Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,491,11 (d) List. The department shall maintain a list of crane operator certification programs authorized by the department.

SB55-SSA1-CA1,491,21 (4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of crane operators under this section, if required to do so under 29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of this section. If no approval is required under 29 USC 667 (b) or if an approval that is consistent with all of the provisions of this section is granted and in effect, the department shall implement the program under this section. If approval is required under 29 USC 667 (b), the department may not implement the program under this section unless an approval that is consistent with all of the provisions of this section is granted and in effect.

SB55-SSA1-CA1,491,24 (5) Exceptions. (a) Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of crane operators is required under 29 USC 667 (b) but is not granted and in effect.

SB55-SSA1-CA1,491,25 (b) Other exceptions. Subsection (2) (a) does not apply to any of the following:

SB55-SSA1-CA1,492,4 1. An individual who is receiving training as a crane operator, if the individual is under the direct supervision of a crane operator who holds a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).

SB55-SSA1-CA1,492,8 2. An individual who is a member of a uniformed service, as defined in s. 6.22 (1) (c), or who is a member of the U.S. merchant marine, if the individual is performing work for the uniformed service of which the individual is a member or for the U.S. merchant marine, respectively.

SB55-SSA1-CA1,492,10 3. An individual who is operating a crane for personal use on a premises that is owned or leased by the individual.

SB55-SSA1-CA1,492,12 4. An individual who is operating a crane in an attempt to remedy an emergency.

SB55-SSA1-CA1,492,19 5. An individual who is an employee or subcontractor of a public utility, as defined in s. 196.01 (5), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only, a telecommunications carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as defined in s. 196.01 (2g), or an alternative telecommunications utility under s. 196.01 (1d) (f), and who is operating a crane within the scope of his or her employment or contract.

SB55-SSA1-CA1,492,21 6. An individual who is operating a crane in the construction, operation, or maintenance of an electric substation.

SB55-SSA1-CA1,492,23 7. An individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with sub. (2) (a).

SB55-SSA1-CA1,492,25 (6) Penalties. Any person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 3 months or both.".

SB55-SSA1-CA1,493,1 1159. Page 901, line 22: after that line insert:

SB55-SSA1-CA1,493,2 " Section 2539c. 101.9203 (1) of the statutes is amended to read:

SB55-SSA1-CA1,493,6 101.9203 (1) The Except as provided in subs. (3) and (4), the owner of a manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home.

SB55-SSA1-CA1, s. 2539d Section 2539d. 101.9203 (4) of the statutes is created to read:

SB55-SSA1-CA1,493,12 101.9203 (4) The owner of a manufactured home that is situated in this state or intended to be situated in this state is not required to make application for a certificate of title under s. 101.9209 if the owner of the manufactured home intends, upon acquiring the manufactured home, to permanently affix the manufactured home to land that the owner of the manufactured home owns.".

SB55-SSA1-CA1,493,13 1160. Page 902, line 5: after that line insert:

SB55-SSA1-CA1,493,14 " Section 2539n. 101.9209 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,493,21 101.9209 (1) (a) If an owner transfers an interest in a manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee. This paragraph does not apply if the owner has no certificate of title as a result of the exemption under s. 101.9203 (4).

SB55-SSA1-CA1, s. 2539nc Section 2539nc. 101.9209 (2) of the statutes is amended to read:

SB55-SSA1-CA1,494,5 101.9209 (2) Promptly Except as otherwise provided in this subsection, promptly after delivery to him or her of the manufactured home, the transferee shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to the department. This subsection does not apply to a transferee who is exempt from making application for a certificate of title under s. 101.9203 (4).

SB55-SSA1-CA1, s. 2539nf Section 2539nf. 101.9209 (3) of the statutes is amended to read:

SB55-SSA1-CA1,494,11 101.9209 (3) A transfer by an owner is not effective until the applicable provisions of this section have been complied with. An owner who has delivered possession of the manufactured home to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from use of the mobile home.

SB55-SSA1-CA1, s. 2539nh Section 2539nh. 101.9209 (5) (a) and (b) of the statutes are amended to read:

SB55-SSA1-CA1,494,16 101.9209 (5) (a) Any transferee of a mobile manufactured home who fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be required to forfeit not more than $200.

SB55-SSA1-CA1,494,20 (b) Any transferee of a manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be fined not more than $1,000 or imprisoned for not more than 30 days or both.

SB55-SSA1-CA1, s. 2539nj Section 2539nj. 101.921 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,495,24 101.921 (1) (a) Except as provided in par. (b), if a manufactured home dealer acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment, the manufactured home dealer may not submit to the department the certificate of title or application for certificate of title naming the manufactured home dealer as owner of the manufactured home. Upon transferring the manufactured home to another person, the manufactured home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the manufactured home dealer for transmittal to the department when required. The Unless the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4), the manufactured home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the manufactured home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4). A nonresident who purchases a manufactured home from a manufactured home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the manufactured home in this state unless the manufactured home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The manufactured home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The manufactured home dealer is liable for any damages incurred by the department or any secured party for the manufactured home dealer's failure to perfect a security interest that the manufactured home dealer had knowledge of at the time of sale.

SB55-SSA1-CA1, s. 2539nL Section 2539nL. 101.9211 (1) of the statutes is amended to read:

SB55-SSA1-CA1,496,8 101.9211 (1) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee shall, except as provided in sub. (2), promptly mail or deliver to the department the last certificate of title, if available, and the any documents required by the department to legally effect such transfer, and. The transferee shall also promptly mail or deliver to the department an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4).

SB55-SSA1-CA1, s. 2539nn Section 2539nn. 101.9211 (2) of the statutes is amended to read:

SB55-SSA1-CA1,496,19 101.9211 (2) If the interest of the owner is terminated or the manufactured home is sold under a security agreement by a secured party named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, unless there is no certificate of title as a result of the exemption under s. 101.9203 (4), an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4), and a statement made by or on behalf of the secured party that the manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.

SB55-SSA1-CA1, s. 2539np Section 2539np. 101.9211 (4) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,496,23 101.9211 (4) (a) 2. The title executed by such administrator, executor, guardian or trustee, except that this subdivision does not apply if there is no certificate of title as a result of the exemption under s. 101.9203 (4).

SB55-SSA1-CA1, s. 2539nr Section 2539nr. 101.9211 (4) (b) 1. (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,497,4 101.9211 (4) (b) 1. (intro.) The Except as provided under subd. 1m., the department shall transfer the decedent's interest in any manufactured home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse that states all of the following:

SB55-SSA1-CA1, s. 2539nt Section 2539nt. 101.9211 (4) (b) 1m. of the statutes is created to read:

SB55-SSA1-CA1,497,8 101.9211 (4) (b) 1m. The department may not require a surviving spouse to provide an executed title to a manufactured home under subd. 1. if the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4).

SB55-SSA1-CA1, s. 2539nv Section 2539nv. 101.9211 (4) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,497,11 101.9211 (4) (b) 2. The transfer of a manufactured home under this paragraph shall not affect any liens upon the manufactured home.

SB55-SSA1-CA1, s. 2539nw Section 2539nw. 101.9212 (1) and (2) of the statutes are amended to read:

SB55-SSA1-CA1,497,20 101.9212 (1) The Except as otherwise provided in this subsection, the department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by law, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner. The department may not require a person to provide a properly assigned certificate of title if the manufactured home for which the new certificate of title is requested has no certificate of title as a result of the exemption under s. 101.9203 (4).

SB55-SSA1-CA1, s. 2539ny Section 2539ny. 101.9218 (2) of the statutes is amended to read:

SB55-SSA1-CA1,498,2 101.9218 (2) Fixtures excluded. Notwithstanding ss. 101.921 to 101.9217, the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests does not apply to a manufactured home that is a fixture to real estate or to a manufactured home that the owner intends, upon acquiring, to permanently affix to land that the owner of the manufactured home owns.".

SB55-SSA1-CA1,498,3 1161. Page 902, line 17: delete lines 17 to 21.

SB55-SSA1-CA1,498,4 1162. Page 903, line 4: delete lines 4 to 17.

SB55-SSA1-CA1,498,5 1163. Page 904, line 24: after that line insert:

SB55-SSA1-CA1,498,6 " Section 2558i. 103.49 (3) (ag) of the statutes is created to read:

SB55-SSA1-CA1,498,8 103.49 (3) (ag) In defining under par. (a) the trades or occupations that are commonly employed on projects that are subject to this section, the department:

SB55-SSA1-CA1,498,11 1. May not define swimming pool installer as a separate trade or occupation for purposes of determining the prevailing wage rates for the trades or occupations that are commonly employed in the construction of swimming pools.

SB55-SSA1-CA1,498,17 2. Shall define metal building assembler as a separate trade or occupation for purposes of determining the prevailing wage rates for that trade or occupation and shall include among the typical duties of the trade or occupation reroofing and repairing existing prefabricated, packaged metal buildings and constructing prefabricated, packaged metal additions to existing prefabricated, packaged metal buildings.".

SB55-SSA1-CA1,498,18 1164. Page 907, line 14: after that line insert:

SB55-SSA1-CA1,498,19 " Section 2559k. 103.67 (2) (j) of the statutes is amended to read:

SB55-SSA1-CA1,499,2 103.67 (2) (j) Minors under 14 years of age may be employed as participants in a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5), or 938.345 or, in a supervised work program or other community service work under s. 938.245 (2) (a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3), or 938.345, or in the community service component of a youth report center program under s. 938.245 (2) (a) 9m., 938.32 (1p), 938.34 (7j), 938.342 (1d) (c) or (1g) (k), 938.343 (3m), 938.344 (2g) (a) 5., 938.345, or 938.355 (6) (d) 5. or (6m) (a) 4.".

SB55-SSA1-CA1,499,3 1165. Page 908, line 1: delete lines 1 to 15.

SB55-SSA1-CA1,499,4 1166. Page 908, line 22: delete "13.171" and substitute "13.172".

SB55-SSA1-CA1,499,5 1167. Page 912, line 2: after that line insert:

SB55-SSA1-CA1,499,6 " Section 2585t. 106.215 (7) (am) of the statutes is amended to read:

SB55-SSA1-CA1,499,9 106.215 (7) (am) Human services activities; appropriations. Moneys appropriated under s. 20.445 (6) (b), (j) and (m) may be utilized for human services activities as authorized under those appropriations.".

SB55-SSA1-CA1,499,10 1168. Page 912, line 2: after that line insert:

SB55-SSA1-CA1,499,11 " Section 2586r. 106.215 (7) (c) of the statutes is repealed.".

SB55-SSA1-CA1,499,12 1169. Page 912, line 11: after that line insert:

SB55-SSA1-CA1,499,13 " Section 2599m. 110.07 (1) (a) 1. of the statutes is amended to read:

SB55-SSA1-CA1,499,17 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349, and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.10 (3) (a), 167.31 (2) (b) to (d), and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB55-SSA1-CA1, s. 2599mg Section 2599mg. 110.07 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,499,23 110.07 (1) (b) All municipal judges, judges, district attorneys, and law enforcement officers shall assist in enforcing this chapter, ss. 167.10 (3) (a), 167.31 (2) (b) to (d), and 287.81 and chs. 194, 218, and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.".

SB55-SSA1-CA1,499,24 1170. Page 912, line 20: after that line insert:

SB55-SSA1-CA1,500,1 " Section 2609j. 111.70 (1) (j) of the statutes is amended to read:

SB55-SSA1-CA1,500,8 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family care district , or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

SB55-SSA1-CA1,500,9 1171. Page 912, line 20: after that line insert:

SB55-SSA1-CA1,500,10 " Section 2606m. 111.335 (1) (cv) of the statutes is created to read:

SB55-SSA1-CA1,500,16 111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service, in a position described in s. 230.08 (2) (k), or as a corps enrollee with the Wisconsin conservation corps under s. 106.215 (1) (c) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.".

SB55-SSA1-CA1,500,17 1172. Page 912, line 20: after that line insert:

SB55-SSA1-CA1,500,18 " Section 2607c. 111.70 (1) (nc) 1. d. of the statutes is created to read:

SB55-SSA1-CA1,500,23 111.70 (1) (nc) 1. d. A proposal to maintain all conditions of employment as the conditions existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties.

SB55-SSA1-CA1, s. 2607h Section 2607h. 111.70 (1) (nc) 1. e. of the statutes is created to read:

SB55-SSA1-CA1,501,5 111.70 (1) (nc) 1. e. A proposal to maintain any provision relating to a subject of collective bargaining on which the municipal employer was not required to bargain that existed in the previous collective bargaining agreement between the parties or that existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties.

SB55-SSA1-CA1, s. 2607p Section 2607p. 111.70 (4) (cm) 5s. of the statutes is amended to read:

SB55-SSA1-CA1,503,2 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a timely qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator, using the methodology prescribed under subd. 8t., finds that the municipal employer has submitted a timely qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a timely qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employees in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a timely qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6. If the investigator determines that the municipal employer has not submitted a timely qualified economic offer, either the municipal employer or the labor organization may petition for arbitration under subd. 6. to resolve any dispute relating to economic issues.

SB55-SSA1-CA1, s. 2607t Section 2607t. 111.70 (4) (cm) 8t. of the statutes is created to read:

SB55-SSA1-CA1,503,8 111.70 (4) (cm) 8t. `Methodology for determining qualified economic offers.' The commission shall prescribe by rule a methodology to be used in determining whether a collective bargaining proposal submitted by a municipal employer to a labor organization constitutes a qualified economic offer and whether such an offer is timely.".

SB55-SSA1-CA1,503,9 1173. Page 913, line 2: after that line insert:

SB55-SSA1-CA1,503,10 " Section 2615f. 111.93 (3) of the statutes is amended to read:

SB55-SSA1-CA1,503,19 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d), 230.35 (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.".

SB55-SSA1-CA1,503,20 1174. Page 913, line 2: after that line insert:

SB55-SSA1-CA1,503,21 " Section 2615ag. 111.81 (7) (f) of the statutes is created to read:

SB55-SSA1-CA1,503,24 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm).