SB539: Bill Text

SB539, s. 46 Section 46. 77.996 (6) of the statutes is amended to read:

SB539,14,8 77.996 (6) "Gross receipts" has the meaning given in s. 77.51 (4) (a), (b) 1. and 5., (c) 1. to 4., and (d). "Gross receipts" does not include the license fee imposed under s. 77.9661 77.9961 (1m) that is passed on to customers.

Note: Inserts correct cross-reference. There is no s. 77.9661. Section 77.996 creates definitions applicable to ss. 77.996 to 77.9965, and s. 77.9961 (1m) imposes a license fee on dry cleaning facilities.

SB539, s. 47 Section 47. 79.03 (3c) (f) of the statutes is amended to read:

SB539,14,18 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999; and $11,000,000 in the year 2000 and in the year 2001. The total amount to be distributed under this subsection from ss. s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (b) and 20.855 (4) (rb), 2001 stats., in 2002 is $11,110,000 and the total amount to be distributed under this subsection from s. 20.835 (1) (b) in 2003 is $11,221,100 less the reductions under s. 79.02 (3) (c) 3.

Note: Changes order of citations in conformity with current style.

SB539, s. 48 Section 48. 79.04 (7) (b) 1. of the statutes is renumbered 79.04 (7) (b).

Note: Section 79.04 (7) (b) does not contain other subdivisions. 2003 Wis. Act 31 created s. 79.04 (7) (b) 1. and 2. The creation of s. 79.04 (7) (b) 2. was removed from 2003 Wis. Act 31 by the governor's partial veto.

SB539, s. 49 Section 49. 82.03 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 214, is repealed and recreated to read:

SB539,15,3 82.03 (2) (a) A greater sum is authorized by the town meeting.

Note: Section 81.01 (3) was renumbered by 2003 Wis. Act 214 to s. 82.03 (2). Due to a transcription error s. 82.03 (2) (a) was inadvertently omitted from the published volumes.

SB539, s. 50 Section 50. 85.205 (1) of the statutes is repealed.

Note: By its terms, s. 85.205 (1) has no application after June 30, 2002.

SB539, s. 51 Section 51. 85.205 (2) of the statutes is renumbered 85.205.

Note: After the repeal of s. 85.205 (1) by this bill, s. 85.205 has no other subsections.

SB539, s. 52 Section 52. 86.03 (7) (title) of the statutes is created to read:

SB539,15,7 86.03 (7) (title) Cutting of veterans memorial trees; penalty.

Note: All other subsections of s. 86.03 have titles.

SB539, s. 53 Section 53. 88.01 (4) of the statutes is amended to read:

SB539,15,12 88.01 (4) "Cost of construction" includes damages to lands both within and outside the district, reasonable attorneys' attorney fees for petitioners and the board, and all other reasonable and necessary expenses incurred in the organization of and in the construction and completion of the works of a drainage district.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 54 Section 54. 88.08 (4) of the statutes is amended to read:

SB539,16,2 88.08 (4) Before any order taxing costs is entered, a petitioner or the board or a person contesting the proceedings shall file with the clerk of the court a duly verified itemized statement of all costs, attorneys' attorney fees, and other liabilities incurred in prosecuting or contesting such proceedings, upon which an order shall be issued requiring the petitioners to show cause why an order taxing costs should not be entered against them for the amount of costs, attorneys' fees and other liabilities. Notice of hearing of such order to show cause shall be given to the petitioners as provided in s. 88.05 (3). Such order need not contain an itemized statement of such account, but shall state where such account is filed.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 55 Section 55. 97.02 (14) (a) of the statutes is amended to read:

SB539,16,8 97.02 (14) (a) Has partially or completely imbedded therein any nonnutritive object: provided, that this clause paragraph shall not apply in the case of any nonnutritive object if, in the judgment of the department as provided by regulations, such object is of practical functional value to the confectionary product and would not render the product injurious or hazardous to health;

Note: Corrects cross-reference.

SB539, s. 56 Section 56. 97.02 (14) (c) of the statutes is amended to read:

SB539,16,18 97.02 (14) (c) Bears or contains any nonnutritive substance; but this clause paragraph shall not apply to a safe nonnutritive substance which is in or on confectionary by reason of its use for some practical functional purpose in the manufacture, packaging, or storing of the confectionary if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this chapter. The department may, for the purpose of avoiding or resolving uncertainty as to the application of this clause paragraph, promulgate rules allowing or prohibiting the use of particular nonnutritive substances.

Note: Corrects cross-reference.

SB539, s. 57 Section 57. 100.174 (1) (g) 2. of the statutes is amended to read:

SB539,16,21 100.174 (1) (g) 2. Delivery to a 3rd party 3rd-party carrier for delivery to the buyer or the buyer's designee; or

Note: Corrects spelling.

