(4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (a) 10. is true and if applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.
(5) Issuance, term, renewal, and continuing education. (a) Issuance and term. Except as provided under s. 101.02 (20) (b) and (21) (b), the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and any rules promulgated under subs. (1) to (3) and who pays any applicable fee required by rule of the department under s. 101.19 (1) (k). Except as provided under sub. (2) (c) and (d), the term of each license is 2 years.
(b) Renewal and continuing education. 1. Except as otherwise provided in this subdivision, an applicant for renewal of a license under sub. (1), (2) (a) or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant has satisfactorily met with the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.
2. The department shall promulgate rules that establish the education requirements for purposes of subd. 1. The rules shall include all of the following:
a. Standards for certification of specific programs.
b. The number of hours of education required on an annual basis.
c. Criteria for receiving a waiver from the department of the education requirements.
(6) Revocation and suspension. The department may revoke or suspend a license issued under subs. (1) to (3) if the department finds any of the following:
(a) That the licensee made a false statement of material fact in an application submitted to the department.
(b) That the license was obtained by fraud, misrepresentation, or bribery.
(c) That the licensee failed to notify the department and the owner or lessee of a conveyance that the conveyance failed to meet any of the requirements of this subchapter or of the rules promulgated under this subchapter.
(d) That the licensee violated this subchapter or any rule promulgated under this subchapter.
(7) Application. (a) Each application for a license under subs. (1), (2) (a), or (3) shall be made on a form prescribed by the department, and each application shall contain at least the following information:
1. If the applicant is an individual, the applicant's name and residential address.
2. If the applicant is a sole proprietorship, the applicant's name and residential and business addresses.
3. If the applicant is a partnership, the name and business address of the partnership and the names and residential addresses of each partner.
4. If the applicant is a corporation, the name and principal business address of the corporation and the name and address of the corporation's registered agent for service of process.
5. If the applicant is a limited liability company, the name and principal business address of the limited liability company and the name and address of the limited liability company's registered agent for service of process.
6. The number of years the applicant has performed work or engaged in the business to be authorized under the license.
7. If the application is for an elevator contractor's license, the approximate number of individuals, if any, the applicant will employ upon licensure.
8. If the application is for an elevator contractor's license, a certification that all work described in s. 101.984 (2) (a) and (b) that the person will contract to perform under the license will be performed by elevator mechanics licensed under sub. (2).
9. Satisfactory evidence that the applicant is or, upon licensure, will be insured to the extent required under sub. (1) or (3).
10. A description of each of the applicant's criminal arrests and convictions, if any.
(b) Each application for a license under sub. (2) (am) shall be made on a form prescribed by the department, and each application shall contain the relevant information necessary to issue the license, as determined by the department.
101.986 Conveyance safety code council duties. The conveyance safety code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide conveyance safety code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules for the enforcement of this subchapter, the granting of variances, administrative appeal procedures, fees, and any other matter under this subchapter.
101.988 Enforcement and penalties. (1) Investigations. (a) Initiated by department. The department may perform investigations to aid in the enforcement of this subchapter and rules promulgated under this subchapter.
(b) Initiated by public. Any person may file a written notice with the department, requesting the department to investigate an alleged violation of this subchapter or rules promulgated under this subchapter or a dangerous condition involving a conveyance. The notice shall set forth the specific grounds for the request and shall be signed by the person filing the notice. Upon request of the person filing the notice, the department shall keep the person's name confidential and shall withhold the name from public inspection under s. 19.35 (1), except that the department may disclose the name to a law enforcement officer for official purposes. If the department determines that there are reasonable grounds to believe that the alleged violation or dangerous condition exists, the department shall investigate to determine if the alleged violation or dangerous condition exists. If the department determines that there are no such reasonable grounds, the department shall notify the person filing the notice.
(2) Orders of the department. The department may issue orders to enforce this subchapter and rules promulgated under this subchapter.
(3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance.
456,7
Section
7
.
Nonstatutory provisions.
(1)
Submission of proposed 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 subchapter VII of chapter 101 of the statutes, as created by this act, and under section 101.19 (1) (k) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes. 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 subchapter VII of chapter 101 of the statutes, as created by this act, or under section 101.19 (1) (k) of the statutes, as created by this act.
(2) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate as emergency rules the rules required under subchapter VII of chapter 101 of the statutes, as created by this act, and under section 101.19 (1) (k) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules promulgated under this subsection may remain in effect until the date on which the permanent rules required under subchapter VII of chapter 101 of the statutes, as created by this act, and under section 101.19 (1) (k) of the statutes, as created by this act, take effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of commerce is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection. The department of commerce shall promulgate the rules required under this subsection no later than the first day of the 9th month beginning after the effective date of this subsection.
(3) Effect on collective bargaining agreements. If a person is affected by a collective bargaining agreement that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with subchapter VII of chapter 101 of the statutes, as created by this act, then, notwithstanding subchapter VII of chapter 101 of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the collective bargaining agreement until the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.
(4) Initial members of conveyance safety code council. Notwithstanding the length of terms specified for the conveyance safety code council under section 15.157 (14) (a) of the statutes, as created by this act, the initial members appointed under section 15.157 (14) (a) 1. to 3. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2008, the initial members appointed under section 15.157 (14) (a) 4. and 5. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2009, and the initial members appointed under section 15.157 (14) (a) 6. to 8., as created by this act, shall be appointed for terms that expire on July 1, 2010.
(5) Grace period for obtaining permit to operate existing conveyances. Notwithstanding section 101.983 (2) of the statutes, as created by this act, the owner or lessee of any conveyance, as defined in section 101.981 (1) (c) of the statutes, as created by this act, in operation on the effective date of this subsection shall obtain the permit required under section 101.983 (2) of the statutes, as created by this act, no later than the first day of the 6th month beginning after the effective date of this subsection. This subsection does not apply to any person required to obtain a permit under rules of the department of commerce that are in effect before the effective date of this subsection.
456,8
Section
8.
Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:
(1) The treatment of sections 15.157 (14), 101.981, 101.982, and 101.986 of the statutes and Section 7 (1), (2), and (4) of this act take effect on the day after publication.
