This substitute amendment requires Commerce to issue licenses for the
operation of cranes and certain pieces of heavy equipment. The substitute
amendment defines a piece of "heavy equipment" to be a piece of equipment that
weighs at least 26,000 pounds and that is used to do certain construction activities.
The substitute amendment requires that Commerce promulgate a rule that contains
an initial listing of specific types of equipment for which a license is necessary
(regulated heavy equipment). The substitute amendment establishes a crane and
heavy equipment council (council) which may make recommendations to Commerce
on specific types of equipment that may be added to the list by rule. The council may
make other recommendations to Commerce for rules relating to the operation of
cranes and heavy equipment. Certain types of cranes and specific pieces of heavy

equipment are totally exempt from licensure regulation and may not be added to the
list promulgated by Commerce.
The substitute amendment creates four different licenses: a crane operator
license, a heavy equipment operator license, an apprentice crane operator license,
and an apprentice heavy equipment operator license. For all four of these licenses,
an individual must be at least 18 years old at the time the license is issued and may
not have had any license or other permission to operate a crane or any piece of heavy
equipment suspended or revoked by Commerce or by another comparable licensing
agency, and must meet certain training and experience requirements.
For the crane operator license, an individual must have obtained certification
from an accredited program that certifies crane operators, and have successfully
completed an apprenticeship program that is recognized by the U.S. Department of
Labor. He or she must also have 1,000 hours of experience in the five-year period
immediately preceding the date of application for the license or 5,000 hours of
experience during his or her lifetime. The substitute amendment imposes
requirements as to the maximum amount of hours that may be counted as
"crane-related experience" as opposed to hours spent actually operating a crane.
Under the substitute amendment, hours of "crane-related experience" includes
hours spent in receiving or giving instruction through a recognized apprenticeship
program and hours spent at a work site doing activities that increase an individual's
knowledge and skill in crane operation.
For a license to operate regulated heavy equipment, an individual must have
completed an apprenticeship program that is recognized by the U.S. Department of
Labor. He or she must also have 1,000 hours experience in the five-year period
immediately preceding the date of application for the license or 5,000 hours of
experience during his or her lifetime. The substitute amendment imposes
requirements as to the maximum number of hours that may be counted as experience
operating unregulated heavy equipment as opposed to hours spent operating
regulated heavy equipment. Unregulated heavy equipment are pieces of heavy
equipment for which a license is not necessary.
The crane operator and heavy equipment operator licenses are valid for five
years and are renewable if an individual has operated cranes or regulated heavy
equipment for at least 1,000 hours during the period of the license and has not had
the license suspended or revoked and has not violated any law relating to the
operation of cranes or heavy equipment.
For an apprentice crane operator license or apprentice heavy equipment
operator license, the individual must be enrolled in a training program recognized
by the U.S. Department of Labor. These two apprenticeship licenses are valid for
four years.
The licensing requirements apply only to public works projects where
prevailing wage requirements apply. Under the current prevailing wage law, certain
laborers, workers, mechanics, and truck drivers employed on a state or local project
of public works must be paid at the rate paid for a majority of the hours worked in
the person's trade or occupation in the county in which the project is located, as
determined by the Department of Workforce Development.

The substitute amendment provides that if there are standards established by
the federal Occupational Safety and Health Administration (OSHA) that apply to
licensing operators of cranes or heavy equipment, the licensing requirements
created in this substitute amendment may not be implemented unless Commerce
receives federal approval.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB665-SSA1, s. 1 1Section 1. 15.157 (16) of the statutes is created to read:
SB665-SSA1,3,42 15.157 (16) Crane and heavy equipment council. (a) There is created in the
3department of commerce a crane and heavy equipment council consisting of the
4following members appointed for 3-year terms:
SB665-SSA1,3,75 1. Two members who represent an affiliation of local labor organizations, as
6defined in s. 111.32 (9) (a), whose members are construction craft laborers working
7across the state.
