Amendment SA2-SSA1-SB55

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).

SB55-SSA1-SA2,369,12 (b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).

SB55-SSA1-SA2,369,16 (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-SA2,369,20 (3) Administration. (a) Master ironworkers. Except as provided in sub. (4), the department shall administer a program for the certification of master ironworkers. The department may certify an individual as a master ironworker only if all of the following apply:

SB55-SSA1-SA2,370,2 1. The individual satisfactorily completes a written examination regarding ironworking, unless the individual applies for recertification and provides sufficient evidence that the individual has safely completed at least 5,000 hours of work as a master ironworker or journeyman ironworker during the 5-year period before the date of the application for recertification and has successfully completed at least 30 hours of training approved by the department during the 5-year period before the date of the application for recertification.

SB55-SSA1-SA2,370,7 2. The individual holds a valid journeyman ironworker certificate for at least one year before the date of the individual's application for certification as a master ironworker, unless the individual has successfully completed an ironworker apprenticeship program that is approved by the department of commerce and the department of workforce development.

SB55-SSA1-SA2,370,11 (b) Journeymen ironworkers. Except as provided in sub. (4), the department shall administer a program for the certification of journeymen ironworkers. The department may certify an individual as a journeyman ironworker only if all of the following apply:

SB55-SSA1-SA2,370,18 1. The individual satisfactorily completes a written examination regarding ironworking, unless the individual applies for recertification and provides sufficient evidence that the individual has safely completed at least 5,000 hours of work as a journeyman ironworker during the 5-year period before the date of the application for recertification and has successfully completed at least 15 hours of training approved by the department during the 5-year period before the date of the application for recertification.

SB55-SSA1-SA2,370,23 2. The individual successfully completes an ironworker apprenticeship program that is approved by the department of commerce and the department of workforce development, or safely completes at least 8,000 hours of work in the ironworking trade, before the date of the individual's application for certification as a journeyman ironworker.

SB55-SSA1-SA2,370,25 (c) Term. A master ironworker certificate or journeyman ironworker certificate issued by the department has a term of 5 years.

SB55-SSA1-SA2,371,8 (d) Rules. The department shall promulgate rules to administer the program established under this subsection. The rules shall specify the tasks related to ironworking that an individual certified as a master ironworker may perform and that an individual certified as a journeyman ironworker may perform. To the extent feasible, the rules shall be consistent with national standards applicable to ironworkers. The department of commerce shall promulgate any rules with regard to approved ironworker apprenticeship programs in consultation with the department of workforce development.

SB55-SSA1-SA2,371,18 (4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of ironworkers 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-SA2,371,21 (5) Exceptions. (a) Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of ironworkers is required under 29 USC 667 (b) but is not granted and in effect.

SB55-SSA1-SA2,371,22 (b) Other exceptions. Subsection (2) (a) does not apply to any of the following:

SB55-SSA1-SA2,371,25 1. An individual who is receiving training as an ironworker, if the individual is under the direct supervision of an ironworker who holds a valid master ironworker certificate received from the department.

SB55-SSA1-SA2,372,3 2. An individual who is enrolled in and performing tasks that are within the scope of an ironworker apprenticeship program that is approved by the department of commerce and by the department of workforce development.

SB55-SSA1-SA2,372,7 3. 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-SA2,372,9 4. An individual who is performing ironwork on a premises that is owned or leased by the individual.

SB55-SSA1-SA2,372,11 5. An individual who is performing ironwork in an attempt to remedy an emergency.

SB55-SSA1-SA2,372,14 6. An individual who is positioning and securing reinforcing rods during the construction of a road, sidewalk, or parking lot. Under this subdivision, the construction of a bridge is not the construction of a road.

SB55-SSA1-SA2,372,16 7. An individual who is performing ironwork within the scope of his or her employment, if the individual is employed to do primarily any of the following:

SB55-SSA1-SA2,372,17 a. Install, assemble, construct, or repair electrical work.

SB55-SSA1-SA2,372,18 b. Install, adjust, repair, or dismantle fire protection and fire control systems.

SB55-SSA1-SA2,372,23 c. Erect, install, or repair transmission poles, fabricated metal transmission towers, outdoor substations, switch racks, or similar electrical structures, electric cables, and related auxiliary equipment for high-voltage transmission and distribution power lines that are used to conduct energy between generating stations, substations, and consumers.

SB55-SSA1-SA2,372,24 d. Install, repair, alter, or recondition gas distribution pipeline.

SB55-SSA1-SA2,373,3 e. Install or repair residential potable water lines, gravity waste disposal systems inside curb or fence lines, plumbing fixtures, and plumbing appliances such as dishwashers and water heaters.

SB55-SSA1-SA2,373,6 f. Lay out, assemble, install, or maintain pipe systems, pipe supports, and related hydraulic and pneumatic equipment for steam, hot water, heating, cooling, lubricating, or industrial production and processing systems.

SB55-SSA1-SA2,373,8 8. An individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with sub. (2) (a).

SB55-SSA1-SA2,373,10 (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. 2490j Section 2490j. 101.255 of the statutes is created to read:

SB55-SSA1-SA2,373,12 101.255 Ironworker ratios. (1) Definitions. In this section:

SB55-SSA1-SA2,373,15 (a) "Apprentice ironworker" means an individual who is enrolled in an ironworker apprenticeship program that is approved by the department of commerce and by the department of workforce development.

SB55-SSA1-SA2,373,17 (b) "Master ironworker" means an individual who is certified as a master ironworker by the department of commerce under s. 101.25.

SB55-SSA1-SA2,374,2 (2) Rules. Except as provided in sub. (3), the department shall promulgate rules specifying a minimum number of master ironworkers that are required to provide work at a construction site, and a maximum number of apprentice ironworkers and individuals training as ironworkers that are permitted to provide work at a construction site, in order to provide for the safety of individuals at the construction site. The department may vary the minimum and maximum numbers established under the rules based upon the type of work being performed at the construction site. The rules do not apply to an individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with the rules.

SB55-SSA1-SA2,374,13 (3) Federal approval. The department shall submit to the federal secretary of labor a plan for enforcing the minimum and maximum numbers established under sub. (2), 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 sub. (2). If no approval is required under 29 USC 667 (b) or if an approval that is consistent with all of the provisions of sub. (2) is granted and in effect, the department shall promulgate and enforce the rules required under sub. (2). If approval is required under 29 USC 667 (b), the department may not promulgate or enforce the rules required under sub. (2) unless an approval that is consistent with all of the provisions of sub. (2) is granted and in effect.".

SB55-SSA1-SA2,374,14 1027. Page 901, line 9: after that line insert:

SB55-SSA1-SA2,374,16 " Section 2531w. Subchapter IV (title) of chapter 101 [precedes 101.80] of the statutes is amended to read:

SB55-SSA1-SA2,374,17 Chapter 101

SB55-SSA1-SA2,374,24 Subchapter IV inspection of electrical construction and certification of master electrician, and electrical contractors, journeymen and beginning electricians

SB55-SSA1-SA2, s. 2531y Section 2531y. 101.815 of the statutes is created to read:

SB55-SSA1-SA2,375,5 101.815 Outdoor lighting. (1) The department shall promulgate rules establishing voluntary guidelines relating to the design, construction, installation, and use of outdoor light fixtures and lamps used in outdoor light fixtures. The guidelines shall include provisions to achieve all of the following:

SB55-SSA1-SA2,375,6 (a) Improved energy efficiency of outdoor lighting.

SB55-SSA1-SA2,375,7 (b) Appropriate light intensity, distribution, and color of outdoor lighting.

SB55-SSA1-SA2,375,8 (c) Reduced glare.

SB55-SSA1-SA2,375,9 (d) Direction of light only to areas that are intended to be illuminated.

SB55-SSA1-SA2,375,10 (e) Greater capability of outdoor lighting to provide nighttime security.

SB55-SSA1-SA2,375,11 (f) Reduced interference with the functions of any astronomical observatory.

SB55-SSA1-SA2,375,12 (2) The department shall promulgate rules establishing all of the following:

SB55-SSA1-SA2,375,14 (a) Standards for determining compliance with the guidelines under sub. (1) and a self-certification process for building owners.

SB55-SSA1-SA2,375,16 (b) A means of acknowledging the building owners who comply with the guidelines under sub. (1).

SB55-SSA1-SA2,375,18 (3) The department shall disseminate a summary of the guidelines under sub. (1) and shall urge voluntary compliance with the guidelines.

SB55-SSA1-SA2,375,22 (4) The department shall consult with the department of administration regarding the outdoor light fixtures and lamps used in outdoor light fixtures for state buildings and facilities. The department of administration shall comply with the guidelines under sub. (1) to the extent practicable.

SB55-SSA1-SA2,376,4 (5) Notwithstanding s. 101.86 (1) (a), a city, village, town, or county may enact and enforce standards for outdoor lighting that are similar to the guidelines under sub. (1) or may enact and enforce standards for outdoor lighting that are less or more restrictive than the guidelines under sub. (1). A city, village, town, or county may apply its standards to outdoor light fixtures and lamps for outdoor light fixtures constructed or installed before the effective date of the city, village, town, or county standards.".

SB55-SSA1-SA2,376,5 1028. Page 902, line 16: after that line insert:

SB55-SSA1-SA2,376,6 " Section 2543p. 102.01 (2) (d) of the statutes is amended to read:

SB55-SSA1-SA2,376,10 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and, or family care district and, the Milwaukee County child welfare district, or any other public or quasi-public corporations corporation.

SB55-SSA1-SA2, s. 2543q Section 2543q. 102.04 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,376,15 102.04 (1) (a) The state, each county, city, town, 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 therein.".

SB55-SSA1-SA2,376,16 1029. Page 902, line 17: delete lines 17 to 21.

SB55-SSA1-SA2,376,17 1030. Page 903, line 4: delete lines 4 to 17.

SB55-SSA1-SA2,376,18 1031. Page 903, line 17: after that line insert:

SB55-SSA1-SA2,376,19 " Section 2556n. 103.001 (6) of the statutes is amended to read:

SB55-SSA1-SA2,377,2 103.001 (6) "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-SA2,377,4 1032. Page 903, line 18: delete the material beginning with that line and ending with page 904, line 24.

SB55-SSA1-SA2,377,5 1033. Page 904, line 24: after that line insert:

SB55-SSA1-SA2,377,6 " Section 2558h. 103.49 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,377,24 103.49 (3) (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. In defining those trades or occupations, the department may not define swimming pool installer as a separate trade or occupation for purposes of determining the prevailing wage rates for the trades or occupations that are commonly employed in the construction of swimming pools. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.".

SB55-SSA1-SA2,378,1 1034. Page 906, line 3: delete lines 3 to 17.

SB55-SSA1-SA2,378,2 1035. Page 907, line 14: after that line insert:

SB55-SSA1-SA2,378,3 " Section 2559k. 103.67 (2) (j) of the statutes is amended to read:

SB55-SSA1-SA2,378,10 103.67 (2) (j) Minors under 14 years of age may be employed as participants in a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5), or 938.345 or, in a supervised work program or other community service work under s. 938.245 (2) (a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3), or 938.345, or in the community service component of a youth report center program under s. 938.245 (2) (a) 9m., 938.32 (1p), 938.34 (7j), 938.342 (1d) (c) or (1g) (k), 938.343 (3m), 938.344 (2g) (a) 5., 938.345, or 938.355 (6) (d) 5. or (6m) (a) 4.".

SB55-SSA1-SA2,378,11 1036. Page 908, line 15: after that line insert:

SB55-SSA1-SA2,378,12 " Section 12560mb. 104.01 (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,378,14 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

SB55-SSA1-SA2, s. 2560mc Section 2560mc. 104.01 (5) of the statutes is amended to read: