Note: Moves definition to place it in alphabetical order consistent with current style.
186,39
Section
39. 66.0201 (2) (e) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 33, is renumbered 66.0201 (2) (bm).
Note: Moves definition to place it in alphabetical order consistent with current style.
186,40
Section
40. 66.0203 (2) (c) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 36, is amended to read:
66.0203 (2) (c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached to the petition a scale map reasonably showing the boundaries of the territory; specify the current resident population of the territory by number in accordance with the definition given in s. 66.0201 (2) (b) (dm); set forth facts substantially establishing the required standards for incorporation; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.
Note: Changed cross-reference to accommodate the renumbering of s. 66.0201 (2) (b). See Section 38 of this bill.
186,41
Section
41. 66.0225 (title) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 71, is amended to read:
66.0225 (title) Municipal boundaries, fixed by judgment.
Note: 1999 Wis. Act (ab 710) showed the previously existing comma as underscored when striking was intended.
186,42
Section
42. 66.0295 (4) (b) 5. and 6. of the statutes, as created by 1999 Wisconsin Act .... (Assembly Bill 872), are renumbered 66.1001 (4) (b) 5. and 6.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act (ab 710), section 74, renumbered the remainder of s. 66.0295 to become s. 66.1001.
Note: Section 66.04 (1a) contains the definition of "governing board", which is used in s. 66.0603 (1) (a), as renumbered from s. 66.04 (2) (a) by 1999 Wis. Act (ab 710). This provision is renumbered to accommodate the placement of the definition as the first subsection of s. 66.0603 in accordance with current style. See also the next section of this bill.
186,44
Section
44
. 66.0603 (1) of the statutes, as affected by
1999 Wisconsin Act 65, sections
16 and
17, and 1999 Wisconsin Act .... (Assembly Bill 710), section 92, is renumbered 66.0603 (1m). The treatment of of 66.0603 (1m) (a) (intro.), as renumbered, by
1999 Wisconsin Act 65, is not repealed by Wisconsin Act .... (Assembly Bill 710). Both treatments stand.
Note: This provision is renumbered to accommodate the placement by the previous section of this bill of a definition as the first subsection of the section, in accordance with current style. As affected by
1999 Wis. Acts 65 and (ab 710), effective 1-1-01, s. 66.0603 (1m) (a) (intro.) reads:
(a) A county, city, village, town, school district, drainage district, technical college district or other governing board may invest any of its funds not immediately needed in any of the following:
186,45
Section
45. The treatment of 66.0621 (1) (a) of the statutes by
1999 Wisconsin Act 65, section
18, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 175. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0621 (1) (a) reads:
(a) "Municipality" means a city, village, town, county, commission created by contract under s. 66.0301, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 200.01 to 200.15 and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local cultural arts district created under subch. V of ch. 229 or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.
186,46
Section
46. 66.0821 (2) (a) 1. of the statutes, as affected by
1999 Wisconsin Act 32, section
149, and 1999 Wisconsin Act .... (Assembly Bill 710), section 216, is amended to read:
66.0821 (2) (a) 1. In addition to all other methods provided by law, a municipality may construct, acquire or lease, extend or improve any plant and equipment within or without its corporate limits for the collection, transportation, storage, treatment and disposal of sewage or storm water and surface water, including necessary lateral, main and interceptor sewers, and a town, village or city may arrange for the service to be furnished by a metropolitan sewerage district or joint sewerage system. or or
Note: The stricken language was inserted by
1999 Wis. Act 32, but was rendered surplusage by the treatment of this provision by 1999 Wis. Act (ab 710). 1999 Wisconsin Act (ab 710) also indicated the replacement of "such" that had already been replaced by
