AB969: Bill Text

AB969, s. 27 Section 27. 45.365 (1) (am) of the statutes, as created by 1999 Wisconsin Act 63, is amended to read:

AB969,10,11 45.365 (1) (am) The department shall operate the home, and employ a commandant and the officers, nurses, attendants and other personnel necessary for the proper conduct of the home. In compliance with the compensation plan established pursuant to s. 230.12 (3), the commandant may recommend to the director of personnel charges for meals, living quarters, laundry and other services furnished to employes and members of the employes' family maintained at the home. Complete personal maintenance and medical care to include programs and facilities which that promote comfort, recreation, well-being or rehabilitation shall be furnished to all members of the home under the policy of the department.

Note: Replaces "which" with "that" to correct grammar.

AB969, s. 28 Section 28. The treatment of 45.37 (4) (c) 1m. c. of the statutes by 1999 Wisconsin Act 63, section 36, is not repealed by 1999 Wisconsin Act 83, section 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 45.37 (4) (c) 1m. c. reads:

c. Surviving spouses of eligible veterans shall be given 3rd priority for admission to the home.

AB969, s. 29 Section 29. The treatment of 45.37 (4) (c) 1m. d. of the statutes by 1999 Wisconsin Act 63, section 36, is not repealed by 1999 Wisconsin Act 83, section 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 45.37 (4) (c) 1m. d. reads:

d. Parents of eligible veterans shall be given 4th priority for admission to the home.

AB969, s. 30 Section 30. 46.705 of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1999.

AB969, s. 31 Section 31. 48.355 (2) (b) 4m. of the statutes, as created by 1999 Wisconsin Act 103, is amended to read:

AB969,11,15 48.355 (2) (b) 4m. If the child is placed outside the home and if the child's parent has not already provided a statement of income, assets, debts and living expenses to the county department or, in a county having a population of 500,000 or more, the department under s. 48.30 (6) (b) or (c) or 48.31 (7) (b) or (c), an order for the parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the child.

Note: Inserts missing article.

AB969, s. 32 Section 32. 48.685 (2) (b) 1. (intro.) of the statutes, as affected by 1999 Wisconsin Acts 9 and 32, is amended to read:

AB969,11,19 48.685 (2) (b) 1. (intro.) , and Every entity shall obtain all of the following with respect to a caregiver of the entity:

Note: The stricken language was inserted by 1999 Wis. Act 32, but rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 33 Section 33. 48.685 (3) (a) of the statutes, as affected by 1999 Wisconsin Acts 9 and 32, is amended to read:

AB969,12,7 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity, for all persons sub. (2) who are nonclient residents of an entity and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.

Note: The stricken language was inserted by 1999 Wis. Act 32, but rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 34 Section 34. The treatment of 48.715 (6) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 48.715 (6) reads:

(6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB969, s. 35 Section 35. The treatment of 49.857 (1) (d) 12. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 49.857 (1) (d) 12. reads:

12. A license or certificate of registration issued under ss. 138.09, 138.12, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.93 or subch. III of ch. 551.

AB969, s. 36 Section 36. 50.035 (3) (a) of the statutes, as affected by 1999 Wisconsin Acts 32 and 103, is amended to read:

AB969,13,6 50.035 (3) (a) The person responsible for managing a Class C community-based residential facility, or that person's agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A community-based residential facility, or that person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility. HFS 83.05

Note: The stricken language was inserted by 1999 Wis. Act 32 but was rendered surplusage by the treatment of this provision by 1999 Wis. Act 103.

AB969, s. 37 Section 37. 50.065 (3) (a) of the statutes, as affected by 1999 Wisconsin Acts 9 and 32, is amended to read:

AB969,13,12 50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed to operate an entity and for all persons sub. (2) who are nonclient residents of an entity.

Note: The stricken language was inserted by 1999 Wis. Act 32, but rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 38 Section 38 . 66.0201 (2) (b) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 33, is renumbered 66.0201 (2) (dm).

Note: Moves definition to place it in alphabetical order consistent with current style.

AB969, s. 39 Section 39. 66.0201 (2) (e) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 33, is renumbered 66.0201 (2) (bm).

Note: Moves definition to place it in alphabetical order consistent with current style.

AB969, s. 40 Section 40. 66.0203 (2) (c) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 36, is amended to read:

AB969,14,8 66.0203 (2) (c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached to the petition a scale map reasonably showing the boundaries of the territory; specify the current resident population of the territory by number in accordance with the definition given in s. 66.0201 (2) (b) (dm); set forth facts substantially establishing the required standards for incorporation; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.

Note: Changed cross-reference to accommodate the renumbering of s. 66.0201 (2) (b). See Section 38 of this bill.

AB969, s. 41 Section 41. 66.0225 (title) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 71, is amended to read:

AB969,14,11 66.0225 (title) Municipal boundaries, fixed by judgment.

Note: 1999 Wis. Act (ab 710) showed the previously existing comma as underscored when striking was intended.

AB969, s. 42 Section 42. 66.0295 (4) (b) 5. and 6. of the statutes, as created by 1999 Wisconsin Act .... (Assembly Bill 872), are renumbered 66.1001 (4) (b) 5. and 6.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act (ab 710), section 74, renumbered the remainder of s. 66.0295 to become s. 66.1001.

AB969, s. 43 Section 43. 66.04 (1a) of the statutes, as created by 1999 Wisconsin Act 65, is renumbered 66.0603 (1g).

Note: Section 66.04 (1a) contains the definition of "governing board", which is used in s. 66.0603 (1) (a), as renumbered from s. 66.04 (2) (a) by 1999 Wis. Act (ab 710). This provision is renumbered to accommodate the placement of the definition as the first subsection of s. 66.0603 in accordance with current style. See also the next section of this bill.

AB969, s. 44 Section 44 . 66.0603 (1) of the statutes, as affected by 1999 Wisconsin Act 65, sections 16 and 17, and 1999 Wisconsin Act .... (Assembly Bill 710), section 92, is renumbered 66.0603 (1m). The treatment of of 66.0603 (1m) (a) (intro.), as renumbered, by 1999 Wisconsin Act 65, is not repealed by Wisconsin Act .... (Assembly Bill 710). Both treatments stand.

Note: This provision is renumbered to accommodate the placement by the previous section of this bill of a definition as the first subsection of the section, in accordance with current style. As affected by 1999 Wis. Acts 65 and (ab 710), effective 1-1-01, s. 66.0603 (1m) (a) (intro.) reads:

(a) A county, city, village, town, school district, drainage district, technical college district or other governing board may invest any of its funds not immediately needed in any of the following:

AB969, s. 45 Section 45. The treatment of 66.0621 (1) (a) of the statutes by 1999 Wisconsin Act 65, section 18, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 175. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0621 (1) (a) reads:

(a) "Municipality" means a city, village, town, county, commission created by contract under s. 66.0301, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 200.01 to 200.15 and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local cultural arts district created under subch. V of ch. 229 or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.

AB969, s. 46 Section 46. 66.0821 (2) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 32, section 149, and 1999 Wisconsin Act .... (Assembly Bill 710), section 216, is amended to read:

AB969,15,15 66.0821 (2) (a) 1. In addition to all other methods provided by law, a municipality may construct, acquire or lease, extend or improve any plant and equipment within or without its corporate limits for the collection, transportation, storage, treatment and disposal of sewage or storm water and surface water, including necessary lateral, main and interceptor sewers, and a town, village or city may arrange for the service to be furnished by a metropolitan sewerage district or joint sewerage system. or or

Note: The stricken language was inserted by 1999 Wis. Act 32, but was rendered surplusage by the treatment of this provision by 1999 Wis. Act (ab 710). 1999 Wisconsin Act (ab 710) also indicated the replacement of "such" that had already been replaced by 1997 Wis. Act 53.

AB969, s. 47 Section 47. 66.0821 (5) (a) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 226, is amended to read:

AB969,16,22 66.0821 (5) (a) If a user of a service complains to the public service commission that rates, rules and practices are unreasonable or unjustly discriminatory, or if a holder of a mortgage or revenue bond or mortgage certificate or other evidence of debt, secured by a mortgage on the sewerage system or any part of the system or pledge of the income of sewerage service charges, complains that rates are inadequate, the public service commission shall investigate the complaint. If there appears to be sufficient cause for the complaint, the commission shall set the matter for a public hearing upon 10 days' notice to the complainant and the town, village or city. After the hearing, if the public service commission determines that the rates, rules or practices complained of are unreasonable or unjustly discriminatory, it shall determine and by order fix reasonable rates, rules and practices and may make any other order respecting the complaint that is just and reasonable, including, in the case of standby charges imposed under sub. (4) (c), an order that a municipality refund to the user any amount of the standby charges that have been collected if the user has filed a complaint with the public service commission not later than 60 days after receiving the original notice of charge or after receiving a notice of charge that relates to an increased standby charge. The proceedings under this paragraph are governed, to the extent applicable, by ss. 196.26 to 196.40. The commission shall bill any expense of the commission attributable to a proceeding under this paragraph to the town, village or city under s. 196.85 (1).

