Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,359,19 100.52 (3) Registration of telephone solicitors. (a) The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay a registration fee to the department. The amount of the registration fee shall be based on the cost of establishing the nonsolicitation directory, and the amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations. The rules shall also require a telephone solicitor that registers with the department to pay an annual registration renewal fee to the department. The amount of the registration renewal fee shall be based on the cost of maintaining the nonsolicitation directory.

SB55-SSA1-SA2,359,22 (b) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:

SB55-SSA1-SA2,359,23 1. The telephone solicitor.

SB55-SSA1-SA2,360,2 2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.

SB55-SSA1-SA2, s. 2442b Section 2442b. 100.52 (4) (title) of the statutes is created to read:

SB55-SSA1-SA2,360,4 100.52 (4) (title) Telephone solicitor requirements.

SB55-SSA1-SA2, s. 2442d Section 2442d. 100.52 (4) (a) 2. and 3. of the statutes are created to read:

SB55-SSA1-SA2,360,8 100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided or made available to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.

SB55-SSA1-SA2,360,11 3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

SB55-SSA1-SA2, s. 2442f Section 2442f. 100.52 (4) (b) of the statutes is created to read:

SB55-SSA1-SA2,360,13 100.52 (4) (b) A telephone solicitor may not do any of the following:

SB55-SSA1-SA2,360,16 1. Require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3) (a).

SB55-SSA1-SA2,360,18 2. Require an employee or contractor to make a telephone solicitation that violates par. (a).

SB55-SSA1-SA2, s. 2442h Section 2442h. 100.52 (4) (c) of the statutes is created to read:

SB55-SSA1-SA2,360,24 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

SB55-SSA1-SA2, s. 2443b Section 2443b. 100.52 (5) of the statutes is created to read:

SB55-SSA1-SA2,361,7 100.52 (5) Nonprofit organization requirements. A nonprofit organization or an employee or contractor of a nonprofit organization may not make a telephone solicitation to a residential customer if the residential customer has provided notice by telephone, mail, or facsimile transmission to the nonprofit organization that the residential customer does not wish to receive telephone solicitations. A nonprofit organization may not require an employee or contractor to make a telephone solicitation that violates this subsection.

SB55-SSA1-SA2, s. 2444b Section 2444b. 100.52 (6) of the statutes is created to read:

SB55-SSA1-SA2,361,10 100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a telephone solicitation that satisfies any of the following:

SB55-SSA1-SA2,361,12 (a) The telephone solicitation is made to a recipient in response to the recipient's express written request for the telephone solicitation.

SB55-SSA1-SA2,361,18 (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

SB55-SSA1-SA2, s. 2445b Section 2445b. 100.52 (7) of the statutes is created to read:

SB55-SSA1-SA2,361,22 100.52 (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB55-SSA1-SA2, s. 2446b Section 2446b. 100.52 (8) of the statutes is created to read:

SB55-SSA1-SA2,362,3 100.52 (8) Private cause of action. Any person who suffers damages as the result of another person violating this section may bring an action against the person who violated this section to recover the amount of those damages.

SB55-SSA1-SA2, s. 2446d Section 2446d. 100.52 (9) of the statutes is created to read:

SB55-SSA1-SA2,362,7 100.52 (9) Enforcement. The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

SB55-SSA1-SA2, s. 2446f Section 2446f. 100.52 (10) of the statutes is created to read:

SB55-SSA1-SA2,362,11 100.52 (10) Penalties. (a) Except as provided in par. (b), a person who violates this section may be required to forfeit not less than $100 nor more than $500 for each violation.

SB55-SSA1-SA2,362,14 (b) A telephone solicitor that violates sub. (4) or a nonprofit organization that violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000 for each violation.".

SB55-SSA1-SA2,362,15 1022. Page 890, line 25: after that line insert:

SB55-SSA1-SA2,362,16 " Section 2446q. 101.01 (4) of the statutes is amended to read:

SB55-SSA1-SA2,362,22 101.01 (4) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation as well as any agent, manager, representative, or other person having control or custody of any employment, place of employment, or of any employee.".

SB55-SSA1-SA2,362,23 1023. Page 890, line 25: after that line insert:

SB55-SSA1-SA2,362,24 " Section 2447x. 101.02 (15) (a) of the statutes is amended to read:

SB55-SSA1-SA2,363,10 101.02 (15) (a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employe in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building. This Except for the purposes of enforcing and administering ss. 101.22, 101.25, and 101.255, this paragraph does not apply to occupational safety and health issues covered by standards established and enforced by the federal occupational safety and health administration.

SB55-SSA1-SA2, s. 2448f Section 2448f. 101.02 (20) (a) of the statutes is amended to read:

SB55-SSA1-SA2,363,17 101.02 (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), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.25 (3), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

SB55-SSA1-SA2, s. 2448h Section 2448h. 101.02 (21) (a) of the statutes is amended to read:

SB55-SSA1-SA2,363,24 101.02 (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), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.25 (3), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).".

SB55-SSA1-SA2,364,1 1024. Page 890, line 25: after that line insert:

SB55-SSA1-SA2,364,2 " Section 2434g. 100.46 (1) of the statutes is amended to read:

SB55-SSA1-SA2,364,5 100.46 (1) Energy conservation standards. The department of justice may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.

SB55-SSA1-SA2, s. 2434i Section 2434i. 100.46 (2) of the statutes is amended to read:

SB55-SSA1-SA2,364,11 100.46 (2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department of justice may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).

SB55-SSA1-SA2, s. 2434k Section 2434k. 100.50 (6) (b) of the statutes is amended to read:

SB55-SSA1-SA2,364,15 100.50 (6) (b) In lieu of or in addition to the remedy under par. (a), the department of justice may seek an injunction restraining any person from violating this section.

SB55-SSA1-SA2, s. 2434m Section 2434m. 100.50 (6) (c) of the statutes is amended to read:

SB55-SSA1-SA2,364,19 100.50 (6) (c) The department of justice, or any district attorney upon the request of the department of justice, may commence an action in the name of the state under par. (a) or (b).".

SB55-SSA1-SA2,364,20 1025. Page 898, line 20: after that line insert:

SB55-SSA1-SA2,364,21 " Section 2489m. 101.175 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,365,2 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:".

SB55-SSA1-SA2,365,3 1026. Page 898, line 25: after that line insert:

SB55-SSA1-SA2,365,4 " Section 2490b. 101.19 (1) (ig) of the statutes is created to read:

SB55-SSA1-SA2,365,6 101.19 (1) (ig) Authorizing crane operator certification programs under s. 101.22 (2).

SB55-SSA1-SA2, s. 2490c Section 2490c. 101.19 (1) (ir) of the statutes is created to read:

SB55-SSA1-SA2,365,9 101.19 (1) (ir) Certifying master ironworkers and journeymen ironworkers under s. 101.25 (3).

SB55-SSA1-SA2, s. 2490f Section 2490f. 101.22 of the statutes is created to read:

SB55-SSA1-SA2,365,18 101.22 Crane operators. (1) Definition. In this section, "crane" means a power-operated hoisting machine that is used in construction, demolition, or excavation work, that has a power-operated winch and load line, and that has a power-operated boom that moves laterally by the rotation of the machine on a carrier. "Crane" does not include a forklift, a digger derrick truck, a bucket truck, a boom truck used for sign erection, or a machine with a movable bridge carrying a movable or fixed hoisting mechanism and traveling on an overhead, fixed, runway structure.

SB55-SSA1-SA2,365,22 (2) Certification. (a) Certification required. Except as provided in sub. (5), no individual may operate a crane with a lifting capacity of 15 tons or more in this state without a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).

SB55-SSA1-SA2,365,24 (b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).

SB55-SSA1-SA2,366,4 (c) Contractor and subcontractor liability. No person who is under a contract to construct an improvement to land may permit an agent of the person, or an independent contractor under contract with the person, to perform work on the improvement in violation of par. (a).

SB55-SSA1-SA2,366,7 (3) Certification programs. (a) Generally. Except as provided in sub. (4), the department shall administer a program under which the department authorizes crane operator certification programs to grant certificates that satisfy sub. (2) (a).

SB55-SSA1-SA2,366,10 (b) Required components of certification programs. The department may authorize a crane operator certification program only if all of the following are satisfied:

SB55-SSA1-SA2,366,12 1. The program requires an individual who is applying for a certificate to satisfactorily complete a written examination regarding safe crane operation.

SB55-SSA1-SA2,366,15 2. The program requires an individual who is applying for a certificate to meet physical standards necessary for safe crane operation, consistent with any national standard that the department determines is appropriate.

SB55-SSA1-SA2,366,20 3. The program requires an individual who is applying for a certificate to satisfactorily complete a practical examination regarding safe crane operation, unless the individual is applying for recertification and provides sufficient evidence that the individual has safely completed at least 1,000 hours of crane operation during the 5-year period before the date of the application for recertification.

SB55-SSA1-SA2,366,24 4. The program is consistent with any applicable certification and recertification requirements established by the federal occupational safety and health administration and, to the extent feasible, the National Commission for the Certification of Crane Operators.

SB55-SSA1-SA2,366,25 5. The program issues a crane operator certificate that has a term of 5 years.

SB55-SSA1-SA2,367,2 (c) Rules. The department shall promulgate rules to administer the program established under par. (a).

SB55-SSA1-SA2,367,4 (d) List. The department shall maintain a list of crane operator certification programs authorized by the department.

SB55-SSA1-SA2,367,14 (4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of crane operators under this section, 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 that is consistent with all of the provisions of this section is granted and in effect, the department shall implement the program under this section. If approval is required under 29 USC 667 (b), the department may not implement the program under this section unless an approval that is consistent with all of the provisions of this section is granted and in effect.

SB55-SSA1-SA2,367,17 (5) Exceptions. (a) Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of crane operators is required under 29 USC 667 (b) but is not granted and in effect.

SB55-SSA1-SA2,367,18 (b) Other exceptions. Subsection (2) (a) does not apply to any of the following:

SB55-SSA1-SA2,367,22 1. An individual who is receiving training as a crane operator, if the individual is under the direct supervision of a crane operator who holds a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).

SB55-SSA1-SA2,368,2 2. An individual who is a member of a uniformed service, as defined in s. 6.22 (1) (c), or who is a member of the U.S. merchant marine, if the individual is performing work for the uniformed service of which the individual is a member or for the U.S. merchant marine, respectively.

SB55-SSA1-SA2,368,4 3. An individual who is operating a crane for personal use on a premises that is owned or leased by the individual.

SB55-SSA1-SA2,368,6 4. An individual who is operating a crane in an attempt to remedy an emergency.

SB55-SSA1-SA2,368,13 5. An individual who is an employee or subcontractor of 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 under s. 196.01 (1d) (f), and who is operating a crane within the scope of his or her employment or contract.

SB55-SSA1-SA2,368,15 6. An individual who is operating a crane in the construction, operation, or maintenance of an electric substation.

SB55-SSA1-SA2,368,17 7. An individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with sub. (2) (a).

SB55-SSA1-SA2,368,19 (6) Penalties. Any person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 3 months or both.

SB55-SSA1-SA2, s. 2490h Section 2490h. 101.25 of the statutes is created to read:

SB55-SSA1-SA2,368,22 101.25 Master and journeymen ironworkers. (1) Definition. In this section, "ironworker" means an individual who does any of the following:

SB55-SSA1-SA2,368,24 (a) Raises, places, or unites girders, columns, and other structural steel members.

SB55-SSA1-SA2,369,2 (b) Positions and secures reinforcing rods or post tensioning cables during on-site construction of buildings or bridges.

SB55-SSA1-SA2,369,3 (c) Installs prefabricated, ornamental metalwork.

SB55-SSA1-SA2,369,4 (d) Erects precast girders during on-site construction of bridges.

SB55-SSA1-SA2,369,10 (2) Certification. (a) Certificate required. Except as provided in sub. (5), no individual may perform work as an ironworker in this state without a master ironworker or journeyman ironworker certificate obtained from the department. Except as provided in sub. (5), an individual with a master ironworker or journeyman ironworker certificate shall perform work as an ironworker consistent with the rules promulgated under sub. (3) (d).