1997 Wisconsin Act 35

103.49 (3g) Nonapplicability. This section does not apply to (a) (intro.) any single-trade project for which the estimated cost of completion is less than $30,000 or an amount determined under s. 66.293 (5) or to any multiple-trade project for which the estimated cost of completion is less than $150,000 or an amount determined by the department under s. 66.293 (5).

Note: The stricken language was inserted by 1995 Wis. Act 225, but rendered surplusage by the treatment of this provision by 1995 Wis. Act 215.

35,300 Section 300 . 103.49 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 215, section 55, is amended to read:

103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and it shall be the duty of every contractor, subcontractor and agent thereof to keep and furnish to the department, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter and chs. 104 to 106. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 101 this chapter and chs. 104 to 106 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

Note: Amends cross-reference for correct parallel construction with prior sentence. Chapter 101 authority is transferred to the department of commerce effective 7-1-96. 1995 Wis. Act 215 changed the first cross-reference to reflect the statutory authority for the department of industry, labor and job development, but failed to change the 2nd.

35,301 Section 301 . 103.49 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 215, is amended to read:

103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3) at any time in the preceding 3 years. The department shall include with any such name the address of such person and shall specify when such person failed to pay the prevailing wage rate and when such person failed to pay paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

Note: Eliminates double negative for internal parallel construction and conformity with other sections created by 1995 Wis. Act 215.

35,50 Section 50. 103.50 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 215, is amended to read:

103.50 (1) (a) “Area" means the county in which a proposed project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state.

Note: Inserts word inadvertently omitted from 1995 Wis. Act 215.

35,302 Section 302 . 103.50 (2) of the statutes, as affected by 1995 Wisconsin Acts 215 and 225, is repealed and recreated to read:

103.50 (2) Prevailing wage rates and hours of labor. No person described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may be permitted to work a longer number of hours per day or per calendar week than the prevailing hours of labor determined under sub. (3); nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per calendar week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

Note: Reconciles conflicts in the treatment of this provision by 1995 Wis. Acts 215 and 225 by eliminating the treatment by the revisor's correction bill (Act 225), which was nonsubstantive, and reenacting the provision as affected by Act 215.

35,303 Section 303 . 103.62 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

103.62 (1) (c) Between one or more employes or associations of employes and one or more employes or associations of employes; or.

Note: Deletes word unintentionally retained by 1995 Wis. Act 225.

35,304 Section 304 . The amendment of 106.21 (1) (g) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

35,305 Section 305 . The amendment of 106.215 (1) (fm) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

35,305m Section 305m. 108.04 (17) (a) 1. of the statutes is amended to read:

108.04 (17) (a) 1. During the period between 2 successive academic years or terms, if the school year employe performed such services for an educational institution in the first such year or term and if there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such year or term; or.

Note: Corrects error in transcribing 1993 Wis. Act 373.

35,306 Section 306 . 108.09 (4) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 118, is amended to read:

108.09 (4) (d) 2. If the appellant delivers or transmits a written explanation for nonappearance to the department which is received before a decision under subd. 1., is mailed, the department may so notify each party and schedule a hearing concerning whether there was good cause for the appellant's nonappearance. The department may also provisionally schedule a hearing concerning any matter in the determination. If, after hearing testimony, the appeal tribunal finds that the appellant's explanation does not establish good cause for nonappearance, the appeal tribunal shall issue a decision containing this finding and dismissing the appeal. If, after hearing testimony, the appeal tribunal finds that the appellant's explanation establishes good cause for nonappearance, the appeal tribunal shall issue a decision containing this finding. The same or another appeal tribunal established by the department for this purpose shall then issue a decision under sub. (3) (b) after conducting a hearing concerning any matter in the determination.

Note: Deletes unnecessary comma.

35,307 Section 307 . The amendment of 108.141 (1) (d) of the statutes by 1995 Wisconsin Act 118 is not repealed by 1995 Wisconsin Act 225. Both amendments stand.

Note: There is no conflict of substance.

35,308 Section 308 . The amendment of 111.37 (5) (c) of the statutes by 1995 Wisconsin Act 314 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

35,309 Section 309 . 111.81 (7) (d) of the statutes, as created by 1995 Wisconsin Act 324, is renumbered 111.81 (7) (e).

Note: 1995 Wis. Act 27 also created a s. 111.81 (7) (d).

35,310 Section 310 . 111.91 (2) (k) of the statutes, as created by 1995 Wisconsin Act 302, is renumbered 111.91 (2) (km).

Note: 1995 Wis. Act 289 also created a s. 111.91 (2) (k).

35,311 Section 311 . The treatment of 114.14 (2) of the statutes by 1995 Wisconsin Act 225 is not repealed by 1995 Wisconsin Act 405. Both treatments stand.

Note: There is no conflict of substance.

35,312 Section 312 . 114.20 (2) (a) of the statutes is amended to read:

114.20 (2) (a) Aircraft included within, as defined in s. 76.02 (5a) (1);

Note: Amends provision for greater conformity with current style. This bill renumbers s. 76.02 (5a) to s. 76.02 (1).

35,313 Section 313 . 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act 113, is amended to read:

114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An A late payment charge to be established by rule shall be assessed on all applications filed later than 30 days after the date of restoration.

Note: Deletes word inadvertently retained by 1995 Wis. Act 113.

35,314 Section 314 . 114.20 (9m) (intro.) of the statutes, as created by 1995 Wisconsin Act 113, is amended to read:

114.20 (9m) Biennial registration fees. (intro.) Except as provided in sub. (10), the owner of an aircraft subject to the biennial registration requirements under sub. (1) shall pay a biennial registration fee established in accordance with the following gross weight schedule:

[Maximum gross   [Annual Biennial

Weight weight in pounds]   fee]

Note: Conforms form to text.

35,315 Section 315 . 115.29 (3) of the statutes, as affected by 1995 Wisconsin Act 111, is amended to read:

115.29 (3) Auxiliary instructional employes. By order, establish classes of auxiliary instructional employes and authorize their employment in the instructional program of the elementary and high schools for specific purposes and their reimbursement from the instructional budget. Auxiliary instructional employes shall not be covered as teachers as defined in s. 40.02 (55) or under s. 118.21, 118.215, 118.22 or 121.006 (2) but shall be eligible under the public employe trust fund as participating employes as defined in s. 40.02 (46), if it is made applicable, other than through s. 40.21 (3), to the school district employing them.

Note: Section 118.215 was repealed by 1995 Wis. Act 66.

35,316 Section 316 . 115.85 (2m) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the department shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (4), 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

Note: Section 48.48 (4) was repealed by 1995 Wis. Act 27, effective 7-1-96.

35,317 Section 317 . The treatment of 118.01 (2) (d) 2. c. of the statutes by 1995 Wisconsin Act 229 is not repealed by 1995 Wisconsin Act 448. Both treatments stand.

Note: There is no conflict of substance.

35,318 Section 318 . 118.12 (2) (b) of the statutes is amended to read:

118.12 (2) (b) No cooperative educational service agency employe may receive for his or her personal benefit anything of value from any person other than his or her employing agency to sell, promote the sale of or act as an agent or solicitor for the sale of any goods or services to any public school pupil while on the property or at an activity of of his or her employing agency or while on the property or at an activity of a school district in the agency.

Note: Corrects error in transcribing 1985 Wis. Act 214.

35,318m Section 318m. 118.163 (2) (e) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

118.163 (2) (e) An order for the department of workforce development to revoke, under s. 103.72, a permit under s. 103.70 authorizing the employment of the person.

Note: 1997 Wis. Act 3 added “development" without showing it as underscored. The change was intended.

35,319 Section 319 . 119.55 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 7299m, is amended to read:

119.55 (1) (a) The board shall establish one or more youth service centers for the counseling of children who are taken into custody under s. 48.19 (1) (d) 9. or 938.19 (1) (d) 10. for being absent from school without an acceptable excuse under s. 118.15. The board shall contract with the boys and girls clubs of Greater Milwaukee for the operation of the centers.

Note: 1995 Wis. Act 77 repealed s. 48.19 (1) (d) 9. and 10. and created s. 938.19 (1) (d) 10. which is substantively identical to s. 48.19 (1) (d) 10.

35,320 Section 320 . 125.07 (4) (cg) 1. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

125.07 (4) (cg) 1. A supervised work program ordered under par. (bs) or (c) shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under par. (bs) or (c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child person to perform community service work under par. (bs) or (c).

Note: Inserts correct word. This provision applies to underage drinkers which include certain adults as well as children.

35,321 Section 321. 125.085 (3) (bh) 1. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

125.085 (3) (bh) 1. A supervised work program ordered under par. (bd) shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under par. (bd), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the child person to perform community service work under par. (bd).

Note: Inserts correct word. This provision applies to underage drinkers which include certain adults as well as children.

35,322 Section 322 . The amendment of 125.12 (2) (ag) 5. of the statutes by 1995 Wisconsin Act 417 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

35,323 Section 323 . 134.24 (3) (a) of the statutes, as created by 1995 Wisconsin Act 284, is amended to read:

134.24 (3) (a) No performing rights society may offer to enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless the performing rights society, at the time of the offer or between the time of the offer and 72 hours before the execution of the contract, provides to the proprietor a written notice of all of the obligations of the performing rights society as specified under sub. (2). The written notice shall also contain a statement as to whether the performing rights society is in compliance with any applicable federal law or court order that relates to the rates and terms of royalties to be paid by the proprietor or that relates to the circumstances or methods under which contracts subject to this section are offered to the proprietor.

Note: Deletes phrase “offer to" inadvertently repeated by 1995 Wis. Act 284.

35,324 Section 324 . 134.85 (4) (a) of the statutes is amended to read:

134.85 (4) (a) No motor fuel grantor may require a motor vehicle fuel dealer, who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her business open for more than 16 hours per day.

Note: Corrects error in transcribing 1989 Wis. Act 31.

35,325 Section 325 . The amendment of 138.05 (6) of the statutes by 1995 Wisconsin Act 328 is not repealed by 1995 Wisconsin Act 329. Both amendments stand.

Note: There is no conflict of substance.

35,326 Section 326 . The amendment of 139.39 (6) of the statutes by 1995 Wisconsin Act 233 is not repealed by 1995 Wisconsin Act 408. Both amendments stand.

Note: There is no conflict of substance.

35,327 Section 327 . 144.441 (2) (b) 2m. of the statutes, as created by 1995 Wisconsin Act 377, is renumbered 289.41 (1m) (b) 2m. and amended to read:

289.41 (1m) (b) 2m. The owner of an approved mining facility that commences operation after June 14, 1996, shall maintain proof of financial responsibility as provided in s. 144.443 this section during the operation of the approved mining facility and after the closing of the approved mining facility. The owner's obligation to maintain proof of financial responsibility terminates only as provided in par. (g).

Note: 1995 Wis. Act 227 renumbered s. 144.441 (2) to s. 289.41 (1m) and s. 144.443 to s. 289.41.

35,328 Section 328 . 144.441 (2) (g) of the statutes, as created by 1995 Wisconsin Act 377, is renumbered 289.41 (1m) (g).

Note: 1995 Wis. Act 227 renumbered s. 144.441 (2) to s. 289.41 (1m).

35,329 Section 329 . 144.78 of the statutes, as created by 1995 Wisconsin Act 290, is renumbered 299.62, and 299.62 (1) (am), as renumbered, is amended to read: