2001 Wisconsin Act 103

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.).

103,221 Section 221. 111.57 (3) (e) 1. of the statutes is renumbered 111.57 (3) (a) 4. and amended to read:

111.57 (3) (a) 4. The overall compensation presently received by the employees, having regard not only to wages for time actually worked but also to wages for time not worked, including, without limiting the generality of the foregoing, vacation, holidays, and other excused time, and all benefits received, including insurance and pensions, medical and hospitalization benefits, and the continuity and stability of employment enjoyed by the employees.

Note: Renumbers provision consistent with the treatment of the remainder of s. 111.57 (3) by this bill.

103,222 Section 222. 111.57 (3) (e) 2. of the statutes is renumbered 111.57 (3) (e) and amended to read:

111.57 (3) (e) The enumeration of factors under subd. 1. pars. (a) and (d) shall not be construed as precluding the arbitrator from taking into consideration other factors not confined to the local labor market area that are normally or traditionally taken into consideration in the determination of wages, hours, and working conditions through voluntary collective bargaining or arbitration between the parties.

Note: Corrects cross-reference inserted by 1999 Wis. Act 83, a nonsubstantive revisor's revision bill. Drafting records indicate that the enumerated factors referred to are all of those listed in the subsection rather than just those in the paragraph.

103,223 Section 223. 115.31 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 57, is amended to read:

115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota mental health institute Mental Health Institute, the Winnebago mental health institute Mental Health Institute, a state center for the developmentally disabled, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

Note: Conforms capitalization to current style.

103,224 Section 224. 120.13 (37) of the statutes, as affected by 2001 Wisconsin Act 38, is amended to read:

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) 45.001 (5), 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 subsection.

Note: Corrects cross-reference. Section 45.35 (5) (e) is renumbered to s. 45.001 (5) by this bill.

103,225 Section 225. 120.21 (1) (a) of the statutes is amended to read:

120.21 (1) (a) With the university extension division of the university University of Wisconsin Wisconsin-Extension for extension courses for pupils enrolled in high school.

Note: Conforms capitalization to current style and modifies extension title consistent with the remainder of the statutes.

103,226 Section 226. 134.33 (6) (a) of the statutes is renumbered 134.33 (6).

Note: Eliminates unnecessary paragraph designation. This provision is not subdivided.

103,227 Section 227. 148.01 of the statutes is amended to read:

148.01 Definition. In this chapter, "medical society" means the state medical society State Medical Society of Wisconsin and any county medical society organized or continued under this chapter.

Note: Conforms capitalization to current style.

103,228 Section 228. 148.015 (1) of the statutes is amended to read:

148.015 (1) The state medical society State Medical Society of Wisconsin is continued with the general powers of a corporation. It may from time to time adopt, alter, and enforce constitution, bylaws, and regulations for admission and expulsion of members, election of officers, and management.

Note: Conforms capitalization to current style.

103,229 Section 229. 157.02 (3) of the statutes is amended to read:

157.02 (3) Notice to university or school. If the corpse is in the Mendota mental health institute Mental Health Institute district, the University of Wisconsin shall be notified that it may have the corpse. If the corpse is in the Winnebago mental health institute Mental Health Institute district, medical college the Medical College of Wisconsin, inc. Inc., or any accredited school of mortuary science at Milwaukee shall be notified that it may have the corpse. The university or school so notified shall immediately inform the superintendent or public officer whether it desires to have the corpse. If it does, the corpse shall be delivered accordingly, properly encased, to the most available facility for transportation to the consignee, the consignee to pay the cost of transportation.

Note: Conforms capitalization to current style and inserts missing article.

103,230 Section 230. 157.02 (4) of the statutes is amended to read:

157.02 (4) Standing applications. If there are advance applications for such bodies, by medical college the Medical College of Wisconsin, inc. Inc., or any accredited school of mortuary science, such the superintendent or public officer shall make an equitable distribution between them.

Note: Conforms capitalization to current style.

103,231 Section 231. 157.06 (1) (c) 2. of the statutes is renumbered 157.06 (1) (c).

Note: Eliminates unnecessary subdivision designation. This provision is not subdivided.

103,232 Section 232. 157.065 (1) (intro.), (a) and (b) (intro.) and 1. to 5. of the statutes are amended to read:

157.065 (1) (intro.) No cemetery may be used for burials except any of the following:

(a) Any A cemetery in use on April 4, 1864; or.

