1995 Wisconsin Act 225

225,338 Section 338 . 100.05 of the statutes is renumbered 100.05 (1) and amended to read:

100.05 (1) No operator of a butter factory or cheese factory wherein the value of the milk or cream delivered is determined by the sale of the product manufactured shall use or allow any other person, unless the other person is entitled to the benefit thereof, to use any milk or cream brought to the operator, without the consent of the owner thereof, and such.

(2) The operator of a butter or cheese factory wherein the value of the milk or cream delivered is determined by the sale of the product manufactured shall keep or cause to be kept a correct account (which shall be open to the inspection of any person furnishing milk to the operator and to the department, its chemists, assistants, inspectors and agents) of the amount of milk or cream received daily, and of the number of pounds of butter, and the number and style of cheese made each day, and of the number of cheese cut or otherwise disposed of and the weight of each, and the number of pounds of whey cream sold, with the test.

Note: Subdivides provision and reorganizes text to remove parentheses and for greater readability and conformity with current style. See also the next section to this bill.

225,339 Section 339 . 100.05 (3) of the statutes is created to read:

100.05 (3) The account kept under sub. (2) shall be open to the inspection of any person furnishing milk to the operator and to the department, its chemists, assistants, inspectors and agents.

Note: See the Note to the previous section of this bill.

225,340 Section 340 . 100.201 (1) (c) of the statutes is renumbered 100.201 (1) (c) 1. and amended to read:

100.201 (1) (c) 1. “Selected dairy products" means: 1. milk,

a. Milk, skim milk, fortified milk, flavored milk, flavored skim milk, buttermilk, cream, sour cream, half and half, whipping cream, whipped cream and cottage cheese; and 2. ice

b. Ice cream, ice milk, sherbet, custard, water ices, quiescently frozen ices and frozen dessert novelties manufactured from any such products.

2. The department may by rule, after hearing, designate as selected dairy products such other products derived in whole or in part from milk as it finds necessary to effectuate the purposes of this section; but in .

3. In no event shall there be designated as selected dairy products any of the following: powdered

a. Powdered dry milk or powdered dry cream, condensed.

b. Condensed, concentrated or evaporated milk in hermetically sealed containers, butter.

c. Butter or cheese, other than cottage cheese.

Note: Renumbers provision consistent with current style.

225,341 Section 341 . 100.37 (1m) (b) of the statutes is renumbered 100.37 (1m) (b) (intro.) and amended to read:

100.37 (1m) (b) (intro.) An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness 1) from fracture any of the following:

1. Fracture, fragmentation or disassembly of the article,.

2) from propulsion. Propulsion of the article, or any part or accessory thereof, of the article.

3) from points. Points or other protrusions, surfaces, edges, openings or closures,.

4) from moving. Moving parts ,.

5) from lack. Lack or insufficiency of controls to reduce or stop motion,.

6) as a result of self-adhering. Self-adhering characteristics of the article,.

7) because. Aspiration or ingestion of the article, or any part or accessory thereof, may be aspirated or ingested, of the article.

8) because of instability or. Instability of the article.

9) because of any. Any other aspect of the article's design or manufacture including the capability of producing sounds at a level of 138 decibels or higher.

Note: Subdivides provision for greater conformity with current style and reorganizes text to correct sentence agreement.

225,342 Section 342 . 101.13 (6) (a) of the statutes is repealed.

Note: Deletes definition. This provision defines “remodeling" as used in s. 101.13 (6). After the treatment of s. 101.13 (6) by 1995 Wis. Act 27, “remodeling" is not used in s. 101.13 (6).

225,343 Section 343 . 102.07 (4) of the statutes is renumbered 102.07 (4) (a) (intro.) and amended to read:

102.07 (4) (a) (intro.) Every person in the service of another under any contract of hire, express or implied, all helpers and assistants of employes, whether paid by the employer or employe, if employed with the knowledge, actual or constructive, of the employer, including minors (, who shall have the same power of contracting as adult employes), but not including (a) domestic the following:

1. Domestic servants, (b) any .

2. Any person whose employment is not in the course of a trade, business, profession or occupation of the employer, unless as to any of said classes, such the employer has elected to include them. Item

(b) Par. (a) 2. shall not operate to exclude an employe whose employment is in the course of any trade, business, profession or occupation of the employer, however casual, unusual, desultory or isolated any such the employer's trade, business, profession or occupation may be.

