AB928: Bill Text

AB928,8,10 (d) The individual does not have a license, certification, or other permission to operate a crane or heavy equipment issued by the department or by a comparable licensing agency in another jurisdiction that is suspended or revoked at the time of application.

AB928,8,13 (8) Licensing qualifications; apprentice heavy equipment operators. The department shall issue an apprentice heavy equipment operator license to each individual who meets all of the following requirements:

AB928,8,14 (a) The individual is at least 18 years old.

AB928,8,16 (b) The individual has passed a written examination approved by department and is enrolled in a training program recognized by the U.S. department of labor.

AB928,8,20 (c) The individual does not have a license, certification, or other permission to operate a crane or heavy equipment issued by the department or by a comparable licensing agency in another jurisdiction that is suspended or revoked at the time of application.

AB928,8,23 (9) Period of validity; renewals. (a) A license issued under sub. (4) or (7) shall be valid for a period of 5 years. A license issued under sub. (6) or (8) shall be valid for a period of 3 years.

AB928,8,25 (b) The department shall renew a crane operator license if all of the following apply:

AB928,9,3 1. The holder of the license has at least 2,000 hours of verifiable experience in operating a crane in the 5-year period immediately preceding his or her application for renewal.

AB928,9,4 2. The holder's license issued under sub. (4) has not been suspended or revoked.

AB928,9,6 3. The holder of the license has not violated any provision under this section, or rules promulgated under this section.

AB928,9,8 (c) The department shall renew a heavy equipment operator license if all of the following apply:

AB928,9,11 1. The holder of the license has at least 2,000 hours of verifiable experience in operating regulated heavy equipment in the 5-year period immediately preceding his or her application for renewal.

AB928,9,12 2. The holder's license issued under sub. (7) has not been suspended or revoked.

AB928,9,14 3. The holder of the license has not violated any provision under this section, or rules promulgated under this section.

AB928,9,16 (10) Rules. (a) The department shall promulgate rules that do all of the following:

AB928,9,18 1. Establish criteria for purposes of approving accrediting bodies under sub. (4) (c).

AB928,9,19 2. Establish procedures and requirements for verifying hours under sub. (11).

AB928,9,21 3. Establish requirements for written examinations approved by the department under subs. (6) (b) and (8) (b).

AB928,9,23 4. Establish standards for suspending and revoking licenses issued under this section.

AB928,9,25 (b) 1. The department shall promulgate a rule that establishes a listing of specific types of heavy equipment that are regulated under this section.

AB928,10,5 2. The crane and heavy equipment council may recommend to the department to include in the listing under subd. 1. or to remove from the listing specific types of heavy equipment. Upon receipt of a recommendation concerning a type of heavy equipment from the council, the department may adopt the recommendation and promulgate a rule that implements the recommendation.

AB928,10,8 (11) Calculation of verifiable hours. (a) For purposes of subs. (4) (b) 1. and 2. and (d) 2. and (9) (b) 1., any of the following hours shall be counted as hours for meeting requirements for a crane operator license issued under sub. (4):

AB928,10,9 1. Hours spent operating a crane.

AB928,10,12 2. Hours spent in an apprenticeship program in the operation of cranes that is recognized by the U.S. department of labor under sub. (4) (d) 1. or a training program recognized by the U.S. department of labor under sub. (6) (b).

AB928,10,14 3. Hours spent directly supervising or directing the lifting, rotating, hoisting, or other movement operations of a crane by another individual.

AB928,10,17 (b) For purposes of sub. (7) (b) 1. and 2. and (c) 2. and (9) (c) 1., any of the following hours shall be counted as hours for meeting requirements for a heavy equipment license issued under sub. (7):

AB928,10,18 1. Hours spent operating a piece of heavy equipment.

AB928,10,21 2. Hours spent in an apprenticeship program in the operation of heavy equipment that is recognized by the U.S. department of labor under sub. (7) (c) 1. or in a training program recognized by the U.S. department of labor under sub. (8) (b).

AB928,10,23 3. Hours spent directly supervising or directing the operation of a piece of heavy equipment by another individual.

AB928,11,2 (12) Application and examination procedures. (a) An individual shall apply for a license under this section by submitting an application on a form provided by the department together with the applicable fee established under s. 101.19 (1) (n). The fee shall be nonrefundable.

AB928,11,8 (b) The department may charge a fee for administering the examinations specified under subs. (6) (b) and (8) (b). If the department decides to charge a fee, it shall establish, by rule, the amount of the fee. The fee shall, as closely as possible, equal the cost of administering such an examination and shall be nonrefundable. The department may contract with joint apprenticeship committees, as defined in 29 CFR 29.2, to administer these examinations.

AB928,11,11 (13) Disclosures; posting. (a) Each contract for a public works project shall contain a statement setting forth the requirements of this section. The department shall promulgate a rule that contains the required wording for the statement.

AB928,11,16 (b) At each work site of a public works project, the department shall post copies of the license issued under this section of each individual who is working at that work site. The notice shall be posted in at least one conspicuous and easily accessible place on the work site and shall remain posted during the full time any individual is employed at the work site.

AB928,11,23 (14) Oversight. The department shall conduct periodic reviews of any program of certification or accrediting body under sub. (4) (c) or any program or other entity administering examinations under sub. (6) (b) or (8) (b) to monitor and ensure compliance with the rules established under sub. (10) (a) 1. and 3. The department may cease to use any program of certification under sub. (4) (c) or any program or other entity administering examination under sub. (6) (b) or (8) (b) if it determines that the program or entity is not in compliance with the applicable rules.

AB928,12,3 (15) Enforcement. (a) On its own motion or upon a complaint filed by any individual, the department shall issue an order or commence a civil action to enforce this section.

AB928,12,7 (b) Whoever violates sub. (2) (a) or (b) shall be fined not more than $1,000 for the first violation, not more than $3,000 for a 2nd violation, and not more than $5,000 for each subsequent violation. Each day of continued violation constitutes a separate violation.

AB928, s. 5 Section 5. 101.19 (1) (n) of the statutes is created to read:

AB928,12,10 101.19 (1) (n) Issuing licenses and administering examinations to crane operators and heavy equipment operators under s. 101.138.

AB928, s. 6 Section 6 . Nonstatutory provisions.

AB928,12,12 (1) Rules; initial listing.

AB928,12,14 (a) In this subsection, " regulated heavy equipment" has the meaning given in section 101.138 (1) (f) of the statutes, as created by this act.

AB928,12,17 (b) The initial listing of types of regulated heavy equipment that is required to be established by rule under section 101.38 (10) (b) 1. of the statutes, as created by this act, shall consist of, and shall be limited to, all of the following:

AB928,12,18 1. Caisson rigs.

AB928,12,19 2. Pile drivers.

AB928,12,20 3. Pile extractors.

AB928,12,21 4. Dredges.

AB928,12,22 5. Excavators.

AB928,12,23 6. Power shovels.

AB928,12,24 7. Tractor loader backhoes.

AB928,12,25 8. Concrete breakers.

AB928,13,1 9. Subgraders.

AB928,13,2 10. Concrete grinding and planing machines.

AB928,13,3 11. Slipform curb and gutter machines.

AB928,13,4 12. Shoulder wideners.

AB928,13,5 13. Milling machines.

AB928,13,6 14. Planers.

AB928,13,7 15. Scarifiers.

AB928,13,8 16. Graders.

AB928,13,9 17. Scrapers.

AB928,13,10 18. Bulldozers.

AB928,13,11 19. Pushers.

AB928,13,12 20. Endloaders.

AB928,13,13 21. Side boom tractors.

AB928,13,14 22. Off-road material haulers.

AB928,13,15 23. Straddle carriers.

AB928,13,16 24. Rollers.

AB928,13,17 25. Compactors.

AB928,13,18 26. Shouldering machines.

AB928,13,19 27. Self-propelled chip spreaders.

AB928,13,20 28. Backfillers.

AB928,13,21 29. Portable crusher screens.

AB928,13,22 30. Rock breakers.

AB928,14,2 (2) Rules; submission of initial listing. No later than the first day of the 3rd month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules being promulgated under section 101.138 (10) (b) 1. of the statutes, as created by this act, and Section 6 (1) to the legislative council staff under section 227.15 (1) of the statutes.

AB928,14,7 (3) Rules; submission of other 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 being promulgated under section 101.138 (10) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

AB928,14,12 (4) Economic impact report. 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 rules being promulgated under section 101.138 (10) (a) and (b) 1. of the statutes, as created by this act, and under subsection (1).

AB928,14,15 (5) Council. Notwithstanding the length of terms of the members of the crane and heavy equipment council under section 15.157 (16) (a) 1. to 3. of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB928,14,16 (a) Two members for a term that expires on July 1, 2012.

AB928,14,17 (b) Two members for a term that expires on July 1, 2013.

AB928,14,18 (c) One member for a term that expires on July 1, 2014.

AB928, s. 7 Section 7. Initial applicability.

AB928,14,23 (1) This act first applies to proposals for public works projects, as defined in section 101.138 (1) (e), as created by this act, that are submitted to local governmental units, as defined in section 101.138 (1) (c) of the statutes, as created by this act, for approval on the effective date of this subsection.

AB928,14,24 (End)