AB928: Bill Text

LRB-4607/1

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2009 - 2010 LEGISLATURE

2009 Assembly BILL 928

April 6, 2010 - Introduced by Representatives Parisi and Sinicki, cosponsored by Senators Coggs, Wirch and Hansen. Referred to Committee on Labor.

AB928,1,4 An Act to amend 101.02 (20) (a) and 101.02 (21) (a); and to create 15.157 (16), 101.138 and 101.19 (1) (n) of the statutes; relating to: licensing of individuals using cranes and heavy equipment, requiring the exercise of rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

The Department of Commerce (Commerce) issues various licenses, permits, registrations, and other credentials to individuals engaged in the construction trades, such as to electricians and plumbers.

This bill requires Commerce to issue licenses for the operation of cranes and certain pieces of heavy equipment. The bill 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 bill 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 bill establishes a crane and heavy equipment council which may recommend to Commerce specific types of equipment that may be added to the list or removed from the list by rule. Certain specific pieces of heavy equipment are exempt from regulation and may not be added to the list promulgated by Commerce.

The bill 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.

For the crane operator license, an individual must have a specified amount of experience, have obtained certification from an accredited program that certifies crane operators, and have completed an apprenticeship program. In lieu of completing the apprenticeship program, the individual may meet this requirement by having at least 10,000 hours of experience on the day that the bill becomes law. For a license to operate regulated heavy equipment, the requirements are the same except the individual does not have to complete a program of certification. The crane operator and heavy equipment operator license are valid for five years and are renewable if the individual has operated cranes or regulated heavy equipment for at least 2,000 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 have passed a written examination approved by Commerce and must be enrolled in a training program recognized by the U.S. Department of Labor. These two apprenticeship licenses are valid for three years.

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

AB928, s. 1 Section 1. 15.157 (16) of the statutes is created to read:

AB928,2,4 15.157 (16) Crane and heavy equipment council. (a) There is created in the department of commerce a crane and heavy equipment council consisting of the following members appointed for 3-year terms:

AB928,2,6 1. Two members who represent an affiliation of local labor organizations whose members are construction craft laborers working across the state.

AB928,3,2 2. Two members who represent a labor organization whose members are engaged in the operation of cranes and of heavy equipment, each of whom is actively involved in providing, or in administering the provision of, skills improvement and apprenticeship training programs.

AB928,3,5 3. One member representing an association that is involved in the building of transportation systems across the state and whose membership includes employers of operators of cranes and of heavy equipment.

AB928,3,6 (b) The council shall meet at least 2 times a year.

AB928, s. 2 Section 2. 101.02 (20) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB928,3,15 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.138, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB928, s. 3 Section 3. 101.02 (21) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB928,3,24 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.138, 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB928, s. 4 Section 4. 101.138 of the statutes is created to read:

AB928,4,2 101.138 Regulation of crane and heavy equipment operators. (1) Definitions. In this section:

AB928,4,6 (a) "Crane" means any power-operated hoisting machine that can lift, rotate, or move a suspended load horizontally or vertically, including a derrick, a jib hoist, and a gantry and any other type of power-operated hoisting machine designated by rule by the department.

AB928,4,12 (b) "Heavy equipment" means a piece of equipment that is not a crane, that has a dry weight, as determined by the manufacturer of the equipment, of 26,000 pounds or more, and that is used to move, compact, break, place, or grade construction materials, earth, or other heavy materials, that is used to clear or grade land, that is used to excavate or dig earth or other heavy materials, or that is used to drive vertically into the earth.

AB928,4,16 (c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB928,4,17 (d) "Operate" means to operate, assemble, maintain, or disassemble.

AB928,4,19 (e) "Public works project" means a work project that is subject to an agreement under which the state or a local governmental unit is a party.

AB928,4,21 (f) "Regulated heavy equipment" means the types of heavy equipment that are designated by rule by the department under sub. (10) (b).

AB928,5,3 (2) Licenses required. (a) Beginning on the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date], no individual may operate a crane for construction, renovation, grading, or demolition purposes unless the individual holds a valid license issued under sub. (4) or (6). If an individual holds an apprentice license issued under sub. (6), he or she may not operate the crane unless he or she is being supervised by another individual who holds a valid crane operator license issued under sub. (4).

AB928,5,11 (b) Beginning on the first day of the 24th month beginning after the effective date of this paragraph .... [LRB inserts date], no individual may operate a piece of regulated heavy equipment for construction, renovation, grading, or demolition purposes unless the individual holds a valid license issued under sub. (7) or (8). If an individual holds an apprentice license issued under sub. (8), he or she may not operate the piece of regulated heavy equipment unless he or she is being supervised by another individual who holds a valid heavy equipment operator license issued under sub. (7).

AB928,5,14 (c) The licensing requirements under this section apply only to individuals operating cranes or regulated heavy equipment as part of public works projects to which s. 66.0903, 103.49, or 103.50 applies.

AB928,5,16 (3) Exemptions to licensing requirement. Subsection (2) does not apply when an individual is operating any of the following:

AB928,5,17 (a) An electric line truck.

AB928,5,19 (b) A piece of heavy equipment used for servicing existing equipment or structures located in a gas or electric utility right-of-way.

AB928,5,20 (c) A piece of heavy equipment used for tunneling horizontally underground.

AB928,5,21 (d) A piece of heavy equipment used to remove snow.

AB928,5,22 (e) A forklift or telehandler.

AB928,6,2 (f) A piece of heavy equipment that is used to construct an open-trench, closed-loop well system to obtain geothermal energy if the installation and grouting of the horizontal piping of the systems is placed at a depth that does not exceed 20 feet.

AB928,6,5 (4) Licensing qualifications; crane operators. The department shall issue a crane operator license to each individual who meets all of the following requirements:

AB928,6,6 (a) The individual is at least 18 years old.

AB928,6,7 (b) The individual has either of the following:

AB928,6,9 1. At least 2,000 hours of verifiable experience in operating a crane in the 5-year period immediately preceding his or her application.

AB928,6,11 2. At least 10,000 hours of verifiable experience in operating cranes in his or her lifetime.

AB928,6,15 (c) The individual has obtained certification from a program of certification of crane operators that is accredited by the National Commission for Certifying Agencies or from an equivalent accrediting body approved by the department. The certification process shall require passing both a written and practical examination.

AB928,6,16 (d) The individual has either of the following:

AB928,6,18 1. Proof that he or she has successfully completed an apprenticeship program in the operation of cranes that is recognized by the U.S. department of labor.

AB928,6,21 2. At least 10,000 hours of verifiable experience in operating a crane, on or before the first day of the 24th month beginning after the effective date of this subdivision .... [LRB inserts date].

AB928,6,25 (e) 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.

AB928,7,5 (5) Licensing qualifications; tower crane operators. The department shall issue a tower crane operator endorsement to each individual who applies for the endorsement if at least 500 of the hours that are verified as experience under sub. (4) (b) 1. or 2. or (d) 2. or (9) (b) 1. are verified as experience related to operating a tower crane.

AB928,7,8 (6) Licensing qualifications; apprentice crane operators. The department shall issue an apprentice crane operator license to each individual who meets all of the following requirements:

AB928,7,9 (a) The individual is at least 18 years old.

AB928,7,11 (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.

AB928,7,15 (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.

AB928,7,18 (7) Licensing qualifications; heavy equipment operators. The department shall issue a heavy equipment license to each individual who meets all of the following requirements:

AB928,7,19 (a) The individual is at least 18 years old.

AB928,7,20 (b) The individual has either of the following:

AB928,7,22 1. At least 2,000 hours of verifiable experience in operating heavy equipment in the 5-year period immediately preceding his or her application.

AB928,7,24 2. At least 10,000 hours of verifiable experience in operating heavy equipment in his or her lifetime.

AB928,7,25 (c) The individual has either of the following:

AB928,8,3 1. Proof that he or she has successfully completed an apprenticeship program in the operation of heavy equipment that is recognized by the U.S. department of labor.

AB928,8,6 2. At least 10,000 hours of verifiable experience in operating heavy equipment on or before the first day of the 24th month beginning after the effective date of this subdivision .... [LRB inserts date].

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.