1997 Wis. Act 53.
186,47
Section
47. 66.0821 (5) (a) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 226, is amended to read:
66.0821 (5) (a) If a user of a service complains to the public service commission that rates, rules and practices are unreasonable or unjustly discriminatory, or if a holder of a mortgage or revenue bond or mortgage certificate or other evidence of debt, secured by a mortgage on the sewerage system or any part of the system or pledge of the income of sewerage service charges, complains that rates are inadequate, the public service commission shall investigate the complaint. If there appears to be sufficient cause for the complaint, the commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the town, village or city. After the hearing, if the public service commission determines that the rates, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable rates, rules and practices and may make any other order respecting the complaint that is just and reasonable, including, in the case of standby charges imposed under sub. (4) (c), an order that a municipality refund to the user any amount of the standby charges that have been collected if the user has filed a complaint with the public service commission not later than 60 days after receiving the original notice of charge or after receiving a notice of charge that relates to an increased standby charge. The proceedings under this paragraph are governed, to the extent applicable, by ss. 196.26 to 196.40. The commission shall bill any expense of the commission attributable to a proceeding under this paragraph to the town, village or city under s. 196.85 (1).
Note: The underscored language was inserted by
1997 Wis. Act 53, but was inadvertently not included in 1999 Wis. Act (ab 710).
186,48
Section
48. 66.0817 (6) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 190, is amended to read:
66.0817 (6) If the municipality has revenue or mortgage bonds outstanding relating to the utility plant and which by their terms may not be redeemed concurrently with the sale or lease transaction, an escrow fund with a domestic bank as trustee may be established for the purpose of holding, administering and distributing that portion of the sales or lease proceeds necessary to cover the payment of the principal, any redemption premium and interest which will accrue on the principal through the earliest retirement date of the bonds. During the period of the escrow arrangement the funds may be invested in securities or other investments as described in s. 66.0603 (1) (1m).
Note: Changed cross-reference to accommodate the renumbering of s. 66.0603 (1). See Section 44 of this bill.
186,49
Section
49. 66.0823 (5) (q) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 212, is amended to read:
66.0823 (5) (q) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities and other investments as the authority deems proper in accordance with s. 66.0603 (1) (1m).
Note: Changed cross-reference to accommodate the renumbering of s. 66.0603 (1). See Section 44 of this bill.
186,50
Section
50. 66.0901 (5) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 331, is amended to read:
66.0901 (5) Corrections of errors in bids. If a person submits a bid or proposal for the performance of public work under any public contract to be let by a municipality and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder may not bid upon the public contract unless it is readvertised and relet upon the readvertisement. If a bidder makes an error, omission or mistake and discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality clear and satisfactory evidence of the mistake, omission or error and that it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans or specifications, and in conforming with the provisions of this section. If the discovery and notice of a mistake, omission or error causes a forfeiture, the bidder may not recover the moneys or certified check forfeited as liquidated damages unless it is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.
Note: The stricken comma was deleted by 1999 Wis. Act (ab 710) without being shown as stricken. The change was intended.
186,51
Section
51. The treatment of 66.0903 (3) (am) of the statutes by
1999 Wisconsin Act 70, section
2, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (3) (am) reads:
(am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.
186,52
Section
52. The treatment of 66.0903 (3) (bm) of the statutes by
1999 Wisconsin Act 70, section
4, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (3) (bm) reads:
(bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.
186,53
Section
53. The treatment of 66.0903 (9) (c) of the statutes by
1999 Wisconsin Act 70, section
12, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (9) (c) reads:
(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of the final payment.
186,54
Section
54. The treatment of 66.0903 (10) (a) of the statutes by
1999 Wisconsin Act 70, section
13, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (10) (a) reads:
(a) Each contractor, subcontractor or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.
186,55
Section
55. The treatment of 66.0903 (10) (b) of the statutes by
1999 Wisconsin Act 70, section
14, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (10) (b) reads:
(b) The department or the contracting local governmental unit may demand and examine, and every contractor, subcontractor and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records.
186,56
Section
56. The treatment of 66.0903 (11) (a) of the statutes by
1999 Wisconsin Act 70, section
17, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (a) reads:
(a) Any contractor, subcontractor or contractor's or subcontractor's agent, who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, is liable to any affected employe in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employe for and in behalf of that employe and other employes similarly situated. No employe may be a party plaintiff to the action unless the employe consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.
186,57
Section
57. The treatment of 66.0903 (11) (b) 2. of the statutes by
1999 Wisconsin Act 70, section
18, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (b) 2. reads:
2. Whoever induces any person who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment or by any other means is guilty of an offense under s. 946.15 (1).
186,58
Section
58. The treatment of 66.0903 (11) (b) 4. of the statutes by
1999 Wisconsin Act 70, section
19, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (b) 4. reads:
4. Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
186,59
Section
59. The treatment of 66.0903 (12) (a) of the statutes by
1999 Wisconsin Act 70, section
21, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (12) (a) reads:
(a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) and any local governmental unit exempted under sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A local governmental unit may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.
186,60
Section
60. The treatment of 66.0903 (12) (d) of the statutes by
1999 Wisconsin Act 70, section
23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (12) (d) reads:
(d) Any person submitting a bid or negotiating a contract on a project that is subject to this section shall, on the date the person submits the bid or negotiates the contract, identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or negotiates the contract or at any other time within 3 years preceding the date the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.
186,61
Section
61. The treatment of 66.1011 (1) of the statutes by
1999 Wisconsin Act 82, section
23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 447. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (1) reads:
(1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in s. 106.50 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status as defined in s. 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.
186,62
Section
62. The treatment of 66.1011 (2) of the statutes by
1999 Wisconsin Act 82, section
28, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 447. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2) reads:
(2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. An ordinance may be similar to ss. 101.132 and 106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions. An ordinance establishing a forfeiture as a penalty for violation may not be for an amount that is less than the statutory forfeitures under s. 106.50 (6) (h). An ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. An ordinance may authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.
186,63
Section
63. The treatment of 66.184 of the statutes by
1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective on the first day of the 6th month beginning after the publication of 1999 Wis. Act (sb 136), s. 66.184 reads as follows. Section 66.184 is renumbered to s. 66.0137 (4) by 1999 Wis. Act (ab 710), effective January 1, 2001.
66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and 767.25 (4m) (d).
Note: There is no conflict of substance. As merged by the Revisor, s. 73.0301 (1) (d) 6. reads:
6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.93 or under subch. III of ch. 551.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2) reads:
(2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of mobile homes, as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a).
84.09 (4) The cost of the lands and interests acquired and damages allowed pursuant to this section, expenses incidental thereto, expenses of the county highway committee incurred in performing duties under this section and the county highway committee's customary per diem, or a per diem not to exceed the lawful rate permitted for members of county boards if the highway committee members receive an annual salary, are paid out of the available improvement or maintenance funds. Members of a highway committee who receive an annual salary shall be entitled to the per diem paid, as compensation for their services, in addition to their annual salary fixed pursuant to s. 59.10 (3) (i).
Note: The underscored text was inserted by
1999 Wis. Act 83 without being shown as underscored. The change was intended.
186,67
Section
67. 84.61 of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 1999.
186,68
Section
68. 93.06 (1f) of the statutes is amended to read:
93.06 (1f) Animal health inspection and testing. Perform animal health inspections and tests and examine animal health documentation at the state fair, the world dairy expo, inc., the world beef expo, the midwest horse show fair and other livestock exhibitions held in this state and attended by participants from outside of this state, as specified by the department by rule. The department may charge a fee to the sponsor of the exhibition to cover the reasonable costs of the department's inspection and testing services whether or not the sponsor requests the services. This subsection does not apply to county fairs or other local livestock exhibitions.
Note: Corrects name.
101.14 (4) (b) 3. The rules of the department shall require every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to contain an automatic fire sprinkler system on each floor by January 1, 2006. Notwithstanding par. (c) 1., the rules of the department shall further require every residence hall and dormitory, the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.
