AB886: Bill Text

AB886,13,23 101.985 Licensing qualifications and procedure. (1) Elevator contractor. Except as otherwise provided in this subsection, the department may issue an elevator contractor's license only to a person who demonstrates to the satisfaction of the department that the person is adequately qualified and able to engage in business as an elevator contractor. The department may summarily issue an elevator contractor's license to a person who is licensed as an elevator contractor under the laws of another state, if, in the opinion of the department, that state's regulation of elevator contractors is substantially the same as this state's. Every person who applies for a license under this subsection shall provide the department with a certificate of insurance issued by one or more insurers authorized to do business in this state, indicating that the person is insured in the amount of at least $1,000,000 per occurrence because of bodily injury to or death of others, is insured in the amount of at least $500,000 per occurrence because of damage to the property of others, and is insured to the extent required under ch. 102. A person who is issued a license under this subsection shall notify the department in writing of any material change in these insurance coverages at least 10 days before the change takes effect.

AB886,14,3 (2) Elevator mechanic. (a) Except as provided in par. (b), the department may issue an elevator mechanic's license only to an individual who satisfies all of the following:

AB886,14,5 1. Demonstrates to the satisfaction of the department that the person is adequately qualified and able to perform the work of an elevator mechanic.

AB886,14,9 2. During the 3 years preceding the date of application, was continuously employed in a position requiring the individual to perform work relevant to the erection, construction, alteration, replacement, maintenance, repair, removal, or dismantling of conveyances, as verified by the individual's employers.

AB886,14,14 3. Satisfactorily completes a written examination administered by the department covering the provisions of this subchapter and rules promulgated under this subchapter relevant to the license applied for or satisfactorily completes an elevator mechanic's examination approved by the department and administered by a nationally recognized training program established by the elevator industry.

AB886,14,17 4. Satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the department of commerce and the department of workforce development.

AB886,14,22 (b) 1. Paragraph (a) does not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.

AB886,15,11 2. If an emergency exists in this state due to disaster or work stoppage and the number of licensed elevator mechanics working in the area of the emergency is insufficient to cope with the emergency, the department may summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. Paragraph (a) does not apply to an individual who applies for an emergency elevator mechanic's license.

AB886,15,24 3. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. Paragraph (a) does not apply to an individual who applies for a temporary elevator mechanic's license.

AB886,16,12 (3) Elevator inspector. The department may issue an elevator inspector's license only to an individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services. Every individual who applies for a license under this subsection shall provide the department with a certificate of insurance issued by one or more insurers authorized to do business in this state, indicating that the individual is insured in the amount of at least $1,000,000 per occurrence because of bodily injury to or death of others, is insured in the amount of at least $500,000 per occurrence because of damage to the property of others, and is insured to the extent required under ch. 102. An individual who is issued a license under this subsection shall notify the department in writing of any material change in these insurance coverages at least 10 days before the change takes effect.

AB886,16,18 (4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (f) is true and if applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.

AB886,16,24 (5) Issuance, term, renewal, and continuing education. (a) Issuance and term. Except as provided under s. 101.02 (20) (b) and (21) (b), the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and the rules of the department and who pays any applicable fee required by rule of the department under s. 101.19 (1) (k). Except as provided under sub. (2) (b) 2. and 3., the term of each license is 2 years.

AB886,17,9 (b) Renewal and continuing education. 1. Except as otherwise provided in this subdivision and subd. 3., an applicant for renewal of a license under sub. (1) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant satisfactorily completed at least 8 hours of education from a program certified under subd. 4. or provided instruction for a program certified under subd. 4. If the applicant is not an individual, the certificate shall indicate that the education was satisfactorily completed or instruction was provided by an individual who, as of the date of the application, is an agent of the applicant.

AB886,17,15 2. Except as provided in subd. 3., an applicant for renewal of a license under sub. (2) (a) or (b) 1. or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires, the applicant satisfactorily completed at least 8 hours of education from a program certified under subd. 4. or provided instruction for a program certified under subd. 4.

AB886,18,5 3. An applicant for renewal of a license under sub. (1), (2) (a) or (b) 1., or (3), may apply to the department for a waiver of the requirements of subd. 1 or 2., as appropriate, on the grounds of temporary disability. An applicant applying for a waiver under this subdivision shall provide the department with a statement signed by a physician licensed to practice medicine in this state attesting to the temporary disability. The department shall consider each application for a waiver under this subdivision individually on its merits and may grant a waiver for any meritorious application. Any person granted a waiver under this subdivision shall, upon termination of the disability, provide the department with a statement signed by a physician licensed to practice medicine in this state attesting to the termination of the disability. A waiver granted under this subdivision is valid until the 90th day following the date on which the department receives the physician's statement attesting to the termination of the disability, unless the department determines that a different expiration date is appropriate due to the applicant's failure to provide the physician's statement.

AB886,18,17 4. The department shall certify educational programs that may be used to satisfy subd. 1. or 2. Each program shall be designed to educate attendees as to the provisions of this subchapter and rules promulgated by the department under this subchapter. The department shall prescribe an application form for use by an educational program desiring certification under this subdivision. Each educational program making an application shall submit a list of instructors, together with an explanation of each instructor's credentials and any other information required by the department. Each educational program certified under this subdivision shall keep records of attendance for 10 years and shall make the records available to the department for inspection. The department may revoke the certification of any educational program that falsifies or knowingly allows another to falsify records of attendance or certificates of completion.

AB886,18,19 (6) Revocation and suspension. The department may revoke or suspend a license under subs. (1) to (3) if the department finds any of the following:

AB886,18,21 (a) That the licensee made a false statement of material fact in an application submitted to the department.

AB886,18,22 (b) That the license was obtained by fraud, misrepresentation, or bribery.

AB886,18,25 (c) That the licensee failed to notify the department and the owner or lessee of a conveyance that the conveyance failed to meet the requirements of this subchapter or rules promulgated under this subchapter.

AB886,19,2 (d) That the licensee violated this subchapter or any rule promulgated under this subchapter.

AB886,19,5 (7) Application. Each application for a license under subs. (1) to (3) shall be made on a form prescribed by the department and each application for a license under sub. (1), (2) (a), or (3) shall contain at least the following information:

AB886,19,6 (a) Names and addresses.

AB886,19,8 1. If the applicant is an individual, the applicant's name and residential address.

AB886,19,10 2. If the applicant is a sole proprietorship, the applicant's name and residential and business addresses.

AB886,19,12 3. If the applicant is a partnership, the name and business address of the partnership and the names and residential addresses of each partner.

AB886,19,16 4. If the applicant is a corporation, the name and principal business address of the corporation, the name and address of the corporation's registered agent for service of process, and the name and residential address of the principal officer of the corporation.

AB886,19,20 5. If the applicant is a limited liability company, the name and principal business address of the limited liability company, the name and address of the limited liability company's registered agent for service of process, and the name and residential address of each member of the limited liability company.

AB886,19,22 (b) Experience. The number of years the applicant has performed work or engaged in the business to be authorized under the license.

AB886,19,24 (c) Employment. If the application is for an elevator contractor's license, the approximate number of individuals, if any, the applicant will employ upon licensure.

AB886,20,4 (d) Use of licensed elevator mechanics. If the application is for an elevator contractor's license, a certification that all work described in s. 101.984 (2) (a) and (b) that the person will contract to perform under the license will be performed by elevator mechanics licensed under sub. (2).

AB886,20,6 (e) Proof of insurance. Satisfactory evidence that the applicant is or, upon licensure, will be insured to the extent required under sub. (1) or (3).

AB886,20,8 (f) Criminal history. A description of each of the applicant's criminal arrests and convictions, if any.

AB886,20,15 101.986 Conveyance safety code council duties. The conveyance safety code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide conveyance safety code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules for the enforcement of this subchapter, the granting of variances, administrative appeal procedures, fees, and any other matter under this subchapter.

