LRBs0620/1
RNK&MGG:cjs&wlj:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 516
March 2, 2006 - Offered by Representative Wieckert.
SB516-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:
SB516-ASA1,2,39
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.
1101.654 and who are involved in, or who have demonstrated an interest in,
2continuing education for building contractors. The members shall be appointed by
3the secretary of commerce for 3-year terms.
SB516-ASA1, s. 3
4Section
3. 101.625 of the statutes is renumbered 101.625 (intro.) and amended
5to read:
SB516-ASA1,2,8
6101.625 Contractor financial responsibility certification council;
7duties. (intro.) The contractor
financial responsibility certification council shall
8recommend do all of the following:
SB516-ASA1,2,15
9(1) Recommend for promulgation by the department rules for certifying the
10financial responsibility of contractors under s. 101.654. These rules shall include
11rules providing for the assessment of fees upon applicants for certification of
12financial responsibility under s. 101.654 and for the suspension and revocation of
13that certification. The amount of the fees recommended under this
section 14subsection may not exceed an amount that is sufficient to defray the costs incurred
15in certifying the financial responsibility of applicants under s. 101.654.
SB516-ASA1,2,1817
101.625
(2) Recommend to the department for approval under s. 101.654 (1m)
18(b) 1. courses that meet continuing education requirements.
SB516-ASA1,2,2120
101.625
(3) Advise the department on the development of course examinations
21for those persons who are required to pass an examination under s. 101.654 (1m) (b).
SB516-ASA1,3,923
101.63
(2) Adopt rules for the certification, including provisions for suspension
24and revocation thereof, of inspectors for the purpose of inspecting building
25construction, electrical wiring, heating, ventilating, air conditioning and other
1systems, including plumbing, as defined in s. 145.01 (10), of one- and 2-family
2dwellings under sub. (1).
The rules shall specify that the department may suspend
3or revoke the certification of an inspector under this subsection for knowingly
4authorizing the issuance of a building permit to a contractor who is not in compliance
5with s. 101.654. Persons certified as inspectors may be employees of the department,
6a city, village, town, county or an independent inspection agency. The department
7may not adopt any rule which prohibits any city, village, town or county from
8licensing persons for performing work on a dwelling in which the licensed person has
9no legal or equitable interest.
SB516-ASA1,3,1311
101.64
(3) Revise the rules under this subchapter after consultation with the
12dwelling code council or with the contractor
financial responsibility certification 13council, as appropriate.
SB516-ASA1,3,1915
101.65
(1m) May not issue a building permit to a person who is required to be
16certified under s. 101.654 unless that person, on applying for a building permit,
17produces a certificate
of financial responsibility issued by the department
or other
18evidence satisfactory to the department showing that the person is in compliance
19with s. 101.654.
SB516-ASA1, s. 9
20Section
9. 101.65 (1r) (intro.) of the statutes is amended to read:
SB516-ASA1,3,2521
101.65
(1r) (intro.) Shall
provide
require an owner who applies for a building
22permit
with to sign a statement advising the owner that if the owner hires a
23contractor to perform work under the building permit and the contractor is not
24bonded or insured as required under s. 101.654 (2) (a), the following consequences
25might occur:
SB516-ASA1,4,3
2101.654 (title)
Contractor financial responsibility certification;
3education.
SB516-ASA1,4,95
101.654
(1) (a) Subject to par. (b), no person may obtain a building permit
6unless the person annually obtains from the department a certificate of financial
7responsibility showing that the person is in compliance with sub. (2)
, completes the
8continuing education requirements described under sub. (1m), and furnishes to the
9issuer of the permit proof of completion of those continuing education requirements.
SB516-ASA1,4,1211
101.654
(1) (c) 1. In this paragraph, "license" has the meaning given in s. 101.02
12(21) (a).
SB516-ASA1,4,1713
2. The continuing education requirements under par. (a) and the rules
14promulgated by the department under sub. (1m) do not apply to any person who
15holds a current license issued by the department at the time that the person obtains
16a building permit if the work the person does under the permit is work for which the
17person is licensed.
SB516-ASA1,4,2119
101.654
(1m) (a) The department shall promulgate rules establishing
20continuing education requirements for persons seeking to obtain a building permit
21under sub. (1) (a).
SB516-ASA1,4,2322
(b) The rules promulgated under this subsection shall require all of the
23following:
SB516-ASA1,5,3
11. Annual completion of at least 6 hours of continuing education relevant to the
2professional area of expertise of the person seeking to obtain a building permit,
3approved by the department.
SB516-ASA1,5,54
2. Attendance at one or more professional meetings or educational seminars
5designed for both building contractors and building inspectors.
SB516-ASA1,5,96
3. For a person who does not hold a certificate of financial responsibility on the
7effective date of this subdivision .... [revisor inserts date], successful completion of
8an examination developed by the department on the continuing education courses
9required under this subsection.
SB516-ASA1,5,1310
(c) The rules promulgated under this subsection may not require a person who
11holds a certificate of financial responsibility on the effective date of this paragraph
12.... [revisor inserts date], to take an examination on the continuing education courses
13required under this subsection.
SB516-ASA1,5,1714
(cm) The rules promulgated under this subsection may not require a person to
15take continuing education courses, or to take an examination on continuing
16education courses, that are not relevant to that person's professional area of
17expertise.
SB516-ASA1,5,2318
(d) Subject to the continuing education requirements under pars. (b) and (c),
19the rules promulgated under par. (a) may specify different continuing education
20course requirements for persons who hold a certificate of financial responsibility on
21the effective date of this paragraph .... [revisor inserts date], and for persons who do
22not hold a certificate of financial responsibility on the effective date of this paragraph
23.... [revisor inserts date].
SB516-ASA1,6,224
(e) The continuing education approved by the department under par. (b) 1. shall
25include courses offered by private organizations with whom the department
1contracts under s. 101.657. The department may approve courses that are offered
2by other states.
SB516-ASA1,6,54
101.654
(5) The department may revoke or suspend a certificate of financial
5responsibility if any of the following apply:
SB516-ASA1,6,76
(a) The holder fails to comply with the continuing education requirements
7specified under subs. (1) and (1m).
SB516-ASA1,6,98
(b) The holder engages in the construction of a dwelling without a permit
9required under this chapter.
SB516-ASA1,6,1010
(c) The holder is convicted of a crime related to the construction of a dwelling.
SB516-ASA1,6,1111
(d) The holder has been adjudged bankrupt on 2 or more occasions.
SB516-ASA1, s. 15
12Section
15.
Effective dates. This act takes effect on the day after publication,
13except as follows:
SB516-ASA1,6,1514
(1)
The treatment of sections 101.65 (1m) and 101.654 (1) (a) of the statutes
15takes effect on January 1, 2008.
