2001 Wisconsin Act 103

Note: Corrects cross-reference. Section 70.06 (2) (c) is renumbered s. 70.06 (2) by Section 192 of this bill.

103,195 Section 195. 70.11 (3a) (title) of the statutes is amended to read:

70.11 (3a) (title) Buildings at the Wisconsin veterans home Veterans Home at King or in southeastern Wisconsin.

Note: Conforms capitalization to current style.

103,196 Section 196. 71.67 (5m) (title) of the statutes is created to read:

71.67 (5m) (title) Withholding from payments to purchase assignment of lottery prize.

Note: The remainder of the subsections in s. 71.67 have titles.

103,197 Section 197. 71.85 (3) (intro.) and (a) of the statutes are consolidated, renumbered 71.85 (3) and amended to read:

71.85 (3) Abatement of interest and penalties. No penalty or interest that has been imposed under this subchapter on a taxpayer who is eligible for the exemption under: (a) Section s. 71.05 (6) (b) 13. or 14. may continue to accrue while the taxpayer is in the Operation Desert Shield or Operation Desert Storm theater of operations and for 180 days after the taxpayer leaves the Operation Desert Shield or Operation Desert Storm theater of operations.

Note: The (intro.) and par. (a) are combined as there are no other paragraphs.

103,198 Section 198. 71.91 (5) (ag) (intro.) and 1. of the statutes are consolidated, renumbered 71.91 (5) (ag) and amended to read:

71.91 (5) (ag) In this subsection: 1. "File", "file" means mail, deliver, or submit electronically.

Note: The (intro.) and subd. 1. are combined as there are no other subdivisions.

103,199 Section 199. 77.54 (14) of the statutes is amended to read:

77.54 (14) The gross receipts from the sales of and the storage, use, or other consumption in this state of medicines that are any of the following:

(a) Prescribed for the treatment of a human being by a person authorized to prescribe the medicines, and dispensed on prescription filled by a registered pharmacist in accordance with law;.

(b) Furnished by a licensed physician, surgeon, podiatrist, or dentist to a patient for treatment of the patient;.

(c) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, surgeon, podiatrist, or dentist;.

(d) Sold to a licensed physician, surgeon, podiatrist, dentist, or hospital for the treatment of a human being; or.

(e) Sold to this state or any political subdivision or municipal corporation thereof, for use in the treatment of a human being; or furnished.

(em) Furnished for the treatment of a human being by a medical facility or clinic maintained by this state or any political subdivision or municipal corporation thereof.

(f) Furnished without charge to a physician, surgeon, nurse anesthetist, advanced practice nurse, osteopath, dentist who is licensed under ch. 447, podiatrist who is licensed under ch. 448, or optometrist who is licensed under ch. 449 if the medicine may not be dispensed without a prescription.

Note: Conforms the form of the (intro.) and punctuation to current style. Divides the two clauses in par. (e) into separate paragraphs consistent with the remainder of the section.

103,200 Section 200. 77.54 (14g) of the statutes is amended to read:

77.54 (14g) "Medicines," as used in sub. (14), means any substance or preparation that is intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment, or prevention of disease and which that is commonly recognized as a substance or preparation intended for such use; but "medicines" do not include any of the following:

(a) Any auditory, prosthetic, ophthalmic, or ocular device or appliance.

(b) Articles which that are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, apparatus, contrivances, appliances, devices, or other mechanical, electronic, optical, or physical equipment or article articles, or the component parts or accessories thereof.

(c) Any alcohol beverage the manufacture, sale, purchase, possession, or transportation of which is licensed or regulated under the laws of this state.

Note: Conforms the form of the (intro.) to current style. Inserts the plural "articles" for sentence agreement.

103,201 Section 201. 77.61 (5) (b) 2. of the statutes is amended to read:

77.61 (5) (b) 2. The attorney general, and department of justice employees.

Note: Replaces comma with "and" to correct poor grammar resulting from a partial veto in ch. 418, Laws of 1977.

103,202 Section 202. 84.11 (5r) (title) of the statutes is amended to read:

84.11 (5r) (title) Milwaukee 6th street Street viaduct cost sharing.

Note: Conforms capitalization to current style.

103,203 Section 203. 88.11 (5) (intro.) of the statutes is amended to read:

88.11 (5) (intro.) The report of the department of agriculture, trade and consumer protection under sub. (3) also shall include a report of the college of agriculture and life sciences College of Agricultural and Life Sciences of the University of Wisconsin-Madison on all of the following:

Note: Conforms capitalization to current style and the changes name of the college with that used in the remainder of the statutes.

