AB512: Bill Text

NOTE: Section 20.395 (1) (hq) was repealed by 1999 Wis. Act 185.

AB512, s. 59 Section 59. The treatment of 101.9204 (1) (g) of the statutes by 1999 Wisconsin Act 53 is not repealed by 1999 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 101.9204 (1) (g) reads:

(g) If the manufactured home is a used manufactured home that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the the department, pertaining to the title history and ownership of the manufactured home.

AB512, s. 60 Section 60. 101.9219 (3) (a) of the statutes is amended to read:

AB512,18,3 101.9219 (3) (a) The applicant is a manufactured home dealer licensed under s. 101.951 and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. ss. 138.09 or 218.01 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state.

Note: Inserts correct cross-reference.

AB512, s. 61 Section 61. 111.93 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB512,18,14 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d), 230.35 and (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

Note: Fixes a cross-reference error.

AB512, s. 62 Section 62. The treatment of 118.33 (1) (f) 1. of the statutes by 1999 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 118.33 (1) (f) 1. reads:

1. By September 1, 2002, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (d), the pupil's academic performance and the recommendations of teachers. Except as provided in subd. 2., the criteria apply to pupils enrolled in charter schools located in the school district.

AB512, s. 63 Section 63. The treatment of 120.06 (6) (b) 1. of the statutes by 1999 Wisconsin Act 83, section 193, is not repealed by 1999 Wisconsin Act 182, section 216. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 120.06 (6) (b) 1. reads:

1. No later than the 4th Tuesday in November prior to the spring election, the school district clerk shall publish a type A notice of the school district election under s. 10.01 (2) (a).

AB512, s. 64 Section 64. 120.13 (1) (b) 2m. of the statutes is amended to read:

AB512,19,4 120.13 (1) (b) 2m. In subdivision 2. c. and d., conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage a property.

NOTE: The stricken language was inserted by 1999 Wis. Act 83 without being shown as underscored. The change was not intended.

AB512, s. 65 Section 65. 120.13 (37) of the statutes is amended to read:

AB512,19,14 120.13 (37) Awarding high school diplomas to veterans. Notwithstanding s. 118.33 (1), award a high school diploma to a person who is at least 65 years old, attended high school in the school district, left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.35 (5) (e), and served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces. A school board may award a high school diploma to a person who received a high school equivalency diploma under s. 115.29 (4) after serving on active duty if the person meets the other conditions of this paragraph subsection.

Note: Inserts correct cross-reference.

AB512, s. 66 Section 66. 125.33 (2) (L) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB512,19,19 125.33 (2) (L) 1. Purchase advertising for a fair consideration from a bona fide national or statewide trade association which that derives its principle principal income from membership dues of Class "B" licensees.

Note: Corrects spelling and grammar.

AB512, s. 67 Section 67. 125.33 (2s) of the statutes is amended to read:

AB512,20,6 125.33 (2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in sub. (1), a brewer that produces 350,000 or more barrels of fermented malt beverages annually may contribute money or other things of value to a bona fide national or statewide trade association which that derives its principle principal income from membership dues of Class "B" licensees.

Note: Corrects spelling and grammar.

AB512, s. 68 Section 68. The treatment of 146.34 (1) (j) of the statutes by 1999 Wisconsin Act 32 is not repealed by 1999 Wisconsin Act 162. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 146.34 (1) (j) reads:

(j) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 990.001 (16). This relationship may be by blood, marriage or adoption.

AB512, s. 69 Section 69. 146.36 of the statutes is repealed.

Note: By its terms, this provision has no application after December 30, 2000.

AB512, s. 70 Section 70. The treatment of 146.81 (4) of the statutes by 1999 Wisconsin Act 151 is not repealed by 1999 Wisconsin Act 188. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 146.81 (4) reads:

(4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (2) (a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125. "Patient health care records" also includes health summary forms prepared under s. 302.388 (2).

AB512, s. 71 Section 71. 146.82 (2) (a) 20. of the statutes, as created by 1999 Wisconsin Act 151, is renumbered 146.82 (2) (a) 21.

Note: Confirms renumbering by the revisor under 13.93 (1) (b). 1999 Wis. Act 78 also created a provision numbered s. 146.82 (2) (a) 20.

AB512, s. 72 Section 72. 146.997 (4) (a) of the statutes is amended to read:

AB512,21,6 146.997 (4) (a) Subject to par. (b), any employee of a health care facility or health care provider who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of sub. (3) may file a complaint with the department under s. 106.06 106.54 (6). If the department finds that a violation of sub. (3) has been committed, the department may take such action under s. 111.39 as will effectuate the purpose of this section.

Note: Inserts correct cross-reference. Section 106.06 was renumbered to s. 106.54 by 1999 Wis. Act 82.

AB512, s. 73 Section 73. 149.10 (3j) (a) of the statutes is amended to read:

AB512,21,13 149.10 (3j) (a) An employee welfare plan, as defined in section 3 (1) of the federal Employee Retirement Income Security Act of 1974, to the extent that the employee welfare plan provides medical care, including items and services paid for as medical care, to employees or to their dependents, as defined under the terms of the employee welfare plan, directly or through insurance, reimbursement , or otherwise.

Note: Corrects title to federal act.

AB512, s. 74 Section 74. 178.30 (1) (b) (intro.) of the statutes is amended to read:

AB512,21,17 178.30 (1) (b) (intro.) By any transaction which that would bind the partnership if dissolution had not taken place, provided the other party to the transaction:

Note: Inserts missing colon. The correction is reflected in the printed statutes.

AB512, s. 75 Section 75. 192.32 (1) (b) of the statutes is amended to read:

AB512,21,20 192.32 (1) (b) To prevent any person from driving across any railroad from one part of that person's land to another part thereof, or.

Note: The stricken ", or" was shown as underscored in 1997 Wis. Act 254. It was preexisting text that was intended to be deleted and should have been shown as stricken.

AB512, s. 76 Section 76. 196.025 (4) (a) 2. of the statutes is amended to read:

AB512,22,3 196.025 (4) (a) 2. Employ technologies such as combined heat and power systems, fuel cells, mircroturbines, or photovoltalic photovoltaic systems that may be situated in, on, or next to buildings or other electric load centers.

Note: Corrects spelling. The correct spelling is reflected in the published statutes.

AB512, s. 77 Section 77. 218.0145 (1) (intro.) of the statutes is amended to read:

AB512,22,13 218.0145 (1) (intro.) No manufacturer, wholesaler, or distributor, and no officer, agent, or representative of a manufacturer, wholesaler , or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer in this state to sell, assign , or transfer any retail instalment sales contract, obtained by the dealer in connection with the sale by the dealer in this state of motor vehicles manufactured or sold by the manufacturer, wholesaler, or distributor, to a specified sales finance company or class of sales finance companies, or to any other specified person, by any of the following acts or means:

Note: Inserts comma to correct grammar.

AB512, s. 78 Section 78. 218.0161 of the statutes, as affected by 1999 Wisconsin Act 31, section 281, and 1999 Wisconsin Act 138, section 2, is amended to read:

AB512,22,19 218.0161 Penalties. Except for s. 218.0116 (1) (a), (b), (cm), (d), (f), (fm), (g), (jm), (m), (o), and (om), and except for violations for s. 218.0114 (1), 218.0117 (3), 218.0119, or 218.0147, any person violating ss. 218.0101 to 218.0163 may be required to forfeit not less than $25 nor more than $500 for each violation.

Note: 1999 Wis. Act 138 repealed s. 218.01 (3a), which was renumbered to s. 218.0117 by 1999 Wis. Act 31. Act 138 struck the cross reference to s. 218.01 (3a) in this s. 218.01 (3a) (c), but that was replaced by the cross-reference to s. 218.0117 (3) by Act 31. The cross-reference to s. 218.0117 (3) is stricken to effectuate the change made by Act 138.

AB512, s. 79 Section 79. 218.11 (7) (a) of the statutes is amended to read:

AB512,23,7 218.11 (7) (a) The department may without notice deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after such notice, the applicant may petition the division of hearings and appeals, as defined in s. 218.01 (1) (gm) 218.0101 (9), to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. This paragraph does not apply to denials of applications for licenses under sub. (6m).

Note: Inserts correct cross-reference. Section 218.01 (1) (gm) was renumbered to s. 218.0101 (9) by 1999 Wis. Act 31.

AB512, s. 80 Section 80. The treatment of 227.01 (13) (t) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 167. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 227.01 (13) (t) reads:

(t) Ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50 and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50 and 229.8275 is subject to judicial review under s. 227.40.

