SB436,149,9
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
10Section
380. 111.55 of the statutes is amended to read:
SB436,149,20
11111.55 Conciliator unable to effect settlement; appointment of
12arbitrators. If
the a conciliator
so named
under s. 111.54 is unable to effect a
13settlement of
such a labor dispute
between a public utility employer and its employes 14within a 15-day period after the conciliator's appointment, the conciliator shall
15report
such that fact to the commission
; and the. The commission, if it believes that
16a continuation of the dispute will cause or is likely to cause the interruption of an
17essential service, shall submit to the parties the names of either 3 or 5 persons from
18the panel provided for in s. 111.53. Each party shall alternately strike one name from
19such list of persons. The person or persons left on the list shall be appointed by the
20commission 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
21Section
381. 111.59 of the statutes is renumbered 111.59 (2) and amended to
22read:
SB436,150,9
1111.59
(2) The arbitrator shall hand down his or her
findings, decision and 2order
(hereinafter referred to as the order) within 30 days after his or her
3appointment; except that the parties may agree to extend, or the commission may
4for good cause extend the period for not to exceed an additional 30 days. If the
5arbitrators do not agree, then the decision of the majority shall constitute the order
6in the case. The arbitrator shall furnish to each of the parties and to the public
7service commission a copy of the order. A certified copy thereof shall be filed in the
8office of the clerk of the circuit court of the county wherein the dispute arose or where
9the majority of the employes involved in the dispute resides.
SB436,150,23
10(3) Unless
such the order is reversed upon a petition for review filed pursuant
11to s. 111.60,
such the order, together with
such any other agreements
as that the
12parties may themselves have reached, shall become binding upon, and shall control
13the relationship between the parties from the date
such on which the order is filed
14with the clerk of the circuit court, as
aforesaid, and
provided in sub. (2). The order 15shall continue effective for one year from that date, but
such the order may be
16changed by mutual consent or agreement of the parties. No order of the arbitrators
17relating to wages or rates of pay shall be retroactive to a date before the date of the
18termination of any contract which may have existed between the parties, or, if there
19was no
such prior contract, to a date before the day on which the demands involved
20in the dispute were presented to the other party. The question whether or not new
21contract provisions or amendments to an existing contract are retroactive to the
22terminating date of a present contract, amendments or part thereof, shall be matter
23for 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
1Section
382. 111.59 (1) of the statutes is created to read:
SB436,151,32
111.59
(1) In this section, "order" means the findings, decision and order of the
3arbitrator.
Note: See the note to the previous section of this bill.
SB436, s. 383
4Section
383. 111.70 (1) (d) of the statutes is amended to read:
SB436,151,75
111.70
(1) (d) "Craft employe" means a skilled journeyman craftsman,
6including
his the skilled journeyman craftsman's apprentices and helpers, but shall
7not 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
8Section
384. 111.88 (3) of the statutes is amended to read:
SB436,151,209
111.88
(3) The fact finder may establish dates and place of hearings and shall
10conduct the hearings under rules established by the commission. Upon request, the
11commission shall issue subpoenas for hearings conducted by the fact finder. The fact
12finder may administer oaths. Upon completion of the hearing, the fact finder shall
13make written findings of fact and recommendations for solution of the dispute and
14shall cause the same to be served on the parties and the commission. In making
such 15findings and recommendations, the fact finder shall take into consideration among
16other pertinent factors the principles vital to the public interest in efficient and
17economical governmental administration. Cost of fact-finding proceedings shall be
18divided equally between the parties. At the time the fact finder submits a statement
19of his
or her costs to the parties,
he the fact finder shall submit a copy thereof to the
20commission at its Madison office.
Note: Renders provision gender neutral.
SB436, s. 385
21Section
385. 112.10 (1) (d) of the statutes is renumbered 112.10 (1) (d) 1. (intro.)
22and amended to read:
SB436,152,2
1112.10
(1) (d) 1. (intro.) "Historic dollar value" means the aggregate fair value
2in dollars of
1) an the following:
SB436,152,3
3a. An endowment fund at the time it became an endowment fund
, 2) each.
SB436,152,4
4b. Each subsequent donation to the fund at the time it is made
, and 3) each.
SB436,152,6
5c. Each accumulation made pursuant to a direction in the applicable gift
6instrument at the time the accumulation is added to the fund.
SB436,152,8
72. The determination of historic dollar value made in good faith by the
8institution is conclusive.
Note: Subdivides provision for greater readability and consistency with current
style.
SB436, s. 386
9Section
386. 112.10 (1) (f) of the statutes is renumbered 112.10 (1) (f) (intro.)
10and amended to read:
SB436,152,1211
112.10
(1) (f) (intro.) "Institutional fund" means a fund held by an institution
12for its exclusive use, benefit, or purposes, but does not include
any of the following:
SB436,152,1313
1
) a. A fund held for an institution by a trustee that is not an institution
or.
SB436,152,1614
2
) a. A fund in which a beneficiary that is not an institution has an interest,
15other than possible rights that could arise upon violation or failure of the purposes
16of the fund.
Note: Subdivides provision for greater readability and consistency with current
style.
SB436, s. 387
17Section
387. 112.10 (5) of the statutes is renumbered 112.10 (5) (intro.) and
18amended to read:
SB436,152,2119
112.10
(5) (intro.)
Except as otherwise provided by the applicable gift
20instrument or by applicable law relating to governmental institutions or funds, the
21governing board may
a) delegate do any of the following:
SB436,153,3
1(a) Delegate to its committees, officers or employes of the institution or the
2fund, or agents, including investment counsel, the authority to act in place of the
3board in investment and reinvestment of institutional funds
, b) contract.
SB436,153,6
4(b) Contract with independent investment advisers, investment counsel or
5managers, banks, or trust companies,
so to act
, and c) authorize in place of the board
6in investment and reinvestment of institutional funds.
SB436,153,8
7(c) Authorize the payment of compensation for investment advisory or
8management services.
Note: Subdivides provision consistent with current style.
SB436, s. 388
9Section
388. 114.14 (2) of the statutes is renumbered 114.14 (2) (a) and
10amended to read:
SB436,153,1811
114.14
(2) (a) The governing body of a city, village, town or county which has
12established an airport may vest jurisdiction for the construction, improvement,
13equipment, maintenance and operation
thereof of the airport in an airport
14commission of 3 or 5 commissioners.
The commissioners shall be persons especially
15interested in aeronautics. In the case of a county, the commissioners shall be
16appointed by the chairperson of the county board, subject to the approval of the
17county board; in the case of cities, villages and towns by the mayors or city managers,
18village presidents and town chairpersons, respectively.
SB436,154,4
19(b) The terms of the commissioners shall be 6 years. On the first appointment
20of a 3-member commission, commissioners shall be appointed for terms of 2, 4 and
216 years, respectively. On the first appointment of a 5-member commission,
22commissioners shall be appointed for terms of 1, 2, 3, 4 and 6 years, respectively. If
23the number of members on a commission is expanded from 3 to 5, the commissioners
24on the 3-member commission shall serve on the 5-member commission until the
1expiration of the terms for which they were appointed and the 2 new commissioners
2shall be appointed for the remaining terms. The number of commissioners shall be
3reduced from 5 to 3 by not appointing members to fill the next 2 vacancies occurring
4on the commission.
Their
SB436,154,7
5(c) The commissioners' compensation and allowance for expenses shall be
as 6fixed by the governing body.
The commissioners shall be persons especially
7interested in aeronautics.
SB436,154,10
8(d) The airport commission shall elect one member chairperson and one
9secretary who shall keep an accurate record of all its proceedings and transactions
10and report
such those proceedings and transactions to the governing body.
SB436,154,12
11(e) The commission shall have complete and exclusive control and management
12over the airport for which it has been appointed.
SB436,154,19
13(f) All moneys appropriated for the construction, improvement, equipment,
14maintenance or operation of an airport, managed as provided by this subsection, or
15earned by the airport or made available for its construction, improvement,
16equipment, maintenance or operation in any manner whatsoever, shall be deposited
17with the treasurer of the city, village, town or county where it shall be kept in a special
18fund and paid out only on order of the airport commission, drawn and signed by the
19secretary and countersigned by the chairperson.
SB436,155,2
20(g) In case of union airports owned by 2 or more governmental units, each
21governmental unit shall appoint an equal number of commissioners to serve for
22terms of 6 years. The remaining number of commissioners shall be appointed
23alternately from each governmental unit for terms of 6 years starting with the
24governmental unit whose name comes first in the alphabet. The moneys available
25for union airports shall be kept in the manner provided in this subsection in the
1treasury of one of the governmental units selected by the commission, and paid out
2in like manner.
Note: Subdivides provision and rearranges text for greater readability and
conformity with current style.
SB436, s. 389
3Section
389. 115.28 (11) of the statutes is amended by replacing "vocational,
4technical 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
5Section
390. 118.125 (2m) (b) of the statutes is amended by replacing "s. 252.01
6(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
7Section
391. 118.15 (1) (cm) 3. of the statutes is amended to read:
SB436,155,108
118.15
(1) (cm) 3. If the program that the child wishes to attend is provided by
9a
vocational, technical
and adult education college district, the
vocational, technical
10and 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.
SB436,155,1413
118.15
(5) (b) Paragraph (a) does not apply to a person who has under his or
14her 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
15Section
393
. 118.15 (5) (b) of the statutes, as affected by 1995 Wisconsin Acts
1627 and .... (this act), is amended to read:
SB436,156,2
1118.15
(5) (b) Paragraph (a) does not apply to a person who has under his or
2her 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.
SB436,156,115
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c),
6115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
7(2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to
8118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1),
9(2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and
10(15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26)
and, (34)
to
11(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).
Note: There is no conflict of substance.
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
16Section
397. 125.04 (5) (a) 5. of the statutes, as affected by
1995 Wisconsin Act
1723, is amended by replacing "by a vocational, technical and adult education" with "by
18a technical college" and by replacing "board of vocational, technical and adult
19education" 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
1Section
398. 125.06 (12) of the statutes is amended by replacing "s. 50.50 (1)"
2with "s. 254.61 (1)".
Note: Corrects cross-reference. Section 50.50 was renumbered s. 254.61 by
1993
Wis. Act 27.
SB436, s. 399
3Section
399. 125.28 (2) (b) 2. of the statutes is amended by replacing "par. (a)
41. 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
5Section
400. 128.18 (5) of the statutes is amended by replacing "incumbrances"
6with "encumbrances".
Note: Inserts preferred spelling.
SB436, s. 401
7Section
401. 128.18 (5m) of the statutes is amended by replacing
8"incumbrances" with "encumbrances".
Note: Inserts preferred spelling.
SB436, s. 402
9Section
402. 128.19 (1) (b) of the statutes is amended by replacing "process
10against debtor" with "process against the debtor".
Note: Inserts missing "the".
SB436, s. 403
11Section
403. 134.02 (2) of the statutes is renumbered 134.02 (2) (a) (intro.) and
12amended to read:
SB436,157,1713
134.02
(2) (a) (intro.) Nothing in this section shall prohibit any employer
of
14labor from giving any other
such employer, to whom a discharged employe has
15applied for employment, or to any bondsman or surety, a truthful statement of the
16reasons for
such the employe's discharge, when requested
so to do
so by
such any of
17the following:
SB436,157,18
181. The discharged employe
, the.
SB436,157,20
192. The person to whom
he the discharged employe has applied for employment
,
20or any.
SB436,158,1
13. Any bondsman or surety
; but it.
SB436,158,5
2(b) It shall be a violation of this section to give
such information a statement
3of the reasons for the employe's discharge with the intent to blacklist, hinder or
4prevent
such the discharged employe from obtaining employment
; neither shall
5anything herein.
SB436,158,9
6(c) Nothing contained
in this section shall prohibit any employer
of labor from
7keeping for
his the employer's own information and protection a record showing the
8habits, character and competency of
his the employer's employes and the cause of the
9discharge or voluntary quitting of any of them.
Note: Renders provision gender neutral and replaces language not in conformity
with current style. "Bondsman" is intentionally retained due to the lack of an accepted
gender neutral alternative.
SB436, s. 404
10Section
404. 134.20 (1) (g) of the statutes is amended to read:
SB436,158,1611
134.20
(1) (g) Negotiates or transfers for value a warehouse receipt or bill of
12lading covering goods which he or she knows are subject to a lien or security interest
13(, other than the warehouse keeper's or carrier's lien
), or to which he or she does not
14have title or which he or she knows have not been received or shipped in accordance
15with the purported terms and meaning of
such the warehouse receipt or bill
of lading 16and fails to disclose
such those facts to the purchaser thereof.
Note: Replaces parentheses and language for greater readability and conformity
with current style.
SB436, s. 405
17Section
405. 138.09 (7) (a) 2. b. of the statutes is amended to read: