LRBs0563/1
RNK:cjs&wlj:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 980
February 21, 2006 - Offered by Representative Suder.
AB980-ASA1,1,6
1An Act to repeal 15.157 (4);
to renumber and amend 101.625;
to amend
2101.63 (2), 101.64 (3), 101.65 (1m), 101.65 (1r) (intro.), 101.654 (title) and
3101.654 (1) (a); and
to create 15.157 (5), 101.625 (2), 101.625 (3), 101.654 (1)
4(c), 101.654 (1m) and 101.654 (5) of the statutes;
relating to: continuing
5education and certification requirements for building contractors and
6certification of building inspectors and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB980-ASA1,2,29
15.157
(5) Contractor certification council. There is created in the
10department of commerce a contractor certification council consisting of 3 members
11who are building contractors holding certificates of financial responsibility under s.
12101.654 and who are involved in, or who have demonstrated an interest in,
1continuing education for building contractors. The members shall be appointed by
2the secretary of commerce for 3-year terms.
AB980-ASA1, s. 3
3Section
3. 101.625 of the statutes is renumbered 101.625 (intro.) and amended
4to read:
AB980-ASA1,2,7
5101.625 Contractor financial responsibility certification council;
6duties. (intro.) The contractor
financial responsibility certification council shall
7recommend do all of the following:
AB980-ASA1,2,14
8(1) Recommend for promulgation by the department rules for certifying the
9financial responsibility of contractors under s. 101.654. These rules shall include
10rules providing for the assessment of fees upon applicants for certification of
11financial responsibility under s. 101.654 and for the suspension and revocation of
12that certification. The amount of the fees recommended under this
section 13subsection may not exceed an amount that is sufficient to defray the costs incurred
14in certifying the financial responsibility of applicants under s. 101.654.
AB980-ASA1,2,1716
101.625
(2) Recommend to the department for approval under s. 101.654 (1m)
17(b) 1. courses that meet continuing education requirements.
AB980-ASA1,2,2019
101.625
(3) Advise the department on the development of course examinations
20for those persons who are required to pass an examination under s. 101.654 (1m) (b).
AB980-ASA1,3,822
101.63
(2) Adopt rules for the certification, including provisions for suspension
23and revocation thereof, of inspectors for the purpose of inspecting building
24construction, electrical wiring, heating, ventilating, air conditioning and other
25systems, including plumbing, as defined in s. 145.01 (10), of one- and 2-family
1dwellings under sub. (1).
The rules shall specify that the department may suspend
2or revoke the certification of an inspector under this subsection for knowingly
3authorizing the issuance of a building permit to a contractor who is not in compliance
4with s. 101.654. Persons certified as inspectors may be employees of the department,
5a city, village, town, county or an independent inspection agency. The department
6may not adopt any rule which prohibits any city, village, town or county from
7licensing persons for performing work on a dwelling in which the licensed person has
8no legal or equitable interest.
AB980-ASA1,3,1210
101.64
(3) Revise the rules under this subchapter after consultation with the
11dwelling code council or with the contractor
financial responsibility certification 12council, as appropriate.
AB980-ASA1,3,1814
101.65
(1m) May not issue a building permit to a person who is required to be
15certified under s. 101.654 unless that person, on applying for a building permit,
16produces a certificate
of financial responsibility issued by the department
or other
17evidence satisfactory to the department showing that the person is in compliance
18with s. 101.654.
AB980-ASA1, s. 9
19Section
9. 101.65 (1r) (intro.) of the statutes is amended to read:
AB980-ASA1,3,2420
101.65
(1r) (intro.) Shall
provide
require an owner who applies for a building
21permit
with to sign a statement advising the owner that if the owner hires a
22contractor to perform work under the building permit and the contractor is not
23bonded or insured as required under s. 101.654 (2) (a), the following consequences
24might occur:
AB980-ASA1,4,2
1101.654 (title)
Contractor financial responsibility certification;
2education.
AB980-ASA1,4,84
101.654
(1) (a) Subject to par. (b), no person may obtain a building permit
5unless the person annually obtains from the department a certificate of financial
6responsibility showing that the person is in compliance with sub. (2)
, completes the
7continuing education requirements described under sub. (1m), and furnishes to the
8issuer of the permit proof of completion of those continuing education requirements.
AB980-ASA1,4,1110
101.654
(1) (c) 1. In this paragraph, "license" has the meaning given in s. 101.02
11(21) (a).
AB980-ASA1,4,1612
2. The continuing education requirements under par. (a) and the rules
13promulgated by the department under sub. (1m) do not apply to any person who
14holds a current license issued by the department at the time that the person obtains
15a building permit if the work the person does under the permit is work for which the
16person is licensed.
AB980-ASA1,4,2018
101.654
(1m) (a) The department shall promulgate rules establishing
19continuing education requirements for persons seeking to obtain a building permit
20under sub. (1) (a).
AB980-ASA1,4,2221
(b) The rules promulgated under this subsection shall require all of the
22following:
AB980-ASA1,4,2523
1. Annual completion of at least 6 hours of continuing education relevant to the
24professional area of expertise of the person seeking to obtain a building permit,
25approved by the department.
AB980-ASA1,5,2
12. Attendance at one or more professional meetings or educational seminars
2designed for both building contractors and building inspectors.
AB980-ASA1,5,63
3. For a person who does not hold a certificate of financial responsibility on the
4effective date of this subdivision .... [revisor inserts date], successful completion of
5an examination developed by the department on the continuing education courses
6required under this subsection.
AB980-ASA1,5,107
(c) The rules promulgated under this subsection may not require a person who
8holds a certificate of financial responsibility on the effective date of this paragraph
9.... [revisor inserts date], to take an examination on the continuing education courses
10required under this subsection.
AB980-ASA1,5,1411
(cm) The rules promulgated under this subsection may not require a person to
12take continuing education courses, or to take an examination on continuing
13education courses, that are not relevant to that person's professional area of
14expertise.
AB980-ASA1,5,2015
(d) Subject to the continuing education requirements under pars. (b) and (c),
16the rules promulgated under par. (a) may specify different continuing education
17course requirements for persons who hold a certificate of financial responsibility on
18the effective date of this paragraph .... [revisor inserts date], and for persons who do
19not hold a certificate of financial responsibility on the effective date of this paragraph
20.... [revisor inserts date].
AB980-ASA1,5,2421
(e) The continuing education approved by the department under par. (b) 1. shall
22include courses offered by private organizations with whom the department
23contracts under s. 101.657. The department may approve courses that are offered
24by other states.
AB980-ASA1,6,2
1101.654
(5) The department may revoke or suspend a certificate of financial
2responsibility if any of the following apply:
AB980-ASA1,6,43
(a) The holder fails to comply with the continuing education requirements
4specified under subs. (1) and (1m).
AB980-ASA1,6,65
(b) The holder engages in the construction of a dwelling without a permit
6required under this chapter.
AB980-ASA1,6,77
(c) The holder is convicted of a crime related to the construction of a dwelling.
AB980-ASA1,6,88
(d) The holder has been adjudged bankrupt on 2 or more occasions.
AB980-ASA1, s. 15
9Section
15.
Effective dates. This act takes effect on the day after publication,
10except as follows:
AB980-ASA1,6,1211
(1)
The treatment of sections 101.65 (1m) and 101.654 (1) (a) of the statutes
12takes effect on January 1, 2008.