103,204 Section 204. 88.63 (1) of the statutes is renumbered 88.63 (1m).

Note: Renumbers subsection to accommodate the renumbering of the definition in sub. (3) to the beginning of the section, consistent with current style.

103,205 Section 205. 88.63 (2) of the statutes is amended to read:

88.63 (2) The board shall establish a fund for the payment of costs of maintenance and repair. Whenever the amount of the fund falls below an amount equivalent to 5% of the confirmed benefits currently in effect in the district, the board shall levy an additional assessment under s. 88.23 for maintenance and repair. Assessments for costs of maintenance and repair shall be apportioned on the basis of the confirmed benefits then in effect in the district but may be made notwithstanding the fact that assessments of benefits in the district may have been exhausted by previous assessments for other costs. Assessments for costs of maintenance and repair, including costs incurred and per diems earned by board members under sub. (1) (1m), are not limited by the extent of unexhausted assessments of benefits in the district and shall not be counted in determining whether there are unexhausted assessments of benefits against which assessments for costs other than those authorized by this section may be made.

Note: Subsection (1) is renumbered to sub. (1m) by the previous section of this bill.

103,206 Section 206. 88.63 (3) of the statutes is renumbered 88.63 (1g).

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

103,207 Section 207. 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 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: Deletes inappropriate word.

103,208 Section 208. 93.30 (1) of the statutes is amended to read:

93.30 (1) The secretary shall approve any plans for the expenditure of appropriations under s. 20.115 (4) (e) to the world dairy expo, inc. World Dairy Expo, Inc., for activities that expand business opportunities for the persons of the dairy industry that are located in this state. Of the amounts appropriated under s. 20.115 (4) (e), $33,250 in each fiscal year may be expended only to the extent that a county, city, village, or town pays to world dairy expo, inc. World Dairy Expo, Inc., an amount that is not less than 50% of the department's payment.

Note: Conforms capitalization to current style.

103,209 Section 209. 93.30 (2) of the statutes is amended to read:

93.30 (2) Any moneys received by world dairy expo, inc. World Dairy Expo, Inc., under this section shall be used only for the purposes described in sub. (1).

Note: Conforms capitalization to current style.

103,210 Section 210. 93.30 (3) of the statutes is amended to read:

93.30 (3) Not later than 30 days after the close of the exposition each year world dairy expo, inc. World Dairy Expo, Inc., shall file with the department, on forms provided by it, an itemized account verified on oath, showing amounts actually paid or to be paid. The verified account shall correspond with the plans approved by the secretary under sub. (1). On or before December 31 of the year in which the exposition is held, world dairy expo, inc. World Dairy Expo, Inc., shall furnish the department with a statement of receipts and disbursements, attendance, and such other information relating to the exposition as the department may require. Upon receipt of such statement the department shall pay world dairy expo, inc. World Dairy Expo, Inc., the aid due for the preceding year.

Note: Conforms capitalization to current style.

103,211 Section 211. 93.41 (2) of the statutes is amended to read:

93.41 (2) The department shall develop informational and educational materials on stray voltage and provide those materials to the public in cooperation with the University of Wisconsin System extension program Wisconsin-Extension and the technical college system board and shall study the need for any other state action not in effect under this section or s. 196.857 necessary to protect the public health and welfare from the harmful effects of stray voltage.

Note: Makes reference to the university extension consistent with the remainder of the statutes.

103,212 Section 212. 94.705 (5) (c) of the statutes is amended to read:

94.705 (5) (c) Certification for emergency use. A person may apply for an emergency use certification. Only one emergency use certification shall be granted to a person. Thereafter, certification under par. (a) or (b) is necessary. The department shall conduct a specific evaluation of the applicant's ability to use and apply the pesticide safely and correctly and make any other evaluations deemed necessary by the department. The department shall notify the dealer by telephone that the applicant has been granted an emergency use certification. Written notice of the applicant's responsibility and liability shall be sent by the department to the dealer and the applicant. This certification shall be valid for a one-time onetime specific use only. The department's evaluation shall be conducted at a designated department office, any University of Wisconsin extension Wisconsin-Extension office, or at any other site approved by the department.

Note: Conforms capitalization to current style. Deletes unnecessary "at."

103,213 Section 213. 95.14 (2) of the statutes is amended to read:

95.14 (2) Any corporation organized under this section shall be managed and directed by a self-perpetuating board of directors of 5 members, consisting of the dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison, who shall be permanent chairperson of the board, and 4 others to be appointed in the first instance by the incorporators; at least 3 of the 5 members shall always be representative livestock breeders of the state. If the dean of the College of Agricultural and Life Sciences fails to act as a member of the board by reason of refusal, disability, or vacancy in the chair of the dean, the remaining members of the board shall appoint a representative livestock breeder to act in his or her place on the board until the time as such refusal, disability, or vacancy in the chair ceases to exist. Whenever the dean of the college of agricultural and life sciences College of Agricultural and Life Sciences becomes a member of the board of directors after any such interim, the dean shall automatically become chairperson of the board.

Note: Conforms capitalization to current style.

103,214 Section 214. 108.02 (4m) (e) of the statutes is amended to read:

108.02 (4m) (e) Back pay that an employee would have been paid during his or her base period as a result of employment for an employer, if the payment of such the back pay is made no later than the end of the 104-week period beginning with the earliest week to which such the back pay applies; and

Note: Deletes incorrectly located "and" and inserts a specific reference.

103,215 Section 215. 108.02 (4m) (f) of the statutes is amended to read:

108.02 (4m) (f) All wages that an employer was legally obligated to pay in an employee's base period but failed to pay, or was prohibited from paying as a result of an insolvency proceeding under ch. 128 or as a result of a bankruptcy proceeding under 11 USC 101 et seq.; and

Note: Makes punctuation consistent with the rest of the subsection.

103,216 Section 216. 109.03 (1) (intro.) of the statutes is amended to read:

109.03 (1) Required frequency of payments. (intro.) Every employer shall as often as monthly pay to every employee engaged in the employer's business, except those employees engaged in logging operations and farm labor, all wages earned by such the employee to a day not more than 31 days prior to the date of such payment. Employees engaged in logging operations and farm labor shall be paid all earned wages no less often than at regular quarterly intervals. Any employee who is absent at the time fixed for payment or who for any other reason is not paid at that time shall be paid thereafter at any time upon 6 days' demand. The required frequency of wage payments provided in this subsection does not apply to any of the following:

Note: Amends (intro.) ending for agreement with the subsequent paragraphs and replaces disfavored terminology.

103,217 Section 217. 109.03 (1) (a) of the statutes is amended to read:

109.03 (1) (a) Employees covered under a valid collective bargaining agreement establishing a different frequency for such wage payments, including deferred payments exercised at the option of employees; or.

Note: Makes punctuation consistent with the remainder of the subsection and inserts a specific reference.

103,218 Section 218. 111.57 (3) (intro.) of the statutes is renumbered 111.57 (3) (a) (intro.) and amended to read:

111.57 (3) (a) (intro.) Where If there is no contract between the parties, or where if there is a contract but the parties have begun negotiations looking to a new contract or amendment of the existing contract, and wage rates or other conditions of employment under the proposed new or amended contract are in dispute, the factors, among others, to be given weight by the arbitrator in arriving at decision, shall include all of the following:

Note: Renumbers provision to allow the separation of par. (d) and (e) 2. into stand alone provisions by this bill. Replaces disfavored terminology and amends the (intro.) ending, consistent with current style.

103,219 Section 219. 111.57 (3) (a) to (c) of the statutes are renumbered 111.57 (3) (a) 1. to 3. and amended to read:

111.57 (3) (a) 1. Comparison A comparison of wage rates or other conditions of employment of the utility in question with prevailing wage rates or other conditions of employment in the local operating area involved;.

2. Comparison A comparison of wage rates or other working conditions with wage rates or other working conditions maintained for the same or similar work of workers exhibiting like or similar skills under the same or similar working conditions in the local operating area involved;.

3. The value of the service to the consumer in the local operating area involved;.

Note: Renumbers provision consistent with the treatment of the remainder of s. 111.57 (3) by this bill. Inserts articles and modifies punctuation, consistent with current style.

103,220 Section 220. 111.57 (3) (d) of the statutes is amended to read:

111.57 (3) (d) Where In addition to considering the factors under par. (a), if a public utility employer has more than one plant or office and some or all of such plurality of the employer's plants or offices are found by the arbitrator to be located in separate areas with different characteristics, consideration shall be given to the establishment of separate wage rates or a schedule of wage rates and separate conditions of employment for plants and offices in different areas;.

Note: This provision is separated from the remainder of the enumerated factors due to a lack of sentence agreement with the subsection (intro.) and different subject matter than the other factors included under the (intro.).