AB970: Bill Text

AB970,30,18 1. That the licensee is incompetent or .

AB970,30,20 2. That the licensee has made material false statements in order to obtain a license or.

AB970,30,22 3. That the licensee has knowingly or carelessly issued any false or improper certificate of grade or.

AB970,31,2 4. That the licensee has accepted money or other consideration, directly or indirectly, as compensation for any neglect or improper performance of duty or.

AB970,31,4 5. That the licensee has violated chs. 93 to 100 or any regulation made thereunder under chs. 93 to 100.

AB970,31,6 (b) The department may, without hearing, suspend such a licensee's right to act under this section for a period not exceeding ten 10 days, pending investigation.

AB970,31,9 (c) The department may restore the license of any person whose license has been revoked, where under this subsection if the person gives satisfactory evidence warranting such restoration.

Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.

AB970, s. 43 Section 43. 93.21 (4) of the statutes is amended to read:

AB970,31,16 93.21 (4) Failure to obey orders. Any person who wilfully violates s. 93.14 (3) or 93.15 (3), or who wilfully violates or refuses, neglects or fails to obey any order or regulation made issued under s. 93.06 (3), shall, for each offense, be punished by a fine of fined not more than five thousand dollars or by imprisonment in the county jail $5,000 or imprisoned for not more than one year, in the county jail or by both such fine and imprisonment.

Note: Replaces word form of numbers with digits, and replaces and deletes language for greater readability and conformity with current style. Section 93.06 (3) authorizing the issuance of orders does not provide for the making of regulations.

AB970, s. 44 Section 44. 94.27 of the statutes is amended to read:

AB970,32,8 94.27 Liability for damages. The Any person so building or maintaining any such who builds or maintains any dam or constructing or keeping constructs or keeps open any such ditch or drain shall be under s. 94.26 is liable to the persons whose lands are overflowed or otherwise injured by such the dam, ditch or drain for the full sum of damages so sustained, which shall be ascertained under s. 94.28 and recovered in the manner following and not otherwise. If the person claiming any such damages cannot agree with the person liable to pay the same, the person claiming the damages shall select one disinterested arbitrator and give notice thereof to the person from whom such damages are claimed, who shall, within ten days after the receipt of such notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining such dams, ditches or drains, and give notice thereof to the claimant and to each of the persons so selected as arbitrators under ss. 94.28 to 94.30.

Note: The deleted material is recreated as s. 94.28 (1) for more logical placement. See the creation of s. 94.28 (1) by this bill.

AB970, s. 45 Section 45. 94.28 of the statutes is renumbered 94.28 (2) (a) (intro.) and amended to read:

AB970,32,13 94.28 (2) (a) (intro.) The persons selected as arbitrators under sub. (1) shall, within twenty 20 days after such notice, appoint some of their appointment, do all of the following:

AB970,32,15 1. Appoint a disinterested third 3rd person to act as arbitrator with them and fix.

AB970,32,17 2. Fix a time and place at which the arbitrators shall meet to determine the claimant's damages which the claimant ought to have, and give.

AB970,32,19 3. Give notice thereof of the appointment of the 3rd arbitrator and the time and place of hearing to the parties interested parties.

AB970,33,6 (b) At the time and place so fixed under par. (a) 2., the arbitrators shall view the premises and hear the proofs and allegations of the parties, and within ten. Within 10 days thereafter, the arbitrators, or any two 2 of them, shall make duplicate statements of the proceedings had by them and of the amount by them ordered to that they order to be paid to the claimant for the claimant's damages and the amount to be paid by the respective parties for their the arbitrators' fees and the costs of such the proceedings, and. The arbitrators shall deliver to each party a copy thereof of the statement and order to each party. Within twenty 20 days thereafter, the amount so ordered shall be paid by the party of whom required unless an appeal be is taken as hereinafter provided under s. 94.29.

Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.

AB970, s. 46 Section 46. 94.28 (1) of the statutes is created to read:

AB970,33,15 94.28 (1) If a person claiming damages from a dam, ditch or drain cannot agree with the person liable to pay the damages under s. 94.27, the damage claimant shall select one disinterested arbitrator and give notice of the selection to the person against whom the damages are claimed. The person from whom damages are claimed shall, within 10 days after receipt of the notice, select another disinterested arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches or drains, and give notice of the selection to the claimant and to the persons selected as arbitrators.

