SB436: Bill Text

SB436,158,1 3. Any bondsman or surety; but it.

SB436,158,5 (b) It shall be a violation of this section to give such information a statement of the reasons for the employe's discharge with the intent to blacklist, hinder or prevent such the discharged employe from obtaining employment; neither shall anything herein.

SB436,158,9 (c) Nothing contained in this section shall prohibit any employer of labor from keeping for his the employer's own information and protection a record showing the habits, character and competency of his the employer's employes and the cause of the discharge or voluntary quitting of any of them.

Note: Renders provision gender neutral and replaces language not in conformity with current style. "Bondsman" is intentionally retained due to the lack of an accepted gender neutral alternative.

SB436, s. 404 Section 404. 134.20 (1) (g) of the statutes is amended to read:

SB436,158,16 134.20 (1) (g) Negotiates or transfers for value a warehouse receipt or bill of lading covering goods which he or she knows are subject to a lien or security interest (, other than the warehouse keeper's or carrier's lien), or to which he or she does not have title or which he or she knows have not been received or shipped in accordance with the purported terms and meaning of such the warehouse receipt or bill of lading and fails to disclose such those facts to the purchaser thereof.

Note: Replaces parentheses and language for greater readability and conformity with current style.

SB436, s. 405 Section 405. 138.09 (7) (a) 2. b. of the statutes is amended to read:

SB436,158,21 138.09 (7) (a) 2. b. To the extent that payment is deferred: 1) The the amount actually paid or to be paid by the licensee for registration, certificate of title or license fees if not included in subd. 2. a.; and 2) additional charges permitted under this section.

Note: Deletes improper subdivision designations.

SB436, s. 406 Section 406. 139.10 (2) of the statutes is amended to read:

SB436,159,5 139.10 (2) When the tax has been paid on intoxicating liquor supplied to hospitals (for hospital or medicinal purposes), or on alcohol supplied to institutions of learning or museums for nonbeverage purposes, this the purchaser shall, upon application to the secretary, be entitled to a refund of the tax.

Note: Deletes parentheses and replaces language for greater consistency with current style.

SB436, s. 407 Section 407. 139.43 of the statutes is amended by replacing "state-wide" with "statewide".

Note: Corrects spelling.

SB436, s. 408 Section 408. 144.07 (2) of the statutes is renumbered 144.07 (2) (a) (intro.) and amended to read:

SB436,159,17 144.07 (2) (a) (intro.) When one governmental unit renders service to another under this section, reasonable compensation shall be paid. The officials in charge of the system, of the governmental unit furnishing the service shall determine the reasonable compensation and report to its clerk who shall, on or before August 1 of each year, certify a statement thereof to the clerk of the governmental unit receiving the service. This The clerk of the governmental unit receiving the service shall extend the amount shown in such the statement as a charge on the tax roll, in the manner following manner: a) where

SB436,159,21 1. If the service rendered is available to substantially all improved real estate in the member governmental unit receiving the same service, the charges shall be placed upon the tax roll of such the member governmental unit as a general tax; b) where.

SB436,160,2 2. If the service rendered is for the benefit of public highways in, or real estate owned or operated by, the member governmental unit receiving the same service, the charges therefor for the service shall be placed upon the tax roll of such the member governmental unit as a general tax; c) where.

SB436,160,10 3. If the service rendered does not come under the provisions of subd. 1. or 2., the charges therefor for the service shall be placed upon the tax roll of such the member governmental unit as a special tax upon each parcel of real estate benefited; and when collected it shall be paid to the treasurer of the member governmental unit rendering the service. Where the charges are to be extended on such the tax roll under the provisions of c) this subdivision, the clerk of the member governmental unit furnishing such the service shall itemize the statement showing separately the amount charged to each parcel of real estate benefited; if.

SB436,160,13 (b) If, due to delay in determination, such a charge described in par. (a) cannot be extended on the tax roll of any particular year, it shall be extended as soon as possible.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

SB436, s. 409 Section 409. 144.25 (7) (b) of the statutes is amended by replacing "subd. 2." with "par. (a) 2.".

Note: Corrects cross-reference. Subd. 2 is a part of par. (a).

