AB920: Bill Text

Note: Amends language to conform to the creation of the definition of "indenture" in s. 106.001 (2). Also deletes or replaces obsolete language for improved readability and consistency with current style.

AB920, s. 167 Section 167. 106.025 (2) of the statutes is amended to read:

AB920,76,9 106.025 (2) Every person commencing a plumbing apprenticeship shall be indentured enter into an indenture under s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer or both extend the term for up to one additional year.

Note: Amends language to conform to the creation of the definition of "indenture" in s. 106.001 (2).

AB920, s. 168 Section 168. 108.02 (2) (dm) of the statutes is amended to read:

AB920,76,14 108.02 (2) (dm) In the employ of a group of operators of farms (, or a cooperative organization of which such operators of farms are members), in the performance of service described in par. (d), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.

Note: Replaces parentheses and inserts specific reference for improved readability and consistency with current style.

AB920, s. 169 Section 169. 108.02 (15) (e) of the statutes is amended to read:

AB920,77,2 108.02 (15) (e) In determining whether an individual's entire services shall be deemed considered "employment" subject to this chapter, under pars. (b), (c), (d), (dm) and (dn), the department may determine and redetermine the individual's status hereunder for such reasonable periods as it deems considers advisable, and may refund (, as paid by mistake), any contributions which that have been paid hereunder with respect to services duly covered under any other unemployment insurance law.

Note: Replaces parentheses and disfavored terms consistent with current style.

AB920, s. 170 Section 170. 108.03 (1) of the statutes is amended to read:

AB920,77,8 108.03 (1) Benefits shall be paid to each unemployed and eligible employe from his or her employer's account, under the conditions and in the amounts stated in (, or approved by the department pursuant to), this chapter, and at such times, at such places, and in such manner as the department may from time to time approve or prescribe.

Note: Replaces parentheses consistent with current style.

AB920, s. 171 Section 171. 108.04 (9) (a) and (b) of the statutes are amended to read:

AB920,77,11 108.04 (9) (a) If the position offered is vacant due directly to a strike, lockout or other labor dispute;.

AB920,77,14 (b) If the wages, hours (, including arrangement and number), or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;.

Note: Replaces punctuation and parentheses consistent with current style.

AB920, s. 172 Section 172. 108.04 (12) (d) of the statutes is amended to read:

AB920,77,19 108.04 (12) (d) Any individual who receives unemployment insurance for a given week under the law of any other state (, with no use of benefit credits earned under this chapter), shall be ineligible for benefits paid or payable for that same week under this chapter.

Note: Replaces parentheses consistent with current style.

AB920, s. 173 Section 173. 108.14 (8n) (b), (c) and (d) of the statutes are amended to read:

AB920,78,8 108.14 (8n) (b) Such arrangements Arrangements under par. (a) may provide, as to any individual whose employment has been covered by this chapter and by the unemployment insurance law of one or more other participating jurisdictions, for transfer by the department to another agency of relevant records or information, and the acceptance and use thereof of the records and information, in combination with similar data from other jurisdictions, by such the other agency, as a basis for computing and paying benefits under the law administered by such the other agency. Reciprocally, such arrangements under par. (a) may provide for similar acceptance, combination and use by the department of data received from other jurisdictions to compute and pay benefits under this chapter.

AB920,78,12 (c) Such arrangements Arrangements under par. (a) shall provide for mutual acceptance by the participating agencies of data thus supplied under par. (b), including reasonable estimates of relevant data not otherwise available in the transferring agency.

AB920,78,17 (d) Such arrangements Arrangements under par. (a) shall specify an equitable basis for reimbursing the unemployment fund of each participating jurisdiction for any benefits paid therefrom on the basis of covered employment in (, and data supplied by the agency of), another such participating jurisdiction, out of the unemployment fund of such the other jurisdiction.

Note: Inserts specific references and cross-references for improved readability and consistency with current style.

AB920, s. 174 Section 174. 108.14 (8n) (f) of the statutes is amended to read:

AB920,78,22 108.14 (8n) (f) To facilitate the application of such arrangements under par. (a) to this chapter, the department may, from data received by it under such arrangements, make reasonable estimates of quarterly wages and may compute and pay benefits accordingly.

Note: Inserts specific cross-reference for improved readability and consistency with current style.

AB920, s. 175 Section 175. 108.16 (6) (b) and (c) of the statutes are amended to read:

AB920,79,2 108.16 (6) (b) Any reimbursement made pursuant to s. 108.04 (13) (d);.

AB920,79,4 (c) Any balance credited to an employer's account, if and when the employer ceases to be subject to this chapter, except as provided in sub. (8) ;.

Note: Replaces punctuation consistent with current style.

AB920, s. 176 Section 176. 108.16 (6) (e) of the statutes, as affected by 1999 Wisconsin Act 15, is amended to read:

AB920,79,11 108.16 (6) (e) The amount of any benefit check duly issued and delivered or mailed to an employe, if such the benefit check has not been presented for payment within one year after its date of issue; provided that a substitute check may be issued and charged to the balancing account, if the employe makes application therefor within 6 years after the date of issue of the original check;.

Note: Inserts specific reference and replaces punctuation and a disfavored term for improved readability and consistency with current style. See also the next 2 sections of this bill.

AB920, s. 177 Section 177. 108.16 (6m) (f) of the statutes is created to read:

AB920,79,13 108.16 (6m) (f) The amount of any substitute check issued under sub. (11).

Note: Relocates material from s. 108.16 (6) (e), above.

AB920, s. 178 Section 178. 108.16 (11) of the statutes is created to read:

AB920,79,17 108.16 (11) The fund's treasurer may issue a substitute check to an employe to replace a check that is canceled under sub. (6) (e), if the employe makes application therefor within 6 years after the date of issue of the original check.

Note: Relocates material from s. 108.15 (6) (e), above.

AB920, s. 179 Section 179. 111.02 (2) of the statutes is amended to read:

AB920,80,2 111.02 (2) "Collective bargaining" is the negotiating by an employer and a majority of the employer's employes in a collective bargaining unit (, or their representatives), concerning representation or terms and conditions of employment of such employes, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

Note: Replaces parentheses consistent with current style.

AB920, s. 180 Section 180. 111.05 (4) of the statutes is amended to read:

AB920,80,12 111.05 (4) Questions concerning the determination of collective bargaining units or representation of employes may be raised by petition of any employe or the employe's employer (, or the representative of either of them). Where it appears by the petition that any emergency exists requiring prompt action, the commission shall act upon said on the petition forthwith immediately and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held shall does not prevent the holding of another election among the same group of employes, provided that it appears to the commission that sufficient reason therefor for another election exists.

Note: Replaces parentheses consistent with current style.

AB920, s. 181 Section 181. 111.06 (1) (f) of the statutes is amended to read:

AB920,80,15 111.06 (1) (f) To violate the terms of a collective bargaining agreement (, including an agreement to accept an arbitration award).

Note: Replaces parentheses consistent with current style.

AB920, s. 182 Section 182. 111.06 (2) (e) of the statutes is amended to read:

AB920,80,21 111.06 (2) (e) To cooperate in engaging in, promoting or inducing picketing ( that does not constituting constitute an exercise of constitutionally guaranteed free speech), boycotting or any other overt concomitant of a strike unless a majority in a collective bargaining unit of the employes of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike.

Note: Replaces text to accommodate the replacement of parentheses consistent with current style.

AB920, s. 183 Section 183. 111.115 (3) of the statutes is amended to read:

AB920,81,11 111.115 (3) Where the exercise of the right to strike by employes of any employer engaged in the state of Wisconsin in the production, harvesting or initial off-farm processing (the latter after leaving the farm) of any farm or dairy product produced in this state would tend to cause the destruction or serious deterioration of such product, the employes shall give to the commission at least 10 days' notice of their intention to strike and the commission shall immediately notify the employer of the receipt of such notice. Upon receipt of such notice, the commission shall take immediate steps to effect mediation, if possible. In the event of the failure of the efforts to mediate, the commission shall endeavor to induce the parties to arbitrate the controversy.

Note: Replaces parenthetical phrase for improved readability and consistency with current style.

AB920, s. 184 Section 184. 111.57 (3) (e) of the statutes is renumbered 111.57 (3) (e) 1. and amended to read:

AB920,81,19 111.57 (3) (e) 1. The overall compensation presently received by the employes, having regard not only to wages for time actually worked but also to wages for time not worked, including (, without limiting the generality of the foregoing), vacation, holidays, and other excused time, and all benefits received, including insurance and pensions, medical and hospitalization benefits and the continuity and stability of employment enjoyed by the employes.

AB920,82,2 2. The foregoing enumeration of factors under subd. 1. shall not be construed as precluding the arbitrator from taking into consideration other factors not confined to the local labor market area which that are normally or traditionally taken into consideration in the determination of wages, hours and working conditions through voluntary collective bargaining or arbitration between the parties.

Note: Subdivides provision, inserts specific cross-reference and replaces parentheses for improved readability and consistency with current style.

AB920, s. 185 Section 185. 112.10 (1) (b) of the statutes is amended to read:

AB920,82,8 112.10 (1) (b) "Gift instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing document (, including the terms of any institutional solicitations from which an institutional fund resulted), under which property is transferred to or held by an institution as an institutional fund.

Note: Replaces parentheses consistent with current style.

AB920, s. 186 Section 186. 114.002 (6) of the statutes is amended to read:

AB920,82,16 114.002 (6) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

Note: Replaces word not appearing in the dictionary.

AB920, s. 187 Section 187. 114.14 (3) of the statutes is renumbered 114.14 (3) (a) (intro.) and amended to read:

AB920,82,20 114.14 (3) (a) (intro.) In Except as provided in par. (b), in carrying out its duties the airport commission may employ do any of the following:

AB920,83,2 1. Employ a manager, who may be a member of the commission, and fix the manager's compensation (but no member of the commission shall vote on the question of his or her selection as manager nor on any question as to his or her compensation), and employ.

AB920,83,4 2. Employ and fix the compensation of such other employes as may be deemed other than a manager that the commission considers necessary; may make such.

AB920,83,7 3. Make contracts or other arrangements as may be deemed that the commission considers necessary for the construction, improvement, equipment, maintenance or operation of the airport; may contract .

AB920,83,8 4. Contract with the United States or any agency thereof; may contract.

AB920,83,11 5. Contract with private parties for a term not to exceed 10 years for the operation of the airport, including all necessary arrangements for the improvement and, equipment and successful operation thereof. Provided, that in of the airport.

AB920,83,13 (b) 1. The public may in no case shall the public be deprived of equal and uniform use of the airport; and further, that no.

AB920,83,16 2. No act, contract, lease or any activity of the airport commission shall be or become a binding contract on any government unit unless expressly authorized, and then only to the extent so expressly authorized.

Note: Subdivides provision in outline form and reorders text for improved readability and conformity with current style. See also the next section of this bill.

AB920, s. 188 Section 188. 114.14 (3) (b) (intro.) and 3. of the statutes are created to read:

AB920,83,19 114.14 (3) (b) (intro.) The exercise of authority by the airport commission under par. (a) shall be subject to all of the following conditions:

AB920,83,21 3. No member of the commission may vote on the question of his or her selection as manager nor on any question as to his or her compensation.

Note: A paragraph (intro.) is created for clarity. The creation of subd. 3. relocates previously existing parenthetical material for more logical placement and to accommodate the renumbering by the previous section of this bill.

AB920, s. 189 Section 189. 115.001 (15) (title) of the statutes is created to read:

AB920,84,1 115.001 (15) (title) State superintendent.

Note: The remaining subsections of s. 115.001 have titles.

AB920, s. 190 Section 190. 115.46 (2) (d) and (e) of the statutes are amended to read:

AB920,84,6 115.46 (2) (d) "Originating state" means a state (, and the subdivision thereof, subdivisions of the state, if any), whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to sub. (3).

AB920,84,9 (e) "Receiving state" means a state (, and the subdivisions thereof) which accept of the state, that accepts educational personnel in accordance with the terms of a contract made pursuant to sub. (3).

Note: Replaces parentheses consistent with current style and replaces "which" with "that" to correct grammar.

AB920, s. 191 Section 191. 117.22 (2) (d) of the statutes is amended to read:

AB920,85,2 117.22 (2) (d) At least 12 weeks prior to the date of the election, the school district clerk shall publish a type A notice of the school board election, under s. 10.01 (2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified elector of the school district created by the reorganization may file with the school district clerk a sworn declaration of candidacy for the school board and, if required, nomination papers, as provided under s. 120.06 (6) (b). For purposes of this paragraph, a candidate who resides in the territory of the school district created pursuant to a reorganization under s. 117.105 and is otherwise a qualified elector shall be considered a qualified elector for a school board election under par. (bm). A candidate shall file an amended declaration with the school district clerk as provided in s. 120.06 (6) (b) 5. Within 8 days after the first election in the newly created school district, the school district clerk shall notify the successful candidates of their election. On the 2nd Tuesday following the election, the clerk shall administer or receive the official oath and the newly elected members shall take office.