1995 Wisconsin Act 225

111.88 (3) The fact finder may establish dates and place of hearings and shall conduct the hearings under rules established by the commission. Upon request, the commission shall issue subpoenas for hearings conducted by the fact finder. The fact finder may administer oaths. Upon completion of the hearing, the fact finder shall make written findings of fact and recommendations for solution of the dispute and shall cause the same to be served on the parties and the commission. In making such findings and recommendations, the fact finder shall take into consideration among other pertinent factors the principles vital to the public interest in efficient and economical governmental administration. Cost of fact-finding proceedings shall be divided equally between the parties. At the time the fact finder submits a statement of his or her costs to the parties, he the fact finder shall submit a copy thereof to the commission at its Madison office.

Note: Renders provision gender neutral.

225,385 Section 385 . 112.10 (1) (d) of the statutes is renumbered 112.10 (1) (d) 1. (intro.) and amended to read:

112.10 (1) (d) 1. (intro.) “Historic dollar value" means the aggregate fair value in dollars of 1) an the following:

a. An endowment fund at the time it became an endowment fund, 2) each.

b. Each subsequent donation to the fund at the time it is made, and 3) each.

c. Each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund.

2. The determination of historic dollar value made in good faith by the institution is conclusive.

Note: Subdivides provision for greater readability and consistency with current style.

225,386 Section 386 . 112.10 (1) (f) of the statutes is renumbered 112.10 (1) (f) (intro.) and amended to read:

112.10 (1) (f) (intro.) “Institutional fund" means a fund held by an institution for its exclusive use, benefit, or purposes, but does not include any of the following:

1) a. A fund held for an institution by a trustee that is not an institution or.

2) a. A fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise upon violation or failure of the purposes of the fund.

Note: Subdivides provision for greater readability and consistency with current style.

225,387 Section 387 . 112.10 (5) of the statutes is renumbered 112.10 (5) (intro.) and amended to read:

112.10 (5) (intro.) Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may a) delegate do any of the following:

(a) Delegate to its committees, officers or employes of the institution or the fund, or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds, b) contract.

(b) Contract with independent investment advisers, investment counsel or managers, banks, or trust companies, so to act, and c) authorize in place of the board in investment and reinvestment of institutional funds.

(c) Authorize the payment of compensation for investment advisory or management services.

Note: Subdivides provision consistent with current style.

225,388 Section 388. 114.14 (2) of the statutes is renumbered 114.14 (2) (a) and amended to read:

114.14 (2) (a) The governing body of a city, village, town or county which has established an airport may vest jurisdiction for the construction, improvement, equipment, maintenance and operation thereof of the airport in an airport commission of 3 or 5 commissioners. The commissioners shall be persons especially interested in aeronautics. In the case of a county, the commissioners shall be appointed by the chairperson of the county board, subject to the approval of the county board; in the case of cities, villages and towns by the mayors or city managers, village presidents and town chairpersons, respectively.

(b) The terms of the commissioners shall be 6 years. On the first appointment of a 3-member commission, commissioners shall be appointed for terms of 2, 4 and 6 years, respectively. On the first appointment of a 5-member commission, commissioners shall be appointed for terms of 1, 2, 3, 4 and 6 years, respectively. If the number of members on a commission is expanded from 3 to 5, the commissioners on the 3-member commission shall serve on the 5-member commission until the expiration of the terms for which they were appointed and the 2 new commissioners shall be appointed for the remaining terms. The number of commissioners shall be reduced from 5 to 3 by not appointing members to fill the next 2 vacancies occurring on the commission. Their

(c) The commissioners' compensation and allowance for expenses shall be as fixed by the governing body. The commissioners shall be persons especially interested in aeronautics.

(d) The airport commission shall elect one member chairperson and one secretary who shall keep an accurate record of all its proceedings and transactions and report such those proceedings and transactions to the governing body.

(e) The commission shall have complete and exclusive control and management over the airport for which it has been appointed.

(f) All moneys appropriated for the construction, improvement, equipment, maintenance or operation of an airport, managed as provided by this subsection, or earned by the airport or made available for its construction, improvement, equipment, maintenance or operation in any manner whatsoever, shall be deposited with the treasurer of the city, village, town or county where it shall be kept in a special fund and paid out only on order of the airport commission, drawn and signed by the secretary and countersigned by the chairperson.

(g) In case of union airports owned by 2 or more governmental units, each governmental unit shall appoint an equal number of commissioners to serve for terms of 6 years. The remaining number of commissioners shall be appointed alternately from each governmental unit for terms of 6 years starting with the governmental unit whose name comes first in the alphabet. The moneys available for union airports shall be kept in the manner provided in this subsection in the treasury of one of the governmental units selected by the commission, and paid out in like manner.

Note: Subdivides provision and rearranges text for greater readability and conformity with current style.

225,389 Section 389 . 115.28 (11) of the statutes is amended by replacing “vocational, technical and adult education" with “technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,390 Section 390 . 118.125 (2m) (b) of the statutes is amended by replacing “s. 252.01 (1)" with “s. 252.01 (1m)".

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

225,391 Section 391 . 118.15 (1) (cm) 3. of the statutes is amended to read:

118.15 (1) (cm) 3. If the program that the child wishes to attend is provided by a vocational, technical and adult education college district, the vocational, technical and adult education technical college district board shall admit the child.

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,392 Section 392 . 118.15 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

118.15 (5) (b) Paragraph (a) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26 (1) 49.50 (7) (h).

Note: 1995 Wis. Act 27 amends s. 118.15 (5) (b) effective on the day after publication. The amendment was made because section 49.50 (7) (h) is renumbered 49.26 (1) (h) by Act 27. Act 27 provides for the renumber to 49.26 (1) (h) to be made effective 7-1-96. Prior to 7-1-96 there is no s. 49.26. Through an error s. 118.125 (5) (b), stats., and not s. 118.15 (5) (b), stats., was included in s. 9426 (14), to be effective 7-1-96. Section 118.125 (5) (b) is not treated by Act 27. The above amendment returns s.118.15 (5) (b) to its pre-Act 27 status. The following section of this bill recreates the amendment of s. 118.15 (5) (b) by Act 27, effective 7-1-96.

225,393 Section 393 . 118.15 (5) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

118.15 (5) (b) Paragraph (a) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.50 (7) 49.26 (1) (h).

Note: See the note to the previous section of this bill.

225,394 Section 394 . 119.04 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.30 to 118.43, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26) and, (34) to (36) and (35) and 120.14 are applicable to a 1st class city school district and board.

Note: Deletes reference to a provision that appeared in an early version of Act 27, but was not included in the act as passed. There is no s. 120.13 (36).

225,395 Section 395 . The amendment of 120.13 (1) (b) of the statutes by 1995 Wisconsin Act 32 is not repealed by 1995 Wisconsin Act 33. Both amendments stand.

Note: There is no conflict of substance.

225,396 Section 396 . 121.05 (3) of the statutes, as created by 1993 Wisconsin Act 395, is renumbered 121.05 (4).

Note: Confirms the renumbering by the revisor pursuant to s. 13.93 (1) (b). Section 121.05 contained a sub. (3) prior to the creation of sub. (3) by 1993 Wis. Act 395.

225,397 Section 397 . 125.04 (5) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 23, is amended by replacing “by a vocational, technical and adult education" with “by a technical college" and by replacing “board of vocational, technical and adult education" with “technical college system board".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,398 Section 398 . 125.06 (12) of the statutes is amended by replacing “s. 50.50 (1)" with “s. 254.61 (1)".

Note: Corrects cross-reference. Section 50.50 was renumbered s. 254.61 by 1993 Wis. Act 27.

225,399 Section 399 . 125.28 (2) (b) 2. of the statutes is amended by replacing “par. (a) 1. to 4." with “subd. 1. a. to d.".

Note: Corrects cross-reference. Section 125.28 (2) was repealed and recreated by 1993 Wis. Act 378 so that par. (a) 1. to 4. became par. (b) 1. a. to d.

225,400 Section 400 . 128.18 (5) of the statutes is amended by replacing “incumbrances" with “encumbrances".

Note: Inserts preferred spelling.

225,401 Section 401 . 128.18 (5m) of the statutes is amended by replacing “incumbrances" with “encumbrances".

Note: Inserts preferred spelling.

225,402 Section 402 . 128.19 (1) (b) of the statutes is amended by replacing “process against debtor" with “process against the debtor".

Note: Inserts missing “the".

225,403 Section 403 . 134.02 (2) of the statutes is renumbered 134.02 (2) (a) (intro.) and amended to read:

134.02 (2) (a) (intro.) Nothing in this section shall prohibit any employer of labor from giving any other such employer, to whom a discharged employe has applied for employment, or to any bondsman or surety, a truthful statement of the reasons for such the employe's discharge, when requested so to do so by such any of the following:

1. The discharged employe, the .

2. The person to whom he the discharged employe has applied for employment, or any.

3. Any bondsman or surety; but it.

(b) It shall be a violation of this section to give such information a statement of the reasons for the employe's discharge with the intent to blacklist, hinder or prevent such the discharged employe from obtaining employment; neither shall anything herein.

(c) Nothing contained in this section shall prohibit any employer of labor from keeping for his the employer's own information and protection a record showing the habits, character and competency of his the employer's employes and the cause of the discharge or voluntary quitting of any of them.

Note: Renders provision gender neutral and replaces language not in conformity with current style. “Bondsman" is intentionally retained due to the lack of an accepted gender neutral alternative.

225,404 Section 404 . 134.20 (1) (g) of the statutes is amended to read:

134.20 (1) (g) Negotiates or transfers for value a warehouse receipt or bill of lading covering goods which he or she knows are subject to a lien or security interest (, other than the warehouse keeper's or carrier's lien), or to which he or she does not have title or which he or she knows have not been received or shipped in accordance with the purported terms and meaning of such the warehouse receipt or bill of lading and fails to disclose such those facts to the purchaser thereof.

Note: Replaces parentheses and language for greater readability and conformity with current style.

225,405 Section 405 . 138.09 (7) (a) 2. b. of the statutes is amended to read:

138.09 (7) (a) 2. b. To the extent that payment is deferred: 1) The the amount actually paid or to be paid by the licensee for registration, certificate of title or license fees if not included in subd. 2. a.; and 2) additional charges permitted under this section.

Note: Deletes improper subdivision designations.

225,406 Section 406 . 139.10 (2) of the statutes is amended to read:

139.10 (2) When the tax has been paid on intoxicating liquor supplied to hospitals (for hospital or medicinal purposes), or on alcohol supplied to institutions of learning or museums for nonbeverage purposes, this the purchaser shall, upon application to the secretary, be entitled to a refund of the tax.

Note: Deletes parentheses and replaces language for greater consistency with current style.

225,407 Section 407 . 139.43 of the statutes is amended by replacing “state-wide" with “statewide".

Note: Corrects spelling.

225,408 Section 408 . 144.07 (2) of the statutes is renumbered 144.07 (2) (a) (intro.) and amended to read:

144.07 (2) (a) (intro.) When one governmental unit renders service to another under this section, reasonable compensation shall be paid. The officials in charge of the system, of the governmental unit furnishing the service shall determine the reasonable compensation and report to its clerk who shall, on or before August 1 of each year, certify a statement thereof to the clerk of the governmental unit receiving the service. This The clerk of the governmental unit receiving the service shall extend the amount shown in such the statement as a charge on the tax roll, in the manner following manner: a) where

1. If the service rendered is available to substantially all improved real estate in the member governmental unit receiving the same service, the charges shall be placed upon the tax roll of such the member governmental unit as a general tax; b) where.

2. If the service rendered is for the benefit of public highways in, or real estate owned or operated by, the member governmental unit receiving the same service, the charges therefor for the service shall be placed upon the tax roll of such the member governmental unit as a general tax; c) where.

3. If the service rendered does not come under the provisions of subd. 1. or 2., the charges therefor for the service shall be placed upon the tax roll of such the member governmental unit as a special tax upon each parcel of real estate benefited; and when collected it shall be paid to the treasurer of the member governmental unit rendering the service. Where the charges are to be extended on such the tax roll under the provisions of c) this subdivision, the clerk of the member governmental unit furnishing such the service shall itemize the statement showing separately the amount charged to each parcel of real estate benefited; if.

(b) If, due to delay in determination, such a charge described in par. (a) cannot be extended on the tax roll of any particular year, it shall be extended as soon as possible.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,409 Section 409 . 144.25 (7) (b) of the statutes is amended by replacing “subd. 2." with “par. (a) 2.".

Note: Corrects cross-reference. Subd. 2 is a part of par. (a).