Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,484,10 100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a telephone solicitation that satisfies any of the following:

SB55-SSA1-CA1,484,12 (a) The telephone solicitation is made to a recipient in response to the recipient's express written request for the telephone solicitation.

SB55-SSA1-CA1,484,18 (b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

SB55-SSA1-CA1, s. 2445b Section 2445b. 100.52 (7) of the statutes is created to read:

SB55-SSA1-CA1,484,22 100.52 (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB55-SSA1-CA1, s. 2446b Section 2446b. 100.52 (8) of the statutes is created to read:

SB55-SSA1-CA1,485,3 100.52 (8) Private cause of action. Any person who suffers damages as the result of another person violating this section may bring an action against the person who violated this section to recover the amount of those damages.

SB55-SSA1-CA1, s. 2446d Section 2446d. 100.52 (9) of the statutes is created to read:

SB55-SSA1-CA1,485,7 100.52 (9) Enforcement. The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

SB55-SSA1-CA1, s. 2446f Section 2446f. 100.52 (10) of the statutes is created to read:

SB55-SSA1-CA1,485,11 100.52 (10) Penalties. (a) Except as provided in par. (b), a person who violates this section may be required to forfeit not less than $100 nor more than $500 for each violation.

SB55-SSA1-CA1,485,14 (b) A telephone solicitor that violates sub. (4) or a nonprofit organization that violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000 for each violation.".

SB55-SSA1-CA1,485,15 1155. Page 890, line 25: after that line insert:

SB55-SSA1-CA1,485,16 " Section 2447x. 101.02 (15) (a) of the statutes is amended to read:

SB55-SSA1-CA1,486,2 101.02 (15) (a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employe in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building. This Except for the purposes of enforcing and administering s. 101.22, this paragraph does not apply to occupational safety and health issues covered by standards established and enforced by the federal occupational safety and health administration.".

SB55-SSA1-CA1,486,3 1156. Page 890, line 25: after that line insert:

SB55-SSA1-CA1,486,4 " Section 2446r. 101.01 (11) of the statutes is amended to read:

SB55-SSA1-CA1,486,23 101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes; the transportation of farm products, supplies , or equipment directly to the farm by the operator of said the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show and that is first operated on or after August 1, 2000. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

SB55-SSA1-CA1, s. 2446rb Section 2446rb. 101.01 (11) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,487,20 101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3);, and also includes the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show and that is first operated on or after August 1, 2000. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

SB55-SSA1-CA1, s. 2447d Section 2447d. 101.01 (12) of the statutes is amended to read:

SB55-SSA1-CA1,488,6 101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show, the initial construction of which was begun on or after August 1, 2000, or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).

SB55-SSA1-CA1, s. 2447db Section 2447db. 101.01 (12) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,488,18 101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show, the initial construction of which was begun on or after August 1, 2000, or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).".

SB55-SSA1-CA1,488,19 1157. Page 891, line 4: after that line insert:

SB55-SSA1-CA1,488,21 " Section 2449d. 101.10 (2) of the statutes, as created by 2001 Wisconsin Act 3, is amended to read:

SB55-SSA1-CA1,489,10 101.10 (2) Rules. The department shall promulgate rules that prescribe reasonable standards relating to the safe storage and handling of anhydrous ammonia. The rules shall prescribe standards for the design, construction, repair, alteration, location, installation, inspection, and operation of anhydrous ammonia equipment. The Except as otherwise provided in this subsection, the rules promulgated under this subsection do not apply to ammonia manufacturing plants, refrigeration plants where ammonia is used solely as a refrigerant, facilities where ammonia is used in pollution control devices or is manufactured, electric generating or cogenerating facilities where ammonia is used as a refrigerant, and ammonia transportation pipelines. If ammonia is used on the premises of a facility or plant described under this subsection for a purpose or in a manner that is not related to the applicable exemption from the rules promulgated under this subsection, the exemption does not apply to that use.".

SB55-SSA1-CA1,489,11 1158. Page 898, line 25: after that line insert:

SB55-SSA1-CA1,489,12 " Section 2490b. 101.19 (1) (ig) of the statutes is created to read:

SB55-SSA1-CA1,489,14 101.19 (1) (ig) Authorizing crane operator certification programs under s. 101.22 (2).

SB55-SSA1-CA1, s. 2490f Section 2490f. 101.22 of the statutes is created to read:

SB55-SSA1-CA1,489,23 101.22 Crane operators. (1) Definition. In this section, "crane" means a power-operated hoisting machine that is used in construction, demolition, or excavation work, that has a power-operated winch and load line, and that has a power-operated boom that moves laterally by the rotation of the machine on a carrier. "Crane" does not include a forklift, a digger derrick truck, a bucket truck, a boom truck used for sign erection, or a machine with a movable bridge carrying a movable or fixed hoisting mechanism and traveling on an overhead, fixed, runway structure.

SB55-SSA1-CA1,490,4 (2) Certification. (a) Certification required. Except as provided in sub. (5), no individual may operate a crane with a lifting capacity of 15 tons or more in this state without a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).

SB55-SSA1-CA1,490,6 (b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).

SB55-SSA1-CA1,490,10 (c) Contractor and subcontractor liability. No person who is under a contract to construct an improvement to land may permit an agent of the person, or an independent contractor under contract with the person, to perform work on the improvement in violation of par. (a).

SB55-SSA1-CA1,490,13 (3) Certification programs. (a) Generally. Except as provided in sub. (4), the department shall administer a program under which the department authorizes crane operator certification programs to grant certificates that satisfy sub. (2) (a).

SB55-SSA1-CA1,490,16 (b) Required components of certification programs. The department may authorize a crane operator certification program only if all of the following are satisfied:

SB55-SSA1-CA1,490,18 1. The program requires an individual who is applying for a certificate to satisfactorily complete a written examination regarding safe crane operation.

SB55-SSA1-CA1,490,21 2. The program requires an individual who is applying for a certificate to meet physical standards necessary for safe crane operation, consistent with any national standard that the department determines is appropriate.

SB55-SSA1-CA1,491,2 3. The program requires an individual who is applying for a certificate to satisfactorily complete a practical examination regarding safe crane operation, unless the individual is applying for recertification and provides sufficient evidence that the individual has safely completed at least 1,000 hours of crane operation during the 5-year period before the date of the application for recertification.

SB55-SSA1-CA1,491,6 4. The program is consistent with any applicable certification and recertification requirements established by the federal occupational safety and health administration and, to the extent feasible, the National Commission for the Certification of Crane Operators.

SB55-SSA1-CA1,491,7 5. The program issues a crane operator certificate that has a term of 5 years.

SB55-SSA1-CA1,491,9 (c) Rules. The department shall promulgate rules to administer the program established under par. (a).

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.