LRB-4607/1
MGG:kjf&nwn:ph
2009 - 2010 LEGISLATURE
April 6, 2010 - Introduced by Representatives Parisi and Sinicki, cosponsored by
Senators Coggs, Wirch and Hansen. Referred to Committee on Labor.
AB928,1,4
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, requiring the exercise of rule-making
4authority, 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 bill requires Commerce to issue licenses for the operation of cranes and
certain pieces of heavy equipment. The bill 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 bill 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 bill establishes a crane and heavy
equipment council which may recommend to Commerce specific types of equipment
that may be added to the list or removed from the list by rule. Certain specific pieces
of heavy equipment are exempt from regulation and may not be added to the list
promulgated by Commerce.
The bill 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.
For the crane operator license, an individual must have a specified amount of
experience, have obtained certification from an accredited program that certifies
crane operators, and have completed an apprenticeship program. In lieu of
completing the apprenticeship program, the individual may meet this requirement
by having at least 10,000 hours of experience on the day that the bill becomes law.
For a license to operate regulated heavy equipment, the requirements are the same
except the individual does not have to complete a program of certification. The crane
operator and heavy equipment operator license are valid for five years and are
renewable if the individual has operated cranes or regulated heavy equipment for at
least 2,000 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 have passed a written examination approved
by Commerce and must be enrolled in a training program recognized by the U.S.
Department of Labor. These two apprenticeship licenses are valid for three years.
The license requirement applies 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 people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB928, s. 1
1Section
1. 15.157 (16) of the statutes is created to read:
AB928,2,42
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:
AB928,2,65
1. Two members who represent an affiliation of local labor organizations whose
6members are construction craft laborers working across the state.
AB928,3,27
2. Two members who represent a labor organization whose members are
8engaged in the operation of cranes and of heavy equipment, each of whom is actively
1involved in providing, or in administering the provision of, skills improvement and
2apprenticeship training programs.
AB928,3,53
3. One member representing an association that is involved in the building of
4transportation systems across the state and whose membership includes employers
5of operators of cranes and of heavy equipment.
AB928,3,66
(b) The council shall meet at least 2 times a year.
AB928,3,159
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).
AB928,3,2418
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, s. 4
25Section
4. 101.138 of the statutes is created to read:
AB928,4,2
1101.138 Regulation of crane and heavy equipment operators. (1) 2Definitions. In this section:
AB928,4,63
(a) "Crane" means any power-operated hoisting machine that can lift, rotate,
4or move a suspended load horizontally or vertically, including a derrick, a jib hoist,
5and a gantry and any other type of power-operated hoisting machine designated by
6rule by the department.
AB928,4,127
(b) "Heavy equipment" means a piece of equipment that is not a crane, that has
8a dry weight, as determined by the manufacturer of the equipment, of 26,000 pounds
9or more, and that is used to move, compact, break, place, or grade construction
10materials, earth, or other heavy materials, that is used to clear or grade land, that
11is used to excavate or dig earth or other heavy materials, or that is used to drive
12vertically into the earth.
AB928,4,1613
(c) "Local governmental unit" means a political subdivision of this state, a
14special purpose district in this state, an agency or corporation of a political
15subdivision or special purpose district, or a combination or subunit of any of the
16foregoing.
AB928,4,1717
(d) "Operate" means to operate, assemble, maintain, or disassemble.
AB928,4,1918
(e) "Public works project" means a work project that is subject to an agreement
19under which the state or a local governmental unit is a party.
AB928,4,2120
(f) "Regulated heavy equipment" means the types of heavy equipment that are
21designated by rule by the department under sub. (10) (b).
AB928,5,3
22(2) Licenses required. (a) Beginning on the first day of the 24th month
23beginning after the effective date of this paragraph .... [LRB inserts date], no
24individual may operate a crane for construction, renovation, grading, or demolition
25purposes unless the individual holds a valid license issued under sub. (4) or (6). If
1an individual holds an apprentice license issued under sub. (6), he or she may not
2operate the crane unless he or she is being supervised by another individual who
3holds a valid crane operator license issued under sub. (4).
AB928,5,114
(b) Beginning on the first day of the 24th month beginning after the effective
5date of this paragraph .... [LRB inserts date], no individual may operate a piece of
6regulated heavy equipment for construction, renovation, grading, or demolition
7purposes unless the individual holds a valid license issued under sub. (7) or (8). If
8an individual holds an apprentice license issued under sub. (8), he or she may not
9operate the piece of regulated heavy equipment unless he or she is being supervised
10by another individual who holds a valid heavy equipment operator license issued
11under sub. (7).
AB928,5,1412
(c) The licensing requirements under this section apply only to individuals
13operating cranes or regulated heavy equipment as part of public works projects to
14which s. 66.0903, 103.49, or 103.50 applies.
AB928,5,16
15(3) Exemptions to licensing requirement. Subsection (2) does not apply when
16an individual is operating any of the following:
AB928,5,1717
(a) An electric line truck.
AB928,5,1918
(b) A piece of heavy equipment used for servicing existing equipment or
19structures located in a gas or electric utility right-of-way.
AB928,5,2020
(c) A piece of heavy equipment used for tunneling horizontally underground.
AB928,5,2121
(d) A piece of heavy equipment used to remove snow.
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(e) A forklift or telehandler.
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(f) A piece of heavy equipment that is used to construct an open-trench,
24closed-loop well system to obtain geothermal energy if the installation and grouting
1of the horizontal piping of the systems is placed at a depth that does not exceed 20
2feet.
AB928,6,5
3(4) Licensing qualifications; crane operators. The department shall issue a
4crane operator license to each individual who meets all of the following
5requirements:
AB928,6,66
(a) The individual is at least 18 years old.
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(b) The individual has either of the following:
AB928,6,98
1. At least 2,000 hours of verifiable experience in operating a crane in the
95-year period immediately preceding his or her application.
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2. At least 10,000 hours of verifiable experience in operating cranes in his or
11her lifetime.
AB928,6,1512
(c) The individual has obtained certification from a program of certification of
13crane operators that is accredited by the National Commission for Certifying
14Agencies or from an equivalent accrediting body approved by the department. The
15certification process shall require passing both a written and practical examination.
AB928,6,1616
(d) The individual has either of the following:
AB928,6,1817
1. Proof that he or she has successfully completed an apprenticeship program
18in the operation of cranes that is recognized by the U.S. department of labor.
AB928,6,2119
2. At least 10,000 hours of verifiable experience in operating a crane, on or
20before the first day of the 24th month beginning after the effective date of this
21subdivision .... [LRB inserts date].
AB928,6,2522
(e) The individual does not have a license, certification, or other permission to
23operate a crane or heavy equipment issued by the department or by a comparable
24licensing agency in another jurisdiction that is suspended or revoked at the time of
25application.
AB928,7,5
1(5) Licensing qualifications; tower crane operators. The department shall
2issue a tower crane operator endorsement to each individual who applies for the
3endorsement if at least 500 of the hours that are verified as experience under sub.
4(4) (b) 1. or 2. or (d) 2. or (9) (b) 1. are verified as experience related to operating a
5tower crane.
AB928,7,8
6(6) Licensing qualifications; apprentice crane operators. The department
7shall issue an apprentice crane operator license to each individual who meets all of
8the following requirements: