AB378,103,55
77.54
(20) (a) 7. Fruit and fruit juices
, as defined in ch. 97, 1967 stats.
bottled
AB378,103,7
67m. Bottled water that is for human consumption and that is not carbonated
7or sweetened or flavored
,.
AB378,103,1810
77.82
(4) Additions to managed forest land. An owner may petition the
11department to designate as managed forest land an additional parcel of land in the
12same municipality if the additional parcel is at least 3 acres in size and is contiguous
13to any of the owner's designated land. The petition shall be accompanied by a
14nonrefundable $10 application fee unless a different amount of the fee is established
15in the same manner as the fee under sub. (2). The fee
fee shall be deposited in the
16conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The
17petition shall be submitted on a department form and shall contain any additional
18information required by the department.
AB378, s. 278
19Section
278. 77.82 (11) of the statutes is amended to read:
AB378,104,220
77.82
(11) Duration. An order under this subchapter remains in effect for the
21period specified in the petition unless the land is withdrawn under s. 77.84 (3) (b) or
2277.88. An amendment to or repeal of this subchapter does not affect the terms of an
1order or management plan, except as expressly agreed to in writing by the owner and
2the department
and except as provided in sub. (11m).
AB378,104,115
77.84
(2) (c) In 1992 and each 5th year thereafter, the department of revenue
6shall adjust the amounts under pars. (a) and (b) by multiplying the amount specified
7by a ratio using as the denominator the department of revenue's estimate of the
8average statewide tax per acre of property classes under s. 70.32 (2) (b) 4., 1993 stats.,
9s. 70.32 (2) (b) 5., 1993 stats., and s. 70.32 (2) (b)
and 6., 1993 stats., for 1986 and, as
10the numerator, the department of revenue's estimate of the average tax per acre for
11the same classes of property for the year in which the adjustment is made.
Note: 1995 Wis. Act 27 added "and s. 70.32 (2) (b)" without striking the existing
"and".
AB378, s. 280
12Section
280. 78.005 (16) of the statutes is amended to read:
AB378,104,1713
78.005
(16) "Terminal operator" means the person who by ownership or
14contractural contractual agreement is charged with the responsibility for, or
15physical control over, and operation of a terminal. If co-venturers own a terminal,
16"terminal operator" means the person who is appointed to exercise the responsibility
17for, or physical control over, and operation of the terminal.
Note: Corrects spelling.
AB378, s. 281
18Section
281. 78.55 (1) of the statutes is amended to read:
AB378,104,2019
78.55
(1) "Air carrier company" has the meaning
prescribed given in s. 76.02
20(5a) (1).
Note: Amends provision for conformity with current style. This bill renumbers s.
76.02 (5a).
AB378,105,83
80.48
(1) Petition for. (a) Any cemetery, agricultural or industrial association
4owning land to which there is no laid out street or highway giving access to the land
5may file a petition with the clerk of the city, village or town where the land is located,
6praying that the city, village or town lay out a street or highway to the association's
7land from the nearest street or highway which can be used as a convenient means
8of approach.
AB378,105,99
(b) The petition shall:
AB378,105,1110
1. Be signed by the managing officers, board of trustees or directors of the
11association.
AB378,105,1212
2. Set forth that:
AB378,105,1513
a. The association owns land in the city, village or town which is used or
14intended to be used by a cemetery association for the burial of the dead or by an
15agricultural or industrial association for fairgrounds or industrial expositions; and
AB378,105,1616
b. There is no laid out street or highway giving access to the association's land.
AB378,105,1717
3. Contain a description of the land.
AB378,105,2418
(bm) Whenever a petition is filed under par. (a) the common council, trustees
19or supervisors of the city, village or town so petitioned shall make out a notice which
20shall be served on the owner or occupant of the land through which the proposed
21street or highway is to be laid. The notice shall be published as provided in s. 80.05.
22 The notice shall contain a copy of the petition and state the time when and place
23where the council, trustees or supervisors will meet to take action upon the petition,
24which time shall be within 10 days after the notice is served.
AB378,106,5
1(c) If at the meeting to take action on the petition the proper council, trustees
2or supervisors shall find the recitals in the petition to be true, they shall, within 5
3days after the meeting, make an order for the impaneling of a jury to pass upon the
4necessity of taking for the public use the land through which the proposed street or
5highway is to be laid.
Note: There is no conflict of substance.
AB378, s. 284
8Section
284. 81.11 (1) of the statutes is amended to read:
AB378,106,129
81.11
(1) The town board, after each annual town meeting and prior to the first
10day of November following, shall assess the highway taxes for the ensuing year, and
11certify the same to the town clerk to be
entered by the clerk
entered in the next town
12tax roll and collected as other town taxes are entered and collected.
AB378, s. 285
13Section
285. 83.01 (7) (b) of the statutes is amended to read:
AB378,107,214
83.01
(7) (b) Except as provided under s. 83.015 (2) (b), the county highway
15commissioner shall perform all duties required by the county board and by the
16county highway committee and shall do or cause to be done all necessary engineering
17and make all necessary examinations for the establishment, construction,
18improvement and maintenance of highways. The county highway commissioner
19shall establish such grades and make such surveys and maps or cause the same to
20be made as the commissioner
deems considers proper, and examine the highways
21and report as to the condition of roads, bridges and culverts, and make estimates of
1the cost of the improvement thereof, and of the cost of any relocation when required
2to do so or when the commissioner considers the same reasonably necessary.
AB378,108,55
84.09
(7) When transportation funds or federal aid are involved in financing
6an expressway project under s.
59.83 59.84, the department, proceeding under the
7general authority in this section, may order that all or certain parts of the required
8land or interests therein shall be acquired by the county board or its designated
9standing committee. When so ordered, the county board or its designated standing
10committee and the department shall appraise and agree on the maximum price,
11including all damages recoverable in condemnation proceedings, considered
12reasonable for the lands or interests to be so acquired. The county board or its
13designated standing committee shall endeavor to obtain easements or title in fee
14simple by conveyance of the lands or interests required, to the county or the state as
15grantee, all as directed in the department's order. The instrument of conveyance
16shall be subject to approval by the department, and shall be recorded in the office of
17the register of deeds and filed with the department. If the needed lands or interests
18therein cannot be purchased expeditiously within the agreed appraised price, the
19county board or its designated standing committee may acquire them by
20condemnation under ch. 32, but any award by the county board or its designated
21standing committee in excess of the agreed appraisal price shall be subject to review
22by the department. For the purposes and in the manner provided in s.
59.83 59.84 23(2) (d) 1., when so directed in the department's order, the county board or its
24designated standing committee may acquire remnants, and with the approval of the
1department the county board may dispose of remnants and may improve, use,
2maintain or lease lands and interests acquired and held in trust for the state until
3they are actually needed for expressway construction. The net proceeds of the sales
4or rentals shall be remitted to the state or retained and used for expressway purposes
5when so directed by the department.
Note: 1995 Wis. Act 201 changed the cross-references in this provision from s.
59.965 to s. 59.83, but renumbered s. 59.965 to be s. 59.84.
Note: There is no conflict of substance.
AB378,108,1410
91.73
(1) Except as otherwise provided, exclusive agricultural zoning
11ordinances shall be adopted and administered in accordance with ss. 59.69, 59.692,
1259.693
, and 59.694
and 59.695, 61.35 or 62.23 or subch. VIII of ch. 60.
No such
13ordinance may be rescinded from May 17, 1988, to June 30, 1991, in any county with
14a population density of 100 or more persons per square mile.
Note: Section 59.695 was renumbered from s. 59.972 by
1995 Wis. Act 201, and
s. 59.972 was repealed by
1995 Wis. Act 455, without taking the treatment by Act 201 into
account. The repeal stands. The 2nd sentence is no longer of any effect and is therefore
deleted.