AB512, s. 81 Section 81. 227.53 (1) (a) 3. of the statutes is amended to read:

AB512,24,2 227.53 (1) (a) 3. If the petitioner is a resident, the proceedings shall be held in the circuit court for the county where the petitioner resides, except that if the petitioner is an agency, the proceedings shall be in the circuit court for the county where the respondent resides and except as provided in ss. 73.0301 (2) (b) 2., 77.59 (6) (b), 182.70 (6), and 182.71 (5) (g). The proceedings shall be in the circuit court for Dane County if the petitioner is a nonresident. If all parties stipulate and the court to which the parties desire to transfer the proceedings agrees, the proceedings may be held in the county designated by the parties. If 2 or more petitions for review of the same decision are filed in different counties, the circuit judge for the county in which a petition for review of the decision was first filed shall determine the venue for judicial review of the decision, and shall order transfer or consolidation where appropriate.

Note: Adds a provision that falls within the listed exception. Section 73.0301 (2) (b) 2. provides for "judicial review under ss. 227.52 to 227.60, except that the review shall be in the circuit court for Dane County."

AB512, s. 82 Section 82. 229.821 (1) of the statutes is amended to read:

AB512,24,5 229.821 (1) "Bond" means any bond, note, or other obligation issued under s. 66.066 66.0621 by a district.

Note: Inserts correct cross-reference. Section 66.066 was renumbered to s. 66.0621 by 1999 Wis. Act 150.

AB512, s. 83 Section 83. 229.824 (5) of the statutes is amended to read:

AB512,24,10 229.824 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.30 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

Note: Inserts correct cross-reference. Section 66.30 was renumbered to s. 66.0301 by 1999 Wis. Act 150.

AB512, s. 84 Section 84. 229.824 (6) of the statutes is amended to read:

AB512,24,14 229.824 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.30 66.0301, participate in a governmental plan of insurance or self-insurance.

Note: Inserts correct cross-reference. Section 66.30 was renumbered to s. 66.0301 by 1999 Wis. Act 150.

AB512, s. 85 Section 85. 229.824 (8) of the statutes is amended to read:

AB512,25,2 229.824 (8) Subject to s. 229.8245, issue revenue bonds under s. 66.066 66.0621, subject to ss. 229.829 to 229.834, and enter into agreements related to the issuance of bonds, including liquidity and credit facilities, remarketing agreements, insurance policies, guaranty agreements, letter of credit or reimbursement agreements, indexing agreements, interest exchange agreements , and currency exchange agreements.

Note: Inserts correct cross-reference. Section 66.066 was renumbered to s. 66.0621 by 1999 Wis. Act 150.

AB512, s. 86 Section 86. 229.8275 (1) of the statutes, as created by 1999 Wisconsin Act 167, is amended to read:

AB512,25,11 229.8275 (1) Not to permit any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.293 66.0903 and who would not be required or permitted to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.293 66.0903, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 66.293 66.0903 (4) (a).

Note: Inserts correct cross-reference. Section 66.293 was renumbered to s. 66.0903 by 1999 Wis. Act 150.

AB512, s. 87 Section 87. 229.8275 (2) of the statutes is amended to read:

AB512,25,17 229.8275 (2) To require any contractor, subcontractor , or agent thereof performing work on the football stadium facilities to keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent thereof performing work on a project of public works that is subject to s. 66.293 66.0903 is required to keep and permit inspection of records under s. 66.293 66.0903 (10).

Note: Inserts correct cross-reference. Section 66.293 was renumbered to s. 66.0903 by 1999 Wis. Act 150.

AB512, s. 88 Section 88. 229.8275 (3) of the statutes is amended to read:

AB512,26,5 229.8275 (3) Otherwise to comply with s. 66.293 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.293 66.0903 and to require any contractor, subcontractor, or agent thereof performing work on the football stadium facilities to comply with s. 66.293 66.0903 in the same manner as a contractor, subcontractor, or agent thereof performing work on a project of public works that is subject to s. 66.293 66.0903 is required to comply with s. 66.293 66.0903.

Note: Inserts correct cross-reference. Section 66.293 was renumbered to s. 66.0903 by 1999 Wis. Act 150. Adds serial commas consistent with current style.