Note: Moves the material deleted from s. 94.27 by this bill to s. 94.28 (1) for more logical placement.

AB970, s. 47 Section 47. 94.30 of the statutes is renumbered 94.30 (1) and amended to read:

AB970,34,6 94.30 (1) If neither party appeals from such the award under s. 94.28 and the responsible party required to pay the damages shall pay pays the full amount thereof of damages and costs awarded within the time above prescribed under s. 94.28 (2) (b) or if, upon an appeal, a final judgment shall be is rendered in favor of the claimant and the defendant shall pay such responsible party pays the judgment and all costs awarded to the claimant within sixty 60 days after such entry of the final judgment, then the person so erecting or maintaining such dam or dams or constructing or maintaining such ditches or drains that responsible party shall have the perpetual right to maintain and keep the same dams, ditches or drains that caused the damage in good condition and repair; and neither. Neither the person responsible party nor the person's responsible party's assigns shall be liable to for the payment of any further damages on account thereof; and upon failure of the dams, ditches or drains.

AB970,34,10 (2) If the responsible party fails to make such payment as described in sub. (1) within the times above applicable prescribed time, the person responsible party shall forfeit all right under this chapter to maintain such the dams, ditches or drains under the foregoing provisions that caused the damage.

Note: Subdivides provision, replaces word form of numbers with digits, and replaces language and inserts cross-references for greater readability and conformity with current style.

AB970, s. 48 Section 48. 94.32 of the statutes is amended to read:

AB970,34,14 94.32 Pay of arbitrators. The arbitrators appointed under s. 94.28 shall each receive $3 per day for their services three dollars per day each, to be paid in whole or in part by either party as they shall the arbitrators determine.

Note: Replaces word form of numbers with digits, and inserts cross-references for greater readability and conformity with current style.

AB970, s. 49 Section 49. 94.72 (2) (a) 8. of the statutes is amended to read:

AB970,35,4 94.72 (2) (a) 8. In the case of mixed feeds containing more than a total of five per cent 5% of one or more mineral ingredients, or other unmixed materials used as mineral supplements, and in the case of mineral feeds, mixed or unmixed, which that are manufactured, represented and sold for the primary purposes of supplying mineral elements in rations for animals or birds, and containing that contain mineral elements generally regarded as dietary factors essential for normal nutrition, the minimum percentage of calcium (Ca), phosphorus (P), of and iodine (I) and the maximum percentage of salt (NaCl), if the same be those elements are present. Provided, that if If no nutritional properties other than those of a mineral nature be are claimed for a mineral feed product, the per centums percentages of crude protein, crude fat and crude fiber may be omitted;

Note: Replaces word form of numbers with digits.

AB970, s. 50 Section 50. 97.56 (2) of the statutes is renumbered 97.56 (2) (intro.) and amended to read:

AB970,35,8 97.56 (2) (intro.) No person shall may, with intent to defraud, sell do any of the following:

AB970,35,13 (a) Sell or expose for sale any meat or meat preparation, whether the same be raw or prepared for human consumption, and falsely represent the same meat or meat preparation to be kosher, and as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements ; nor shall any person falsely.

AB970,35,18 (b) Falsely represent any food product or the contents of any package or container to be so constituted and prepared kosher and as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements, by having or permitting to be inscribed thereon on the package or container the word "kosher" in any language; nor shall any person sell.

AB970,35,23 (c) Sell or expose for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, unless all of that person's window signs and display advertising indicate, in block letters at least four 4 inches in height, "Kosher and Nonkosher Meat Sold Here;" nor shall any person expose".

AB970,36,5 (d) Expose for sale in any show window or place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, unless the person displays over each kind of meat or meat preparation so exposed a sign in block letters at least four 4 inches in height reading "Kosher Meat,", or "Nonkosher Meat,", as the case may be.

Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.

AB970, s. 51 Section 51. 97.56 (3) of the statutes is renumbered 97.56 (3) (intro.) and amended to read:

AB970,36,9 97.56 (3) (intro.) No person, with intent to defraud, shall sell may do any of the following:

AB970,36,14 (a) Sell or expose for sale, in any restaurant or other place where food products are sold for consumption on the premises, any article of food or food preparations and that is falsely represent the same represented to be kosher and as having been prepared in accordance with the orthodox Hebrew religious requirements ; nor shall any person sell.

AB970,36,20 (b) Sell or expose for sale in any such restaurant or other place both kosher and nonkosher food or food preparations for consumption on the premises when not prepared in accordance with the Jewish ritual and not sanctioned by the Hebrew orthodox religious requirements, unless the person's window signs and display advertising state, in block letters at least 4 inches in height, "Kosher and Nonkosher Food Served Here".

Note: Subdivides provision, replaces word form of numbers with digits, and replaces language for greater readability and conformity with current style.

AB970, s. 52 Section 52. 98.13 (4) of the statutes is amended to read:

AB970,37,4 98.13 (4) Whenever milk is sold under an agreement, express or implied, that the value of the same milk shall be determined by its proportion of butter fat, the price to be paid shall be based on a three and five-tenths per cent 3.5% butter fat standard.

Note: Replaces "same" and word form of numbers with digits for greater conformity with current style.

AB970, s. 53 Section 53. 98.14 (1) of the statutes is amended to read:

AB970,37,18 98.14 (1) All bottles and pipettes used in measuring milk or milk products for making determination of the percent to determine the percentage of fat in said the milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "Sealed,", and in the side of the pipette or the side or bottom of the bottle the name, initials, or trademark of the manufacturer and the manufacturer's designating number, which designating number shall be different for each manufacturer and may be used in identifying bottles. The designating number shall be furnished by the department upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of one thousand dollars $1,000 with sureties to be approved by the attorney general, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of the department.

Note: Replaces "said" and word form of numbers with digits for greater conformity with current style.

AB970, s. 54 Section 54. 98.14 (2) of the statutes is amended to read:

AB970,38,5 98.14 (2) Any manufacturer who sells Babcock milk, cream or butter test bottles or milk pipettes, to be used for use in this state, that do not comply with the provisions of this section shall suffer the be subject to a penalty of five hundred dollars $500 to be recovered by the attorney general in an action brought in the name of the people of the state against the offender's bondsmen, to be brought in the name of the people of the state. No dealer shall use, for the purpose of determining the percent of milk fat in milk or milk products, any bottles or pipettes that do not comply with the provisions of this section relating thereto.

Note: Replaces word form of numbers with digits, reorders text and replaces language for greater readability and conformity with current style.

AB970, s. 55 Section 55. 98.14 (3) of the statutes is amended to read:

AB970,38,10 98.14 (3) The department shall prescribe specifications with which the glassware mentioned described in this section shall comply. The unit of graduation for all Babcock glassware shall be the true cubic centimeter or the weight of one gram of distilled water at four 4 degrees centigrade.

Note: Replaces word form of numbers with digits for greater conformity with current style.

AB970, s. 56 Section 56. 100.16 (1) of the statutes is amended to read:

AB970,38,18 100.16 (1) No person shall sell or offer to sell anything whatever, by the representation or pretense that a sum of money or something of value, which is uncertain or concealed, is inclosed enclosed within or may be found with or named upon the thing sold, or that will be given to the purchaser in addition to the thing sold, or by any representation, pretense or device, by which the purchaser is informed or induced to believe that money or something else of value may be won or drawn by chance by reason of such the sale.

Note: Inserts preferred spelling.

AB970, s. 57 Section 57. 100.26 (2) of the statutes is amended to read:

AB970,39,2 100.26 (2) Any person violating s. 100.02 shall be guilty of a felony and upon conviction shall be punished by a fine of fined not less than fifty dollars $50 nor more than three thousand dollars, or by imprisonment $3,000 or imprisoned for not less than thirty 30 days nor more than three 3 years, or both.

Note: Replaces word form of numbers with digits for greater conformity with current style.

AB970, s. 58 Section 58. 101.865 (2) of the statutes is amended to read:

AB970,39,8 101.865 (2) Any person who shall violate violates the provisions of this section shall be deemed is guilty of a misdemeanor and shall be punished by a fine of fined not less than twenty-five dollars $25 nor more than one hundred dollars, or by imprisonment $100 or imprisoned in the county jail for not less than thirty 30 days nor more than six 6 months.

Note: Replaces word form of numbers with digits for greater conformity with current style.

AB970, s. 59 Section 59. 102.11 (1) (g) of the statutes is amended to read:

AB970,39,16 102.11 (1) (g) If an employe is under twenty-seven 27 years of age, the employe's average weekly earnings on which to compute the benefits accruing for permanent disability or death shall be determined on the basis of the earnings that such the employe, if not disabled, probably would earn after attaining the age of twenty-seven 27 years. Unless otherwise established, said the projected earnings determined under this paragraph shall be taken as equivalent to the amount upon which maximum weekly indemnity is payable.

Note: Replaces nonspecific reference with specific reference and word form of numbers with digits for greater readability and conformity with current style.

AB970, s. 60 Section 60. 102.11 (2) of the statutes is amended to read:

AB970,40,2 102.11 (2) The average annual earnings when referred to in this chapter shall consist of fifty 50 times the employe's average weekly earnings. Subject to the maximum limitation, average annual earnings shall in no case be taken at less than the actual earnings of the employe in the year immediately preceding the employe's injury in the kind of employment in which the employe worked at the time of injury.

Note: Replaces nonspecific reference with specific reference and word form of numbers with digits for greater readability and conformity with current style.

AB970, s. 61 Section 61. 102.49 (3) of the statutes is amended to read:

AB970,40,11 102.49 (3) Where If the employe leaves a wife or husband spouse wholly dependent and also a child or children by a former marriage or adoption likewise wholly dependent, aggregate benefits shall be the same in amount as if the children child were the children of such child of the surviving spouse, and the entire benefit shall be apportioned to the dependents in such the amounts as that the department shall determine to be just, considering their the ages of the dependents and other facts factors bearing on dependency. The benefit awarded to the surviving spouse shall not exceed four 4 times the average annual earnings of the deceased employe.

Note: Replaces word form of numbers with digits and language for greater conformity with current style.

AB970, s. 62 Section 62. 102.51 (2) (b) of the statutes is amended to read:

AB970,40,16 102.51 (2) (b) Where If for eight 8 years or more prior to the date of injury a deceased employe has been a resident of the United States, it shall be conclusively presumed that no person who has remained a nonresident alien during that period is either totally or partially dependent upon the deceased employe for support.

Note: Replaces word form of numbers with digits for greater conformity with current style.

AB970, s. 63 Section 63. 103.16 of the statutes is amended to read:

AB970,41,4 103.16 (title) Seats for workers employes; penalty. Every person or corporation employer employing workers employes in any manufacturing, mechanical or mercantile establishment in the this state of Wisconsin shall provide suitable seats for the workers so employed its employes, and shall permit the use of such those seats by them its employes when they the employes are not necessarily engaged in the active duties for which they are employed. Any person or corporation employer who violates this section may be fined not less than $10 nor more than $30 for each offense.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

AB970, s. 64 Section 64. 103.17 of the statutes is amended to read:

AB970,41,14 103.17 Mutual forfeit. Any person or corporation employer engaged in manufacturing, which that requires from its employes, under penalty of forfeiture of a part of the wages earned by them, those employes, to provide a notice of intention to leave such the employer's employ , shall be liable to for the payment of a like forfeiture if the person or corporation employer discharges, without similar notice, a person in such employ except an employe, other than for incapacity or misconduct, unless except in case of a general suspension of labor in the person's or corporation's employer's shop or factory or in the department thereof wherein such of the employer's shop or factory in which the employe is engaged employed.

Note: Deletes redundant phrases and replaces language and nonspecific references with specific references for greater readability and conformity with current style.

AB970, s. 65 Section 65. 103.19 of the statutes is amended to read:

AB970,41,21 103.19 Children in shows. No license shall may be granted for a theatrical exhibition or public show in which children under fifteen 15 years of age are employed as acrobats, as contortionists or in any feats of gymnastics or equestrianism, when if, in the opinion of the board of officers authorized to grant licenses such, those children are employed in such a manner as to that may corrupt their morals or impair their physical health.

Note: Replaces language and word form of number with digits for greater readability and conformity with current style.

AB970, s. 66 Section 66. 103.37 (1) of the statutes is renumbered 103.37 (2m) and amended to read: