AB928: Bill Text

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.

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.