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.
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.