Amendment SA1-AB378

LRBa1073/1

BEM:kmg:jf

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 1, TO 1997 ASSEMBLY BILL 378

November 18, 1997 - Offered by Committee on Economic Development, Housing and Government Operations.

AB378-SA1,1,1 At the locations indicated, amend the bill as follows:

AB378-SA1,1,2 1. Page 4, line 10: before that line insert:

AB378-SA1,1,3 " Section 8m. 13.48 (13) (a) of the statutes is amended to read:

AB378-SA1,2,2 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department or, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

Note: Corrects error in transcribing 1995 Wis. Act 216.

AB378-SA1, s. 8p Section 8p. 13.48 (18) of the statutes, as affected by 1997 Wisconsin Act 5, section 2, is amended to read:

AB378-SA1,2,10 13.48 (18) Acquisition of open spaces. The building commission may acquire property adjacent to or within 2 blocks of any state facility for the purpose of establishing and developing open green spaces or possible future construction if such acquisition is to be solely used to meet the space needs of the state law library, the legislative reference bureau library and legislative and judicial branch agencies and support staffs

Note: 1997 Wis. Act 5, section 1, added the language stricken above. 1997 Wis. Act 5, section 2, amended s. 13.48 (18) as affected by Act 5, section 1, by deleting the material added by Act 5, section 1, but did not include all of the text added by Act 5, section 1. This provision carries out the intent of Act 5, section 2, to return s. 13.48 (13) to its pre-Act 5 status.".

AB378-SA1,2,11 2. Page 16, line 6: before that line insert:

AB378-SA1,2,12 " Section 48m. 25.43 (2) (c) of the statutes is amended to read:

AB378-SA1,2,17 25.43 (2) (c) The department of administration may establish and change accounts in the clean water fund other than those under pars. (a) and (b). The department of administration shall consult the department of natural resources before establishing or changing an account that is needed to administer the program under s. 281.58 and or 281.59.

Note: Corrects error in transcribing 1995 Wis. Act 227.".

AB378-SA1,2,18 3. Page 89, line 9: before that line insert:

AB378-SA1,2,19 " Section 237m. 66.293 (3) (bm) of the statutes is amended to read:

AB378-SA1,3,10 66.293 (3) (bm) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

Note: Corrects error in transcribing 1995 Wis. Act 215.".

AB378-SA1,3,11 4. Page 90, line 1: before that line insert:

AB378-SA1,3,12 " Section 238m. 66.40 (5) (a) of the statutes is amended to read:

AB378-SA1,3,22 66.40 (5) (a) When the council of a city adopts a resolution under sub. (4), it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall, with the confirmation of the council, appoint 5 persons as commissioners of the authority, except that the mayor of a 1st class city that has created a housing authority before May 5, 1994, shall appoint 7 commissioners, at least 2 of whom shall be residents of a housing project acquired or constructed by the authority. No commissioner may be connected in any official capacity with any political party nor shall more than 2 be officers of the city in which the authority is created. The powers of each authority shall be vested in the commissioners thereof in office from time to time.

Note: Corrects error in transcribing 1993 Wis. Act 379.".

AB378-SA1,3,23 5. Page 110, line 6: before that line insert:

AB378-SA1,4,1 " Section 294m. 101.761 (3) of the statutes is amended to read:

AB378-SA1,4,9 101.761 (3) The department or a county may not enforce this subchapter or an ordinance adopted under s. 101.76 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular manufactured building or by the municipality. A request by a person or a municipality with respect to a particular manufactured building does not give the department or a county authority with respect to any other manufactured building. Costs shall be collected under s. 101.76 (1) (c) or ss. 101.73 (12) and 101.76 (2) from the person or municipality making the request.

Note: Corrects error in transcribing chapter 314, laws of 1981.

AB378-SA1, s. 294p Section 294p. 102.07 (5) (c) of the statutes is amended to read:

AB378-SA1,4,17 102.07 (5) (c) A shareholder-employe of a family farm corporation shall be deemed a "farmer" for purposes of this chapter and shall not be deemed an employe of a farmer. A "family farm corporation" means a corporation engaged in farming all of whose shareholders are related as lineal ancestors or lineal descendants, or as spouses, brothers, sisters, uncles, aunts, cousins, sons-in-law, daughters-in-law, fathers-in-law, a mothers-in-law, brothers-in-law or sisters-in-law of such lineal ancestors or lineal descendants.

Note: Corrects error in transcribing chapter 224, laws of 1975.".

AB378-SA1,4,18 6. Page 115, line 7: before that line insert:

AB378-SA1,4,19 " Section 305m. 108.04 (17) (a) 1. of the statutes is amended to read:

AB378-SA1,5,2 108.04 (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.".

AB378-SA1,5,3 7. Page 119, line 1: before that line insert:

AB378-SA1,5,5 " Section 318m. 118.163 (2) (e) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB378-SA1,5,7 118.163 (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.".

AB378-SA1,5,8 8. Page 130, line 15: before that line insert:

AB378-SA1,5,9 " Section 357m. 196.491 (2) (g) of the statutes is amended to read:

AB378-SA1,6,9 196.491 (2) (g) Within 180 days after the plan is filed, the commission shall hold a hearing thereon. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities proposed in the plan to be constructed in the following 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the plan and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the plan. The presentation of such views need not be under oath nor subject to cross-examination. The commission shall advise all persons present of their right to express their views orally or in writing, under oath or otherwise, and of the legal effect of each such form of testimony. A written record of unsworn testimony shall be made and considered by the commission as comments on the plan under par. (e). Persons presenting such views shall not be parties. The utility, any state agency, county, municipality, town, or any person whose substantial rights may be adversely affected by the testing for or construction of facilities described in an advance plan, shall, upon filing written notice setting forth its interest at least 10 days in advance, be afforded all the rights of a party in a contested case.

Note: Corrects error in transcribing 1995 Wis. Act 27.

AB378-SA1, s. 357p Section 357p. 196.857 (2g) (title) of the statutes is amended to read:

AB378-SA1,6,11 196.857 (2g) (title) Farm service services fees.

Note: Corrects error in transcribing 1995 Wis. Act 27.".

AB378-SA1,6,12 9. Page 133, line 1: before that line insert:

AB378-SA1,6,13 " Section 362m. 215.04 (1) (a) to (e) of the statutes are amended to read:

AB378-SA1,6,15 215.04 (1) (a) Advise the division in respect to improvement in the condition and service of associations;.

AB378-SA1,6,16 (b) Review the acts, orders and determinations of the division under sub. (4);.

AB378-SA1,6,18 (c) Act promptly on matters and questions, pertaining to associations, that may be submitted to it by the division;.

AB378-SA1,6,20 (d) Serve as an appeal board for associations under s. ss. 215.40 (18) and 215.60 (15);.

AB378-SA1,6,22 (e) Perform such other review functions in relation to associations as may be provided by law;.

Note: Replaces punctuation consistent with current style; and replaces "s." with "ss.".

AB378-SA1, s. 362p Section 362p. 215.04 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB378-SA1,7,6 215.04 (1) (f) Conduct hearings and take testimony, and to subpoena and swear witnesses at such hearings. The review board shall have the same subpoena powers as are possessed by the department of workforce development and also the powers granted by s. 885.01 (4);.

Note: Replaces punctuation consistent with current style.".

AB378-SA1,7,7 10. Page 133, line 20: before that line insert:

AB378-SA1,7,8 " Section 363m. 215.32 (6) (d) of the statutes is amended to read:

AB378-SA1,7,22 215.32 (6) (d) Conservation of assets; collection of claims; sale of assets and performance of any other acts upon order of the court. A special deputy commissioner appointed under this section may take any action necessary to conserve the assets and business of an association subject to this section and shall proceed to liquidate its affairs. The special deputy commissioner shall collect all claims belonging to the association, and, with the prior approval of the commissioner and the circuit court, may sell or compound all bad or doubtful claims, do any act or execute any necessary instruments, or sell the property of the association. A special deputy appointed under this section may take any action necessary to conserve the assets and business of an association subject to this section and shall proceed to liquidate its affairs. The special deputy shall collect all claims belonging to the association, and, with the prior approval of the division and the circuit court, may sell or compound all bad or doubtful claims, do any act or execute any necessary instruments, or sell the property of the association.

Note: Corrects error in transcribing 1995 Wis. Act 27.".

AB378-SA1,7,23 11. Page 140, line 8: before that line insert:

AB378-SA1,8,1 " Section 379m. 233.40 (1) (intro.) of the statutes is amended to read:

AB378-SA1,8,3 233.40 (1) Rates. (intro.) The University of Wisconsin Hospital Hospitals and Clinics shall treat patients so admitted at rates computed in the following manner:

Note: Corrects error in transcribing 1995 Wis. Act 27.".

AB378-SA1,8,4 12. Page 143, line 1: before that line insert:

AB378-SA1,8,5 " Section 388m. 283.13 (3) (d) of the statutes is amended to read:

AB378-SA1,8,9 283.13 (3) (d) No modification for toxic pollutants. Notwithstanding pars. (a) and (b), the department may not modify any requirement of this subsection or sub. (2) applicable to any toxic pollutant which is on the list promulgated under s. 283.33 283.21 (1).

Note: Corrects error in transcribing 1995 Wis. Act 227.".

AB378-SA1,8,10 13. Page 143, line 3: before that line insert:

AB378-SA1,8,11 " Section 389m. 285.21 (1) (a) of the statutes is reenacted to read:

AB378-SA1,8,15 285.21 (1) (a) Similar to federal standard. If an ambient air quality standard is promulgated under section 109 of the federal clean air act, the department shall promulgate by rule a similar standard but this standard may not be more restrictive than the federal standard except as provided under sub. (4).

Note: Corrects error in transcribing 1995 Wis. Act 227. The wrong paragraph was inadvertently inserted into the statutes.".

AB378-SA1,8,16 14. Page 143, line 18: before that line insert:

AB378-SA1,8,17 " Section 393m. 289.10 (title) of the statutes is amended to read:

AB378-SA1,8,18 289.10 (title) County solid waste management plans.

Note: Corrects error in transcribing 1995 Wis. Act 227.".

AB378-SA1,8,19 15. Page 145, line 7: before that line insert:

AB378-SA1,8,20 " Section 397m. 291.23 (title) of the statutes is amended to read:

AB378-SA1,8,21 291.23 (title) Transportation Licenses; transportation.