LRB-4294/3
MGG:nwn:rs
2009 - 2010 LEGISLATURE
April 22, 2010 - Introduced by Senator Hansen, cosponsored by Representative
Jorgensen. Referred to Committee on Commerce, Utilities, Energy, and Rail.
SB704,1,6 1An Act to renumber and amend 101.985 (2) (a) (intro.), 101.985 (2) (a) 2. and
2101.985 (2) (a) 3.; to amend 101.985 (2) (title), 101.985 (2) (am), 101.985 (2) (b),
3101.985 (2) (c), 101.985 (2) (d), 101.985 (4), 101.985 (5) (b) 1. and 101.985 (7) (a)
4(intro.); to repeal and recreate 101.985 (2) (a) (title); and to create 101.985
5(2) (ab) (intro.) and 101.985 (2) (ad) of the statutes; relating to: issuance of
6elevator mechanic's licenses.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Commerce (Commerce) regulates
elevators, escalators, and similar conveyances that move people or things. Under
current law, contractors and mechanics constructing, altering, replacing, repairing,
or otherwise working with these conveyances, and inspectors of these conveyances,
must be licensed by Commerce. With certain exceptions, to be licensed as an elevator
mechanic, an individual must apply to Commerce and either must complete an
apprenticeship program approved by the U.S. Department of Labor or by the
Department of Workforce Development or must have sufficient work history during
the three years preceding the application in working with these conveyances and
have passed an elevator mechanic's examination that is administered by Commerce
or that is administered by a nationally recognized training program that is approved
by Commerce.
This bill creates alternative requirements that may be met in order to be issued
an elevator mechanic's license. Under the bill, an individual is eligible for a license

if he or she verifies to Commerce that he or she has successfully completed a
four-year training program established by the National Elevator Industry
Education Program or an equivalent four-year training program that is approved by
Commerce and that he or she has had a certain level of experience working with
elevators and other conveyances. This experience requirement may be met by being
employed during each of the five years immediately preceding the date of the license
application for at least 1,000 hours as an elevator mechanic, or in another capacity
that has allowed him or her to remain familiar with elevator equipment, technology,
and industry practices. The experience requirement may alternatively be met by
meeting the 1,000-hour requirement in any five years preceding the date of the
license application if the applicant verifies that this alternative 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.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB704, s. 1 1Section 1. 101.985 (2) (title) of the statutes is amended to read:
SB704,2,22 101.985 (2) (title) Elevator mechanic mechanic's licenses.
SB704, s. 2 3Section 2. 101.985 (2) (a) (title) of the statutes is repealed and recreated to
4read:
SB704,2,55 101.985 (2) (a) Issuance.
SB704, s. 3 6Section 3. 101.985 (2) (a) (intro.) of the statutes is renumbered 101.985 (2) (a)
7and amended to read:
SB704,2,128 101.985 (2) (a) Except as provided in pars. (am) to (d), the The department shall
9issue an elevator mechanic's license to each individual who satisfactorily completes
10an elevator mechanic's apprenticeship program that is approved by the U.S.
11department of labor or by the department of workforce development or who satisfies
12all of the following:
meets the requirements in either par. (ab) or (ad).
SB704, s. 4 13Section 4. 101.985 (2) (a) 2. of the statutes is renumbered 101.985 (2) (ab) 2.
14and amended to read:
SB704,3,5
1101.985 (2) (ab) 2. During the 3 years preceding the date of application, he or
2she
was continuously employed in a position requiring the individual to perform
3work that is at a journeyman level and that is relevant to the erection, construction,
4alteration, replacement, maintenance, repair, removal, or dismantling of
5conveyances, as verified by the individual's employers.
SB704, s. 5 6Section 5. 101.985 (2) (a) 3. of the statutes is renumbered 101.985 (2) (ab) 3.
7and amended to read:
SB704,3,138 101.985 (2) (ab) 3. Satisfactorily He or she satisfactorily completes a written
9examination administered by the department covering the provisions of this
10subchapter, and rules promulgated under this subchapter, that are relevant to the
11license applied for or satisfactorily completes an elevator mechanic's examination
12approved by the department and administered by a nationally recognized training
13program established by the elevator industry.
SB704, s. 6 14Section 6. 101.985 (2) (ab) (intro.) of the statutes is created to read:
SB704,3,1915 101.985 (2) (ab) Requirements; apprenticeship and journeyman level. (intro.)
16An individual is eligible for an elevator mechanic's license if he or she satisfactorily
17completes an elevator mechanic's apprenticeship program that is approved by the
18U.S. department of labor or by the department of workforce development or if he or
19she satisfies all of the following requirements:
SB704, s. 7 20Section 7. 101.985 (2) (ad) of the statutes is created to read:
SB704,3,2321 101.985 (2) (ad) Requirements; training program. 1. An individual is eligible
22for an elevator mechanic's license if he or she satisfies all of the following
23requirements:
SB704,4,224 a. He or she verifies to the department that he or she has been certified as
25having successfully completed a 4-year program established by the National

1Elevator Industry Education Program or an equivalent nationally recognized 4-year
2training program that is approved by the department.
SB704,4,33 b. He or she meets one of the requirements specified in subd. 2.
SB704,4,64 2. In order to meet the requirement under subd. 1. b. for an elevator mechanic's
5license, an individual applying for a license shall satisfy one of the following
6requirements:
SB704,4,107 a. He or she verifies to the department that, during the 5 years immediately
8preceding the date of the license application, he or she was employed for at least
91,000 hours in each of the 5 years performing work described under s. 101.984 (2) (a)
10or (b).
SB704,4,1811 b. He or she verifies to the department that he or she has continuous experience
12in the elevator industry for at least 5 years immediately preceding the date of the
13license application in a capacity, other than in the capacity of preforming work
14described under s. 101.984 (2) (a) or (b), that has allowed him or her to remain
15familiar with elevator equipment, technology, and industry practices. This
16experience may include performing management activities for a company that
17engages in the sale, installation, repair, or maintenance of conveyances, being
18involved in elevator industry labor relations, or supervising elevator mechanics.
SB704,5,319 c. He or she verifies to the department that he or she, during any 5 years
20preceding the date of the license application, was employed for at least 1,000 hours
21in each of those 5 years performing work that is relevant to the erection, construction,
22alteration, replacement, maintenance, repair, removal, dismantling, or servicing of
23conveyances and that this work included work described under s. 101.984 (2) (a) or
24(b). If the 5 years were not the 5 years immediately preceding the date of application,
25the applicant shall verify that this is due to the applicant's work being disrupted by

1high unemployment in the elevator industry, military service, illness, disability, or
2another factor beyond the applicant's control in order to meet the requirement under
3this subd. 2. c.
SB704, s. 8 4Section 8. 101.985 (2) (am) of the statutes is amended to read:
SB704,5,115 101.985 (2) (am) Requirements for individuals with prior experience. The
6department shall promulgate rules that establish requirements for issuing an
7elevator mechanic's license to an individual who has performed work described
8under s. 101.984 (2) (a) or (b) within the scope of his or her employment before June
91, 2007, but who does not satisfy the requirements under par. (a) (ab) or (ad) to be
10issued a license. The rules may contain a deadline before which an individual must
11apply for a license issued under this paragraph.
SB704, s. 9 12Section 9. 101.985 (2) (b) of the statutes is amended to read:
SB704,5,1813 101.985 (2) (b) Licensing out-of-state mechanics. The requirements under par.
14(a)
pars. (ab) and (ad) do not apply to an individual who is licensed as an elevator
15mechanic under the laws of another state, if, in the opinion of the department, that
16state's regulation of elevator mechanics is substantially the same as this state's. The
17department may summarily issue an elevator mechanic's license to such an
18individual.
SB704, s. 10 19Section 10. 101.985 (2) (c) of the statutes, as affected by 2009 Wisconsin Act
2042
, is amended to read:
SB704,6,1321 101.985 (2) (c) Emergency licensing. If the governor declares that a state of
22emergency exists in this state under s. 323.10 and the department determines that
23the number of individuals in the state who hold elevator mechanic's licenses issued
24by the department under this section on the date of the declaration is insufficient to
25cope with the emergency, the department shall summarily issue an emergency

1elevator mechanic's license to any individual who is certified by an elevator
2contractor licensed under this subchapter as adequately qualified and able to
3perform the work of an elevator mechanic without direct and immediate supervision,
4who the department determines is so qualified and able, and who applies for an
5emergency elevator mechanic's license on a form prescribed by the department. An
6individual certified by a contractor under this paragraph may perform work as an
7elevator mechanic for up to a total of 5 days preceding the date the individual is
8issued the license. An emergency elevator mechanic's license has a term of 30 days
9and may be renewed by the department in the case of a continuing emergency. The
10department shall specify on an emergency elevator mechanic's license the
11geographic area in which the licensee may provide services under the license. The
12requirements under par. (a) pars. (ab) and (ad) do not apply to an individual who
13applies for an emergency elevator mechanic's license.
SB704, s. 11 14Section 11. 101.985 (2) (d) of the statutes is amended to read:
SB704,7,315 101.985 (2) (d) Temporary licensing. If there are no elevator mechanics
16licensed under this subchapter available to provide services contracted for by an
17elevator contractor licensed under this subchapter, the elevator contractor may
18notify the department and request the issuance of a temporary elevator mechanic's
19license to any individual who is certified by the elevator contractor as adequately
20qualified and able to perform the work of an elevator mechanic without direct and
21immediate supervision and who applies for a temporary elevator mechanic's license
22on a form prescribed by the department. A temporary elevator mechanic's license
23has a term of 30 days and may be renewed by the department in the case of a
24continuing shortage of licensed elevator mechanics. The department shall specify
25on a temporary elevator mechanic's license the elevator contractor in whose employ

1the licensee must remain to provide services under the temporary elevator
2mechanic's license. The requirements under par. (a) pars. (ab) and (ad) do not apply
3to an individual who applies for a temporary elevator mechanic's license.
SB704, s. 12 4Section 12. 101.985 (4) of the statutes is amended to read:
SB704,7,115 101.985 (4) Criminal background check. Upon receipt of an application for a
6license under sub. (1), (2) (a), (ab) or (ad), or (3), the department, with the assistance
7of the department of justice, shall conduct a background investigation of the
8applicant to determine if the information provided by the applicant under sub. (7) (a)
910. is true and if the applicant has any arrests or convictions tending to indicate that
10the applicant is not adequately qualified and able to provide services authorized
11under the license applied for.
SB704, s. 13 12Section 13. 101.985 (5) (b) 1. of the statutes is amended to read:
SB704,7,2013 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an applicant
14for renewal of a license under sub. (1), (2) (a) (ab), (ad), or (b), or (3) shall provide to
15the department a certificate indicating that, during the one-year period before the
16date on which the applicant's license expires, the applicant has satisfactorily met
17with the education requirements established by rule under subd. 2. If the applicant
18is not an individual, the certificate shall indicate that the education requirements
19were satisfactorily met by an individual who, as of the date of the application, is an
20agent of the applicant.
SB704, s. 14 21Section 14. 101.985 (7) (a) (intro.) of the statutes is amended to read:
SB704,7,2422 101.985 (7) (a) (intro.) Each application for a license under subs. (1), (2) (a) (ab)
23or (ad)
, or (3) shall be made on a form prescribed by the department, and each
24application shall contain at least the following information:
SB704, s. 15 25Section 15. Effective date.
SB704,8,2
1(1) This act takes effect on the first day of the 7th month beginning after
2publication.
SB704,8,33 (End)
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