1995 Wisconsin Act 225

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:

106.04 (2r) (a) 5. “Remodeling" has the meaning given in s. 101.13 (6) (a) means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.

Note: See the note to the treatment of s. 101.13 (6) (a) by this bill.

225,358 Section 358 . 106.25 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3726, is amended to read:

106.25 (2) Death and disability benefits. If the department finds that the injury or death of a state or local government officer or employe arose out of the performance of duties in connection with a public insurrection, and finds that death or disability benefits are payable under ch. 102, a supplemental award equal to the amount of the benefits (, other than medical expense), payable under ch. 102 shall be made to the persons and in the same manner provided by ch. 102, except that when benefits are payable under s. 102.49, a supplemental award equal to one-half the benefits payable under that section shall be made.

Note: Replaces parentheses consistent with current style.

225,359 Section 359 . 108.02 (15) (b) (intro.) of the statutes is amended to read:

108.02 (15) (b) (intro.) The term “employment" shall include an individual's entire service (performed within, or partly within and partly outside, Wisconsin), if such service is “localized" in Wisconsin; and shall also include such service, if it is not “localized" in any state but is performed partly within Wisconsin, and if:

Note: Deletes parentheses for greater conformity with current style.

225,360 Section 360 . 108.02 (15) (dn) (intro.) of the statutes is amended to read:

108.02 (15) (dn) (intro.) “Employment" includes the service of an individual who is a citizen of the United States, performed outside the United States (, except in Canada), in the employ of an American employer, other than service which is deemed “employment" under par. (b), (c) or (d) or the parallel provisions of another state's law, if:

225,361 Section 361 . 108.02 (21) (c) of the statutes is amended to read:

108.02 (21) (c) If the federal unemployment tax is amended to apply to a higher amount of wages (paid to an individual during a calendar year) than the amount specified in par. (b), then such the higher amount shall likewise apply under par. (b), as a substitute for the amount there specified, starting with the same period to which such the federal amendment first applies.

Note: Deletes parentheses for greater conformity with current style.

225,362 Section 362 . 108.14 (6) of the statutes is amended by replacing “accounts (without naming any employer) and covering" with “accounts, without naming any employer, and covering".

Note: Replaces parentheses for greater conformity with current style.

225,363 Section 363 . 108.14 (15) of the statutes is amended by replacing “state (rather than national) action" with “state, rather than national, action".

Note: Replaces parentheses for greater conformity with current style.

225,364 Section 364 . 108.141 (1) (d) of the statutes is amended to read:

108.141 (1) (d) “Extended benefits" means benefits (, including benefits payable to federal civilian employes and to individuals who were formerly engaged in federal service pursuant to 5 USC ch. 85), payable to an individual under this section for weeks of unemployment in that individual's eligibility period.

Note: Replaces parentheses for greater conformity with current style.

225,365 Section 365 . 108.16 (4) of the statutes is renumbered 108.16 (4) (a) and amended to read:

108.16 (4) (a) Consistently with sub. (5), all contributions payable to the unemployment reserve fund shall be paid to the department, and shall promptly be deposited by the department to the credit of the unemployment reserve fund, with such custodians as that the department may from time to time select, who shall hold, release and transfer the fund's cash in a manner approved by the department. Payments from said the fund shall be made upon vouchers or drafts authorized by the department, in such the manner as that the department may from time to time approve or prescribe. Any procedure thus approved or prescribed shall be deemed considered to satisfy (, and shall be in lieu of), any and all statutory requirements (, for specific appropriation or other formal release by state officers of state moneys prior to their expenditure) , which might otherwise be applicable to withdrawals from the fund.

(b) The department shall designate a treasurer of the unemployment reserve fund, who shall be either a regular salaried employe of the department or the state treasurer and shall serve as treasurer of the fund until a successor designated by the department has assumed the duties of this office.

(c) The treasurer of the fund shall give a separate bond conditioned upon the faithful performance of these duties pursuant to s. 19.01 (2), which bond shall be deemed considered likewise conditioned upon the faithful performance by his or her subordinates of their duties, in such amount as may be fixed by the department. All premiums upon the bond required pursuant to this section when furnished by an authorized surety company or by a duly constituted governmental bonding fund shall ( , except as otherwise provided in this section), be paid from the interest earnings of the unemployment reserve fund, but shall not exceed one-fourth of one percent, per year, of the amount of said the bond.

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

225,366 Section 366 . 108.16 (5) (a) of the statutes is amended to read:

108.16 (5) (a) All money received for the fund shall promptly upon such receipt be deposited to its the fund's credit in the “Unemployment Trust Fund" of the United States, in such the manner as that the secretary of the treasury of the United States (, or other authorized custodian of said trust fund) the U.S. unemployment trust fund, may approve, so long as said trust fund the U.S. unemployment trust fund exists and maintains for this state a separate book account (, for the purposes of this chapter), from which no other state or agency can make withdrawals, any other statutory provision to the contrary notwithstanding.

Note: Replaces language and parentheses for greater readability and conformity with current style.

225,367 Section 367 . 108.16 (6) (a) of the statutes is amended to read:

108.16 (6) (a) All interest earnings, on moneys belonging to the fund, received by (, or duly apportioned to), the fund, as of the close of the quarter in which such the interest accrued.

Note: Replaces language parentheses for greater readability and conformity with current style.

225,368 Section 368 . 108.161 (4) (intro.) of the statutes is amended by replacing “pursuant to (and after the effective date of) a specific" with “pursuant to, and after the effective date of, a specific".

Note: Replaces parentheses for greater conformity with current style.

225,369 Section 369 . 108.161 (6) of the statutes is amended by replacing “shall (until spent) be deemed part" with “shall, until spent, be considered part".

Note: Replaces parentheses and language for greater conformity with current style.

225,370 Section 370 . 108.161 (8m) of the statutes is amended by replacing “financed (or for equivalent substitute quarters) shall" with “financed, or for equivalent substitute quarters, shall".

Note: Replaces parentheses for greater conformity with current style.

225,371 Section 371 . 108.18 (2) (b) 2. of the statutes is amended to read:

108.18 (2) (b) 2. As of the next June 30 computation date was overdrawn (, with a negative reserve percentage).

Note: Replaces parentheses for greater conformity with current style.

225,372 Section 372 . 111.02 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing “employer (employed within the state), except" with “employer, employed within the state, except".

Note: Deletes parentheses for greater conformity with current style.

225,373 Section 373 . 111.06 (1) (g) of the statutes is amended by replacing “determination (after appeal, if any) of any tribunal" with “determination, after appeal, if any, of any tribunal".

Note: Replaces parentheses for greater conformity with current style.

225,374 Section 374 . 111.06 (2) (c) of the statutes is amended to read:

111.06 (2) (c) To violate the terms of a collective bargaining agreement (, including an agreement to accept an arbitration award).

Note: Replaces parentheses for greater conformity with current style.

225,375 Section 375 . 111.06 (2) (d) of the statutes is amended by replacing “determination (after appeal, if any) of any tribunal" with “determination, after appeal, if any, of any tribunal".

Note: Replaces parentheses for greater conformity with current style.

225,376 Section 376 . 111.07 (6) of the statutes is amended by replacing “award (whether made by an individual commissioner, an examiner, or by the commission as a body) at any time" with “award, whether made by an individual commissioner, an examiner, or by the commission as a body, at any time".

Note: Replaces parentheses for greater conformity with current style.

225,377 Section 377 . 111.11 of the statutes, as affected by 1995 Wisconsin Act 27, section 3787u, is renumbered 111.11 (1).

Note: Section 111.11 (1) is renumbered s. 111.11 by 1995 Wis. Act 27 effective on the date after publication. The remainder of the section is renumbered to another section effective 7-1-97. Through an error, section 9459 (2) (c) provides that s. 111.11 (title), which is not treated by Act 27, rather than s. 111.11 (1) is effective 7-1-97. The following section of this bill recreates the renumbering of s. 111. 11 (1) effective 7-1-97.

225,378 Section 378 . 111.11 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 111.11.

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

225,379 Section 379 . 111.51 (5) of the statutes is renumbered 111.51 (5) (a) and amended to read:

111.51 (5) (a) “Public utility employer" means any employer (, other than the state or any political subdivision thereof), engaged in the business of furnishing water, light, heat, gas, electric power, public passenger transportation or communication, or any one or more of them, to the public in this state; and shall be deemed considered to include a rural electrification cooperative association engaged in the business of furnishing any one or more of such services or utilities to its members in this state.

(b) Nothing in this subsection shall be interpreted or construed to mean that rural electrification cooperative associations are hereby brought under or made subject to ch. 196 or other laws creating, governing or controlling public utilities, it being the intent of the legislature to specifically exclude rural electrification cooperative associations from the provisions of such laws.

(c) This subchapter does not apply to railroads nor railroad employes.

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

225,380 Section 380 . 111.55 of the statutes is amended to read:

111.55 Conciliator unable to effect settlement; appointment of arbitrators. If the a conciliator so named under s. 111.54 is unable to effect a settlement of such a labor dispute between a public utility employer and its employes within a 15-day period after the conciliator's appointment, the conciliator shall report such that fact to the commission; and the. The commission, if it believes that a continuation of the dispute will cause or is likely to cause the interruption of an essential service, shall submit to the parties the names of either 3 or 5 persons from the panel provided for in s. 111.53. Each party shall alternately strike one name from such list of persons. The person or persons left on the list shall be appointed by the commission as the arbitrator (or arbitrators) to hear and determine such dispute.

Note: Deletes parentheses and replaces language for greater readability and conformity with current style.

225,381 Section 381 . 111.59 of the statutes is renumbered 111.59 (2) and amended to read:

111.59 (2) The arbitrator shall hand down his or her findings, decision and order (hereinafter referred to as the order) within 30 days after his or her appointment; except that the parties may agree to extend, or the commission may for good cause extend the period for not to exceed an additional 30 days. If the arbitrators do not agree, then the decision of the majority shall constitute the order in the case. The arbitrator shall furnish to each of the parties and to the public service commission a copy of the order. A certified copy thereof shall be filed in the office of the clerk of the circuit court of the county wherein the dispute arose or where the majority of the employes involved in the dispute resides.

(3) Unless such the order is reversed upon a petition for review filed pursuant to s. 111.60, such the order, together with such any other agreements as that the parties may themselves have reached, shall become binding upon, and shall control the relationship between the parties from the date such on which the order is filed with the clerk of the circuit court, as aforesaid, and provided in sub. (2). The order shall continue effective for one year from that date, but such the order may be changed by mutual consent or agreement of the parties. No order of the arbitrators relating to wages or rates of pay shall be retroactive to a date before the date of the termination of any contract which may have existed between the parties, or, if there was no such prior contract, to a date before the day on which the demands involved in the dispute were presented to the other party. The question whether or not new contract provisions or amendments to an existing contract are retroactive to the terminating date of a present contract, amendments or part thereof, shall be matter for collective bargaining or decision by the arbitrator.

Note: Subdivides provision and replaces and reorganizes language for greater readability and conformity with current style. See also the next section of this bill.

225,382 Section 382 . 111.59 (1) of the statutes is created to read:

111.59 (1) In this section, “order" means the findings, decision and order of the arbitrator.

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

225,383 Section 383 . 111.70 (1) (d) of the statutes is amended to read:

111.70 (1) (d) “Craft employe" means a skilled journeyman craftsman, including his the skilled journeyman craftsman's apprentices and helpers, but shall not include employes not in direct line of progression in the craft.

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

225,384 Section 384 . 111.88 (3) of the statutes is amended to read:

111.88 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making such findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, he the fact finder shall submit a copy thereof to the commission at its Madison office.

Note: Renders provision gender neutral.

225,385 Section 385 . 112.10 (1) (d) of the statutes is renumbered 112.10 (1) (d) 1. (intro.) and amended to read:

112.10 (1) (d) 1. (intro.) “Historic dollar value" means the aggregate fair value in dollars of 1) an the following:

a. An endowment fund at the time it became an endowment fund, 2) each.

b. Each subsequent donation to the fund at the time it is made, and 3) each.

c. Each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund.

2. The determination of historic dollar value made in good faith by the institution is conclusive.