AB970,31,9
7(c) The department may restore the license of any person whose license has
8been revoked
, where under this subsection if the person gives satisfactory evidence
9warranting
such restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 43
10Section
43. 93.21 (4) of the statutes is amended to read:
AB970,31,1611
93.21
(4) Failure to obey orders. Any person who wilfully violates s. 93.14 (3)
12or 93.15 (3), or who wilfully violates or refuses, neglects or fails to obey any order
or
13regulation made issued under s. 93.06 (3)
, shall, for each offense, be
punished by a
14fine of fined not more than
five thousand dollars or by imprisonment in the county
15jail $5,000 or imprisoned for not more than one year
, in the county jail or
by both
such
16fine and imprisonment.
Note: Replaces word form of numbers with digits, and replaces and deletes
language for greater readability and conformity with current style. Section 93.06 (3)
authorizing the issuance of orders does not provide for the making of regulations.
AB970, s. 44
17Section
44. 94.27 of the statutes is amended to read:
AB970,32,8
1894.27 Liability for damages. The Any person
so building or maintaining any
19such who builds or maintains any dam or
constructing or keeping constructs or keeps 20open any
such ditch or drain
shall be
under s. 94.26 is liable to
the persons whose
21lands are overflowed or otherwise injured by
such
the dam, ditch or drain for the full
22sum of damages
so sustained, which shall be ascertained
under s. 94.28 and
1recovered
in the manner following and not otherwise. If the person claiming any
2such damages cannot agree with the person liable to pay the same, the person
3claiming the damages shall select one disinterested arbitrator and give notice
4thereof to the person from whom such damages are claimed, who shall, within ten
5days after the receipt of such notice, select another disinterested arbitrator, not of kin
6to any of the parties interested in maintaining such dams, ditches or drains, and give
7notice thereof to the claimant and to each of the persons so selected as arbitrators 8under ss. 94.28 to 94.30.
Note: The deleted material is recreated as s. 94.28 (1) for more logical placement.
See the creation of s. 94.28 (1) by this bill.
AB970, s. 45
9Section
45. 94.28 of the statutes is renumbered 94.28 (2) (a) (intro.) and
10amended to read:
AB970,32,1311
94.28
(2) (a) (intro.) The persons selected as arbitrators
under sub. (1) shall,
12within
twenty 20 days after
such notice
, appoint some of their appointment, do all
13of the following:
AB970,32,15
141. Appoint a disinterested
third
3rd person to act as arbitrator with them
and
15fix.
AB970,32,17
162. Fix a time and place at which the arbitrators shall meet to determine the
17claimant's damages
which the claimant ought to have, and give.
AB970,32,19
183. Give notice
thereof of the appointment of the 3rd arbitrator and the time and
19place of hearing to the
parties interested
parties.
AB970,33,6
20(b) At the time and place
so fixed
under par. (a) 2., the arbitrators shall view
21the premises and hear the proofs and allegations of the parties
, and within ten.
22Within 10 days thereafter
, the arbitrators, or any
two 2 of them, shall make duplicate
23statements of the proceedings had by them and of the amount
by them ordered to that
1they order to be paid to the claimant for the claimant's damages and the amount to
2be paid by the respective parties for
their the arbitrators' fees and the costs of
such 3the proceedings
, and. The arbitrators shall deliver
to each party a copy
thereof of the
4statement and order to each party. Within
twenty
20 days thereafter
, the amount so
5ordered shall be paid by the party of whom required unless an appeal
be is taken as
6hereinafter provided
under s. 94.29.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 46
7Section
46. 94.28 (1) of the statutes is created to read:
AB970,33,158
94.28
(1) If a person claiming damages from a dam, ditch or drain cannot agree
9with the person liable to pay the damages under s. 94.27, the damage claimant shall
10select one disinterested arbitrator and give notice of the selection to the person
11against whom the damages are claimed. The person from whom damages are
12claimed shall, within 10 days after receipt of the notice, select another disinterested
13arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches
14or drains, and give notice of the selection to the claimant and to the persons selected
15as arbitrators.
Note: Moves the material deleted from s. 94.27 by this bill to s. 94.28 (1) for more
logical placement.
AB970, s. 47
16Section
47. 94.30 of the statutes is renumbered 94.30 (1) and amended to read:
AB970,34,617
94.30
(1) If neither party appeals from
such the award
under s. 94.28 and the
18responsible party
required to pay the damages shall pay pays the full amount
thereof 19of damages and costs awarded within the time
above prescribed
under s. 94.28 (2)
20(b) or if, upon an appeal, a final judgment
shall be is rendered in favor of the claimant
21and the
defendant shall pay such responsible party pays the judgment and all costs
22awarded to the claimant within
sixty 60 days after
such entry of the final judgment,
1then the person so erecting or maintaining such dam or dams or constructing or
2maintaining such ditches or drains that responsible party shall have the perpetual
3right to maintain and keep the
same dams, ditches or drains that caused the damage 4in good condition and repair
; and neither. Neither the
person responsible party nor
5the
person's responsible party's assigns shall be liable
to for the payment of any
6further damages on account
thereof; and upon failure
of the dams, ditches or drains.