Note: The underscored language was inserted by 1997 Wis. Act 53, but was inadvertently not included in 1999 Wis. Act (ab 710).

AB969, s. 48 Section 48. 66.0817 (6) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 190, is amended to read:

AB969,17,11 66.0817 (6) If the municipality has revenue or mortgage bonds outstanding relating to the utility plant and which by their terms may not be redeemed concurrently with the sale or lease transaction, an escrow fund with a domestic bank as trustee may be established for the purpose of holding, administering and distributing that portion of the sales or lease proceeds necessary to cover the payment of the principal, any redemption premium and interest which will accrue on the principal through the earliest retirement date of the bonds. During the period of the escrow arrangement the funds may be invested in securities or other investments as described in s. 66.0603 (1) (1m).

Note: Changed cross-reference to accommodate the renumbering of s. 66.0603 (1). See Section 44 of this bill.

AB969, s. 49 Section 49. 66.0823 (5) (q) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 212, is amended to read:

AB969,17,17 66.0823 (5) (q) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities and other investments as the authority deems proper in accordance with s. 66.0603 (1) (1m).

Note: Changed cross-reference to accommodate the renumbering of s. 66.0603 (1). See Section 44 of this bill.

AB969, s. 50 Section 50. 66.0901 (5) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 331, is amended to read:

AB969,18,17 66.0901 (5) Corrections of errors in bids. If a person submits a bid or proposal for the performance of public work under any public contract to be let by a municipality and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder may not bid upon the public contract unless it is readvertised and relet upon the readvertisement. If a bidder makes an error, omission or mistake and discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality clear and satisfactory evidence of the mistake, omission or error and that it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans or specifications, and in conforming with the provisions of this section. If the discovery and notice of a mistake, omission or error causes a forfeiture, the bidder may not recover the moneys or certified check forfeited as liquidated damages unless it is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

Note: The stricken comma was deleted by 1999 Wis. Act (ab 710) without being shown as stricken. The change was intended.

AB969, s. 51 Section 51. The treatment of 66.0903 (3) (am) of the statutes by 1999 Wisconsin Act 70, section 2, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (3) (am) reads:

(am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

AB969, s. 52 Section 52. The treatment of 66.0903 (3) (bm) of the statutes by 1999 Wisconsin Act 70, section 4, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (3) (bm) reads:

(bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB969, s. 53 Section 53. The treatment of 66.0903 (9) (c) of the statutes by 1999 Wisconsin Act 70, section 12, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (9) (c) reads:

(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of the final payment.

AB969, s. 54 Section 54. The treatment of 66.0903 (10) (a) of the statutes by 1999 Wisconsin Act 70, section 13, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (10) (a) reads:

(a) Each contractor, subcontractor or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.

AB969, s. 55 Section 55. The treatment of 66.0903 (10) (b) of the statutes by 1999 Wisconsin Act 70, section 14, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (10) (b) reads:

(b) The department or the contracting local governmental unit may demand and examine, and every contractor, subcontractor and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records.

AB969, s. 56 Section 56. The treatment of 66.0903 (11) (a) of the statutes by 1999 Wisconsin Act 70, section 17, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (a) reads:

(a) Any contractor, subcontractor or contractor's or subcontractor's agent, who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, is liable to any affected employe in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employe for and in behalf of that employe and other employes similarly situated. No employe may be a party plaintiff to the action unless the employe consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB969, s. 57 Section 57. The treatment of 66.0903 (11) (b) 2. of the statutes by 1999 Wisconsin Act 70, section 18, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (b) 2. reads:

2. Whoever induces any person who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment or by any other means is guilty of an offense under s. 946.15 (1).

AB969, s. 58 Section 58. The treatment of 66.0903 (11) (b) 4. of the statutes by 1999 Wisconsin Act 70, section 19, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.