SB436: Bill Text

SB436, s. 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.

SB436, s. 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.

SB436, s. 379 Section 379. 111.51 (5) of the statutes is renumbered 111.51 (5) (a) and amended to read:

SB436,149,3 111.51 (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.

SB436,149,8 (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.

SB436,149,9 (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.

SB436, s. 380 Section 380. 111.55 of the statutes is amended to read:

SB436,149,20 111.55 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.

SB436, s. 381 Section 381. 111.59 of the statutes is renumbered 111.59 (2) and amended to read:

SB436,150,9 111.59 (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.

SB436,150,23 (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.

SB436, s. 382 Section 382. 111.59 (1) of the statutes is created to read:

SB436,151,3 111.59 (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.

SB436, s. 383 Section 383. 111.70 (1) (d) of the statutes is amended to read:

SB436,151,7 111.70 (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.

SB436, s. 384 Section 384. 111.88 (3) of the statutes is amended to read:

SB436,151,20 111.88 (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.

SB436, s. 385 Section 385. 112.10 (1) (d) of the statutes is renumbered 112.10 (1) (d) 1. (intro.) and amended to read:

SB436,152,2 112.10 (1) (d) 1. (intro.) "Historic dollar value" means the aggregate fair value in dollars of 1) an the following:

SB436,152,3 a. An endowment fund at the time it became an endowment fund, 2) each.

SB436,152,4 b. Each subsequent donation to the fund at the time it is made, and 3) each.

SB436,152,6 c. Each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund.

SB436,152,8 2. The determination of historic dollar value made in good faith by the institution is conclusive.

Note: Subdivides provision for greater readability and consistency with current style.

SB436, s. 386 Section 386. 112.10 (1) (f) of the statutes is renumbered 112.10 (1) (f) (intro.) and amended to read:

SB436,152,12 112.10 (1) (f) (intro.) "Institutional fund" means a fund held by an institution for its exclusive use, benefit, or purposes, but does not include any of the following:

SB436,152,13 1) a. A fund held for an institution by a trustee that is not an institution or.

SB436,152,16 2) a. A fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise upon violation or failure of the purposes of the fund.

Note: Subdivides provision for greater readability and consistency with current style.

SB436, s. 387 Section 387. 112.10 (5) of the statutes is renumbered 112.10 (5) (intro.) and amended to read:

SB436,152,21 112.10 (5) (intro.) Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may a) delegate do any of the following:

SB436,153,3 (a) Delegate to its committees, officers or employes of the institution or the fund, or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds, b) contract.

SB436,153,6 (b) Contract with independent investment advisers, investment counsel or managers, banks, or trust companies, so to act, and c) authorize in place of the board in investment and reinvestment of institutional funds.

SB436,153,8 (c) Authorize the payment of compensation for investment advisory or management services.

Note: Subdivides provision consistent with current style.

SB436, s. 388 Section 388. 114.14 (2) of the statutes is renumbered 114.14 (2) (a) and amended to read:

SB436,153,18 114.14 (2) (a) The governing body of a city, village, town or county which has established an airport may vest jurisdiction for the construction, improvement, equipment, maintenance and operation thereof of the airport in an airport commission of 3 or 5 commissioners. The commissioners shall be persons especially interested in aeronautics. In the case of a county, the commissioners shall be appointed by the chairperson of the county board, subject to the approval of the county board; in the case of cities, villages and towns by the mayors or city managers, village presidents and town chairpersons, respectively.

SB436,154,4 (b) The terms of the commissioners shall be 6 years. On the first appointment of a 3-member commission, commissioners shall be appointed for terms of 2, 4 and 6 years, respectively. On the first appointment of a 5-member commission, commissioners shall be appointed for terms of 1, 2, 3, 4 and 6 years, respectively. If the number of members on a commission is expanded from 3 to 5, the commissioners on the 3-member commission shall serve on the 5-member commission until the expiration of the terms for which they were appointed and the 2 new commissioners shall be appointed for the remaining terms. The number of commissioners shall be reduced from 5 to 3 by not appointing members to fill the next 2 vacancies occurring on the commission. Their

SB436,154,7 (c) The commissioners' compensation and allowance for expenses shall be as fixed by the governing body. The commissioners shall be persons especially interested in aeronautics.

SB436,154,10 (d) The airport commission shall elect one member chairperson and one secretary who shall keep an accurate record of all its proceedings and transactions and report such those proceedings and transactions to the governing body.

SB436,154,12 (e) The commission shall have complete and exclusive control and management over the airport for which it has been appointed.

SB436,154,19 (f) All moneys appropriated for the construction, improvement, equipment, maintenance or operation of an airport, managed as provided by this subsection, or earned by the airport or made available for its construction, improvement, equipment, maintenance or operation in any manner whatsoever, shall be deposited with the treasurer of the city, village, town or county where it shall be kept in a special fund and paid out only on order of the airport commission, drawn and signed by the secretary and countersigned by the chairperson.

SB436,155,2 (g) In case of union airports owned by 2 or more governmental units, each governmental unit shall appoint an equal number of commissioners to serve for terms of 6 years. The remaining number of commissioners shall be appointed alternately from each governmental unit for terms of 6 years starting with the governmental unit whose name comes first in the alphabet. The moneys available for union airports shall be kept in the manner provided in this subsection in the treasury of one of the governmental units selected by the commission, and paid out in like manner.

Note: Subdivides provision and rearranges text for greater readability and conformity with current style.

SB436, s. 389 Section 389. 115.28 (11) of the statutes is amended by replacing "vocational, technical and adult education" with "technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 390 Section 390. 118.125 (2m) (b) of the statutes is amended by replacing "s. 252.01 (1)" with "s. 252.01 (1m)".

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

SB436, s. 391 Section 391. 118.15 (1) (cm) 3. of the statutes is amended to read:

SB436,155,10 118.15 (1) (cm) 3. If the program that the child wishes to attend is provided by a vocational, technical and adult education college district, the vocational, technical and adult education technical college district board shall admit the child.

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 392 Section 392 . 118.15 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,155,14 118.15 (5) (b) Paragraph (a) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26 (1) 49.50 (7) (h).

Note: 1995 Wis. Act 27 amends s. 118.15 (5) (b) effective on the day after publication. The amendment was made because section 49.50 (7) (h) is renumbered 49.26 (1) (h) by Act 27. Act 27 provides for the renumber to 49.26 (1) (h) to be made effective 7-1-96. Prior to 7-1-96 there is no s. 49.26. Through an error s. 118.125 (5) (b), stats., and not s. 118.15 (5) (b), stats., was included in s. 9426 (14), to be effective 7-1-96. Section 118.125 (5) (b) is not treated by Act 27. The above amendment returns s.118.15 (5) (b) to its pre-Act 27 status. The following section of this bill recreates the amendment of s. 118.15 (5) (b) by Act 27, effective 7-1-96.

SB436, s. 393 Section 393 . 118.15 (5) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

SB436,156,2 118.15 (5) (b) Paragraph (a) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) 49.26 (1) (h).

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

SB436, s. 394 Section 394. 119.04 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,156,11 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26) and, (34) to (36) and (35) and 120.14 are applicable to a 1st class city school district and board.

Note: Deletes reference to a provision that appeared in an early version of Act 27, but was not included in the act as passed. There is no s. 120.13 (36).

SB436, s. 395 Section 395. The amendment of 120.13 (1) (b) of the statutes by 1995 Wisconsin Act 32 is not repealed by 1995 Wisconsin Act 33. Both amendments stand.

Note: There is no conflict of substance.

SB436, s. 396 Section 396. 121.05 (3) of the statutes, as created by 1993 Wisconsin Act 395, is renumbered 121.05 (4).

Note: Confirms the renumbering by the revisor pursuant to s. 13.93 (1) (b). Section 121.05 contained a sub. (3) prior to the creation of sub. (3) by 1993 Wis. Act 395.

SB436, s. 397 Section 397. 125.04 (5) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 23, is amended by replacing "by a vocational, technical and adult education" with "by a technical college" and by replacing "board of vocational, technical and adult education" with "technical college system board".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 398 Section 398. 125.06 (12) of the statutes is amended by replacing "s. 50.50 (1)" with "s. 254.61 (1)".

Note: Corrects cross-reference. Section 50.50 was renumbered s. 254.61 by 1993 Wis. Act 27.

SB436, s. 399 Section 399. 125.28 (2) (b) 2. of the statutes is amended by replacing "par. (a) 1. to 4." with "subd. 1. a. to d.".

Note: Corrects cross-reference. Section 125.28 (2) was repealed and recreated by 1993 Wis. Act 378 so that par. (a) 1. to 4. became par. (b) 1. a. to d.

SB436, s. 400 Section 400. 128.18 (5) of the statutes is amended by replacing "incumbrances" with "encumbrances".

Note: Inserts preferred spelling.

SB436, s. 401 Section 401. 128.18 (5m) of the statutes is amended by replacing "incumbrances" with "encumbrances".

Note: Inserts preferred spelling.

SB436, s. 402 Section 402. 128.19 (1) (b) of the statutes is amended by replacing "process against debtor" with "process against the debtor".

Note: Inserts missing "the".

SB436, s. 403 Section 403. 134.02 (2) of the statutes is renumbered 134.02 (2) (a) (intro.) and amended to read:

SB436,157,17 134.02 (2) (a) (intro.) Nothing in this section shall prohibit any employer of labor from giving any other such employer, to whom a discharged employe has applied for employment, or to any bondsman or surety, a truthful statement of the reasons for such the employe's discharge, when requested so to do so by such any of the following:

SB436,157,18 1. The discharged employe, the.

SB436,157,20 2. The person to whom he the discharged employe has applied for employment, or any.

SB436,158,1 3. Any bondsman or surety; but it.