AB886,20,19 101.987 Local government authority. (1) Authority limited. No city, village, town, or county may enact an ordinance or adopt a resolution regulating a matter specifically governed by this subchapter or by a rule promulgated under this subchapter.

AB886,20,23 (2) Retroactive effect. If a city, village, town, or county has in effect on the effective date of this subsection .... [revisor inserts date], an ordinance or resolution that is inconsistent with sub. (1), the ordinance or resolution does not apply and may not be enforced.

AB886,21,3 101.988 Enforcement and penalties. (1) Investigations. (a) Initiated by department. The department may perform investigations to aid in the enforcement of this subchapter and rules promulgated under this subchapter.

AB886,21,16 (b) Initiated by public. Any person may file a written notice with the department, requesting the department to investigate an alleged violation of this subchapter or rules promulgated under this subchapter or a dangerous condition involving a conveyance. The notice shall set forth the specific grounds for the request and shall be signed by the person filing the notice. Upon request of the person filing the notice, the department shall keep the person's name confidential and shall withhold the name from public inspection under s. 19.35 (1), except that the department may disclose the name to a law enforcement officer for official purposes. If the department determines that there are reasonable grounds to believe that the alleged violation or dangerous condition exists, the department shall investigate to determine if the alleged violation or dangerous condition exists. If the department determines that there are no such reasonable grounds, the department shall notify the person filing the notice.

AB886,21,18 (2) Orders of the department. The department may issue orders to enforce this subchapter and rules promulgated under this subchapter.

AB886,21,23 (3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance.

AB886, s. 9 Section 9 . Nonstatutory provisions.

AB886,22,6 (1) Submission of proposed rules. No later than the first day of the 9th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules governing subchapter VII of chapter 101 of the statutes, as created by this act, and the fees permitted under section 101.19 (1) (k) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

AB886,22,14 (2) Effect on collective bargaining agreements. If a person is affected by a collective bargaining agreement that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with subchapter VII of chapter 101 of the statutes, as created by this act, then, notwithstanding subchapter VII of chapter 101 of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the collective bargaining agreement until the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB886,22,23 (3) Initial members of conveyance safety code council. Notwithstanding the length of terms specified for the conveyance safety code council under section 15.157 (13) (a) of the statutes, as created by this act, the initial members appointed under section 15.157 (13) (a) 1. to 3. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2005, the initial members appointed under section 15.157 (13) (a) 4. and 5. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2006, and the initial members appointed under section 15.157 (13) (a) 6. and 7., as created by this act, shall be appointed for terms that expire on July 1, 2007.

AB886,23,7 (4) Grace period for obtaining permit to operate existing conveyances. Notwithstanding section 101.983 (2) of the statutes, as created by this act, the owner or lessee of any conveyance, as defined in section 101.981 (1) (b) of the statutes, as created by this act, in operation on the effective date of this subsection shall obtain the permit required under section 101.983 (2) of the statutes, as created by this act, no later than the first day of the 6th month beginning after the effective date of this subsection. This subsection does not apply to any person required to obtain a permit under rules of the department of commerce that are in effect before the effective date of this subsection.

AB886,23,19 (5) Grandfather provision: elevator mechanic's license. Any individual who, during the 3-year period before the effective date of this subsection, performed primarily work described under section 101.984 (2) (a) or (b) of the statutes, as created by this act, within the scope of his or her employment, may apply to the department of commerce for an elevator mechanic's license during the 12-month period beginning on the effective date of this subsection. The department shall prescribe an application form for use under this subsection, requiring any information that the department deems relevant. Notwithstanding section 101.985 (2) and (5) (a) of the statutes, as created by this act, the department shall issue an elevator mechanic's license to any such individual who, in the opinion of the department, is adequately qualified and able to perform the work of an elevator mechanic. The term of each license issued under this subsection is 2 years.

AB886, s. 10 Section 10. Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:

AB886,23,23 (1) Proposed rules. Section 9 (1) of this act takes effect on the day after publication.

AB886,23,24 (End)