SB436, s. 410 Section 410. 144.765 (4) (intro.) of the statutes is amended by replacing "s. 144.76 (9) (e) 1. a. or b." with "s. 144.76 (9) (e) 1m. a. or b.".

Note: Corrects cross-reference. There is no s. 144.76 (9) (e) 1. a. or b.

SB436, s. 411 Section 411. 144.9407 (3) (b) of the statutes is amended by replacing "the June 1, 1993" with "June 1, 1993".

Note: Deletes unnecessary word.

SB436, s. 412 Section 412. 145.12 (3) of the statutes is amended to read:

SB436,161,5 145.12 (3) Any master plumber who shall employ an apprentice on plumbing representing him the apprentice to be a journeyman, or who shall charge for an apprentice a journeyman's wage, shall be punished by a fine of not more than twenty-five dollars $25, or by imprisonment in the county jail for not more than thirty 30 days. Each day of violation shall be a separate offense.

Note: Replace gender specific pronoun and word form of number with digits. "Journeyman" is not replaced due to the lack of an accepted gender neutral alternative.

SB436, s. 413 Section 413. 146.58 (5) of the statutes is amended by replacing "state board of vocational, technical and adult education" with "technical college system board".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 414 Section 414. 146.905 (1) of the statutes is amended to read:

SB436,161,14 146.905 (1) Except as provided in sub. (2), a health care provider, as defined in s. 146.81 (1), or a pharmacist licensed under ch. 450, that provides a service or a product to an individual with coverage under a disability insurance policy, as defined in s. 632.895 (1) (a), may not reduce or eliminate or offer to reduce or eliminate coinsurance or a deductible required under the terms of the disability insurance policy.

Note: Deletes redundant language. A pharmacist is defined as a health care provider under s. 146.81 (1) (fm).

SB436, s. 415 Section 415. 161.14 (4) (bm) of the statutes is amended by replacing "commonly as DOET" with "commonly known as DOET".

Note: Inserts word omitted from CSB 2.22 by the controlled substance board in adopting s. 161.14 (4) (bm).

SB436, s. 416 Section 416. 165.85 (3) (b) of the statutes is amended to read:

SB436,162,2 165.85 (3) (b) Establish minimum educational and training standards for admission to employment as a law enforcement or tribal law enforcement officer: 1) in permanent positions, and 2) in temporary, probationary or part-time status. Educational and training standards for tribal law enforcement officers under this paragraph shall be identical to standards for other law enforcement officers.

Note: Deletes improper subdivision designation.

SB436, s. 417 Section 417. 165.93 (1) (b) of the statutes is amended to read:

SB436,162,5 165.93 (1) (b) "Sexual assault" means conduct that is in violation of s. 940.225, 940.227, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.08, 948.09 or 948.10.

Note: Corrects cross-reference. Section 940.227 was renumbered s. 948.055 by 1993 Wis. Act 218.

SB436, s. 418 Section 418. 168.11 (4) of the statutes is amended to read:

SB436,162,14 168.11 (4) No person may use interchangeably any pipeline, hose, pump or metering device to dispense gasoline (, or a like product of petroleum which has a flash point of less than 100° F. when tested in the Tagliabue closed cup tester) , and to dispense kerosene, diesel fuel or burner fuel oils ( , or a like product of petroleum which has a flash point of 100° F. or more when tested in the Tagliabue closed cup tester), unless such the pipeline, hose, pump or metering device has been sufficiently flushed and cleaned before such the interchanged use to eliminate any contamination of products due to such the interchanged use.

Note: Replaces parentheses and language for greater conformity with current style.

SB436, s. 419 Section 419. 178.01 (2) (c) of the statutes is amended by replacing "incumbrance" with "encumbrance".

Note: Inserts preferred spelling.

SB436, s. 420 Section 420. 182.01 (4) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB436,163,16 182.01 (4) Furnish certified copies; fees. The department shall make a copy of any resolution, deed, bond, record, document or paper deposited or kept by the department under this section, upon request, attach a certificate and collect 50 cents per page and $5 for a certificate; if a copy is not to be certified and if the reproduction is performed by the department, then collect a fee to cover the actual and necessary cost of reproduction and actual and necessary cost of transcription required to produce the copy or $2, whichever is greater; also to record any document authorized or required by law to be recorded in the department, and to charge a fee of $1 per page. The fee for certified copies of certificates of incorporations or amendments, licenses of foreign corporations, or similar certificates, and for certificates as to results of search searches of the records and files of the department, when a printed form is used, shall be $5, but when a specially prepared form is required the fee shall be $10. Telegraphic reports as to results of record searches shall be $5 plus the cost of the telegram. The department shall charge and collect for preparing any record or certificate under this subsection in an expeditious manner, an expedited service fee of $25 in addition to the fee otherwise required under this subsection, except that only one expedited service fee may be charged for multiple identical corporation or limited partnership certificates of status if the certificates of status are requested at the same time and issued at the same time.

Note: Inserts correct word form for sentence agreement.

SB436, s. 421 Section 421. 182.34 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 182.34 (7) (a) (intro.) and amended to read:

SB436,163,24 182.34 (7) (a) (intro.) Tolls and license fees authorized under s. 182.33 (2) shall be so fixed and adjusted in respect of the aggregate of tolls of each turnpike project including any extension or section thereof in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient, with other revenue from such the turnpike project or extensions or sections thereof, if any, to pay a) do the following:

SB436,164,3 1. Pay the cost of maintaining, repairing and operating such the turnpike project or extension or section thereof, including the legal liabilities of the corporation, and b).

SB436,164,5 2. Pay the principal of and the interest on such the bonds described in par. (a) (intro.) as the same those bonds shall become due and payable, and to create.

SB436,164,6 3. Create reserve for such the purposes, Such described in subds. 1. and 2.

SB436,164,8 (b) The tolls described in par. (a) (intro.) shall not be subject to supervision or regulation by any commission, board, bureau or agency of the state.

SB436,164,21 (c) The tolls and all other revenues derived from each turnpike project or extensions or sections in connection with which the bonds of any issue shall have been issued, except such part thereof as may be the amount necessary to pay such the costs of maintenance, repair and operation including the legal liabilities of the corporation, described in par. (a) 1. and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such the bonds or in the trust agreement securing the same bonds, shall be set aside in a sinking fund at such regular intervals as may be provided for in such the resolution or such trust agreement in a sinking fund which. The sinking fund shall be pledged to and charged with, the payment of the principal of and the interest on such the bonds as the same shall those bonds become due, and the payment of the redemption price and the purchase price of bonds retired by call or purchase as therein provided. Such for in the resolution or trust agreement

SB436,165,4 (d) The pledge of the sinking fund under par. (c) shall be valid and binding from the time when the pledge is made; the. The tolls or other revenues or other moneys so pledged and thereafter received by the corporation shall immediately be subject to the lien of such the pledge without any physical delivery thereof, or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation. All trust agreements and all resolutions relating thereto shall be filed with the department of financial institutions and recorded in the records of the corporation.

Note: Subdivides provision and replaces and reorganizes language for greater readability and conformity with current style.

SB436, s. 422 Section 422. 183.0109 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 4768b, is amended to read:

SB436,165,9 183.0109 (1) (b) The forms prescribed by the department under par. (a) 1. to 3. 4. shall require disclosure of only the information required under ss. 183.1004, 183.1006, 183.1011 and 183.0120, respectively.

Note: 1995 Wis. Act 27, s. 4767, amended s. 183.0109 (1) (b) by changing "3." to "4.". Section 4768b replaced "4." with "3." without strikes or underscores. No change was intended.

SB436, s. 423 Section 423. 183.0120 (1) (intro.), (2) and (4) of the statutes, as affected by 1995 Wisconsin Act 27, section 4798b, are amended to read:

SB436,165,14 183.0120 (1) (intro.) Each domestic limited liability company and each foreign limited liability company registered to transact business in this state shall file with the department an annual report that includes all of the following information:

SB436,165,20 (2) Information in the annual report shall be current as of the date on which the annual report is executed on behalf of a domestic limited liability company or a foreign limited liability company, except that the information required by sub. (1) (e) shall be current as of the close of the domestic limited liability company's or foreign limited liability company's fiscal year immediately before the date by which the annual report is required to be delivered to the department.

