Amendment SSA1-SB228

SB228-SSA1,3,11 101.19 (1) (m) The registration of contractors and subcontractors under subch. VIII.

SB228-SSA1, s. 4 Section 4. Subchapter VIII of chapter 101 [precedes 101.99] of the statutes is created to read:

SB228-SSA1,3,14 chapter 101

SB228-SSA1,3,17 subchapter VIII regulation of construction contractors and subcontractors

SB228-SSA1,3,18 101.99 Definitions. In this subchapter:

SB228-SSA1,3,24 (1) "Construction activities" means activities associated with building, repairing, or remodeling a structure that serves as a place of employment, a public building, or a dwelling. "Construction activities" includes erection of scaffolding, painting, and installation of wall finishes. "Construction activities" does not include the practice of architecture or engineering, the design of a structure or its components, or the delivery of supplies or materials.

SB228-SSA1,4,3 (2) "Contractor" means a person who engages, or offers to engage, in the business of construction and who contracts with the owner or lessor of a place of employment, a public building, or a dwelling to perform construction activities.

SB228-SSA1,4,4 (3) "Dwelling" has the meaning given in s. 101.61 (1).

SB228-SSA1,4,6 (4) "Subcontractor" means a person who enters into a contract with a contractor or subcontractor to perform construction activities.

SB228-SSA1,4,8 101.991 Departmental powers and duties. The department shall do all of the following:

SB228-SSA1,4,11 (1) Register, and issue a unique registration number to, any person who desires to act as a contractor or a subcontractor and who meets the requirements for registration established by the department under this subchapter.

SB228-SSA1,4,13 (2) Establish an Internet site that consumers may use to determine all of the following:

SB228-SSA1,4,15 (a) The name and address of every contractor and subcontractor registered by the department under this subchapter.

SB228-SSA1,4,17 (b) The name of the contact person for every contractor and subcontractor registered by the department under this subchapter.

SB228-SSA1,4,20 (c) Whether a contractor or subcontractor registered by the department under this subchapter carries a performance bond or other financial assurance to ensure the work of the contractor or subcontractor.

SB228-SSA1,4,21 (3) Promulgate rules establishing all of the following:

SB228-SSA1,4,22 (a) Standards for the registration of contractors and subcontractors.

SB228-SSA1,4,24 (b) Application procedures for persons applying for registration under this subchapter.

SB228-SSA1,5,2 (c) Conditions under which the department may suspend or revoke the registration of a contractor or subcontractor.

SB228-SSA1,5,5 101.992 Prohibitions. (1) No person may hold himself or herself out or act as a contractor or subcontractor unless that person is registered as a contractor or subcontractor by the department under this subchapter.

SB228-SSA1,5,6 (2) No contractor or subcontractor may do any of the following:

SB228-SSA1,5,9 (a) Knowingly and with intent to evade any state or federal law, rule, or regulation coerce or induce a person to falsely declare that he or she is an independent contractor.

SB228-SSA1,5,12 (b) Claim or maintain an action to enforce a lien described under s. 779.01 (3) if the contractor or subcontractor was not registered, as required under this subchapter, at the time the construction activities were performed.

SB228-SSA1,5,17 (3) No contractor may claim or maintain an action to enforce a lien described under s. 779.01 (3) for construction activities performed by another person if that person performed those construction activities under a contract with the contractor and that person was not registered, as required under this subchapter, at the time that the person performed the construction activities.

SB228-SSA1,5,22 (4) No subcontractor may claim or maintain an action to enforce a lien described under s. 779.01 (3) for construction activities performed by another person if that person performed those construction activities under a contract with the subcontractor and that person was not registered, as required under this subchapter, at the time that the person performed the construction activities.

SB228-SSA1,5,24 101.993 Requirements. Every person who is registered as a contractor or subcontractor by the department under this subchapter shall do all of the following:

SB228-SSA1,6,2 (1) Display his or her registration number at his or her principal place of business.

SB228-SSA1,6,4 (2) Include his or her registration number on all construction bids and contracts and on all advertising.

SB228-SSA1,6,6 101.994 Registration term. Registration under this subchapter shall be valid for a period of not more than 4 years and shall be renewable.

SB228-SSA1,6,9 101.995 Penalties. (1) The department may directly assess a forfeiture by issuing an order against any person who violates s. 101.992 or 101.993. The department may not assess a forfeiture exceeding $2,000 for each violation.

SB228-SSA1,6,11 (2) The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under this section including the following:

SB228-SSA1,6,12 (a) The procedure for issuing an order for an alleged violation.

SB228-SSA1,6,14 (b) The amount of a forfeiture that the department may assess for an alleged violation, subject to the limit under sub. (1).

SB228-SSA1,6,15 (c) The procedure for contesting an order issued for an alleged violation.

SB228-SSA1,6,17 (d) The procedure for contesting the assessment of a forfeiture for an alleged violation.

SB228-SSA1,6,19 (3) The department shall remit all forfeitures paid under this section to the secretary of administration for deposit in the school fund.

SB228-SSA1,6,21 (4) All forfeitures that are not paid as required under this section shall accrue interest at the rate of 12 percent per year.

SB228-SSA1,6,25 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this subsection if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews.

SB228-SSA1, s. 5 Section 5 . Nonstatutory provisions.

SB228-SSA1,7,8 (1) Rules. No later than the first day of the 12th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules required under sections 101.991 (3) and 101.995 (2) 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 proposed rules.

SB228-SSA1,7,20 (2) Contractor advisory committee. There is created a contractor advisory committee that shall consist of 7 members appointed by the secretary of commerce. Of the members appointed to the committee, 4 members shall be contractors, as defined in section 101.99 (2) of the statutes, as created by this act, or subcontractors, as defined in section 101.99 (4) of the statutes, as created by this act, 2 members shall be representatives of labor unions, and one member shall be a public member. The committee shall make recommendations to the department of commerce regarding the promulgation of rules under sections 101.991 (3) and 101.995 (2) of the statutes, as created by this act. The committee shall cease to exist on the first day of the 12th month beginning after the day on which the rules required under sections 101.991 (3) and 101.995 (2) of the statutes, as created by this act, are promulgated by the department of commerce.

SB228-SSA1, s. 6 Section 6. Effective dates. This act takes effect on the first day of the 24th month beginning after publication, except as follows:

SB228-SSA1,7,23 (1) Section 5 (1 ) and (2) of this act take effect on the day after publication.

SB228-SSA1,7,24 (End)