Amendment ASA1-AB201

LRBs0170/1

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2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 201

November 22, 2011 - Offered by Representative A. Ott.

AB201-ASA1,1,7 An Act to renumber 280.13 (6); to renumber and amend 280.15 (2m) (b) and 280.15 (3g) (b); to amend 280.13 (1) (a), 280.13 (2) (d), 280.15 (title), 280.15 (1) (a) (intro.), 280.15 (1) (am), 280.15 (1) (b), 280.15 (3r) (a), 280.15 (4), 280.98 (2), 443.14 (12m) and 470.025 (9); to repeal and recreate chapter 280 (title); and to create 280.01 (1m), 280.01 (2c), 280.13 (1) (cm) and 280.13 (6) (b) of the statutes; relating to: regulation of persons engaged in the construction of heat exchange drillholes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB201-ASA1, s. 1 Section 1. Chapter 280 (title) of the statutes is repealed and recreated to read:

AB201-ASA1,1,9 CHAPTER 280

AB201-ASA1,1,11 Well drilling, pump installing, and drillhole construction

AB201-ASA1, s. 2 Section 2. 280.01 (1m) of the statutes is created to read:

AB201-ASA1,2,4 280.01 (1m) "Drillhole construction" means the industry and procedure employed in making heat exchange drillholes for the purpose of closed loop heat exchange.

AB201-ASA1, s. 3 Section 3. 280.01 (2c) of the statutes is created to read:

AB201-ASA1,2,7 280.01 (2c) "Heat exchange drillhole" means an excavation or opening that is deeper than it is wide, that extends more than 25 feet below the ground surface.

AB201-ASA1, s. 4 Section 4. 280.13 (1) (a) of the statutes is amended to read:

AB201-ASA1,2,13 280.13 (1) (a) Employ a competent supervisor to supervise and inspect all well drilling and, pump installing, and drillhole construction operations and aid in the enforcement of all laws and rules governing the well drilling and, pump installing, and drillhole construction industries. The department may also employ assistants, prescribe their respective qualifications and salaries and assign their duties.

AB201-ASA1, s. 5 Section 5. 280.13 (1) (cm) of the statutes is created to read:

AB201-ASA1,2,18 280.13 (1) (cm) Inspect at reasonable hours heat exchange drillholes and equipment relating to the construction of heat exchange drillholes on private or public property and order necessary corrections and repairs relating to that construction.

AB201-ASA1, s. 6 Section 6. 280.13 (2) (d) of the statutes is amended to read:

AB201-ASA1,2,22 280.13 (2) (d) Been found guilty in any civil or criminal proceeding of any action constituting fraud in connection with the well driller's or pump installer's well drilling or, drillhole construction, or pump installing operations.

AB201-ASA1, s. 7 Section 7. 280.13 (6) of the statutes is renumbered 280.13 (6) (a).

AB201-ASA1, s. 8 Section 8. 280.13 (6) (b) of the statutes is created to read:

AB201-ASA1,3,5 280.13 (6) (b) No individual whose well driller's license has been revoked under this section may, during the period in which the revocation is effective, engage in any drillhole construction activity except under the direct supervision of a licensed well driller and as an employee of a licensed well driller or a registered well drilling business.

AB201-ASA1, s. 9 Section 9. 280.15 (title) of the statutes is amended to read:

AB201-ASA1,3,8 280.15 (title) Well drilling and , pump installing, and drillhole construction; registration; licensing; qualifications; fee.

AB201-ASA1, s. 10 Section 10. 280.15 (1) (a) (intro.) of the statutes is amended to read:

AB201-ASA1,3,15 280.15 (1) (a) Registration requirement. (intro.) No person may engage in the business of well drilling or pump installing drillhole construction in this state unless the person obtains registration under this paragraph as a well drilling business or and no person may engage in the business of pump installing in this state unless the person obtains registration under this paragraph as a pump installing business, except as follows:

AB201-ASA1, s. 11 Section 11. 280.15 (1) (am) of the statutes is amended to read:

AB201-ASA1,3,25 280.15 (1) (am) Prerequisite. The department may not grant registration under par. (a) to a person to engage in the business of well drilling or to engage in the business of drillhole construction unless the person is a licensed well driller, a licensed well driller has an ownership interest in the business, or the person employs or contracts with a licensed well driller. The department may not grant registration under par. (a) to a person to engage in the business of pump installing unless the person is a licensed pump installer, a licensed pump installer has an ownership interest in the business, or the person employs or contracts with a licensed pump installer.

AB201-ASA1, s. 12 Section 12. 280.15 (1) (b) of the statutes is amended to read:

AB201-ASA1,4,8 280.15 (1) (b) Application. A person who seeks to register a well drilling business or pump installing business shall apply to the department for registration of each place of business or retail outlet he or she operates as a well drilling business, pump installing business, or drillhole construction business or both any combination of those businesses, upon forms prepared by the department for this purpose. The application shall be accompanied by a registration fee for each place of business or retail outlet included in the application.

AB201-ASA1, s. 13 Section 13. 280.15 (2m) (b) of the statutes is renumbered 280.15 (2m) (b) (intro.) and amended to read:

AB201-ASA1,4,12 280.15 (2m) (b) Renewal. (intro.) In order to retain his or her license as a well driller or pump installer an individual shall comply do all of the following:

AB201-ASA1,4,17 1. Comply with requirements for continuing education promulgated by the department by rule and shall apply. The continuing education requirements promulgated by the department under this subdivision shall require an individual who engages in drillhole construction to have training, as specified by the department, both in drilling wells and in drillhole construction.

AB201-ASA1,4,19 2. Apply for license renewal and pay the required license fees under par. (c) annually on or before January 1.

AB201-ASA1, s. 14 Section 14. 280.15 (3g) (b) of the statutes is renumbered 280.15 (3g) (b) (intro.) and amended to read:

AB201-ASA1,4,23 280.15 (3g) (b) Renewal. (intro.) In order to retain registration as a drilling rig operator an individual shall complete do all of the following:

AB201-ASA1,4,24 1. Complete training approved by the department and comply.

AB201-ASA1,5,6 2. Comply with requirements for continuing education promulgated by the department by rule and shall apply. The continuing education requirements promulgated by the department under this subdivision shall require an individual who operates a drilling rig with regard to drillhole construction to have training, as specified by the department, in drilling rig operation both with regard to drilling wells and with regard to drillhole construction.

AB201-ASA1,5,8 3. Apply for registration renewal and pay a fee of $25 annually on or before January 1.

AB201-ASA1, s. 15 Section 15. 280.15 (3r) (a) of the statutes is amended to read:

AB201-ASA1,5,14 280.15 (3r) (a) Requirement. Except as provided in par. (b) and sub. (4), an individual who is not a licensed well driller or a registered drilling rig operator may only engage in well drilling or drillhole construction only if the individual is under the supervision of a licensed well driller or a registered drilling rig operator who is on the site of the well drilling or drillhole construction.

AB201-ASA1, s. 16 Section 16. 280.15 (4) of the statutes is amended to read:

AB201-ASA1,5,21 280.15 (4) Work on own real estate. No person is required to obtain a registration or license under this section for driving, digging or otherwise obtaining groundwater supply on real estate owned or leased by that person, but the well and the work done on the well shall comply with the law and the rules promulgated by the department. No person is required to obtain a registration or license under this section for drillhole construction on real estate owned or leased by that person.

AB201-ASA1, s. 17 Section 17. 280.98 (2) of the statutes is amended to read:

AB201-ASA1,6,2 280.98 (2) The department shall promulgate rules that specify violations of rules under this chapter relating to licensing; registration; disinfection, sampling, and reporting requirements; water systems that were installed before February 1, 1991; and well or drill bore hole abandonment to which sub. (1) applies.

AB201-ASA1, s. 18 Section 18. 443.14 (12m) of the statutes is amended to read:

AB201-ASA1,6,7 443.14 (12m) A well driller who is licensed under s. 280.15 (2m), or an employee of a well drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8), or drillhole construction, as defined in s. 280.01 (1m).

AB201-ASA1, s. 19 Section 19. 470.025 (9) of the statutes is amended to read:

AB201-ASA1,6,12 470.025 (9) A well driller who is licensed under s. 280.15 (2m), or an employee of a well drilling business that is registered under s. 280.15 (1), who is engaged in well drilling, as defined in s. 280.01 (8), or drillhole construction, as defined in s. 280.01 (1m).

AB201-ASA1, s. 20 Section 20. Effective date.