Note: Replaces parentheses, renumbers provision and replaces language for greater conformity with current style.

225,344 Section 344 . 102.43 (5) of the statutes is amended by replacing “101.61 (1m)" with “102.61 (1m)".

Note: Corrects cross-reference. There is no s. 102.61 (1m). The costs referred to in this provision are under s. 102.61 (1m).

225,345 Section 345 . 102.51 (1) (a) of the statutes is renumbered 102.51 (1) (a) (intro.) and amended to read:

102.51 (1) (a) (intro.) The following persons are entitled to death benefits as if they are solely and wholly dependent for support upon a deceased employe:

1. A wife upon a husband with whom she is living at the time of his death; a.

2. A husband upon a wife with whom he is living at the time of her death; a.

3. A child under the age of 18 years (or upon the parent with whom he or she is living at the time of the death of the parent, there being no surviving dependent parent.

4. A child over that the age of 18 years, but physically or mentally incapacitated from earning), upon the parent with whom he or she is living at the time of the death of such the parent, there being no surviving dependent parent.

Note: Renumbers provision and replaces parentheses consistent with current style.

225,346 Section 346 . 103.43 (3) of the statutes is amended to read:

103.43 (3) Any person who shall be influenced, induced or persuaded to engage with any persons mentioned in sub. (1), through or by means of any of the things therein prohibited, shall have a right of action for recovery of all damages that he the person shall have sustained in consequence of the false or deceptive representation, false advertising or false pretenses used to induce him the person to change his or her place of employment or to accept such employment, against any person or persons, corporations or companies or associations, directly or indirectly, causing such damage; and in addition to all such actual damages such workman may have sustained, shall be entitled to recover such reasonable attorney fees as the court shall fix, to be taxed as costs in any judgment recovered.

Note: Replaces gender specific pronouns. The term “workman" is retained to avoid any inference that a substantive change is being made.

225,347 Section 347 . 103.465 of the statutes is amended by replacing “his employer" with “his or her employer".

Note: Renders provision gender neutral.

225,348 Section 348 . 103.49 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 103.49 (2) (a) (intro.) and amended to read:

103.49 (2) (a) (intro.) Any contract hereafter made for the erection, construction, remodeling or repairing of any public building or for any other project of public works, except contracts for the construction or maintenance of public highways and bridges, to which the state, any department thereof, any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no laborer, workman or mechanic employed directly upon the site of the work by the contractor or by any subcontractor, agent or other person, doing or contracting to do all or a part of the work, shall be:

1. Be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section, except that any such laborer, workman or mechanic may be permitted or required to work more than such the prevailing number of hours per day and per calendar week if he the laborer, workman or mechanic is paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times his or her hourly basic rate of pay; nor shall he be

2. Be paid less than the prevailing wage rate in the same or most similar trade or occupation in the area wherein such the public building or project of public works is situated; nor shall this.

(b) This section does not apply to wage rates and hours of employment of laborers, workmen or mechanics engaged in the processing or manufacture of materials or products or to the delivery thereof by or for commercial establishments which have a fixed place of business from which they regularly supply such processed or manufactured materials or products;, except that this section shall apply to laborers, workmen or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. The.

(c) Each contract described in par. (a) (intro.) shall specifically set forth the prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay determined pursuant to this section shall be set forth specifically in the contract.

Note: Subdivides provision and replaces language for greater readability and conformity with current style. The term “workman" is retained to avoid any inference that a substantive change is being made.

225,349 Section 349 . 103.49 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

103.49 (4) Any officer or employe of the state or of the University of Wisconsin Hospitals and Clinics Authority who publishes any specifications or executes any contract for the erection, construction, remodeling or repairing of any public building or of any other project of public works as defined in sub. (2) (a) (intro.), to which the state, any department thereof, any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party without complying with this section and any contractor, subcontractor or agent thereof who, after executing a contract in compliance with this section, pays to any laborer, workman or mechanic employed directly upon the site of the work in his or their the employ of the contractor, subcontractor or agent a lesser wage for work done under such the contract than the prevailing wage rate as set forth in the contract shall be fined not more than $200 or imprisoned for not more than 6 months or both. Such The agent or subcontractor shall furnish to the contractor evidence of compliance with this section. Each day any violation of this subsection continues shall be deemed a separate offense.

Note: Renders provision gender neutral and replaces language not in conformity with current style.

225,350 Section 350 . 103.49 (6) of the statutes is amended to read:

103.49 (6) This section shall not apply to a contract, or to work under a contract, described or referred to in sub. (2) (a) (intro.) if the estimated cost of completing the project is less than the estimated cost of completion under s. 66.293 (3) (c) as adjusted by the department.

225,351 Section 351 . 103.50 (2) of the statutes is renumbered 103.50 (2) (a) and amended to read:

103.50 (2) (a) No laborer or mechanic in the employ of the contractor or of any subcontractor, agent or other person doing or contracting to do all or a part of the work under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway shall be permitted to work a longer number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section; nor shall he.

(b) No laborer or mechanic described in par. (a) shall be paid a lesser rate of wages than the prevailing rate of wages thus determined, for the area in which the work is to be done; except that any such laborer or mechanic may be permitted or required to work more than such the prevailing number of hours per day and per calendar week if he the laborer or mechanic is paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times his or her hourly basic rate of pay.

(c) This section shall not apply to wage rates and hours of employment of laborers or mechanics engaged in the processing or manufacture of materials or products or to the delivery thereof by or for commercial establishments which have a fixed place of business from which they regularly supply such processed or manufactured materials or products; except that this section shall apply to laborers or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,352 Section 352 . 103.51 of the statutes is renumbered 103.51 (intro.) and amended to read:

103.51 Public policy as to collective bargaining. (intro.) In the interpretation and application of ss. 103.51 to 103.62 the public policy of this state is declared as follows:

(1) Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employes. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman worker have full freedom of association, self-organization, and the designation of representatives of his the worker's own choosing, to negotiate the terms and conditions of his the worker's employment, and that he the worker shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Note: Renders provision gender neutral and terminology consistent.

225,353 Section 353 . 103.62 (1) of the statutes is renumbered 103.62 (1) (intro.) and amended to read:

103.62 (1) (intro.) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employes of one employer; or who are members of the same or an affiliated organization of employers or employes; whether such dispute is any of the following:

(a) between Between one or more employers or associations of employers and one or more employes or associations of employes;.

(b) between Between one or more employers or associations of employers and one or more employers or associations of employers; or.

(c) between Between one or more employes or associations of employes and one or more employes or associations of employes; or when the case involves.

(d) Between any conflicting or competing interests in a “labor dispute" (, as defined in sub. (3)), of “persons participating or interested" therein (, as defined in sub. (2)).

Note: Renumbers provision and deletes parentheses for greater conformity with current style.

225,354 Section 354 . 103.68 (2) of the statutes is amended to read:

103.68 (2) No minor under sixteen 16 shall be employed or permitted to work in any gainful occupation other than domestic service or farm labor more than twenty-four 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions as defined in s. 103.78, or in street trades as defined in s. 103.21, before seven A.M. 7 a.m. nor after six P.M 6 p.m.

Note: Inserts digits and lower case letters consistent with current style.

225,355 Section 355 . 103.68 (3) of the statutes is amended to read:

103.68 (3) At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m., 12 m. noon, 6 p.m. or 12 p.m. midnight or approximately midway of any work period or at such other times as deemed reasonable by the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.

Note: Replaces language for consistency with current style.

225,356 Section 356 . 103.90 (4) of the statutes is amended to read:

103.90 (4) “Migrant labor contractor" means any person, who, for a fee or other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers (, excluding members of the contractor's immediate family), for employment in this state. Such term “Migrant labor contractor" shall not include an employer or any full-time regular employes of an employer who engages in any such activity for the purpose of supplying workers solely for the employer's own operation.

Note: Replaces parentheses and nonspecific reference consistent with current style.

225,357 Section 357 . 106.04 (2r) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: