Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,309,3 101.141 Record keeping of fires. The department shall maintain records of all fires occurring in this state. For each fire that involves a building and that results in one or more fatalities, the department shall include in the records the cause of the fire, the age of the building, what the building was used for, and any other relevant information concerning the building, as determined by the department. Such records shall be open to public inspection during normal business hours.".

SB40-ASA1-AA1,309,4 1663. Page 1215, line 3: delete lines 3 to 9.

SB40-ASA1-AA1,309,6 1664. Page 1215, line 18: delete lines 18 to 20 and substitute "funds, or to pay accrued or capitalized interest.".

SB40-ASA1-AA1,309,7 1665. Page 1215, line 20: after that line insert:

SB40-ASA1-AA1,309,8 " Section 2629k. 101.143 (9m) (j) of the statutes is created to read:

SB40-ASA1-AA1,309,15 101.143 (9m) (j) In each fiscal year in which revenue obligations are outstanding under this subsection, the department of administration and the department of commerce shall periodically determine whether the balance in the petroleum inspection fund exceeds the amount necessary to make all of the expenditures that are required to be made out of the fund, other than under this paragraph, and, if so, the department of administration shall expend the excess to retire revenue obligations issued under this subsection.".

SB40-ASA1-AA1,309,16 1666. Page 1216, line 1: delete lines 1 to 6.

SB40-ASA1-AA1,309,17 1667. Page 1216, line 17: after that line insert:

SB40-ASA1-AA1,309,19 " Section 2634d. 101.19 (1) (k) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1-AA1,309,24 101.19 (1) (k) Administering subch. VII, except that the department may not charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c) or a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair lift, or any other lift in a private residence. This paragraph applies beginning on June 1, 2008.".

SB40-ASA1-AA1,310,1 1668. Page 1218, line 6: after that line insert:

SB40-ASA1-AA1,310,2 " Section 2639c. 101.975 (3) of the statutes is repealed.".

SB40-ASA1-AA1,310,3 1669. Page 1218, line 6: after that line insert:

SB40-ASA1-AA1,310,5 " Section 2640c. 101.981 (1) (c) of the statutes is renumbered 101.981 (1) (c) (intro.) and amended to read:

SB40-ASA1-AA1,310,10 101.981 (1) (c) (intro.) "Conveyance" means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, a personnel hoist, a material hoist and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as provided in the rules of the department. "Conveyance" does not include a any of the following:

SB40-ASA1-AA1,310,11 1. A grain elevator a.

SB40-ASA1-AA1,310,12 2. A ski lift or towing device, or an.

SB40-ASA1-AA1,310,13 3. An amusement or thrill ride.

SB40-ASA1-AA1, s. 2640f Section 2640f. 101.981 (1) (c) 4. of the statutes is created to read:

SB40-ASA1-AA1,310,17 101.981 (1) (c) 4. An elevator, a dumbwaiter, a platform lift, or a stairway chair lift that is located in an individual residential dwelling unit or any other type of lift that moves people and that is located in such a unit.

SB40-ASA1-AA1, s. 2640j Section 2640j. 101.981 (1) (c) 5. of the statutes is created to read:

SB40-ASA1-AA1,310,19 101.981 (1) (c) 5. A personnel hoist or a material hoist.

SB40-ASA1-AA1, s. 2640m Section 2640m. 101.9815 of the statutes is created to read:

SB40-ASA1-AA1,310,22 101.9815 Applicability. Sections 101.983, 101.984, 101.985, and 101.988 apply beginning on June 1, 2008.

SB40-ASA1-AA1, s. 2640p Section 2640p. 101.983 (2) (c) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1-AA1,311,15 101.983 (2) (c) Inspections. The department may not issue or renew a permit under this subsection unless the department has received an inspection report for the conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. Upon request of the owner of a private residence containing a newly installed platform lift, stairway chair lift, or residential lift or of the new owner of a private residence containing a previously installed platform lift, stairway chair lift, or residential lift, the department shall inspect the lift or equipment for compliance with this subchapter and any applicable rules promulgated under this subchapter. This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the lift or equipment is operated.

SB40-ASA1-AA1, s. 2640t Section 2640t. 101.983 (2) (d) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1-AA1,311,24 101.983 (2) (d) Term and posting requirements. A permit issued under this subsection has a term of one year, except that a permit applicable to a platform lift, stairway chair lift, or residential lift in a private residence is valid until ownership of the private residence is transferred, at which time the new owner shall apply for renewal of the permit under par. (b). The owner of the building or residence in which a conveyance is located shall display the permit under par. (a) applicable to the conveyance on or in the conveyance or, if applicable, in the machinery room.".

SB40-ASA1-AA1,312,1 1670. Page 1220, line 20: after that line insert:

SB40-ASA1-AA1,312,3 " Section 2641t. 101.988 (3) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1-AA1,312,9 101.988 (3) Penalties. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance.".

SB40-ASA1-AA1,312,11 1671. Page 1220, line 21: delete the material beginning with that line and ending with page 1221, line 3.

SB40-ASA1-AA1,312,12 1672. Page 1221, line 4: delete lines 4 to 6.

SB40-ASA1-AA1,312,13 1673. Page 1221, line 7: delete lines 7 to 16.

SB40-ASA1-AA1,312,14 1674. Page 1221, line 17: delete lines 17 to 22.

SB40-ASA1-AA1,312,15 1675. Page 1221, line 23: delete lines 23 and 24.

SB40-ASA1-AA1,312,16 1676. Page 1221, line 24: after that line insert:

SB40-ASA1-AA1,312,17 " Section 2649h. 103.49 (2m) (b) 1. of the statutes is amended to read:

SB40-ASA1-AA1,313,2 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project that is subject to this section by depositing and immediately incorporating the material substantially in place into the work at the final location where the material is to be incorporated into the work, directly or through spreaders from the transporting vehicle, without the need to pick up and move the material to that final location.

SB40-ASA1-AA1, s. 2649j Section 2649j. 103.50 (2m) (b) 1. of the statutes is amended to read:

SB40-ASA1-AA1,313,12 103.50 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project that is subject to this section by depositing and immediately incorporating the material substantially in place into the work at the final location where the material is to be incorporated into the work, directly or through spreaders from the transporting vehicle, without the need to pick up and move the material to that final location.".

SB40-ASA1-AA1,313,13 1677. Page 1221, line 25: delete that line.

SB40-ASA1-AA1,313,14 1678. Page 1222, line 1: delete lines 1 to 3.

SB40-ASA1-AA1,313,15 1679. Page 1223, line 12: after that line insert:

SB40-ASA1-AA1,313,16 " Section 2651r. 110.08 (5) of the statutes is created to read:

SB40-ASA1-AA1,314,2 110.08 (5) (a) Unless an alternative plan has been approved under par. (b), after the effective date of this paragraph .... [revisor inserts date], the department shall maintain a local examining center in each municipality in which a local examining center was located on December 1, 2006. If the department closed any local examining center in a municipality between December 1, 2006, and the effective date of this paragraph .... [revisor inserts date], and the department maintains no other local examining center in that municipality on the effective date of this paragraph .... [revisor inserts date], the department shall, as soon as possible, open a local examining center in that municipality. Any local examining center required to be opened under this paragraph may not be closed by the department.

SB40-ASA1-AA1,314,13 (b) In lieu of maintaining or opening a local examining center in a municipality under par. (a), the department may submit to the joint committee on finance an alternative plan for providing services that would otherwise be provided at the local examining center in the municipality. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan as proposed. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may implement the plan only upon approval of the committee.".

SB40-ASA1-AA1,314,14 1680. Page 1223, line 12: after that line insert:

SB40-ASA1-AA1,314,15 " Section 2651u. 110.08 (1m) of the statutes is amended to read:

SB40-ASA1-AA1,314,22 110.08 (1m) Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in s. 343.01 (2) (dg) 340.01 (41k), in cooperation with the department.".

SB40-ASA1-AA1,314,23 1681. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,314,24 " Section 2661h. 111.70 (1) (ag) of the statutes is created to read:

SB40-ASA1-AA1,315,3 111.70 (1) (ag) 1. Except as provided in subds. 2. and 3., if the employer is a municipal employer, "available revenue" means the sum of the allowable property tax levy and payments received under ss. 86.30 and 86.32 and subch. I of ch.79.

SB40-ASA1-AA1,315,5 2. If the employer is a school district, "available revenue" has the same meaning as "revenue" in s. 121.90 (1m).

SB40-ASA1-AA1,315,7 3. If the employer is a technical college district, "available revenue" means the sum of the allowable property tax levy and payments received under s. 38.28.".

SB40-ASA1-AA1,315,8 1682. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,315,9 " Section 2663h. 111.70 (1) (dm) of the statutes is amended to read:

SB40-ASA1-AA1,315,22 111.70 (1) (dm) "Economic issue" means salaries, overtime pay, sick leave, payments in lieu of sick leave usage, vacations, clothing allowances in excess of the actual cost of clothing, length-of-service credit, continuing education credit, shift premium pay, longevity pay, extra duty pay, performance bonuses, health insurance, life insurance, dental insurance, disability insurance, vision insurance, long-term care insurance, worker's compensation and unemployment insurance, social security benefits, vacation pay, holiday pay, lead worker pay, temporary assignment pay, retirement contributions, supplemental retirement benefits, severance or other separation pay, hazardous duty pay, certification or license payment, and limitations on layoffs that create a new or increased financial liability on the employer and contracting or subcontracting of work that would otherwise be performed by municipal employees in the collective bargaining unit with which there is a labor dispute.".

