"SECTION 5847e. 218.01 (2) (bd) 1g. of the statutes is amended to read:
218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department or the office of the commissioner of transportation division of hearings and appeals.
SECTION 5847g. 218.01 (2) (bd) 1g. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department of transportation, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department of transportation or the division of hearings and appeals.
SECTION 5847m. 218.01 (2) (bd) 1r. of the statutes is amended to read:
218.01 (2) (bd) 1r. The notice served upon a motor vehicle dealer under subds. 1. and 1g. is not effective unless it conspicuously displays the following statement:
NOTICE TO DEALER
YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2) A HEARING BY THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION division of hearings and appeals IF MEDIATION DOES NOT RESOLVE THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone number).".
620.
Page 1729, line 11: after that line insert:
"SECTION 5867m. 218.01 (2c) (c) of the statutes is amended to read:
218.01 (2c) (c) The ownership, operation or control of a dealership by a manufacturer, importer or distributor, or subsidiary thereof, which does not meet the conditions under par. (a) or (b), if the office of the commissioner of transportation division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the manufacturer, importer or distributor.".
621.
Page 1730, line 24: after that line insert:
"SECTION 5869m. 218.01 (3) (a) 24. of the statutes is amended to read:
218.01 (3) (a) 24. Being a manufacturer, importer or distributor who fails to comply with the procedures in sub. (3x) regarding a dealer's request for approval of a change of ownership or executive management, transfer of its dealership assets to another person, adding another franchise at the same location as its existing franchise, or relocation of a franchise or who fails to comply with an order of the office of the commissioner of transportation division of hearings and appeals issued under sub. (3x).".
622.
Page 1736, line 16: delete the material beginning with that line and ending with page 1737, line 14, and substitute:
"SECTION 5885g. 218.01 (3x) (b) 2. of the statutes is amended to read:
218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the office of the commissioner of transportation division of hearings and appeals under par. (c) 2.
SECTION 5885m. 218.01 (3x) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department of transportation and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the division of hearings and appeals under par. (c) 2.
SECTION 5886d. 218.01 (3x) (b) 3. of the statutes is amended to read:
218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2 may file with the department and the office of the commissioner of transportation division of hearings and appeals and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The office of the commissioner of transportation division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.
SECTION 5886g. 218.01 (3x) (b) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2. may file with the department of transportation and the division of hearings and appeals and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.
SECTION 5886j. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:
218.01 (3x) (c) 1. (intro.) In determining if there is good cause for permitting a proposed action to be undertaken, the office of the commissioner of transportation division of hearings and appeals may consider any relevant factor including:
SECTION 5886m. 218.01 (3x) (c) 2. of the statutes is amended to read:
218.01 (3x) (c) 2. The decision of the office of the commissioner of transportation division of hearings and appeals shall be in writing and shall contain findings of fact and a determination of whether there is good cause for permitting the proposed action to be undertaken. The decision shall include an order that the dealer be allowed or is not allowed to undertake the proposed action, as the case may be. The order may require fulfillment of appropriate conditions before and after the proposed action is undertaken.".
623.
Page 1740, line 19: after that line insert:
"SECTION 5893g. 218.01 (7m) (a) of the statutes is amended to read:
218.01 (7m) (a) A licensee may not file a complaint or petition with the office of the commissioner of transportation division of hearings and appeals or bring an action under sub. (9) (a), based on an alleged violation of this section by any other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a demand for mediation upon the other licensee before or contemporaneous with the filing of the complaint or petition or the bringing of the action. A demand for mediation shall be in writing and served upon the other licensee by certified mail at an address designated for that licensee in the licensor's records. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the licensee filing the demand.
SECTION 5893m. 218.01 (7m) (c) of the statutes is amended to read:
218.01 (7m) (c) The service of a demand for mediation under par. (a) shall stay the time for the filing of any complaint or petition with the office of the commissioner of transportation division of hearings and appeals or for bringing an action under sub. (9) (a), based on an alleged violation of this section by the other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint or petition is filed before the meeting, the office of the commissioner of transportation division of hearings and appeals or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection, enter an order suspending the proceeding or action for as long a period as the commissioner of transportation division of hearings and appeals or court considers to be appropriate. A suspension order issued under this paragraph may be revoked upon motion of any party or upon motion of the office of the commissioner of transportation division of hearings and appeals or the court.".
624.
Page 1762, line 4: after that line insert:
"SECTION 5974b. 218.165 (1) of the statutes is amended to read:
218.165 (1) The importation of a primary housing unit for sale in this state by an out-of-state manufacturer is deemed an irrevocable appointment by that manufacturer of the secretary of state department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such primary housing unit into this state.
SECTION 5975b. 218.165 (2) of the statutes is amended to read:
218.165 (2) The secretary of state department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The secretary of state department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.".
625.
Page 1797, line 9: restore the stricken material and delete the underscored material.
626.
Page 1805, line 25: restore the stricken material and delete the underscored material.
627.
Page 1806, line 1: restore the stricken material and delete the underscored material.
628.
Page 1832, line 16: on lines 16 and 17, delete "state treasurer secretary of administration" and substitute "state treasurer".
629.
Page 1847, line 11: delete lines 11 to 13.
630.
Page 1847, line 16: on lines 16, 20 and 25, restore the stricken material and delete the underscored material.
631.
Page 1848, line 2: on lines 2, 4, 6, 8, 13 and 15, restore the stricken material and delete the underscored material.
632.
Page 1848, line 18: delete the material beginning with that line and ending with page 1849, line 2.
633.
Page 1856, line 19: after that line insert:
"SECTION 6211b. 226.025 (3) of the statutes is amended to read:
226.025 (3) The appointment of the secretary of state department of financial institutions or the designation of a resident agent as attorney for the service of summons, notice, pleadings or process under s. 180.1507 shall be applicable only to actions or proceedings against the foreign corporations described in this section (unless such corporations have been admitted to this state for purposes other than those mentioned in this section) where the cause of action or proceeding arises out of transactions between such foreign corporations and public utilities operating in this state with which such foreign corporations are affiliated; and to actions or proceedings by or before the public service commission or office of the commissioner of railroads involving the transactions described in sub. (1), or involving the relation between such foreign corporations and public utilities operating in this state with which they are affiliated.
SECTION 6212b. 226.14 (1) of the statutes is amended to read:
226.14 (1) No common law trust organized in this state, and no such trust formed or organized under or by authority of the laws of any state or foreign jurisdiction, for the purpose of doing business under a declaration of trust which shall have issued to five or more persons, or which shall sell or propose to sell beneficial interests, certificates or memberships therein, shall transact business, or acquire, hold or dispose of property in this state until the trustees named in said declaration of trust shall have caused to be filed in the office of the secretary of state with the department of financial institutions the original declaration of trust, or a true copy thereof, and all amendments which may be made, verified as such by the affidavits of two of the signers thereof. A like verified copy of the declaration and such amendments, and a certificate of the secretary of state department of financial institutions, showing the date when such declaration was filed and accepted by the secretary of state department of financial institutions within thirty days of such filing and acceptance, shall be recorded with the register of deeds of the county in which such trust has its principal office or place of business in this state. No such trust shall transact business in this state until such declaration or such copy thereof be left for record. The register of deeds shall forthwith transmit to the secretary of state department of financial institutions a certificate stating the time when such copy was recorded and shall be entitled to a fee of twenty-five cents therefor, to be paid by the person presenting such papers for record. Upon receipt of such certificate the secretary of state department of financial institutions shall issue to said trustees a certificate of filing.
SECTION 6213b. 226.14 (3) of the statutes is amended to read:
226.14 (3) Every such trust shall pay to the secretary of state department of financial institutions a filing fee of $50, and $15 for each subsequent amendment, together with a further fee of $1 for each $1,000 of beneficial certificates sold or offered for sale in this state.
SECTION 6214b. 226.14 (4) (intro.) of the statutes is amended to read:
226.14 (4) (intro.) Every such trust shall file, accompanied by a filing fee of $5, in the office of the secretary of state with the department of financial institutions a verified statement on or before each March 31, showing the names and addresses of each of the trustees; the nature of the business transacted during the preceding year; in what states such trust is operating; the amount and number of beneficial certificates sold in this state, or elsewhere; a statement as to the total amount of beneficial certificates outstanding. Any such report not filed before April 1, may be filed only upon payment to the secretary of state department of financial institutions of the following fees:
SECTION 6215b. 226.14 (4) (c) of the statutes is amended to read:
226.14 (4) (c) If said report is not filed before the following January 1, the trust shall not be in good standing. Until it is restored to good standing the secretary of state department of financial institutions shall not accept for filing any documents respecting such trust except documents incident to its dissolution.
SECTION 6216b. 226.14 (4) (d) of the statutes is amended to read:
226.14 (4) (d) The trust may be restored to good standing by delivering to the secretary of state department of financial institutions a current annual report conforming to the requirements of this section and by paying to the secretary of state department of financial institutions $10 for each calendar year or part thereof during which the trust has not been in good standing, not exceeding a total of $105.
SECTION 6217b. 226.14 (5) of the statutes is amended to read:
226.14 (5) Every such trust shall file in the office of the secretary of state with the department of financial institutions the name of a trustee or trustees, if they designate more than one, resident in this state upon whom service may be made for and on behalf of said trust; or if none of such trustees reside in this state, then a statement shall be duly filed by the trustees appointing the secretary of state department of financial institutions as the agent to accept service of process in this state, which appointment shall continue so long as such trust has any liabilities outstanding in this state.".
634.
Page 1857, line 4: delete lines 4 to 6.
635.
Page 1858, line 24: after that line insert:
"SECTION 6232. 227.485 (2) (e) of the statutes is amended to read:
227.485 (2) (e) "State agency" does not include the public intervenor or citizens utility board.".
636.
Page 1863, line 14: after that line insert:
"SECTION 6242m. 230.01 (2) of the statutes is amended to read:
230.01 (2) It is the policy of the state and the responsibility of the secretary and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, handicap, sex, national origin, ancestry, sexual orientation or political affiliation. It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter. It is the policy of the state to ensure its employes opportunities for satisfying careers and fair treatment based on the value of each employe's services. It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employe employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III. It Subject to the pay range maximum and compensation maximum under s. 230.125, it is the policy of this state to correct pay inequities based on gender or race in the state civil service system.".
637.
Page 1865, line 17: after that line insert:
"SECTION 6274m. 230.08 (2) (t) of the statutes is created to read:
230.08 (2) (t) All employes of the office of the state superintendent of public instruction.".
638.
Page 1865, line 18: after that line insert:
"SECTION 6275m. 230.08 (2) (yz) of the statutes is created to read:
230.08 (2) (yz) The staff of the Wisconsin sesquicentennial commission.".
639.
Page 1866, line 4: after that line insert:
"SECTION 6277r. 230.09 (2) (b) of the statutes is amended to read:
230.09 (2) (b) To accommodate and effectuate the continuing changes in the classification plan as a result of the classification survey program and otherwise, the secretary shall, upon initial establishment of a classification, assign that class to the appropriate pay rate or range, and may, upon subsequent review, reassign classes to different pay rates or ranges. The secretary shall assign each class to a pay range according to the skill, effort, responsibility and working conditions required for the class, without regard to whether the class is occupied primarily by members of a certain gender or racial group. The secretary shall give notice to appointing authorities to permit them to make recommendations before final action is taken on any such assignment or reassignment of classes. Section 230.125 shall apply to this paragraph.".
640.
Page 1866, line 24: after that line insert:
"SECTION 6279c. 230.12 (1) (b) of the statutes is amended to read:
230.12 (1) (b) Schedules. The several separate pay schedules may incorporate different wage and salary administration features. Each Subject to the pay range maximum and compensation maximum under s. 230.125, each schedule shall provide for pay ranges or pay rates and applicable methods and frequency of within range pay adjustments based on such considerations as competitive practice, appropriate principles and techniques of wage and salary administration and determination, elimination of pay inequities based on gender or race, and the needs of the service. Not limited by enumeration, such considerations for establishment of pay rates and ranges and applicable within range pay adjustments may include provisions prevalent in schedules used in other public and private employment, professional or advanced training, recognized expertise, or any other criteria which assures state employe compensation is set on an equitable basis.
SECTION 6279g. 230.12 (3) (a) of the statutes is amended to read:
230.12 (3) (a) Submission to the joint committee on employment relations. The secretary shall submit to the joint committee on employment relations a proposal for any required changes in the compensation plan which may include across the board pay adjustments for positions in the classified service. The proposal shall include the amounts and methods for within range pay progression, for pay transactions, and for performance awards. The proposal shall be based upon experience in recruiting for the service, the principle of providing pay equity regardless of gender or race, data collected as to rates of pay for comparable work in other public services and in commercial and industrial establishments, recommendations of agencies and any special studies carried on as to the need for any changes in the compensation plan to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. Section 230.125 shall apply to any proposal submitted to the joint committee on employment relations under this paragraph.
SECTION 6279n. 230.12 (3) (b) of the statutes is amended to read:
230.12 (3) (b) Public hearing on the proposal; adoption of plan. The secretary shall submit the proposal for any required changes in the compensation plan to the joint committee on employment relations. The committee shall hold a public hearing on the proposal. The proposal, as may be modified by the joint committee on employment relations together with the unchanged provisions of the current compensation plan, shall, for the ensuing fiscal year or until a new or modified plan is adopted under this subsection, constitute the state's compensation plan for positions in the classified service. Any modification of the secretary's proposed changes in the compensation plan by the joint committee on employment relations may be disapproved by the governor within 10 calendar days. A vote of 6 members of the joint committee on employment relations is required to set aside any such disapproval of the governor. The joint committee on employment relations may not approve or modify and approve any changes in the compensation plan that exceed any pay range or compensation maximum established under s. 230.125.
SECTION 6279r. 230.12 (3) (e) of the statutes is amended to read:
230.12 (3) (e) University of Wisconsin system faculty and academic staff employes. The secretary, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employe benefits for employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of ch. 111 for which a representative is certified. The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employe benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employe benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents. Section 230.125 shall apply to any proposal submitted to the joint committee on employment relations under this paragraph.
SECTION 6279w. 230.125 of the statutes is created to read:
230.125 Nonpublic employer pay survey; maximum pay ranges and compensation. (1) Annually, the department shall conduct a pay survey among nonpublic employers to determine the prevailing market wage for jobs in the private sector that are comparable to positions in state employment, other than for positions occupied by employes who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 and by employes of the state court system whose compensation is set under s. 751.02. If there is no comparable job in the private sector for a position in state employment, the department may survey public employers in other states to determine the prevailing market wage for comparable jobs in public employment in other states. The department shall complete the pay survey and the secretary shall submit the results of the pay survey to the cochairpersons of the joint committee on employment relations before the beginning of the first day of the pay period closest to July 1 of each year.
(2) Beginning on the first day of the pay period closest to July 1 of each year, no employe, other than an employe who is included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 or an employe of the state court system whose compensation is set under s. 751.02, may receive an increase in his or her basic pay rate, other than an across the board pay adjustment, if his or her basic pay rate is equal to or greater than 150% of the prevailing market wage for a job in the private sector or, where applicable, public sector, that is comparable to his or her position in state employment, as determined by the pay survey conducted by the department under sub. (1).
(3) If the pay range maximum for a position in state employment, other than a position occupied by an employe who is included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 or by an employe of the state court system whose compensation is set under s. 751.02, is equal to or greater than 150% of the prevailing market wage for such a job in the private sector or, where applicable, public sector, as determined by the pay survey conducted by the department under sub. (1), the pay range maximum for that position may not be increased. If the pay range maximum for such a position in state employment is less than 150% of the prevailing market wage for such a job in the private sector or, where applicable, public sector, the pay range maximum for that position may not be increased to an amount that is equal to or greater than 150% of the prevailing market wage for such a job in the private sector or, where applicable, public sector.".