(b) (intro.) Any A cemetery organized and operated by any of the following:

1. Any A municipality; .

2. Any A religious association;.

3. Any A fraternal or benevolent society;.

4. Any An incorporated college of a religious order;.

5. Any A cemetery association created under s. 157.062; or.

Note: Makes terminology and punctuation internally consistent.

103,233 Section 233. 186.22 (16) (a) of the statutes is renumbered 186.22 (16).

Note: Eliminates unnecessary paragraph designation. This provision is not subdivided.

103,234 Section 234. 187.14 (6) of the statutes is amended to read:

187.14 (6) The consolidated society, when When the incorporation thereof of a consolidated society is completed as provided in this section, shall be the consolidated society is vested with all the temporalities and property, real or personal, of the constituent societies, and any. Any gifts, grants, devises, or bequests thereafter accruing to either of the former societies after the completion of the incorporation of the consolidated society, or to the consolidated society, by whatever name designated, shall be are valid and the same shall pass to and vest in the consolidated society,—it being the declared intent of this section that no. No gift, grant, devise, or bequest shall fail by reason of the fact that the same may have been given to either one of the former societies shall fail, but that instead the consolidated society shall take any such the gift, grant, devise, or bequest as would otherwise have passed to either of the former societies would have.

Note: Deletes unnecessary and obsolete verbage and punctuation and otherwise modifies the provision to improve readability and conformity with current style.

103,235 Section 235. 191.001 (intro.) and (1) of the statutes are consolidated, renumbered 191.001 and amended to read:

191.001 Definitions Definition. In this chapter: (1) "Office", "office" means the office of the commissioner of railroads.

Note: Eliminates unnecessary subsection. This provision has only one subsection.

103,236 Section 236. 200.09 (10) of the statutes is amended to read:

200.09 (10) Sections 200.01 to 200.15 do not affect the continued validity of contracts and obligations previously entered into by a metropolitan sewerage district operating under ss. 66.20 to 66.209, 1969 stats., prior to before April 30, 1972, nor the validity of any such the district.

Note: Inserts missing article and adopts current usage.

103,237 Section 237. 229.66 (3) of the statutes is amended to read:

229.66 (3) Upon appointment under sub. (2), the appointing authorities shall certify the appointees to the secretary of administration. The term of office of 50% of the persons appointed under sub. (2) (a) is 2 years, and the term of office of the other 50% of the persons appointed under sub. (2) (a) is 4 years, except that if an odd number of persons is appointed under sub. (2) (a), there shall be one more office with a term of 4 years than there are offices with terms of 2 years, and except that for the initial appointments for a newly created district the initial terms shall expire on July 1 of the 2nd year beginning after creation of a district for persons appointed to 2-year terms, and the initial terms shall expire on July 1 of the 4th year beginning after creation of a district for persons appointed to 4-year terms. Persons appointed under sub. (2) (a) may be removed from the district board before the expiration of their terms by the appointing authority but only for cause, as defined in s. 17.16 (2) 17.001. Vacancies for persons appointed under sub. (2) (a) shall be filled by the appointing authority who appointed the person whose office is vacant. A person appointed to fill a vacancy under sub. (2) (a) shall serve for the remainder of the term to which he or she is appointed. All of the appointing authorities shall ensure, to the greatest extent possible, that the membership of the board is diverse with respect to race. Of the persons appointed under sub. (2), not more than 4 may reside in any one county.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill.

103,238 Section 238. 229.842 (3) (c) of the statutes is amended to read:

229.842 (3) (c) Persons appointed under sub. (2) (b) to (d) must have resided within 25 miles of the sponsoring city's city hall for at least one year before their appointment. Persons appointed under sub. (2) (b) to (d) may be removed from the district board before the expiration of their terms by the appointing authority but only for cause, as defined in s. 17.16 (2) 17.001. Vacancies shall be filled by the appointing authority who appointed the person whose office is vacant. A person appointed to fill a vacancy under sub. (2) (b) to (d) shall serve for the remainder of the unexpired term to which he or she is appointed. The appointing authorities shall confer with one another regarding their appointments with a view toward achieving diversity on the district board.

Note: Section 17.16 (2) is renumbered s. 17.001 by this bill.

103,239 Section 239. 230.03 (14) (c) of the statutes is amended to read:

230.03 (14) (c) A person who served on active duty under honorable conditions in the U.S. armed forces for at least one day during a war period, as defined in s. 45.35 (5) (e) 45.001 (5) or under section 1 of executive order 10957 dated August 10, 1961.