SB665-SSA1,3,128 2. Two members who represent a labor organization, as defined in s. 111.32 (9)
9(a), whose members have been historically and are regularly engaged in the
10operation of cranes and of heavy equipment, each of whom is actively involved in
11providing, or in administering the provision of, skills improvement and
12apprenticeship training programs.
SB665-SSA1,3,1513 3. Two members who represent an association that is involved in the building
14of transportation systems across the state and whose membership includes
15employers of operators of cranes and of heavy equipment.
SB665-SSA1,3,1916 4. One member who represents an association that is involved in the building
17construction industry throughout the state and whose membership includes persons
18who employ operators of cranes and heavy equipment who are members of local labor
19organizations, as defined in s. 111.32 (9) (a).
SB665-SSA1,4,4
15. One member who represents an association that is involved in the building
2construction industry throughout the state and whose membership includes persons
3who employ operators of cranes and heavy equipment who are not members of local
4labor organizations, as defined in s. 111.32 (9) (a).
SB665-SSA1,4,55 6. The secretary of commerce or his or her designee.
SB665-SSA1,4,66 (b) The council shall meet at least 2 times a year.
SB665-SSA1, s. 2 7Section 2. 101.02 (20) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
8is amended to read:
SB665-SSA1,4,159 101.02 (20) (a) For purposes of this subsection, "license" means a license,
10permit, or certificate of certification or registration issued by the department under
11ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.138, 101.143 (2) (g), 101.147, 101.15
12(2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m),
13101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951,
14101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165,
15145.17, 145.175, 145.18, or 167.10 (6m).
SB665-SSA1, s. 3 16Section 3. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
17is amended to read:
SB665-SSA1,4,2418 101.02 (21) (a) In this subsection, "license" means a license, permit, or
19certificate of certification or registration issued by the department under s. 101.09
20(3) (c), 101.122 (2) (c), 101.136, 101.138, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16
21(3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or
22(6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3),
23145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or
24167.10 (6m).
SB665-SSA1, s. 4 25Section 4. 101.138 of the statutes is created to read:
SB665-SSA1,5,2
1101.138 Regulation of crane and heavy equipment operators. (1)
2Definitions. In this section:
SB665-SSA1,5,53 (ab) "Apprentice instruction" means receiving or giving instruction through a
4recognized apprenticeship program and includes classroom instruction, instruction
5in the field, and continuing education.
SB665-SSA1,5,66 (ad) "Council" means the crane and heavy equipment council.
SB665-SSA1,5,107 (ag) "Crane" means any power-operated hoisting machine that can lift, rotate,
8or move a suspended load horizontally or vertically, including a derrick, a jib hoist,
9and a gantry and any other type of power-operated hoisting machine designated by
10rule by the department.
SB665-SSA1,5,1611 (am) "Exempt entity" means a public utility, as defined in s. 196.01 (5), a
12cooperative association organized under ch. 185 for the purpose of producing or
13furnishing heat, light, power, or water to its members only, a telecommunications
14carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as
15defined in s. 196.01 (2g), or an alternative telecommunications utility, as defined in
16s. 196.01 (1d) (f).
SB665-SSA1,5,2217 (b) "Heavy equipment" means a piece of equipment that is not a crane, that has
18a dry weight, as determined by the manufacturer of the equipment, of 26,000 pounds
19or more, and that is used to move, compact, break, place, or grade construction
20materials, earth, or other heavy materials, that is used to clear or grade land, that
21is used to excavate or dig earth or other heavy materials, or that is used to drive
22vertically into the earth.
SB665-SSA1,5,2323 (d) "Operate" means to operate, assemble, maintain, or disassemble.
SB665-SSA1,5,2524 (e) "Public works project" means a project to which s. 66.0903, 103.49, or 103.50
25applies.
SB665-SSA1,6,3
1(eg) "Recognized apprenticeship program" means an apprenticeship program
2in the heavy equipment operating engineer program that is recognized by the U.S.
3department of labor.
SB665-SSA1,6,64 (er) "Registered training employer" means any person who is registered as a
5heavy equipment operating engineer trainer with the department of workforce
6development for the purpose of a recognized apprenticeship program.
SB665-SSA1,6,87 (f) "Regulated heavy equipment" means the types of heavy equipment that are
8designated by rule by the department under sub. (10) (b).
SB665-SSA1,6,109 (g) "Unregulated heavy equipment" means types of heavy equipment that are
10not designated by rule by the department under sub. (10) (b).
SB665-SSA1,6,17 11(2) Licenses required. (a) Beginning on the first day of the 24th month
12beginning after the effective date of this paragraph .... [LRB inserts date], no
13individual may operate a crane for construction, renovation, grading, or demolition
14purposes unless the individual holds a valid license issued under sub. (4) or (6) or
15renewal under sub. (9). If an individual holds an apprentice license issued under sub.
16(6), he or she may not operate the crane unless he or she is being supervised by
17another individual who holds a valid crane operator license issued under sub. (4).
SB665-SSA1,6,2518 (b) Beginning on the first day of the 24th month beginning after the effective
19date of this paragraph .... [LRB inserts date], no individual may operate a piece of
20regulated heavy equipment for construction, renovation, grading, or demolition
21purposes unless the individual holds a valid license issued under sub. (7) or (8) or
22renewal under sub. (9). If an individual holds an apprentice license issued under sub.
23(8), he or she may not operate the piece of regulated heavy equipment unless he or
24she is being supervised by another individual who holds a valid heavy equipment
25operator license issued under sub. (7).
SB665-SSA1,7,2
1(c) The licensing requirements under this section apply only to individuals
2operating cranes or regulated heavy equipment as part of a public works project.
SB665-SSA1,7,5 3(3) Exemptions from licensing requirements. (a) An individual is exempt
4from all of the licensing requirements under subs. (4) to (8) while operating any of
5the following:
SB665-SSA1,7,86 1. A crane or a piece of heavy equipment if the individual is an employee or is
7a subcontractor of an exempt entity and the individual is acting within the scope of
8his or her employment or of the applicable contract.
SB665-SSA1,7,109 2. A crane or a piece of heavy equipment that is being used in the construction,
10maintenance, or running of an electric substation.
SB665-SSA1,7,1311 3. A crane or a piece of heavy equipment that is being used in the construction,
12maintenance, or running of lighting or signals for railroads, airports, and public
13thoroughfares.
SB665-SSA1,7,1414 4. A piece of heavy equipment used for tunneling horizontally underground.
SB665-SSA1,7,1515 5. A piece of heavy equipment used to remove snow.
SB665-SSA1,7,1716 5m. A piece of heavy equipment to perform minor service or maintenance work,
17as defined in s. 66.0903 (1) (dr).
SB665-SSA1,7,1818 6. A forklift or telehandler.
SB665-SSA1,7,2319 7. A piece of heavy equipment that is being used to erect a sheltered enclosure
20or to place, at the same time the sheltered enclosure is being erected, private on-site
21underground utilities or holding tanks to service the enclosed structure. This
22exemption does not apply to a piece of heavy equipment that is being used for
23excavation or backfilling for erecting the sheltered enclosure.
SB665-SSA1,7,2524 8. A vehicle with a hoisting boom that is used to load, unload, deliver, place, or
25remove goods or materials at a work site that has a sheltered enclosure.
SB665-SSA1,8,6
19. A piece of heavy equipment that is used for drilling into the earth for a
2groundwater well that is intended to provide water for human consumption if the
3individual operating the piece of heavy equipment is a well driller licensed under s.
4280.15 (2m), a drilling rig operator registered under s. 280.15 (3g), or an individual
5supervised, as required under s. 280.15 (3r), by a licensed well driller or drilling rig
6operator.
SB665-SSA1,8,97 10. A truck with a hoisting boom with a lifting capacity of not more than 10,000
8pounds that is used to assist in loading, unloading, delivering, placing, or removing
9large items that are necessary to service heavy equipment.
SB665-SSA1,8,1110 11. An excavator that is used solely as part of the manufacturing process at a
11permanent manufacturing facility.
SB665-SSA1,8,1612 12. A piece of heavy equipment that is being used to deliver and unload concrete
13road barriers or dividers to a public works site involving roadway construction,
14repair, or maintenance. This exemption does not apply to a piece of heavy equipment
15that is being used to load such barriers or dividers or to place or remove such barriers
16or dividers on or from a roadway.
SB665-SSA1,8,1917 (b) An individual is exempt from all of the licensing requirements under subs.
18(4) to (6) while assembling or disassembling a mobile crane or a tower crane if any
19of the following apply:
SB665-SSA1,8,2020 1. He or she is under the supervision of an individual licensed under sub. (4).
SB665-SSA1,8,2321 2. He or she is performing maintenance on the crane that does not require the
22crane to move and he or she is under the supervision of maintenance personnel who
23are working at the work site.
SB665-SSA1,9,3
1(4) Licensing qualifications; crane operators. The department shall issue a
2crane operator license to each individual who meets all of the following
3requirements:
SB665-SSA1,9,44 (a) The individual is at least 18 years old.
SB665-SSA1,9,55 (b) The individual has one of the following:
SB665-SSA1,9,96 1. Successfully completed a recognized apprenticeship program during which,
7as part of the program, the individual has at least a total of 500 verifiable hours with
8at least 250 hours in actually operating a crane and not more than 250 hours in
9crane-related experience.
SB665-SSA1,9,1710 1m. At least 1,000 verifiable hours relating to operating a crane in the 5-year
11period immediately preceding his or her application for the license, with at least 400
12hours in actually operating a crane and not more than 600 hours in crane-related
13experience. Of the hours in crane-related experience, not more than 300 hours may
14be hours spent in apprentice instruction related to operating cranes. If any of the
15verifiable hours in crane-related experience is not obtained in the employment of a
16registered training employer, at least 40 hours must be obtained through apprentice
17instruction relating to operating cranes.
SB665-SSA1,9,2418 2. At least 5,000 verifiable hours related to operating a crane in his or her
19lifetime, with at least 2,500 hours in actually operating a crane and not more than
202,500 hours in crane-related experience. Of the hours in crane-related experience,
21not more than 1,250 hours may be hours spent in apprentice instruction related to
22operating cranes. If any of the verifiable hours in crane-related experience is not
23obtained in the employment of a registered training employer, at least 40 hours must
24be obtained through apprentice instruction relating to operating cranes.
SB665-SSA1,9,25
1(c) The individual has obtained certification from a program of certification of
2crane operators that is accredited by the National Commission for Certifying
3Agencies or from an equivalent accrediting body approved by the department. The
4certification process shall require passing both a written and practical examination.
SB665-SSA1,10,85 (e) The individual does not have a license, certification, or other permission to
6operate a crane or heavy equipment issued by the department or by a comparable
7licensing agency in another jurisdiction that is suspended or revoked at the time of
8application.
SB665-SSA1,10,14 9(5) Endorsement qualifications; tower crane operators. The department
10shall issue a tower crane operator endorsement to each individual who holds a valid
11license issued under sub. (4) and who has obtained certification from a program of
12certification for operating tower cranes that is accredited by the National
13Commission for Certifying Agencies or from an equivalent accrediting body
14approved by the department.
SB665-SSA1,10,17 15(6) Licensing qualifications; apprentice crane operators. The department
16shall issue an apprentice crane operator license to each individual who meets all of
17the following requirements:
SB665-SSA1,10,1818 (a) The individual is at least 18 years old.
SB665-SSA1,10,1919 (b) The individual is enrolled in a recognized apprenticeship program.
SB665-SSA1,10,2320 (c) The individual does not have a license, certification, or other permission to
21operate a crane or heavy equipment issued by the department or by a comparable
22licensing agency in another jurisdiction that is suspended or revoked at the time of
23application.
SB665-SSA1,11,3
1(7) Licensing qualifications; heavy equipment operators. The department
2shall issue a heavy equipment license to each individual who meets all of the
3following requirements:
SB665-SSA1,11,44 (a) The individual is at least 18 years old.
SB665-SSA1,11,55 (b) The individual has one of the following:
SB665-SSA1,11,66 1. Successfully completed a recognized apprenticeship program.
SB665-SSA1,11,127 1m. At least a total of 1,000 verifiable hours of experience in operating heavy
8equipment in the 5-year period immediately preceding his or her application for the
9license, with at least 500 hours in operating regulated heavy equipment and not
10more than 500 hours in operating unregulated heavy equipment. Of the hours spent
11in operating unregulated heavy equipment, not more than 250 hours may be hours
12spent in apprentice instruction related to operating heavy equipment.
SB665-SSA1,11,1813 2. At least a total of 5,000 verifiable hours of experience in operating heavy
14equipment in his or her lifetime, with at least 2,500 hours in operating regulated
15heavy equipment and no more than 2,500 hours in operating unregulated heavy
16equipment. Of the hours spent in operating unregulated heavy equipment, not more
17than 1,250 hours may be hours spent in apprentice instruction related to operating
18heavy equipment.
SB665-SSA1,11,2219 (d) The individual does not have a license, certification, or other permission to
20operate a crane or heavy equipment issued by the department or by a comparable
21licensing agency in another jurisdiction that is suspended or revoked at the time of
22application.
SB665-SSA1,11,25 23(8) Licensing qualifications; apprentice heavy equipment operators. The
24department shall issue an apprentice heavy equipment operator license to each
25individual who meets all of the following requirements:
SB665-SSA1,11,26
1(a) The individual is at least 18 years old.
SB665-SSA1,12,32 (b) The individual is enrolled in a training program on the operation of heavy
3equipment recognized by the U.S. department of labor.
SB665-SSA1,12,74 (c) The individual does not have a license, certification, or other permission to
5operate a crane or heavy equipment issued by the department or by a comparable
6licensing agency in another jurisdiction that is suspended or revoked at the time of
7application.
SB665-SSA1,12,10 8(9) Period of validity; renewals. (a) A license issued under sub. (4) or (7) shall
9be valid for a period of 5 years. A license issued under sub. (6) or (8) shall be valid
10for a period of 4 years.
SB665-SSA1,12,1211 (b) The department shall renew a crane operator license if all of the following
12apply:
SB665-SSA1,12,1713 1. The holder of the license has at least 1,000 verifiable hours of experience in
14operating a crane in the 5-year period immediately preceding his or her application
15for renewal. If more than 500 of these verifiable hours are not obtained in the
16employment of a registered training employer, at least 40 hours must be obtained
17through apprentice instruction relating to operating cranes.
SB665-SSA1,12,1818 2. The holder's license issued under sub. (4) has not been suspended or revoked.
SB665-SSA1,12,2019 3. The holder of the license has not violated any provision under this section,
20or rules promulgated under this section.
SB665-SSA1,12,2221 (c) The department shall renew a heavy equipment operator license if all of the
22following apply:
SB665-SSA1,13,423 1. The holder of the license has at least 1,000 verifiable hours of experience in
24operating heavy equipment in the 5-year period immediately preceding his or her
25application for renewal. Of these verifiable hours, at least 200 hours must be hours

1spent in operating regulated heavy equipment. If more than 500 of these verifiable
2hours are not obtained in the employment of a registered training employer, at least
340 hours must be obtained through apprentice instruction relating to operating
4heavy equipment.
SB665-SSA1,13,55 2. The holder's license issued under sub. (7) has not been suspended or revoked.
SB665-SSA1,13,76 3. The holder of the license has not violated any provision under this section,
7or rules promulgated under this section.
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