SB539, s. 58 Section 58. 100.201 (2) (f) of the statutes is amended to read:

SB539,17,6 100.201 (2) (f) Maintain or make repairs of any equipment owned by a retailer except those used exclusively for selected dairy products. On such repairs the wholesaler shall make charges for the service and parts at the same prices as are charged by third 3rd persons rendering such service in the community where the retailer is located but in no event shall the charges be less than the cost thereof to the wholesaler plus a reasonable margin of profit.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 59 Section 59. 101.9204 (1) (g) of the statutes is amended to read:

SB539,17,12 101.9204 (1) (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.

Note: Deletes repeated word.

SB539, s. 60 Section 60. 102.29 (1) of the statutes is amended to read:

SB539,19,8 102.29 (1) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee's personal representative, or other person entitled to bring action, to make claim or maintain an action in tort against any other party for such injury or death, hereinafter referred to as a 3rd party; nor shall the making of a claim by any such person against a 3rd party for damages by reason of an injury to which ss. 102.03 to 102.64 are applicable, or the adjustment of any such claim, affect the right of the injured employee or the employee's dependents to recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death. If the department pays or is obligated to pay a claim under s. 102.81 (1), the department shall also have the right to maintain an action in tort against any other party for the employee's injury or death. However, each shall give to the other reasonable notice and opportunity to join in the making of such claim or the instituting of an action and to be represented by counsel. If a party entitled to notice cannot be found, the department shall become the agent of such party for the giving of a notice as required in this subsection and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate such party. Each shall have an equal voice in the prosecution of said claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department. If notice is given as provided in this subsection, the liability of the tort-feasor shall be determined as to all parties having a right to make claim, and irrespective of whether or not all parties join in prosecuting such claim, the proceeds of such claim shall be divided as follows: After deducting the reasonable cost of collection, one-third of the remainder shall in any event be paid to the injured employee or the employee's personal representative or other person entitled to bring action. Out of the balance remaining, the employer, insurance carrier or, if applicable, uninsured employers fund shall be reimbursed for all payments made by it, or which it may be obligated to make in the future, under this chapter, except that it shall not be reimbursed for any payments of increased compensation made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57 or 102.60. Any balance remaining shall be paid to the employee or the employee's personal representative or other person entitled to bring action. If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer or department, join in the pressing of said claim and are represented by counsel, the attorneys' attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court or by the department. A settlement of any 3rd party 3rd-party claim shall be void unless said settlement and the distribution of the proceeds thereof is approved by the court before whom the action is pending and if no action is pending, then by a court of record or by the department.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 61 Section 61. 102.29 (2) of the statutes is amended to read:

SB539,19,21 102.29 (2) In the case of liability of the employer or insurer to make payment into the state treasury under s. 102.49 or 102.59, if the injury or death was due to the actionable act, neglect or default of a third 3rd party, the employer or insurer shall have a right of action against such third the 3rd party to recover the sum so paid into the state treasury, which right may be enforced either by joining in the action mentioned in sub. (1), or by independent action. Contributory negligence of the employee because of whose injury or death such payment was made shall bar recovery if such negligence was greater than the negligence of the person against whom recovery is sought, and the recovery allowed the employer or insurer shall be diminished in proportion to the amount of negligence attributable to such injured or deceased employee. Any action brought under this subsection may, upon order of the court, be consolidated and tried together with any action brought under sub. (1).

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 62 Section 62. 102.29 (5) of the statutes is amended to read:

SB539,20,10 102.29 (5) An insurer subject to sub. (4) which fails to comply with the notice provision of that subsection and which fails to commence a 3rd party 3rd-party action, within the 3 years allowed by s. 893.54, may not plead that s. 893.54 is a bar in any action commenced by the injured employee under this section against any such 3rd party subsequent to 3 years from the date of injury, but prior to 6 years from such date of injury. Any recovery in such an action is limited to the insured liability of the 3rd party. In any such action commenced by the injured employee subsequent to the 3-year period, the insurer of the employer shall forfeit all right to participate in such action as a complainant and to recover any payments made under this chapter.

Note: Corrects spelling.

SB539, s. 63 Section 63. 102.81 (2) of the statutes is amended to read:

SB539,20,23 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 20.930 and subch. IV of ch. 16 do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

Note: Inserts the correct cross-reference. Section 20.930 relates to authorization for incurring attorney fees. Section 20.918 relates to damaged personal articles. 1989 Act 64 created s. 102.81, which included the current reference to s. 20.918. 1989 Act 119 renumbered s. 20.918 to s. 20.930 and created a new, unrelated s. 20.918 without taking Act 64 into account.

SB539, s. 64 Section 64. 103.56 (4) of the statutes is amended to read:

SB539,21,7 103.56 (4) A temporary restraining order issued under sub. (3) shall be effective for no longer than 5 days and, at the expiration of the 5-day period, shall become void and not subject to renewal or extension, except that if the hearing for a temporary injunction s begins before the expiration of the the 5-day period the restraining order may in the court's discretion be continued until a decision is reached on the issuance of the temporary injunction.

Note: Deletes repeated word. Also deletes unnecessary letter "s".

SB539, s. 65 Section 65. 108.09 (4) (c) of the statutes is amended to read:

SB539,22,3 108.09 (4) (c) Late appeal. If a party files an appeal which is not timely, an appeal tribunal shall review the appellant's written reasons for filing the late appeal. If those reasons, when taken as true and construed most favorably to the appellant, do not constitute a reason beyond the appellant's control, the appeal tribunal may dismiss the appeal without a hearing and issue a decision accordingly. Otherwise, the department may schedule a hearing concerning the question of whether the the appeal was filed late for a reason that was beyond the appellant's control. The department may also provisionally schedule a hearing concerning any matter in the determination being appealed. After hearing testimony on the late appeal question, the appeal tribunal shall issue a decision which makes ultimate findings of fact and conclusions of law concerning whether the the appellant's appeal was filed late for a reason that was beyond the appellant's control and which, in accordance with those findings and conclusions, either dismisses the appeal or determines that the appeal was filed late for a reason that was beyond the appellant's control. If the appeal is not dismissed, the same or another appeal tribunal established by the department for this purpose, after conducting a hearing, shall then issue a decision under sub. (3) (b) concerning any matter in the determination.

Note: Deletes repeated word.

SB539, s. 66 Section 66. 108.16 (8) (b) 2. of the statutes is amended to read:

SB539,22,8 108.16 (8) (b) 2. The transfer included at least 25% of the transferor's total business as measured by comparing the payroll experience assignable to the the portion of the business transferred with the transferor's total payroll experience for the last 4 completed quarters immediately preceding the date of the transfer.

Note: Deletes repeated word.

SB539, s. 67 Section 67. 111.01 (2) of the statutes is amended to read:

SB539,22,23 111.01 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers and farmer cooperatives, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of third 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 68 Section 68. 111.70 (4) (jm) 4. h. of the statutes is amended to read:

SB539,23,3 111.70 (4) (jm) 4. h. Establish a system for resolving all disputes under the agreement, including final and binding 3rd party 3rd-party arbitration.

Note: Corrects spelling.

SB539, s. 69 Section 69. 111.825 (1) (intro.) of the statutes is amended to read:

SB539,23,11 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employees in the classified service of the state, except employees in the collective bargaining units specified in s. 111.825 sub. (1m), are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

Note: Corrects form of cross-reference.

SB539, s. 70 Section 70. 112.01 (6) (title) of the statutes is amended to read:

SB539,23,13 112.01 (6) (title) Check drawn by fiduciary payable to third 3rd person.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 71 Section 71. 126.47 (4) (f) of the statutes is repealed.

Note: By its terms, s. 126.47 (4) (f) has no application after January 1, 2003.

SB539, s. 72 Section 72. 138.12 (11) (a) of the statutes is amended to read:

SB539,24,3 138.12 (11) (a) A premium finance agreement may provide for the payment by the insured of a delinquency or default charge of $1 to a maximum of 5% of any delinquent installment which is in default for a period of 5 days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15. A premium finance agreement may also provide for the payment of statutory attorneys' attorney fees and statutory court costs if the agreement is referred for collection to an attorney not a salaried employee of the insurance premium finance company.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 73 Section 73. 150.01 (2) of the statutes is amended to read:

SB539,24,9 150.01 (2) "Affected party" means the applicant, local planning agencies, governmental agencies, other persons providing similar services in the applicant's service area, the public to be served by the proposed project, 3rd party 3rd-party payers and any other person who the department determines to be affected by an application for approval of a project.

Note: Corrects spelling.

SB539, s. 74 Section 74. 153.01 (8) of the statutes is amended to read:

SB539,24,13 153.01 (8) "Payer" means a 3rd party 3rd-party payer, including an insurer, federal, state or local government or another who is responsible for payment of a hospital charge.

Note: Corrects spelling.

SB539, s. 75 Section 75. 165.93 (1) (c) of the statutes is repealed.

Note: Section 165.93 (1) (c) defines "sexual contact" for s. 165.93, but "sexual contact" is not used in s. 165.93.

SB539, s. 76 Section 76. 165.93 (1) (d) of the statutes is repealed.

Note: Section 165.93 (1) (d) defines "sexual intercourse" for s. 165.93, but "sexual intercourse" is not used in s. 165.93.

SB539, s. 77 Section 77. 166.03 (8) (e) of the statutes is amended to read:

SB539,25,2 166.03 (8) (e) Emergency management employees as defined in par. (d) shall be indemnified by their sponsor against any tort liability to third 3rd persons incurred in the performance of emergency management activities while acting in good faith and in a reasonable manner. Emergency management activities constitute a governmental function.