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.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,115,219
108.09
(4) (d) 2. If the appellant delivers or transmits a written explanation for
10nonappearance to the department which is received before a decision under subd. 1.
, 11is mailed, the department may so notify each party and schedule a hearing
12concerning whether there was good cause for the appellant's nonappearance. The
13department may also provisionally schedule a hearing concerning any matter in the
14determination. If, after hearing testimony, the appeal tribunal finds that the
15appellant's explanation does not establish good cause for nonappearance, the appeal
16tribunal shall issue a decision containing this finding and dismissing the appeal. If,
17after hearing testimony, the appeal tribunal finds that the appellant's explanation
18establishes good cause for nonappearance, the appeal tribunal shall issue a decision
19containing this finding. The same or another appeal tribunal established by the
20department for this purpose shall then issue a decision under sub. (3) (b) after
21conducting a hearing concerning any matter in the determination.
Note: Deletes unnecessary comma.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378, s. 312
12Section
312. 114.20 (2) (a) of the statutes is amended to read:
AB378,116,1313
114.20
(2) (a) Aircraft
included within
, as defined in s. 76.02
(5a) (1);
Note: Amends provision for greater conformity with current style. This bill
renumbers s. 76.02 (5a) to s. 76.02 (1).
AB378,117,716
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
17designated as an unairworthy aircraft may apply to the department in the manner
18the department prescribes. No application may be acted upon unless all information
19requested is supplied. Upon receipt of an application and a registration fee to be
20established by rule and after determining from the facts submitted and investigation
1that the aircraft qualifies as an unairworthy aircraft, the department shall issue an
2unairworthy aircraft certificate. The certificate shall expire upon transfer of
3ownership or restoration. An aircraft is presumed restored if it is capable of
4operation. The annual or biennial registration fee is due on the date of restoration.
5Operation of the aircraft is conclusive evidence of restoration.
An A late payment
6charge to be established by rule shall be assessed on all applications filed later than
730 days after the date of restoration.
AB378,117,1310
114.20
(9m) Biennial registration fees. (intro.) Except as provided in sub.
11(10), the owner of an aircraft subject to the biennial registration requirements under
12sub. (1) shall pay a biennial registration fee established in accordance with the
13following gross weight schedule:
AB378,117,1414
[Maximum gross [
Annual Biennial
AB378,117,15
15Weight weight in pounds] fee]
Note: Conforms form to text.
AB378,118,218
115.29
(3) Auxiliary instructional employes. By order, establish classes of
19auxiliary instructional employes and authorize their employment in the
20instructional program of the elementary and high schools for specific purposes and
21their reimbursement from the instructional budget. Auxiliary instructional
22employes shall not be covered as teachers as defined in s. 40.02 (55) or under s.
23118.21,
118.215, 118.22 or 121.006 (2) but shall be eligible under the public employe
1trust fund as participating employes as defined in s. 40.02 (46), if it is made
2applicable, other than through s. 40.21 (3), to the school district employing them.
AB378,118,125
115.85
(2m) Placement disputes. If a dispute arises between the school board
6and the department of health and family services, the department of corrections or
7a county department under s. 46.215, 46.22 or 46.23, or between school boards under
8s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub.
9(2), the department shall resolve the dispute. This subsection applies only to
10placements in nonresidential educational programs made under s.
48.48 (4), 48.57
11(1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made
12under s. 115.815.
Note: There is no conflict of substance.
AB378, s. 318
15Section
318. 118.12 (2) (b) of the statutes is amended to read:
AB378,118,2116
118.12
(2) (b) No cooperative educational service agency employe may receive
17for his or her personal benefit anything of value from any person other than his or
18her employing agency to sell, promote the sale of or act as an agent or solicitor for the
19sale of any goods or services to any public school pupil while on the property or at an
20activity of
of his or her employing agency or while on the property or at an activity
21of a school district in the agency.
AB378,119,73
119.55
(1) (a) The board shall establish one or more youth service centers for
4the counseling of children who are taken into custody under s.
48.19 (1) (d) 9. or 5938.19 (1) (d) 10. for being absent from school without an acceptable excuse under
6s. 118.15. The board shall contract with the boys and girls clubs of Greater
7Milwaukee for the operation of the centers.
Note: 1995 Wis. Act 77 repealed s. 48.19 (1) (d) 9. and 10. and created s. 938.19 (1)
(d) 10. which is substantively identical to s. 48.19 (1) (d) 10.
AB378,119,2110
125.07
(4) (cg) 1. A supervised work program ordered under par. (bs) or (c) shall
11be administered by the county department under s. 46.215 or 46.22 or by a
12community agency approved by the court. The court shall set standards for the
13supervised work program within the budgetary limits established by the county
14board of supervisors. The supervised work program may provide the person with
15reasonable compensation reflecting the market value of the work performed or it
16may consist of uncompensated community service work. Community service work
17ordered under par. (bs) or (c), other than community service work performed under
18a supervised work program, shall be administered by a public agency or nonprofit
19charitable organization approved by the court. The court may use any available
20resources, including any community service work program, in ordering the
child 21person to perform community service work under par. (bs) or (c).
Note: Inserts correct word. This provision applies to underage drinkers which
include certain adults as well as children.
AB378,120,143
125.085
(3) (bh) 1. A supervised work program ordered under par. (bd) shall be
4administered by the county department under s. 46.215 or 46.22 or by a community
5agency approved by the court. The court shall set standards for the supervised work
6program within the budgetary limits established by the county board of supervisors.
7The supervised work program may provide the person with reasonable
8compensation reflecting the market value of the work performed or it may consist of
9uncompensated community service work. Community service work ordered under
10par. (bd), other than community service work performed under a supervised work
11program, shall be administered by a public agency or nonprofit charitable
12organization approved by the court. The court may use any available resources,
13including any community service work program, in ordering the
child person to
14perform community service work under par. (bd).
Note: Inserts correct word. This provision applies to underage drinkers which
include certain adults as well as children.
Note: There is no conflict of substance.
AB378,121,620
134.24
(3) (a) No performing rights society may
offer to enter into, or offer to
21enter into, a contract for the payment of royalties by a proprietor unless the
22performing rights society, at the time of the offer or between the time of the offer and
2372 hours before the execution of the contract, provides to the proprietor a written
1notice of all of the obligations of the performing rights society as specified under sub.
2(2). The written notice shall also contain a statement as to whether the performing
3rights society is in compliance with any applicable federal law or court order that
4relates to the rates and terms of royalties to be paid by the proprietor or that relates
5to the circumstances or methods under which contracts subject to this section are
6offered to the proprietor.
AB378, s. 324
7Section
324. 134.85 (4) (a) of the statutes is amended to read:
AB378,121,108
134.85
(4) (a) No motor fuel grantor may require a motor
vehicle fuel dealer,
9who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her
10business open for more than 16 hours per day.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,121,2117
289.41
(1m) (b) 2m. The owner of an approved mining facility that commences
18operation after June 14, 1996, shall maintain proof of financial responsibility as
19provided in
s. 144.443 this section during the operation of the approved mining
20facility and after the closing of the approved mining facility. The owner's obligation
21to maintain proof of financial responsibility terminates only as provided in par. (g).
Note: 1995 Wis. Act 227 renumbered s. 144.441 (2) to s. 289.41 (1m) and s. 144.443
to s. 289.41.
AB378,122,65
299.62
(1) (am) "Discharge" has the meaning given in s.
144.76 (1) (a) 292.01
6(3).
Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by
1995
Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, "General
Environmental Provisions", because its subject matter does not closely match the subject
matter of any of the other new chapters. Section 144.76 (1) (a) is renumbered s. 292.01
(3) by Act 227.
AB378,122,109
299.64
(1) (b) "Open burning" has the meaning given in s.
144.436 (1) (b) 289.51
10(1) (b).
Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by
1995
Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, "General
Environmental Provisions", because its subject matter does not closely match the subject
matter of any of the other new chapters and to correspond with the renumbering of s.
144.78 by this bill.
AB378,122,15
13299.66 Inspecting vessels. An employe or agent of the department may
14board and inspect any vessel that is subject to s.
144.78 299.62 or
144.783 299.64 to
15determine the state of compliance with those provisions.
Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by
1995
Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, "General
Environmental Provisions", because its subject matter does not closely match the subject
matter of any of the other new chapters and to correspond with the renumbering of ss.
144.78 and 144.783 by this bill.
AB378,123,193
146.0255
(2) Testing. Any hospital employe who provides health care, social
4worker or intake worker under ch. 48 may refer an infant to a physician for testing
5of the infant's bodily fluids for controlled substances or controlled substance analogs
6if the hospital employe who provides health care, social worker or intake worker
7suspects that the infant has controlled substances or controlled substance analogs
8in the infant's bodily fluids because of the mother's use of controlled substances or
9controlled substance analogs while she was pregnant with the infant. The physician
10may test the infant to ascertain whether or not the infant has controlled substances
11or controlled substance analogs in the infant's bodily fluids, if the physician
12determines that there is a serious risk that there are controlled substances or
13controlled substance analogs in the infant's bodily fluids because of the mother's use
14of controlled substances or controlled substance analogs while she was pregnant
15with the infant and that the health of the infant may be adversely affected by the
16controlled substances
or controlled substance analogs. If the results of the test
17indicate that the infant does have controlled substances or controlled substance
18analogs in the infant's bodily fluids, the physician shall make a report under s.
1946.238.
Note: 1995 Wis. Act 448 changed the term "controlled substances" to "controlled
substances or controlled substance analogs" throughout this section.
1995 Wis. Act 386 added a reference to "controlled substances", but that act did not take the treatment by
Act 448 into account.
AB378, s. 333
20Section
333. 146.40 (title) of the statutes is amended to read:
AB378,123,22
21146.40 (title)
Instructional programs for nurse's assistants and home
22health and hospice aids aides.
AB378,124,103
146.82
(2) (a) 9. b. Except as provided in subd. 9. c. and d., to staff members of
4the protection and advocacy agency designated under s. 51.62 (2) or to staff members
5of the private, nonprofit corporation with which the agency has contracted under s.
651.62 (3) (a) 3., if any, for the purpose of protecting and advocating the rights of a
7person with
development developmental disabilities, as defined under s. 51.62 (1)
8(am), who resides in or who is receiving services from an inpatient health care
9facility, as defined under s. 51.62 (1) (b), or a person with mental illness, as defined
10under s. 51.62 (1) (bm).