SB40-ASA1-AA1,315,23 1683. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,316,2 " Section 2664d. 111.70 (1) (a) of the statutes is renumbered 111.70 (1) (ar) and amended to read:

SB40-ASA1-AA1,316,25 111.70 (1) (ar) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) , (n), (o), (p), and (pr) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.".

SB40-ASA1-AA1,317,1 1684. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,317,2 " Section 2661n. 111.335 (1) (d) of the statutes is created to read:

SB40-ASA1-AA1,317,13 111.335 (1) (d) 1. In this paragraph, "educational agency" means a school district, a cooperative educational service agency, a county children with disabilities education board, a state prison under s. 302.01, a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, 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, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, a charter school, a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c), or a nonsectarian private school or agency under contract with the board of school directors in a 1st class city under s. 119.235 (1).

SB40-ASA1-AA1,317,17 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for an educational agency to refuse to employ or to terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony.".

SB40-ASA1-AA1,317,18 1685. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,317,19 " Section 2661j. 111.31 (6) of the statutes is created to read:

SB40-ASA1-AA1,317,22 111.31 (6) The legislature finds that the prohibition against discrimination on the basis of arrest or conviction record under s. 111.335 is a matter of statewide concern, requiring uniform enforcement at the state, county, and municipal levels.

SB40-ASA1-AA1, s. 2661k Section 2661k. 111.335 (1) (c) 1. of the statutes is amended to read:

SB40-ASA1-AA1,318,3 111.335 (1) (c) 1. Has been convicted of any felony, misdemeanor or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity; or.

SB40-ASA1-AA1, s. 2661L Section 2661L. 111.335 (1) (c) 3. of the statutes is created to read:

SB40-ASA1-AA1,318,8 111.335 (1) (c) 3. Has been convicted of a sex offense, as defined in s. 301.45 (1d) (b), or found to have committed a violation of federal law or the law of another state that would be a sex offense, as defined in s. 301.45 (1d) (b), if committed in this state, and who has not been pardoned for that sex offense.

SB40-ASA1-AA1, s. 2661m Section 2661m. 111.335 (1) (c) 4. of the statutes is created to read:

SB40-ASA1-AA1,318,13 111.335 (1) (c) 4. Has been convicted of a violent offense, as defined in s. 301.048 (2) (bm) 1., or found to have committed a violation of federal law or the law of another state that would be a violent offense, as defined in s. 301.048 (2) (bm) 1., if committed in this state, and who has not been pardoned for that violent offense.

SB40-ASA1-AA1, s. 2661o Section 2661o. 111.335 (2) of the statutes is created to read:

SB40-ASA1-AA1,318,17 111.335 (2) No county, city, village, or town may adopt any provision concerning employment discrimination based on arrest or conviction record that prohibits any activity that is allowed under this section.".

SB40-ASA1-AA1,318,18 1686. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,318,19 " Section 2661r. 111.35 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,319,6 111.35 (3) (a) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of use of a lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agency, licensing agency, or other person to offer financial incentives related to employee health care benefits that are intended to discourage use of a lawful product. Those financial incentives may include offering a policy or plan of life, health, or disability insurance coverage under which the type of coverage or the price of coverage for an individual who uses a lawful product off the employer's premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who does not use that lawful product, if all of the following conditions apply:

SB40-ASA1-AA1, s. 2661s Section 2661s. 111.35 (3) (b) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,319,18 111.35 (3) (b) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of nonuse of a lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agency, licensing agency, or other person to offer financial incentives related to employee health care benefits that are intended to encourage use of a lawful product. Those financial incentives may include offering a policy or plan of life, health, or disability insurance coverage under which the type of coverage or the price of coverage for an individual who does not use a lawful product off the employer's premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who uses that lawful product, if all of the following conditions apply:".

SB40-ASA1-AA1,319,19 1687. Page 1228, line 10: delete lines 10 to 17.

SB40-ASA1-AA1,319,20 1688. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,319,21 " Section 2681m. 114.31 (3) (a) of the statutes is renumbered 114.31 (3).

SB40-ASA1-AA1, s. 2681n Section 2681n. 114.31 (3) (b) of the statutes is repealed.".

SB40-ASA1-AA1,319,23 1689. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,319,24 " Section 2670b. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

SB40-ASA1-AA1,322,2 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If, under state law, the municipal employer is subject to limitations on available revenue, a final offer may not require the expenditure for compensation and fringe benefits per employee in any year of the contract to be more than the amount expended in the previous year increased by the allowable percentage increase in available revenue. If the commission determines that a final offer requires greater expenditure, the commission shall return the offer to the party and the party shall revise it before submitting it again. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. If the last written position requires greater expenditure than permitted under this subd. 6. am., the commission shall consider that the party failed to submit an offer. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final Final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

SB40-ASA1-AA1, s. 2670d Section 2670d. 111.70 (4) (cm) 6. b. of the statutes is amended to read: