggers or stabilizers, leveling the crane, or replacing the hoisting ropes.

AB928-ASA1,15,2 3. Hours spent working directly supervising, instructing, or directing another individual who is carrying out an activity described in subd. 1. or 2.

AB928-ASA1,15,5 (am) For purposes of sub. (4) (b) 1., 1m., and 2., any of the following hours shall be counted as verifiable hours of crane-related experience for meeting requirements for a crane operator license issued under sub. (4):

AB928-ASA1,15,6 1. Hours spent in apprentice instruction related to operating cranes.

AB928-ASA1,15,10 2. Hours spent at a work site engaged in activities that increase the individual's knowledge and skill in operating a crane. These activities include working as an oiler, performing maintenance on cranes, setting up and dismantling cranes, rigging cranes for hoisting, and performing signals to guide the movements of cranes.

AB928-ASA1,15,13 (ar) Notwithstanding pars. (a) and (am), hours may not be counted as verifiable hours for purposes of subs. (4) (b) 1., 1m., and 2. and (9) (b) 1., if the hours are any of the following:

AB928-ASA1,15,14 1. Hours spent operating a crane to which an exemption under sub. (3) applies.

AB928-ASA1,15,16 2. Hours spent in crane-related experience where the crane is one to which an exemption under sub. (3) applies.

AB928-ASA1,15,19 (b) For purposes of subs. (7) (b) 1m. and 2. and (9) (c) 1., any of the following hours shall be counted as verifiable hours for meeting requirements for a heavy equipment license issued under sub. (7) or renewed under sub. (9):

AB928-ASA1,15,21 1. Hours spent operating any piece of heavy equipment except as provided in par. (bn).

AB928-ASA1,15,24 2. Hours spent in an apprenticeship program in the operation of heavy equipment that is recognized by the U.S. department of labor or in a training program recognized by the U.S. department of labor.

AB928-ASA1,16,2 3. Hours spent directly supervising or directing the operation of a piece of heavy equipment by another individual.

AB928-ASA1,16,5 (bn) Hours spent operating a piece of heavy equipment to which an exemption under sub. (3) applies may not be counted as verifiable hours for purposes of subs. (7) (b) 1m. and 2. and (9) (c) 1.

AB928-ASA1,16,9 (12) Application procedures. An individual shall apply for a license under this section by submitting an application on a form provided by the department together with the applicable fee established under s. 101.19 (1) (n). The fee shall be nonrefundable.

AB928-ASA1,16,12 (13) Disclosures; posting. (a) Each contract for a public works project shall contain a statement setting forth the requirements of this section. The department shall promulgate a rule that contains the required wording for the statement.

AB928-ASA1,16,17 (b) The department shall promulgate rules to ensure that a copy of the license of each individual working at a work site of a public works project is posted at that work site. The notice shall be posted in at least one conspicuous and easily accessible place on the work site and shall remain posted during the full time any individual is employed at the work site.

AB928-ASA1,16,22 (14) Oversight. The department shall conduct periodic reviews of any program of certification or accrediting body specified under sub. (4) (c) to monitor and ensure compliance with the rules promulgated under sub. (10) (a) 1. The department may cease to use any program of certification under sub. (4) (c) if it determines that the program or entity is not in compliance with the applicable rules.

AB928-ASA1,16,25 (15) Enforcement. (a) On its own motion or upon a complaint filed by any individual, the department shall issue an order or commence a civil action to enforce this section.

AB928-ASA1,17,4 (b) Whoever violates sub. (2) (a) or (b) shall be fined not more than $250 for the first violation, not more than $500 for a 2nd violation, and not more than $1,000 for each subsequent violation. Each day of continued violation constitutes a separate violation.

AB928-ASA1, s. 5 Section 5. 101.19 (1) (n) of the statutes is created to read:

AB928-ASA1,17,7 101.19 (1) (n) Issuing licenses and administering examinations to crane operators and heavy equipment operators under s. 101.138.

AB928-ASA1, s. 6 Section 6 . Nonstatutory provisions.

AB928-ASA1,17,9 (1) Rules; initial listing.

AB928-ASA1,17,11 (a) In this subsection, " regulated heavy equipment" has the meaning given in section 101.138 (1) (f) of the statutes, as created by this act.

AB928-ASA1,17,14 (b) The initial listing of types of regulated heavy equipment that is required to be established by rule under section 101.38 (10) (b) 1. of the statutes, as created by this act, shall consist of, and shall be limited to, all of the following:

AB928-ASA1,17,15 1. Excavators.

AB928-ASA1,17,16 2. Grinders.

AB928-ASA1,17,17 3. Shouldering machines.

AB928-ASA1,17,18 4. Milling machines.

AB928-ASA1,17,19 5. Planers.

AB928-ASA1,17,20 6. Graders.

AB928-ASA1,17,21 7. Scrapers.

AB928-ASA1,18,2 (2) Rules; submission of initial listing. No later than the first day of the 3rd month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules being promulgated under section 101.138 (10) (b) 1. of the statutes, as created by this act, and Section 6 (1) of this act to the legislative council staff under section 227.15 (1) of the statutes.

AB928-ASA1,18,7 (3) Rules; submission of other rules. No later than the first day of the 9th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules being promulgated under section 101.138 (10) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

AB928-ASA1,18,12 (4) Economic impact report. Notwithstanding section 227.137 (2) of the statutes, the secretary of administration may not require the department of commerce to prepare an economic impact report for the rules being promulgated under section 101.138 (10) (a) and (b) 1. of the statutes, as created by this act, and under subsection (1).

AB928-ASA1,18,15 (5) Council. Notwithstanding the length of terms of the members of the crane and heavy equipment council under section 15.157 (16) (a) 1. to 5. of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB928-ASA1,18,19 (a) One member appointed under section 15.157 (16) (a) 1. of the statutes, as created by this act, one member appointed under section 15.157 (16) (a) 2. of the statutes, as created by this act, and one member appointed under section 15.157 (16) (a) 3. of the statutes, as created by this act, for terms that expire on July 1, 2013.

AB928-ASA1,18,23 (b) One member appointed under section 15.157 (16) (a) 1. of the statutes, as created by this act, one member appointed under section 15.157 (16) (a) 2. of the statutes, as created by this act, and the member appointed under section 15.157 (16) (a) 4. of the statutes, as created by this act, for terms that expire on July 1, 2014.

AB928-ASA1,19,3 (c) One member appointed under section 15.157 (16) (a) 3. of the statutes, as created by this act and the member appointed under section 15.157 (16) (a) 5. of the statutes, as created by this act, for terms that expire on July 1, 2015.

AB928-ASA1,19,7 (6) Federal approval. No later than the first day of the 4th month beginning after the effective date of this subsection, the department of commerce shall submit to the federal secretary of labor the plan required under section 101.138 (9m) of the statutes, as created by this act, if required to do so under 29 USC 667 (b).

AB928-ASA1, s. 7 Section 7. Initial applicability.

AB928-ASA1,19,12 (1) This act first applies to a proposal for a public works project, as defined in section 101.138 (1) (e) of the statutes, as created by this act, that is submitted to a state agency or a local governmental unit for approval on the effective date of this subsection.

AB928-ASA1,19,13 (End)