AB920: Bill Text

AB920,66,11 97.27 (1) (b) (intro.) "Food warehouse" means a warehouse used for the storage of food, and includes a cold storage cold-storage warehouse, frozen food frozen-food warehouse and frozen food frozen-food locker plant. "Food warehouse" does not include:

AB920,66,15 (c) "Frozen food "Frozen-food locker plant" means a warehouse in which individual locked compartments not exceeding 20 cubic feet in capacity are rented to consumers for the storage of food at temperatures at or below 5 degrees Fahrenheit.

AB920,66,17 (d) "Frozen food "Frozen-food warehouse" means a warehouse at which food is to be stored at temperatures at or below 5 degrees Fahrenheit.

Note: Corrects spelling.

AB920, s. 146 Section 146. 97.27 (5) of the statutes is renumbered 97.27 (5) (intro.) and amended to read:

AB920,66,22 97.27 (5) Rule making. (intro.) The department may promulgate rules to establish the fees required under sub. (3) or to govern the sanitary operation of food warehouses. Rules may include standards any of the following:

AB920,67,2 (a) Standards for the construction and maintenance of food storage facilities; standards.

AB920,67,4 (b) Standards for the storage, identification and handling of food; record-keeping.

AB920,67,6 (c) Record-keeping requirements to show the length of time that food is kept in storage; and freezing.

AB920,67,9 (d) Freezing and temperature requirements applicable to frozen food frozen-food warehouses, frozen food frozen-food locker plants and cold storage cold-storage warehouses.

Note: Corrects spelling, replaces punctuation and subdivides provision in outline form in conformity with current style.

AB920, s. 147 Section 147. 98.06 (2) (b) of the statutes is amended to read:

AB920,67,12 98.06 (2) (b) If a commodity is packaged in an aerosol container, it shall be sold by weight (including the propellant).

Note: Deletes unnecessary parentheses consistent with current style.

AB920, s. 148 Section 148. 99.01 (3) of the statutes is amended to read:

AB920,67,19 99.01 (3) "Public warehouse" means a warehouse that is operated by a public warehouse keeper for the storage for hire of the property of others. "Public warehouse" includes a food warehouse, as defined in s. 97.27 (1) (b), if the warehouse is operated by a public warehouse keeper on a storage for hire basis. "Public warehouse" does not include a frozen food frozen-food locker plant as defined in s. 97.27 (1) (c).

Note: Corrects spelling.

AB920, s. 149 Section 149. 99.015 of the statutes is amended to read:

AB920,67,22 99.015 Warehouses classified. For the purposes of this chapter, public warehouses are classified as follows:

AB920,68,1 (1) Class 1 warehouses have less than 10,000 square feet of floor space;.

AB920,68,2 (2) Class 2 warehouses have 10,000 square feet or over but less than 50,000;.

AB920,68,3 (3) Class 3 warehouses have 50,000 square feet or over but less than 100,000;.

AB920,68,5 (4) Class 4 warehouses have 100,000 square feet or over but less than 150,000; and.

AB920,68,6 (5) Class 5 warehouses have 150,000 square feet or over.

Note: Subdivides provision in outline form and replaces punctuation in conformity with current style.

AB920, s. 150 Section 150. 99.02 (1) of the statutes is amended to read:

AB920,68,21 99.02 (1) Application. Except as provided in sub. (2), no person may operate a warehouse, including a cold storage cold-storage warehouse, for the storage of property as bailee for hire without a public warehouse keeper's license. A person desiring a public warehouse keeper's license shall apply on a form furnished by the department and shall set forth the location, size, character and equipment of the building or premises to be used by the applicant, the kinds of goods intended to be stored, the name of each partner if a partnership or of each member if a limited liability company, the names of the officers if a corporation, and such other facts as the department requires to show that the property proposed to be used is suitable for a warehouse and that the applicant is qualified as a public warehouse keeper. Subject to s. 93.135, if the property proposed to be used is suitable for a public warehouse and the applicant is otherwise qualified, a license shall be issued upon payment of the license fee under sub. (3) and the filing of security or insurance as required under s. 99.03.

Note: Corrects spelling.

AB920, s. 151 Section 151. 99.02 (3) (d) of the statutes is renumbered 99.02 (3) (d) (intro.) and amended to read:

AB920,69,5 99.02 (3) (d) (intro.) If the department conducts a reinspection of any warehouse operated by a person licensed under this section due to any violation of any federal or state law which that the department determines in a regularly scheduled inspection of that warehouse, the department shall charge for that the license holder for the reinspection the as follows:

AB920,69,6 1. The holder of a license under par. (a) 1.,: $50;.

AB920,69,7 2. The holder of a license under par. (a) 2.,: $100;.

AB920,69,8 3. The holder of a license under par. (a) 3.,: $150;.

AB920,69,9 4. The holder of a license under par. (a) 4.,: $200; and.

AB920,69,10 5. The holder of a license under par. (a) 5.,: $250.

Note: Subdivides provision in outline form and replaces punctuation for improved readability and conformity with current style. Replaces "which" with "that" to correct grammar.

AB920, s. 152 Section 152. 106.001 (intro.) of the statutes is created to read:

AB920,69,12 106.001 Definitions. (intro.) In this subchapter:

Note: Creates title and (intro.) for new definitions section applicable to entire subchapter.

AB920, s. 153 Section 153. 106.001 (3) of the statutes is created to read:

AB920,69,15 106.001 (3) "Organization" means an organization of employes, association of employers or other similar responsible agency in this state.

Note: Defines as one word a phrase that is repeated numerous times, for improved readability.

AB920, s. 154 Section 154. 106.01 (title) of the statutes is amended to read:

AB920,69,18 106.01 (title) Designation of "indenture" and "apprentice" Apprenticeship indentures.

Note: Modernizes title of s. 106.01.

AB920, s. 155 Section 155. 106.01 (1) of the statutes is renumbered 106.001 (1) and amended to read:

AB920,70,3 106.001 (1) The term "apprentice" shall mean "Apprentice" means any person, 16 years of age or over, who shall enter into enters into an indenture with an employer or organization.

AB920,70,7 (2) "Indenture" means any contract or agreement of service, express or implied, whereby the person an apprentice is to receive from or through the person's apprentice's employer, in consideration for the person's apprentice's services in whole or in part, instruction in any trade, craft or business.

Note: Makes definition of "apprentice" applicable to entire subchapter and creates definition of "indenture" applicable to entire subchapter. Removes substantive, nondefinitional material from definition of "apprentice".

AB920, s. 156 Section 156. 106.01 (2) and (3) of the statutes are amended to read:

AB920,70,13 106.01 (2) Every contract or agreement entered into by an apprentice with an employer shall be known as an indenture; such indenture shall be in writing and shall be executed in triplicate, one copy of which. One of the triplicate originals shall be delivered to the apprentice, one to shall be retained by the employer and one to shall be filed with the department at Madison.

AB920,70,17 (3) Any Except as provided in ss. 106.02, 106.025 and 106.03, any minor, 16 years of age or over, or any adult, may, by the execution of an indenture, bind himself or herself as hereinafter provided in this section for a term of service of not less than one year.

AB920, s. 157 Section 157. 106.01 (4) (intro.) and (a) to (d) of the statutes are consolidated, renumbered 106.01 (4) and amended to read:

AB920,71,3 106.01 (4) Every indenture shall be signed: (a) By by the apprentice. (b) and the employer. If the apprentice has not reached 18 years of age 18, also by the father or mother; and if both the father and mother, the indenture shall be signed also by one of the apprentice's parents. If both parents are dead or legally incapable of giving consent, then (c) By the indenture shall be signed by the guardian of the minor, if any. (d) If there is no parent or guardian with authority to sign then or, if there is no guardian, by a deputy of the department.

Note: The existing paragraphs did not fit grammatically within the outline form used. See also the next section of this bill.

AB920, s. 158 Section 158. 106.01 (4) (e) of the statutes is repealed.

Note: The text of this paragraph is relocated within sub. (4) by the previous section of this bill for more logical placement.

AB920, s. 159 Section 159. 106.01 (5) (b) of the statutes is amended to read:

AB920,71,6 106.01 (5) (b) The date of the birth of the person indentured apprentice.

Note: Amends for consistency with definition of "apprentice" created in s. 106.001 (1).

AB920, s. 160 Section 160. 106.01 (5) (c) of the statutes is amended to read:

AB920,71,10 106.01 (5) (c) A statement of the trade, craft or business which that the apprentice is to be taught, and the time at which the apprenticeship shall will begin and end.

AB920, s. 161 Section 161. 106.01 (5) (d) of the statutes is amended to read:

AB920,71,19 106.01 (5) (d) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first 2 years of an apprenticeship, the apprentice's period of instruction shall be not less than 4 hours per week or the equivalent. If the apprenticeship is for a longer period than 2 years, the total hours of instruction shall be not less than 400 hours. The total number of hours of instruction and service work shall not exceed 55 per week; provided, , except that nothing in this paragraph shall be construed to forbid overtime work as provided in sub. (7) of this section.

Note: Amends for consistency with antecedent and for improved readability and conformity with current style.

AB920, s. 162 Section 162. 106.01 (5i) (a) of the statutes is amended to read:

AB920,72,3 106.01 (5i) (a) The proper persons described in sub. (4) (a) to (d) may enter into such an indenture with any employer or organization of employes, association of employers or other similar responsible agency in this state. Such .

AB920,72,9 (am) 1. Upon entering into an indenture, an organization, association or other agency shall thereupon, with the written consent of the other parties to the indenture, and the written acceptance thereof of the indenture by the proposed employer, assign the indenture to the proposed employer, and the proposed employer and the apprentice named in the indenture shall be bound by the terms thereof. Such of the indenture.

AB920,72,19 2. The consent and acceptance described in subd. 1. shall be executed in triplicate and one copy of each. One of the triplicate original consents and acceptances shall be delivered, respectively to the department, one to the employer and one to the apprentice, and in each case shall be attached to the proper indenture. The approval of the department shall first be had is required in each transaction. Such An organization, association or other agency that enters into an indenture under par. (a) shall have the exclusive right to assign the indenture, and the apprentice shall not be permitted to enter into any other indenture. The period transpiring before assignment to an employer shall not be credited toward the period of apprenticeship.

Note: "Organization", created as a definition by this bill, includes "association or other agency".

AB920, s. 163 Section 163. 106.01 (5i) (b) of the statutes is amended to read:

AB920,73,15 106.01 (5i) (b) Any employer that has entered into an indenture may assign the employer's indenture, with the approval of the department and the written consent of the other parties thereto, to the indenture, assign the indenture to any association of employers, organization of employes or any other similar responsible agency in this state. The period of time in which such association, the organization or other agency shall be such is the assignee shall not be credited as time served by the apprentice. After such the assignment , the association, organization or other agency shall, with the approval of the department and the written consent of the apprentice, assign reassign the indenture to an employer, but the apprentice shall not be bound by the assignment unless the assignee employer accepts, by the employer's signed instruments, the terms of the indenture and that the employer will complete the employer's agrees to perform the unperformed obligations thereunder; each such of the indenture. The consent and acceptance shall be executed in triplicate and one of each, respectively,. One of the triplicate original consents and acceptances shall be delivered to the department, one to the assignee employer and one to the apprentice, and in each case shall be attached to the proper indenture. Upon acceptance the of the indenture, the assignee employer shall for all purposes be deemed considered a party to the indenture.

AB920, s. 164 Section 164. 106.01 (5i) (c) of the statutes is amended to read:

AB920,74,3 106.01 (5i) (c) Any employer that has entered into an indenture may, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, may assign such the indenture to another employer whose written acceptance shall be executed upon the instrument of consent. One copy of such consent and acceptance of the triplicate original consents and acceptances shall be delivered, respectively, to the apprentice, one to the assignee employer and one to the department, and shall in each case be attached to the indenture in their respective possessions each party's possession. After assignment, the new assignee employer shall perform the unperformed obligations of the indenture. The department shall continue to have jurisdiction over the an indenture assigned pursuant to under this subsection paragraph and the parties bound after such the assignment.

AB920, s. 165 Section 165. 106.01 (5j), (5k), (6), (8), (9) and 10 of the statutes are amended to read:

AB920,74,15 106.01 (5j) The department may, and it shall have power on its own motion, or on the complaint of any person, after due notice and a hearing had, make findings and issue orders declaring any indenture, contract or agreement at an end if it shall be is proved at such the hearing that any apprentice, employer or such organization, association or other agency that is a party to the indenture is unable to continue with the obligations under the contract indenture or has breached the same indenture. Upon the termination of the indenture, the released apprentice released therefrom shall be free to enter into a new indenture under such any terms and conditions and terms as approved by the department may approve and which that are not inconsistent with this section.

AB920,74,18 (5k) The department shall, upon request, furnish a copy of any instrument required to be filed with it under this section, to any party whose name appears on such the requested instrument.

AB920,74,24 (6) The An employer shall pay for the time the an apprentice is receiving related instruction for no fewer hours than specified in sub. (5) (d) at the same rate per hour as for services. Nothing herein shall This subsection does not prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required by statute. Attendance at school shall be certified by the teacher in charge.

AB920,75,6 (8) If either party to an indenture shall fail fails to perform any of the stipulations thereof of the indenture, the nonperforming party shall forfeit not less than one dollar nor more than $100, such forfeiture which is to be collected on complaint of the department, and paid into the state treasury. Any indenture may be annulled by the department upon application of either party and good cause shown.

AB920,75,17 (9) It shall be the duty of the The department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and may investigate, fix such reasonable classifications and to, issue rules and regulations, and general or special orders and to, hold hearings and, make findings and render orders thereon upon its findings as shall be necessary to carry out the intent and purposes of s. 106.01. Such hearings, this section. The investigations, classifications, hearings, findings and orders shall be made as provided in s. 103.005 and. Except as provided in sub. (8), the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violations of s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said orders shall be this section. Orders issued under this subsection are subject to review in the manner provided in under ch. 227.

AB920,75,21 (10) It shall be the duty of all school officers and public school teachers to cooperate with the department and employers of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, such any instruction as that may be required to be given apprentices.

AB920, s. 166 Section 166. 106.02 of the statutes is amended to read:

AB920,76,4 106.02 Carpenters' apprentices. After July 1, 1943, every Every person, regardless of age, commencing a carpentry apprenticeship, shall be indentured enter into an indenture under and be subject to s. 106.01, except that if the apprentice is 18 years or more of age the apprentice's signature only shall be necessary to bind the apprentice. Such A carpentry apprenticeship shall be for a period of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend such that term for not to exceed up to one additional year.

Note: Amends language to conform to the creation of the definition of "indenture" in s. 106.001 (2). Also deletes or replaces obsolete language for improved readability and consistency with current style.

AB920, s. 167 Section 167. 106.025 (2) of the statutes is amended to read:

AB920,76,9 106.025 (2) Every person commencing a plumbing apprenticeship shall be indentured enter into an indenture under s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer or both extend the term for up to one additional year.

Note: Amends language to conform to the creation of the definition of "indenture" in s. 106.001 (2).

AB920, s. 168 Section 168. 108.02 (2) (dm) of the statutes is amended to read:

AB920,76,14 108.02 (2) (dm) In the employ of a group of operators of farms (, or a cooperative organization of which such operators of farms are members), in the performance of service described in par. (d), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.