SB436,166,2 (4) If an annual report does not contain the information required by this section, the department shall promptly notify the reporting domestic limited liability company or foreign limited liability company in writing and return the report to it for correction.

Note: The stricken language was inserted by 1995 Wis. Act 27, s. 4798b without being shown as underscored. The original governor's budget contained the references to domestic limited liability companies which are stricken here. Those references were subsequently deleted. Section 4798b was added to Act 27 by amendment. That amendment was drafted using the original language, and the references to domestic companies were inadvertently retained.

SB436, s. 424 Section 424. 183.0120 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 4798b, is repealed.

Note: See the note to the treatment of s. 183.0120 (1) (intro.), (2) and (4) by this bill.

SB436, s. 425 Section 425. 183.0120 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 4798b, is renumbered 183.0120 (3).

Note: This provision is renumbered consistent with the treatment by the previous section of this bill.

SB436, s. 426 Section 426. 184.04 of the statutes is renumbered 184.04 (1) (intro.) and amended to read:

SB436,166,12 184.04 (1) (intro.) No securities shall be issued by any public service corporation except for money, property or services actually received by it. The amount of money, and the value of the property or the services to be so received shall be:

SB436,166,13 (a) in In case of stock having a par value, not less than the par value thereof;

SB436,166,15 (b) in In case of stock having no par value, not less than the amount specified in the commission's certificate of authority as the selling price of such the stock; and

SB436,166,18 (c) in In case of evidences of indebtedness, such a sum as that the commission may determine determines to be a reasonable price, but in any event not less than 75% of their face value.

SB436,167,9 (2) The limitations of this section shall not apply to the sale of evidences of indebtedness of a public service corporation by way of enforcement of a pledge of such the evidences of indebtedness, made by the corporation pursuant to a certificate of authority issued by the commission, as security for lawful indebtedness of the corporation; but in all such cases the instrument of pledge shall contain a provision to the effect that none of the pledged securities shall be sold or become the absolute property of the pledgee, either directly or indirectly, except at public sale, notice whereof shall be published as a class 3 notice, under ch. 985, in the place where such the sale shall take place, and further to the effect that the sale shall not be made below the price fixed therefor by the commission in its certificate authorizing the pledging of such the securities.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

SB436, s. 427 Section 427. 184.06 (1) of the statutes is renumbered 184.06 (1) (a) (intro.) and amended to read:

SB436,167,17 184.06 (1) (a) (intro.) Upon the conclusion of its investigation, if the commission shall find that the proposed issue complies with the provisions of this chapter and that the financial condition, plan of operation and proposed undertakings of the corporation are such as to will afford reasonable protection to purchasers of the securities to be issued, it the commission shall issue to the corporation a certificate of authority stating all of the following:

SB436,167,19 (1). The amount of securities reasonably necessary and the character of the same;( securities.

SB436,167,21 2) the. The purposes for which they the securities are to be issued in such detail as the commission may deem consider necessary; and (.

SB436,168,3 3) the. The terms on which they the securities are to be sold or otherwise disposed of, including a description and a determination of the value of any property or services to be received in partial or full payment therefor; and the.

SB436,168,5 (b) A corporation shall not issue the securities on any other terms or for any other purposes than that stated in such the certificate issued under par. (a).

SB436,168,15 (c) If any portion of the securities authorized by the certificate are evidences of indebtedness which are to be pledged to secure lawful obligations of the applicant, the commission in its certificate shall state the minimum price at which such the securities may be sold in the event of any enforcement of the pledge. If the purpose of the issue is, in whole or in part, to provide funds for properties to be constructed or acquired, the commission may, if it finds that the public interest so requires, require the applicant to impound the proceeds of such the securities, or furnish suitable bonds to guarantee the completion of such the project, under such conditions as that the commission shall find finds to be reasonable and shall specify specifies in the certificate.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

SB436, s. 428 Section 428. 185.42 (5) of the statutes is amended by replacing "originally or recorded" with "originally filed or recorded".