AB970,34,10
7(2) If the responsible party fails to make
such payment
as described in sub. (1) 8within the
times above applicable prescribed
time, the
person responsible party shall
9forfeit all right
under this chapter to maintain
such the dams, ditches or drains
under
10the foregoing provisions that caused the damage.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language and inserts cross-references for greater readability and conformity
with current style.
AB970, s. 48
11Section
48. 94.32 of the statutes is amended to read:
AB970,34,14
1294.32 Pay of arbitrators. The arbitrators
appointed under s. 94.28 shall
each 13receive
$3 per day for their services
three dollars per day each, to be paid in whole
14or in part by either party as
they shall the arbitrators determine.
Note: Replaces word form of numbers with digits, and inserts cross-references for
greater readability and conformity with current style.
AB970, s. 49
15Section
49. 94.72 (2) (a) 8. of the statutes is amended to read:
AB970,35,416
94.72
(2) (a) 8. In the case of mixed feeds containing more than a total of
five
17per cent 5% of one or more mineral ingredients, or other unmixed materials used as
18mineral supplements, and in the case of mineral feeds, mixed or unmixed,
which that 19are manufactured, represented and sold for the primary purposes of supplying
20mineral elements in rations for animals or birds, and
containing that contain 21mineral elements generally regarded as dietary factors essential for normal
22nutrition, the minimum percentage of calcium (Ca), phosphorus (P)
, of and iodine (I)
1and the maximum percentage of salt (NaCl), if
the same be those elements are 2present.
Provided, that if If no nutritional properties other than those of a mineral
3nature
be are claimed for a mineral feed product, the
per centums percentages of
4crude protein, crude fat and crude fiber may be omitted;
Note: Replaces word form of numbers with digits.
AB970, s. 50
5Section
50. 97.56 (2) of the statutes is renumbered 97.56 (2) (intro.) and
6amended to read:
AB970,35,87
97.56
(2) (intro.) No person
shall
may, with intent to defraud,
sell do any of the
8following:
AB970,35,13
9(a) Sell or expose for sale any meat or meat preparation, whether
the same be 10raw or prepared for human consumption, and falsely represent the
same meat or
11meat preparation to be kosher, and as having been prepared under and of a product
12or products sanctioned by the orthodox Hebrew religious requirements
; nor shall any
13person falsely.
AB970,35,18
14(b) Falsely represent any food product or the contents of any package or
15container to be
so constituted and prepared kosher and as having been prepared
16under and of a product or products sanctioned by the orthodox Hebrew religious
17requirements, by having or permitting to be inscribed
thereon on the package or
18container the word "kosher" in any language
; nor shall any person sell.
AB970,35,23
19(c) Sell or expose for sale in the same place of business both kosher and
20nonkosher meat or meat preparations, either raw or prepared for human
21consumption, unless all of that person's window signs and display advertising
22indicate, in block letters at least
four 4 inches in height, "Kosher and Nonkosher
23Meat Sold Here
;" nor shall any person expose".
AB970,36,5
1(d) Expose for sale in any show window or place of business both kosher and
2nonkosher meat or meat preparations, either raw or prepared for human
3consumption, unless the person displays over each kind of meat or meat preparation
4so exposed a sign in block letters at least
four
4 inches in height reading "Kosher
5Meat
,"
, or "Nonkosher Meat
,"
, as the case may be.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 51
6Section
51. 97.56 (3) of the statutes is renumbered 97.56 (3) (intro.) and
7amended to read:
AB970,36,98
97.56
(3) (intro.) No person, with intent to defraud,
shall sell may do any of the
9following:
AB970,36,14
10(a) Sell or expose for sale
, in any restaurant or other place where food products
11are sold for consumption on the premises, any article of food or food preparations
and 12that is falsely
represent the same
represented to be kosher and as having been
13prepared in accordance with the orthodox Hebrew religious requirements
; nor shall
14any person sell.
AB970,36,20
15(b) Sell or expose for sale in any
such restaurant or other place both kosher and
16nonkosher food or food preparations for consumption on the premises when not
17prepared in accordance with the Jewish ritual and not sanctioned by the Hebrew
18orthodox religious requirements
, unless the person's window signs and display
19advertising state, in block letters at least 4 inches in height, "Kosher and Nonkosher
20Food Served Here".
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 52
21Section
52. 98.13 (4) of the statutes is amended to read:
AB970,37,4
198.13
(4) Whenever milk is sold under an agreement, express or implied, that
2the value of the
same milk shall be determined by its proportion of butter fat, the
3price to be paid shall be based on a
three and five-tenths per cent 3.5% butter fat
4standard.
Note: Replaces "same" and word form of numbers with digits for greater
conformity with current style.
AB970, s. 53
5Section
53. 98.14 (1) of the statutes is amended to read:
AB970,37,186
98.14
(1) All bottles and pipettes used in measuring milk or milk products
for
7making determination of the percent to determine the percentage of fat in
said the 8milk or milk products shall have clearly blown or otherwise permanently marked in
9the side of the bottle or pipette the word "Sealed
,"
, and in the side of the pipette or
10the side or bottom of the bottle the name, initials
, or trademark of the manufacturer
11and the manufacturer's designating number, which designating number shall be
12different for each manufacturer and may be used in identifying bottles. The
13designating number shall be furnished by the department upon application by the
14manufacturer and upon the filing by the manufacturer of a bond in the sum of
one
15thousand dollars $1,000 with sureties to be approved by the attorney general,
16conditioned upon conformance with the requirements of this section. A record of the
17bonds furnished, the designating number, and to whom furnished, shall be kept in
18the office of the department.
Note: Replaces "said" and word form of numbers with digits for greater conformity
with current style.
AB970, s. 54
19Section
54. 98.14 (2) of the statutes is amended to read:
AB970,38,520
98.14
(2) Any manufacturer who sells Babcock milk, cream or butter test
21bottles or milk pipettes,
to be used for use in this state, that do not comply with the
22provisions of this section shall
suffer the be subject to a penalty of
five hundred
1dollars $500 to be recovered by the attorney general in an action
brought in the name
2of the people of the state against the offender's bondsmen
, to be brought in the name
3of the people of the state. No dealer shall use, for the purpose of determining the
4percent of milk fat in milk or milk products, any bottles or pipettes that do not comply
5with the provisions of this section
relating thereto.
Note: Replaces word form of numbers with digits, reorders text and replaces
language for greater readability and conformity with current style.
AB970, s. 55
6Section
55. 98.14 (3) of the statutes is amended to read:
AB970,38,107
98.14
(3) The department shall prescribe specifications with which the
8glassware
mentioned described in this section shall comply. The unit of graduation
9for all Babcock glassware shall be the true cubic centimeter or the weight of one gram
10of distilled water at
four 4 degrees centigrade.
Note: Replaces word form of numbers with digits for greater conformity with
current style.
AB970, s. 56
11Section
56. 100.16 (1) of the statutes is amended to read:
AB970,38,1812
100.16
(1) No person shall sell or offer to sell anything
whatever, by the
13representation or pretense that a sum of money or something of value, which is
14uncertain or concealed, is
inclosed enclosed within or may be found with or named
15upon the thing sold, or that will be given to the purchaser in addition to the thing sold,
16or by any representation, pretense or device
, by which the purchaser is informed or
17induced to believe that money or something else of value may be won or drawn by
18chance by reason of
such the sale.
Note: Inserts preferred spelling.
AB970, s. 57
19Section
57. 100.26 (2) of the statutes is amended to read:
AB970,39,220
100.26
(2) Any person violating s. 100.02 shall be guilty of a felony and upon
21conviction shall be
punished by a fine of fined not less than
fifty dollars $50 nor more
1than
three thousand dollars, or by imprisonment $3,000 or imprisoned for not less
2than
thirty 30 days nor more than
three 3 years, or both.
Note: Replaces word form of numbers with digits for greater conformity with
current style.
AB970, s. 58
3Section
58. 101.865 (2) of the statutes is amended to read:
AB970,39,84
101.865
(2) Any person who
shall violate violates the provisions of this section
5shall be deemed is guilty of a misdemeanor and shall be
punished by a fine of fined 6not less than
twenty-five dollars $25 nor more than
one hundred dollars, or by
7imprisonment $100 or imprisoned in the county jail
for not less than
thirty 30 days
8nor more than
six 6 months.
Note: Replaces word form of numbers with digits for greater conformity with
current style.
AB970, s. 59
9Section
59. 102.11 (1) (g) of the statutes is amended to read:
AB970,39,1610
102.11
(1) (g) If an employe is under
twenty-seven 27 years of age, the
11employe's average weekly earnings on which to compute the benefits accruing for
12permanent disability or death shall be determined on the basis of the earnings that
13such the employe, if not disabled, probably would earn after attaining the age of
14twenty-seven 27 years. Unless otherwise established,
said the projected earnings
15determined under this paragraph shall be taken as equivalent to the amount upon
16which maximum weekly indemnity is payable.
Note: Replaces nonspecific reference with specific reference and word form of
numbers with digits for greater readability and conformity with current style.
AB970, s. 60
17Section
60. 102.11 (2) of the statutes is amended to read:
AB970,40,218
102.11
(2) The average annual earnings when referred to in this chapter shall
19consist of
fifty 50 times the employe's average weekly earnings. Subject to the
20maximum limitation, average annual earnings shall in no case be taken at less than
1the actual earnings of the employe in the year immediately preceding the employe's
2injury in the kind of employment in which the employe worked at the time of injury.
Note: Replaces nonspecific reference with specific reference and word form of
numbers with digits for greater readability and conformity with current style.
AB970, s. 61
3Section
61. 102.49 (3) of the statutes is amended to read:
AB970,40,114
102.49
(3) Where If the employe leaves a
wife or husband spouse wholly
5dependent and also a child
or children by a former marriage or adoption likewise
6wholly dependent, aggregate benefits shall be the same in amount as if the
children 7child were the
children of such
child of the surviving spouse, and the entire benefit
8shall be apportioned to the dependents in
such the amounts
as that the department
9shall determine to be just, considering
their the ages
of the dependents and other
10facts factors bearing on dependency. The benefit awarded to the surviving spouse
11shall not exceed
four 4 times the average annual earnings of the deceased employe.
Note: Replaces word form of numbers with digits and language for greater
conformity with current style.
AB970, s. 62
12Section
62. 102.51 (2) (b) of the statutes is amended to read:
AB970,40,1613
102.51
(2) (b)
Where If for
eight 8 years or more prior to the date of injury a
14deceased employe has been a resident of the United States, it shall be conclusively
15presumed that no person who has remained a nonresident alien during that period
16is either totally or partially dependent upon the deceased employe for support.
Note: Replaces word form of numbers with digits for greater conformity with
current style.
AB970, s. 63
17Section
63. 103.16 of the statutes is amended to read:
AB970,41,4
18103.16 (title)
Seats for workers employes; penalty. Every
person or
19corporation employer employing
workers employes in any manufacturing,
20mechanical or mercantile establishment in
the this state
of Wisconsin shall provide
21suitable seats for
the workers so employed its employes, and shall permit the use of
1such those seats by
them its employes when
they the employes are not necessarily
2engaged in the active duties for which they are employed. Any
person or corporation 3employer who violates this section may be fined not less than $10 nor more than $30
4for each offense.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 64
5Section
64. 103.17 of the statutes is amended to read:
AB970,41,14
6103.17 Mutual forfeit. Any
person or corporation employer engaged in
7manufacturing
, which that requires
from its employes, under penalty of forfeiture
8of a part of the wages earned by
them, those employes, to provide a notice of intention
9to leave
such the employer's employ
, shall be liable
to for the payment of a like
10forfeiture if the
person or corporation employer discharges, without similar notice,
11a person in such employ except an employe, other than for incapacity or misconduct,
12unless except in case of a general suspension of labor in the
person's or corporation's 13employer's shop or factory or in the department
thereof wherein such of the
14employer's shop or factory in which the employe is
engaged employed.
Note: Deletes redundant phrases and replaces language and nonspecific
references with specific references for greater readability and conformity with current
style.
AB970, s. 65
15Section
65. 103.19 of the statutes is amended to read:
AB970,41,21
16103.19 Children in shows. No license
shall may be granted for a theatrical
17exhibition or public show in which children under
fifteen 15 years of age are
18employed as acrobats,
as contortionists or in any feats of gymnastics or
19equestrianism
, when if, in the opinion of the board of officers authorized to grant
20licenses
such, those children are employed in
such a manner
as to that may corrupt
21their morals or impair their physical health.
Note: Replaces language and word form of number with digits for greater
readability and conformity with current style.
AB970, s. 66
1Section
66. 103.37 (1) of the statutes is renumbered 103.37 (2m) and amended
2to read:
AB970,42,53
103.37
(2m) It shall be unlawful for any No employer
, as defined in sub. (3) to 4may require any employe or applicant for employment to pay the cost of a medical
5examination required by the employer as a condition of employment.
Note: Replaces language, deletes redundant phrase and reorganizes provision for
greater readability and conformity with current style. See also the
Notes following the
next 3 Sections.
AB970, s. 67
6Section
67. 103.37 (1m) (intro.) of the statutes is created to read:
AB970,42,77
103.37
(1m) (intro.) In this section:
Note: Creates definitions provision at beginning of section for greater readability
and conformity with current style.
AB970, s. 68
8Section
68. 103.37 (2) of the statutes is renumbered 103.37 (1m) (a) and
9amended to read: