LRBs0448/1
MGG:kjf&nwn:ph
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
1An Act to amend 101.02 (20) (a) and 101.02 (21) (a); and
to create 15.157 (16),
2101.138 and 101.19 (1) (n) of the statutes;
relating to: licensing of individuals
3using cranes and heavy equipment, granting rule-making authority, requiring
4the 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-ASA1,3,42
15.157
(16) Crane and heavy equipment council. (a) There is created in the
3department of commerce a crane and heavy equipment council consisting of the
4following members appointed for 3-year terms:
AB928-ASA1,3,75
1. Two members who represent an affiliation of local labor organizations, as
6defined in s. 111.32 (9) (a), whose members are construction craft laborers working
7across the state.
AB928-ASA1,3,128
2. Two members who represent a labor organization, as defined in s. 111.32 (9)
9(a), whose members have been historically and are regularly engaged in the
10operation of cranes and of heavy equipment, each of whom is actively involved in
11providing, or in administering the provision of, skills improvement and
12apprenticeship training programs.
AB928-ASA1,3,1513
3. Two members who represent an association that is involved in the building
14of transportation systems across the state and whose membership includes
15employers of operators of cranes and of heavy equipment.
AB928-ASA1,3,1916
4. One member who represents an association that is involved in the building
17construction industry throughout the state and whose membership includes persons
18who employ operators of cranes and heavy equipment who are members of local labor
19organizations, as defined in s. 111.32 (9) (a).
AB928-ASA1,4,4
15. One member who represents an association that is involved in the building
2construction industry throughout the state and whose membership includes persons
3who employ operators of cranes and heavy equipment who are not members of local
4labor organizations, as defined in s. 111.32 (9) (a).
AB928-ASA1,4,55
6. The secretary of commerce or his or her designee.
AB928-ASA1,4,66
(b) The council shall meet at least 2 times a year.
AB928-ASA1,4,159
101.02
(20) (a) For purposes of this subsection, "license" means a license,
10permit, or certificate of certification or registration issued by the department under
11ss. 101.09 (3) (c), 101.122 (2) (c), 101.136,
101.138, 101.143 (2) (g), 101.147, 101.15
12(2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m),
13101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
14101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165,
15145.17, 145.175, 145.18, or 167.10 (6m).
AB928-ASA1,4,2418
101.02
(21) (a) In this subsection, "license" means a license, permit, or
19certificate of certification or registration issued by the department under s. 101.09
20(3) (c), 101.122 (2) (c), 101.136,
101.138, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16
21(3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or
22(6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3),
23145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or
24167.10 (6m).
AB928-ASA1,5,2
1101.138 Regulation of crane and heavy equipment operators. (1) 2Definitions. In this section:
AB928-ASA1,5,53
(ab) "Apprentice instruction" means receiving or giving instruction through a
4recognized apprenticeship program and includes classroom instruction, instruction
5in the field, and continuing education.
AB928-ASA1,5,66
(ad) "Council" means the crane and heavy equipment council.
AB928-ASA1,5,107
(ag) "Crane" means any power-operated hoisting machine that can lift, rotate,
8or move a suspended load horizontally or vertically, including a derrick, a jib hoist,
9and a gantry and any other type of power-operated hoisting machine designated by
10rule by the department.
AB928-ASA1,5,1611
(am) "Exempt entity" means a public utility, as defined in s. 196.01 (5), a
12cooperative association organized under ch. 185 for the purpose of producing or
13furnishing heat, light, power, or water to its members only, a telecommunications
14carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as
15defined in s. 196.01 (2g), or an alternative telecommunications utility, as defined in
16s. 196.01 (1d) (f).
AB928-ASA1,5,2217
(b) "Heavy equipment" means a piece of equipment that is not a crane, that has
18a dry weight, as determined by the manufacturer of the equipment, of 26,000 pounds
19or more, and that is used to move, compact, break, place, or grade construction
20materials, earth, or other heavy materials, that is used to clear or grade land, that
21is used to excavate or dig earth or other heavy materials, or that is used to drive
22vertically into the earth.
AB928-ASA1,5,2323
(d) "Operate" means to operate, assemble, maintain, or disassemble.
AB928-ASA1,5,2524
(e) "Public works project" means a project to which s. 66.0903, 103.49, or 103.50
25applies.
AB928-ASA1,6,3
1(eg) "Recognized apprenticeship program" means an apprenticeship program
2in the heavy equipment operating engineer program that is recognized by the U.S.
3department of labor.
AB928-ASA1,6,64
(er) "Registered training employer" means any person who is registered as a
5heavy equipment operating engineer trainer with the department of workforce
6development for the purpose of a recognized apprenticeship program.
AB928-ASA1,6,87
(f) "Regulated heavy equipment" means the types of heavy equipment that are
8designated by rule by the department under sub. (10) (b).
AB928-ASA1,6,109
(g) "Unregulated heavy equipment" means types of heavy equipment that are
10not designated by rule by the department under sub. (10) (b).
AB928-ASA1,6,17
11(2) Licenses required. (a) Beginning on the first day of the 24th month
12beginning after the effective date of this paragraph .... [LRB inserts date], no
13individual may operate a crane for construction, renovation, grading, or demolition
14purposes unless the individual holds a valid license issued under sub. (4) or (6) or
15renewal under sub. (9). If an individual holds an apprentice license issued under sub.
16(6), he or she may not operate the crane unless he or she is being supervised by
17another individual who holds a valid crane operator license issued under sub. (4).
AB928-ASA1,6,2518
(b) Beginning on the first day of the 24th month beginning after the effective
19date of this paragraph .... [LRB inserts date], no individual may operate a piece of
20regulated heavy equipment for construction, renovation, grading, or demolition
21purposes unless the individual holds a valid license issued under sub. (7) or (8) or
22renewal under sub. (9). If an individual holds an apprentice license issued under sub.
23(8), he or she may not operate the piece of regulated heavy equipment unless he or
24she is being supervised by another individual who holds a valid heavy equipment
25operator license issued under sub. (7).
AB928-ASA1,7,2
1(c) The licensing requirements under this section apply only to individuals
2operating cranes or regulated heavy equipment as part of a public works project.
AB928-ASA1,7,5
3(3) Exemptions from licensing requirements. (a) An individual is exempt
4from all of the licensing requirements under subs. (4) to (8) while operating any of
5the following:
AB928-ASA1,7,86
1. A crane or a piece of heavy equipment if the individual is an employee or is
7a subcontractor of an exempt entity and the individual is acting within the scope of
8his or her employment or of the applicable contract.
AB928-ASA1,7,109
2. A crane or a piece of heavy equipment that is being used in the construction,
10maintenance, or running of an electric substation.
AB928-ASA1,7,1311
3. A crane or a piece of heavy equipment that is being used in the construction,
12maintenance, or running of lighting or signals for railroads, airports, and public
13thoroughfares.
AB928-ASA1,7,1414
4. A piece of heavy equipment used for tunneling horizontally underground.
AB928-ASA1,7,1515
5. A piece of heavy equipment used to remove snow.
AB928-ASA1,7,1716
5m. A piece of heavy equipment to perform minor service or maintenance work,
17as defined in s. 66.0903 (1) (dr).