MED&KP:cdc
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Sinicki, Neubauer, Haywood,
Spreitzer, Ohnstad, Shankland, Bowen, Doyle, Shelton, Andraca, Drake,
Emerson, Snodgrass, Cabrera, Stubbs, Pope, Hong, Conley, Subeck,
Vruwink, Milroy and Hebl, cosponsored by Senators Wirch,
Ringhand,
Johnson, Bewley, Agard, Erpenbach, Carpenter, Roys and Larson. Referred
to Committee on Rules.
AB1126,1,3
1An Act to repeal 101.1472; and
to create 101.147 and 101.19 (1g) (m) of the
2statutes;
relating to: construction contractor registration and granting
3rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires most persons who hold themselves out or act as a construction
contractor to be registered by the Department of Safety and Professional Services.
DSPS may directly assess a forfeiture by issuing an order against any person who
fails to register as required under the bill. The registration requirement does not
apply to a person who engages in construction on his or her own property, to a state
agency or local governmental unit, or to a person who engages in construction in the
course of his or her employment by a state agency or local governmental unit.
For further information see the state and local 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:
AB1126,1
4Section 1
. 101.147 of the statutes is created to read:
AB1126,2,2
5101.147 Construction contractor registration. (1) (a) Except as provided
6in par. (b), no person may hold himself or herself out or act as a construction
1contractor unless that person is registered as a construction contractor by the
2department.
AB1126,2,43
(b) The registration requirement under par. (a) does not apply to any of the
4following:
AB1126,2,65
1. A person who engages in construction on property owned or leased by that
6person.
AB1126,2,77
2. A state agency or local governmental unit.
AB1126,2,98
3. A person who engages in construction in the course of his or her employment
9by a state agency or local governmental unit.
AB1126,2,11
10(2) An application for a registration under this section shall require the
11applicant to submit all of the following:
AB1126,2,1312
(a) The applicant's name, contact information, and physical address for the
13business principal.
AB1126,2,1814
(b) If the applicant is a corporation, limited liability company, limited
15partnership, or limited liability partnership and is not organized under ch. 178, 179,
16180, 181, or 183, evidence that the applicant is registered, or has obtained a
17certificate of authority or registration, to transact business in this state under s.
18178.1003, 179.87, 180.1503, 181.1503, or 183.1004, as applicable.
AB1126,2,1919
(c) Evidence of compliance with the requirements under ss. 108.17 to 108.205.
AB1126,2,2020
(d) Evidence of compliance with s. 102.28 (2).
AB1126,2,2221
(e) An acknowledgment of worker classification laws and penalties to ensure
22that registered construction contractors are aware of their obligations.
AB1126,2,24
23(3) The department may directly assess a forfeiture by issuing an order against
24any person who violates this section.
AB1126,3,2
1(4) The department shall, with the advice of the department of workforce
2development, promulgate rules to administer and enforce this section.
AB1126,2
3Section
2. 101.1472 of the statutes is repealed.
AB1126,3
4Section 3
. 101.19 (1g) (m) of the statutes is created to read:
AB1126,3,55
101.19
(1g) (m) Registering construction contractors under s. 101.147.
