Licensure Bill: Wisconsin Act 143


Wisconsin Act 143

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2013 Assem bly Bill 683

Date of enactment: March 19, 2014

Date of publication*: March 20, 2014

2013 WISCONSIN ACT 143

AN ACT to repeal 101.87 (5); to renumber and amend 101.88 (2); to amend 101.82 (lm), 101.82 (1r), 101.82 (3r),

101.84 (3), 101.862 (title), 101.862 (2), 101.862 (4) (b), 101.862 (4) (f), 101.862 (4) (g), 101.87 (title), 101.87 (1)

(intro.), 101.87 (l)(a) and 101.87 ( l )(b); and to create 101.80 ( I p), 101.82 (lg), 101.82 ( ln), 101.84 (5), 101.862

(4) (am), 101.862 (4) (n), 101.862 (5), 101.862 (6), 101.868, 101.87 (2m) and (3m), 101.874, 101.875 (title) and

101.875 (2) of the statutes; relating to: licensing structure for electricians and electrical apprentices; reciprocal agreements between this state and other states relating to the regulation of electricians, electrical contractors, electri­ cal inspectors, and electrical apprentices; exemptions from licensing and supervisory requirements for electricians; inspections of electrical work within ce1iain facilities; and granting rule-making authority.

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

SECTION 1. 101.80 ( l p) of the statutes is created to read:

101.80 (lp) "Manufacturing facility" means a facil­ ity assessed as manufacturing prope1iy under s. 70.995.

SECTION 2. 101.82 (lg) of the statutes is created to read:

101.82 (lg) Regulate all of the following types of electricians:

  1. Master electricians, including residential master electricians.

  2. Journeyman electricians, including residential journeyman electricians and industrial journeyman elec­ tricians.

  3. Electrical apprentices, including residential elec­ trical apprentices and industrial electrical apprentices.

  4. Registered electricians.

SECTION 3. 101.82 (lm) of the statutes is amended to read:

101.82 (lm) Promulgate rules that establish criteria and procedures for the registration enrollment of oog-in­ ning registered electricians and for the

licensing of different tyJ,es of electricians, including journeymen electricians and master electriciaf!S registra­ tion of electrical apprentices.

SECTION 4. 101.82 ( ln) of the statutes is created to read:

101.82 (ln) Promulgate rules that establish proce­

dures for the enrollment of registered electricians, the registration of electrical apprentices, and the licensing of journeyman electricians and master electricians.

SECTION 5. 101.82 (lr) of the statutes is amended to read:

101.82 (1r) Promulgate rules that establish require­ ments for the supervision of beginning registered electri­ cians. Registered electricians must be supervised by licensed journeyman or master electricians.

SECTION 6. 101.82 (3r) of the statutes is amended to read:

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* Section 991.11, WISCONSIN STATUTES: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."

2013 Wisconsin Act 143

101.82 (3r) Promulgate rules that establish criteria and a process for the suspension or revocation of registra­ tions issued to -beginning registered electricians, licenses issued to electricians and electrical contractors, and certi­ fications issued to electrical inspectors.

SECTION 7. 101.84 (3) of the statutes is amended to read:

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101.84 (3) Promulgate rules to differentiate the scope of installation, repair, or maintenance of electrical wiring that may be performed by electrical contractors aHti-ey different types of electricians, including beginning. reg­ istered electricians, journeymen journeyman electri­ cians, -anti master electricians. and any additional types of electricians recognized under sub. (5).

SECTION 8. 101.84 (5) of the statutes is created to read:

101.84 (5) The department may promulgate rules that recognize and regulate different types and subtypes of electricians that are in addition to those specified in s.

101.82 (lg) and that establish criteria and procedures for enrolling, registering, or licensing these electricians.

SECTION 9. 101.862 (title) of the statutes, as affected by 2007 Wisconsin Act 63 and 2013 Wisconsin Act 4, is amended to read:

101.862 (title) License, or registration, or certifi ffition required.

SECTION 10. 101.862 (2) of the statutes, as affected

by 2007 Wisconsin Act 63 and 2013 Wisconsin Act 4, is amended to read:

101.862 (2) No person may install, repair, or main­ tain electrical wiring unless the person is licensed as an electrician by the department or unless the person is reg­ istefoo enrolled as a beginning registered electrician by the department.

SECTION 11. 101.862 (4) (am) of the statutes is created to read:

101.862 (4) (am) A person engaged in installing elec­ trical wiring within an existing industrial facility or exist­ ing manufacturing facility owned or leased by the person or by an entity for which the person is an agent or employee.

SECTION 12. 101.862 (4) (b) of the statutes, as

affected by 2007 Wisconsin Act 63 and 2013 Wisconsin Act 4, is amended to read:

101.862 (4) (b) A person engaged in maintaining or repairing electrical wiring within -a- an existing facility or on premises owned or leased by the person or by an entity for which the person is an agent or employee.

SECTION 12m. 101.862 (4) (f) of the statutes, as affected by 2013 Wisconsin Act 125, is amended to read: 101.862 (4) (f) A person engaged in installing,

repairing, or maintaining electrical wiring of transmis 5-iBR facilities, as defined in s. 196.01 (12), 2011 stats. that suppo1i telecommunications service. as defined in s.

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182.017 ( l g) (cq). that is provided by a telecommunica­ tions provider. as defined in s. 196.01 (8p).

SECTION 13. 101.862 (4) (g) of the statutes, as

affected by 2007 Wisconsin Act 63 and 2013 Wisconsin Act 4, is amended to read:

101.862 (4) (g) A person engaged in installing, repairing, or maintaining manufactured equipment or utilization equipment. including ballasts. electric signs and luminaires, or -a any other manufactured system that is designed to provide a function that is not primarily electrical in nature if the installation, repair, or mainte­ nance does not involve only involves the modification or installation of conductors-beyend that are considered part of the equipment or system under this paragraph. For purposes of this paragraph. any conductor going from the disconnecting point or b the l-as-t nearest junction, pull, or device box, whichever is nearer to the point ,vhere the person is performing the installation, repair, or main

to the manufactured equipment or utilization equipment or the manufactured system is considered part of the equipment or system.

SECTION 14. 101.862 (4) (n) of the statutes is created to read:

101.862 (4) (n) A person who installs a replacement for an existing switch or outlet if the replacement switch or outlet has a rating of not more than 20 amperes.

SECTION 15. 101.862 (5) of the statutes is created to read:

101.862 (5) (a) Subsections (2) and (3) do not apply to a person who was born on or before January 1, 1956, and who has at least 15 years of experience in installing, repairing, or maintaining electrical wiring, subject to par. (b).

(b) The depaiiment shall promulgate rules establish­ ing criteria and procedures for issuing licenses to electri­ cians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. Upon pro­ mulgation of these rules, an electrician who meets these age and experience requirements may not install, repair, or maintain electrical wiring unless he or she is licensed in compliance with these rules or is otherwise licensed or registered as an electrician under this subchapter.

SECTION 16. 101.862 (6) of the statutes is created to read:

101.862 (6) (a) Subsections (2) and (3) do not apply to a person who installs electrical wiring, without receiv­ ing payment or other consideration, in a new one-family or 2-family dwelling that is being constructed by a quali­ fied nonprofit corporation.

(b) For purposes of par. (a), a qualified nonprofit cor­ poration is one that meets all of the following conditions:

I. The corporation is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal

2013 Assem bly Bill 683

income tax under section 501 (a) of the Internal Revenue Code.

2. The corporation has as its purpose the construction and rehabilitation of residential dwellings in a specific community or area.

SECTION 17. 101.868 of the statutes is created to read: 101.868 Requirements for master electricians. (1)

An applicant for licensure as a master electrician shall have at least one of the following qual ifications:

  1. A bachelor 's degree or master's degree in electri­ cal engineering, followed by passage of an examination required by the department.

  2. Twelve months of experience in installing, repair­ ing, and maintaining electrical wiring while being licensed as a journeyman electrician, followed by pas­ sage of an examination required by the department.

  3. Experience in installing, repairing, and maintain­ ing electrical wiring during a period of not less than 60 months, with at least 10,000 hours of experience over that period, followed by passage of an examination required by the department.

  1. Subsection ( 1) does not apply to any residential master electrician or to any other type of master electri­ cian that may be recognized under s. 101.84 (5). The qualifying criteria required for licensing residential mas­ ter electricians and any other such type of master electri­ cian shall be established by the department by rule.

    SECTION 18. 101.87 (title) of the statutes is amended to read:

    101.87 (title) Requirements for jou rneymen jour­ neyman electricians.

    SECTION 19. 101.87 (1) (intro.) of the statutes is amended to read:

    101.87 (1) (intro.) The rules governing the licensing of journeymen electricians under s. 101.g2 ( lm) shall require that an An applicant for licensure as a journey­ man electrician 1.vho is not a residential journeyman elec tri-c+aa shall have at least one of the following qualifica­ tions:

    SECTION 20. 101.87 (1) (a) of the statutes is amended to read:

    101.87 (1) (a) Completion of an a construction elec­ trician apprenticeship program in installing, repairing, and maintaining electrical wiring that has a duration of at least -4-1years and that is approved by the U.S. depart­ ment of labor and or by the department of workforce development, followed by passage of an examination

    required by the department.

    SECTION 21. 101.87 (1) (b) of the statutes is amended to read:

    101.87 (1) (b) Experience in installing, repairing, and maintaining electrical wiring for at least 60 during a period ofnot less than 48 months and, with at least 8,000 hours of experience over that period, followed by pas­ sage of an examination required by the department.

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    SECTION 22. 101.87 (2111) and (3111) of the statutes are created to read:

    101.87 (2m) For purposes of meeting the require­ ment relating to experience under sub. ( 1) (b), a degree or diploma from a 2-year program in a school of electri­ cal engineering or from a 2-year program in an accred­ ited technical or vocational school in an electrical-re­ lated program shall be accepted by the department as being equivalent to 12 months and 2,000 hours of experi­ ence.

    (3m) Subsection (1) does not apply to any residential or industrial journeyman electricians or to any other type of journeyman electrician that may be recognized under

    s. 101.84 (5). The qualifying criteria required for licens­ ing residential and industrial journeyman electricians and any other such type of journeyman electrician shall be established by the department by rule.

    SECTION 23. 101.87 (5) of the statutes is repealed. SECTION 24. 101.874 of the statutes is created to read: 101.874 Reciprocity. (1) In this section, "creden-

    tial" means a registration, license, certification, or other approval to perform or inspect electrical work.

    1. The department may enter into a reciprocal agree­ ment with another state under which credentials issued to electricians, electrical apprentices, electrical contractors, and electrical inspectors by either state are recognized as comparable credentials by the other state. Under the agreement, the department may recognize credentials from the other state only if the education, experience, and examination requirements in the other state are at least equivalent to the education, experience, and examination requirements for being issued credentials under this sub­ chapter.

    2. Upon entering into an agreement under this sec­ tion, the department may issue a credential only if all of the following apply:

      1. The individual seeking the credential submits an application and pays the applicable fee established under s. 101.82 (4).

      2. The individual holds a valid comparable creden­ tial issued by the other state.

SECTION 25. 101.875 (title) of the statutes is created to read:

101.875 (title) Inspections.

SECTION 26. 101.875 (2) of the statutes is created to read:

101.875 (2) Any rule promulgated under s. 101.82

(2m) may not require the inspection of any of the installa­ tion, repair, or maintenance of electrical wiring within an existing industrial facility or an existing manufacturing facility unless the plan for the installation, repair, or maintenance is required to be examined under s. 101.12

(2) by the department or by a municipality that has its examinations accepted by the depaiiment under s. 101.12 (3) (a), (am), or (b).

2013 Wisconsin Act 143

SECTION 27. 101.88 (2) of the statutes is renumbered

101.875 (1) and amended to read:

101.875 (1) All inspections of electrical wiring shall be moo performed by inspectors certified by the

department.

SECTION 28. Initial applicability.

  1. The treatment of sections 101.868 and 101.87 (title), (1) (intro.), (a), and (b), (2m), (3m), and (5) of the

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    statutes first applies to persons applying for licenses on the effective date of this subsection.

    SECTION 29. Effective dates. This act takes effect on

    the day after publication, except as follows:

    1. The treatment of sections 101.80 ( I p) and 101.862 (title), (2), (4) (am), (b), (f), (g), and (n), (5), and

(6) of the statutes takes effect on April I , 2014, or on the day after publication, whichever is later.

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