SB704: Bill Text

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

SB704, s. 1 Section 1. 101.985 (2) (title) of the statutes is amended to read:

SB704,2,2 101.985 (2) (title) Elevator mechanic mechanic's licenses.

SB704, s. 2 Section 2. 101.985 (2) (a) (title) of the statutes is repealed and recreated to read:

SB704,2,5 101.985 (2) (a) Issuance.

SB704, s. 3 Section 3. 101.985 (2) (a) (intro.) of the statutes is renumbered 101.985 (2) (a) and amended to read:

SB704,2,12 101.985 (2) (a) Except as provided in pars. (am) to (d), the The department shall issue an elevator mechanic's license to each individual who satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or who satisfies all of the following: meets the requirements in either par. (ab) or (ad).

SB704, s. 4 Section 4. 101.985 (2) (a) 2. of the statutes is renumbered 101.985 (2) (ab) 2. and amended to read:

SB704,3,5 101.985 (2) (ab) 2. During the 3 years preceding the date of application, he or she was continuously employed in a position requiring the individual to perform work that is at a journeyman level and that is relevant to the erection, construction, alteration, replacement, maintenance, repair, removal, or dismantling of conveyances, as verified by the individual's employers.

SB704, s. 5 Section 5. 101.985 (2) (a) 3. of the statutes is renumbered 101.985 (2) (ab) 3. and amended to read:

SB704,3,13 101.985 (2) (ab) 3. Satisfactorily He or she satisfactorily completes a written examination administered by the department covering the provisions of this subchapter, and rules promulgated under this subchapter, that are 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.

SB704, s. 6 Section 6. 101.985 (2) (ab) (intro.) of the statutes is created to read:

SB704,3,19 101.985 (2) (ab) Requirements; apprenticeship and journeyman level. (intro.) An individual is eligible for an elevator mechanic's license if he or she satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or if he or she satisfies all of the following requirements:

SB704, s. 7 Section 7. 101.985 (2) (ad) of the statutes is created to read:

SB704,3,23 101.985 (2) (ad) Requirements; training program. 1. An individual is eligible for an elevator mechanic's license if he or she satisfies all of the following requirements:

SB704,4,2 a. He or she verifies to the department that he or she has been certified as having successfully completed a 4-year program established by the National Elevator Industry Education Program or an equivalent nationally recognized 4-year training program that is approved by the department.

SB704,4,3 b. He or she meets one of the requirements specified in subd. 2.

SB704,4,6 2. In order to meet the requirement under subd. 1. b. for an elevator mechanic's license, an individual applying for a license shall satisfy one of the following requirements:

SB704,4,10 a. He or she verifies to the department that, during the 5 years immediately preceding the date of the license application, he or she was employed for at least 1,000 hours in each of the 5 years performing work described under s. 101.984 (2) (a) or (b).

SB704,4,18 b. He or she verifies to the department that he or she has continuous experience in the elevator industry for at least 5 years immediately preceding the date of the license application in a capacity, other than in the capacity of preforming work described under s. 101.984 (2) (a) or (b), that has allowed him or her to remain familiar with elevator equipment, technology, and industry practices. This experience may include performing management activities for a company that engages in the sale, installation, repair, or maintenance of conveyances, being involved in elevator industry labor relations, or supervising elevator mechanics.

SB704,5,3 c. He or she verifies to the department that he or she, during any 5 years preceding the date of the license application, was employed for at least 1,000 hours in each of those 5 years performing work that is relevant to the erection, construction, alteration, replacement, maintenance, repair, removal, dismantling, or servicing of conveyances and that this work included work described under s. 101.984 (2) (a) or (b). If the 5 years were not the 5 years immediately preceding the date of application, the applicant shall verify that this is due to the applicant's work being disrupted by high unemployment in the elevator industry, military service, illness, disability, or another factor beyond the applicant's control in order to meet the requirement under this subd. 2. c.

SB704, s. 8 Section 8. 101.985 (2) (am) of the statutes is amended to read:

SB704,5,11 101.985 (2) (am) Requirements for individuals with prior experience. The department shall promulgate rules that establish requirements for issuing an elevator mechanic's license to an individual who has performed work described under s. 101.984 (2) (a) or (b) within the scope of his or her employment before June 1, 2007, but who does not satisfy the requirements under par. (a) (ab) or (ad) to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph.

SB704, s. 9 Section 9. 101.985 (2) (b) of the statutes is amended to read:

SB704,5,18 101.985 (2) (b) Licensing out-of-state mechanics. The requirements under par. (a) pars. (ab) and (ad) do 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.

SB704, s. 10 Section 10. 101.985 (2) (c) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

SB704,6,13 101.985 (2) (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 323.10 and the department determines that the number of individuals in the state who hold elevator mechanic's licenses issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall 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 individual certified by a contractor under this paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. 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. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who applies for an emergency elevator mechanic's license.

SB704, s. 11 Section 11. 101.985 (2) (d) of the statutes is amended to read:

SB704,7,3 101.985 (2) (d) Temporary licensing. 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. The requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who applies for a temporary elevator mechanic's license.

SB704, s. 12 Section 12. 101.985 (4) of the statutes is amended to read:

SB704,7,11 101.985 (4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), (ab) or (ad), 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) (a) 10. is true and if the 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.

SB704, s. 13 Section 13. 101.985 (5) (b) 1. of the statutes is amended to read:

SB704,7,20 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an applicant for renewal of a license under sub. (1), (2) (a) (ab), (ad), or (b), 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 has satisfactorily met with the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.

SB704, s. 14 Section 14. 101.985 (7) (a) (intro.) of the statutes is amended to read:

SB704,7,24 101.985 (7) (a) (intro.) Each application for a license under subs. (1), (2) (a) (ab) or (ad), or (3) shall be made on a form prescribed by the department, and each application shall contain at least the following information:

SB704, s. 15 Section 15. Effective date.

SB704,8,2 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB704,8,3 (End)