AB378,109,517
92.08
(1) Every land conservation committee shall prepare annually for its
18county a plan which describes the soil and water resource activities to be undertaken
19by that county and the dollar amounts required for personnel to administer and
20implement activities in that county related to soil conservation activities required
21under ss. 92.104 and 92.105 to claim a farmland preservation credit under
s. subch.
1IX of ch. 71, activities required under s. 92.17 related to shoreland management or
2activities required under s. 281.65 (8m) related to the development or
3implementation of animal waste
or construction site erosion ordinances. The land
4conservation committee shall submit that plan to the county board of that county and
5to the department.
Note: There is no conflict of substance.
AB378,109,1410
97.18
(3) (c) There appears on the label of the package the word
11"oleomargarine
" or
"
margarine
" in type or lettering at least as large as any other type
12or lettering on the label in a color of print which clearly contrasts with its
13background, and a full accurate statement of the ingredients contained in the
14oleomargarine or margarine; and
Note: 1995 Wis. Act 225 showed the quotation marks as stricken. They were to
be added and should have been underscored.
Note: There is no conflict of substance.
AB378,110,219
97.34
(2) (d) No person may manufacture or bottle bottled drinking water for
20sale or distribution in this state unless the water system used by the manufacturer
1or bottler complies with ch.
162 280 and rules promulgated by the department of
2natural resources under that chapter
280.13.
N
ote: Reconciles the treatment of this provision by
1995 Wis. Acts 227 and
378.
Chapter 162 was renumbered to ch. 280 by Act 227. Act 378 replaced "s. 162.03" with
"that chapter" while Act 227 replaced "162.03" with "280.13" to reflect the renumbering
of that provision by Act 227. The substantive change by Act 378 is retained.
Note: There is no conflict of substance.
AB378,110,128
102.07
(13) A
child juvenile performing uncompensated community service
9work as a result of a deferred prosecution agreement under s. 938.245, a consent
10decree under s. 938.32 or an order under s. 938.34 is an employe of the county in
11which the court ordering the community service work is located. No compensation
12may be paid to that employe for temporary disability during the healing period.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
Note: There is no conflict of substance.
AB378,111,24
1103.49
(2) Prevailing wage rates and hours of labor. Any contract hereafter
2made for the erection, construction, remodeling, repairing or demolition of any
3project of public works, except contracts for the construction or maintenance of public
4highways, streets and bridges, to which the state, any state agency or the University
5of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation
6that no person described in sub. (2m) may be permitted to work a greater number of
7hours per day or per calendar week than the prevailing hours of labor determined
8under sub. (3), except that any such person may be permitted or required to work
9more than such prevailing hours of labor per day and per calendar week if he or she
10is paid for all hours worked in excess of the prevailing hours of labor at a rate of at
11least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than
12the prevailing wage rate in the same or most similar trade or occupation in the area
13wherein such project of public works is situated determined under sub. (3). A
14reference to the prevailing wage rates and prevailing hours of labor determined
15under sub. (3) shall be published in the notice issued for the purpose of securing bids
16for the project. If any contract or subcontract for a project that is subject to this
17section is entered into, the prevailing wage rates and prevailing hours of labor
18determined under sub. (3) shall be physically incorporated into and made a part of
19the contract or subcontract, except that for a minor subcontract, as determined by
20the department, the department shall prescribe by rule the method of notifying the
21minor subcontractor of the prevailing wage rates and prevailing hours of labor
22applicable to the minor subcontract. The prevailing wage rates and prevailing hours
23of labor applicable to a contract or subcontract may not be changed during the time
24that the contract or subcontract is in force.
Note: Reconciles conflicts in the treatment of this provision by
1995 Wis. Acts 215 and
225 by eliminating the treatment by the revisor's correction bill (Act 225), which was
nonsubstantive, and reenacting the provision as affected by Act 215.
AB378,112,73
103.49
(3g) Nonapplicability. This section does not apply to
(a) (intro.) any
4single-trade project for which the estimated cost of completion is less than $30,000
5or an amount determined under s. 66.293 (5) or to any multiple-trade project for
6which the estimated cost of completion is less than $150,000 or an amount
7determined by the department under s. 66.293 (5).
AB378,112,2010
103.49
(5) (b) It shall be the duty of the department to enforce this section. To
11this end it may demand and examine, and it shall be the duty of every contractor,
12subcontractor and agent thereof to keep and furnish to the department, copies of
13payrolls and other records and information relating to the wages paid to persons
14described in sub. (2m) for work to which this section applies. The department may
15inspect records in the manner provided in this chapter and chs. 104 to 106. Every
16contractor, subcontractor or agent performing work on a project that is subject to this
17section is subject to the requirements of
ch. 101
this chapter and chs. 104 to 106 18relating to the examination of records. Section 111.322 (2m) applies to discharge and
19other discriminatory acts arising in connection with any proceeding under this
20section.
Note: Amends cross-reference for correct parallel construction with prior
sentence. Chapter 101 authority is transferred to the department of commerce effective
7-1-96.
1995 Wis. Act 215 changed the first cross-reference to reflect the statutory
authority for the department of industry, labor and job development, but failed to change
the 2nd.
AB378,113,163
103.49
(7) (a) Except as provided under pars. (b) and (c), the department shall
4distribute to all state agencies and to the University of Wisconsin Hospitals and
5Clinics Authority a list of all persons whom the department has found to have failed
6to pay the prevailing wage rate determined under sub. (3) or has found to have paid
7less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
8prevailing hours of labor determined under sub. (3) at any time in the preceding 3
9years. The department shall include with any such name the address of such person
10and shall specify when such person failed to pay the prevailing wage rate and when
11such person
failed to pay paid less than 1.5 times the hourly basic rate of pay for all
12hours worked in excess of the prevailing hours of labor. A state agency or the
13University of Wisconsin Hospitals and Clinics Authority may not award any contract
14to such person unless otherwise recommended by the department or unless 3 years
15have elapsed from the date the department issued its findings or date of final
16determination by a court of competent jurisdiction, whichever is later.
Note: Eliminates double negative for internal parallel construction and
conformity with other sections created by
1995 Wis. Act 215.
AB378,114,319
103.50
(1) (a) "Area" means the
county in which a proposed project that is
20subject to this section is located or, if the department determines that there is
21insufficient wage data in that county, "area" means those counties that are
22contiguous to that county or, if the department determines that there is insufficient
1wage data in those counties, "area" means those counties that are contiguous to those
2counties or, if the department determines that there is insufficient wage data in those
3counties, "area" means the entire state.
AB378,114,166
103.50
(2) Prevailing wage rates and hours of labor. No person described in
7sub. (2m) in the employ of a contractor, subcontractor, agent or other person
8performing any work on a project under a contract based on bids as provided in s.
984.06 (2) to which the state is a party for the construction or improvement of any
10highway may be permitted to work a longer number of hours per day or per calendar
11week than the prevailing hours of labor determined under sub. (3); nor may he or she
12be paid a lesser rate of wages than the prevailing wage rate in the area in which the
13work is to be done determined under sub. (3); except that any such person may be
14permitted or required to work more than such prevailing hours of labor per day and
15per calendar week if he or she is paid for all hours worked in excess of the prevailing
16hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.
Note: Reconciles conflicts in the treatment of this provision by
1995 Wis. Acts 215 and
225 by eliminating the treatment by the revisor's correction bill (Act 225), which was
nonsubstantive, and reenacting the provision as affected by Act 215.
AB378,114,2019
103.62
(1) (c) Between one or more employes or associations of employes and
20one or more employes or associations of employes
; or.