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1. An individual who is receiving training as a crane operator, if the individual is under the direct supervision of a crane operator who holds a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).
2. An individual who is a member of a uniformed service, as defined in s. 6.22 (1) (c), or who is a member of the U.S. merchant marine, if the individual is performing work for the uniformed service of which the individual is a member or for the U.S. merchant marine, respectively.
3. An individual who is operating a crane for personal use on a premises that is owned or leased by the individual.
4. An individual who is operating a crane in an attempt to remedy an emergency.
5. An individual who is an employee or subcontractor of a public utility, as defined in s. 196.01 (5), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only, a telecommunications carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as defined in s. 196.01 (2g), or an alternative telecommunications utility under s. 196.01 (1d) (f), and who is operating a crane within the scope of his or her employment or contract.
6. An individual who is operating a crane in the construction, operation, or maintenance of an electric substation.
7. An individual who is affected by a collective bargaining agreement that contains provisions that are inconsistent with sub. (2) (a).
(6) Penalties. Any person who violates sub. (2) may be fined not more than $500 or imprisoned for not more than 3 months or both.
16,2490r Section 2490r. 101.563 of the statutes is created to read:
101.563 Administration of fire dues program pending rule changes. (1) Entitlement to dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as provided in sub. (3), the department may not withhold payment of fire department dues under ss. 101.573 and 101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive fire department dues.
(2) Distribution of dues. Notwithstanding s. 101.573 (3) (a) and except as provided in sub. (3), on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to fire department dues as provided under sub. (1) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each city, village, and town that is entitled to fire department dues as provided under sub. (1) and s. 101.575.
(3) Sunset provision. (a) This section does not apply on or after the date on which changes to the rules of the department of commerce relating to eligibility to receive payments of fire department dues first take effect, if all of the following are satisfied:
1. The changes are promulgated in consultation with the representatives of the Wisconsin fire service and volunteer fire departments in this state.
2. The changes are based on recommendations of the joint legislative audit committee that are derived from a legislative audit bureau performance evaluation audit of the department that relates to the payment of fire department dues and that is conducted at the direction of the joint legislative audit committee.
3. The changes are approved by the joint legislative audit committee before the date on which the changes take effect.
(b) When filing rules that are promulgated and approved in satisfaction of par. (a) 1. to 3. with the revisor of statutes under s. 227.20, the department shall include a separate statement indicating that the rules were promulgated and approved in satisfaction of par. (a) 1. to 3.
16,2495m Section 2495m. 101.573 (4) of the statutes is amended to read:
101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.
16,2497m Section 2497m. 101.575 (1) (am) of the statutes is amended to read:
101.575 (1) (am) If the department determines that a city, village, or town fire department has failed to satisfy the requirements of this subsection or subs. (3) to (6), the department shall notify the chief of the fire department, the governing body, and the highest elected official of the city, village, or town, in writing, that the fire department has 30 days to demonstrate to the department that the failure has been corrected. If the fire department makes this demonstration within the 30-day period, the department shall pay dues for that calendar year to the city, village, or town. If the fire department fails to make this demonstration within the 30-day period, the department shall nonetheless pay dues for that calendar year to that city, village, or town. The department and shall issue a notice of noncompliance to the chief of the fire department, the governing body, and the highest elected official of the city, village, or town. If the fire department cannot demonstrate to the department that the fire department has met all requirements within one year after receipt of the notice of noncompliance or prior to the next audit by the department, whichever is later, the city, village, or town shall not be entitled to dues under par. (a) for that year in which the city, village, or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met.
16,2532 Section 2532. Subchapter V (title) of chapter 101 [precedes 101.91] of the statutes is amended to read:
CHAPTER 101
SUBCHAPTER V
Manufactured homes and mobile homes;
regulation of manufacturers
16,2533 Section 2533. 101.91 (2b) of the statutes is renumbered 101.91 (3).
16,2534 Section 2534. 101.91 (2d) of the statutes is renumbered 101.91 (4).
16,2535 Section 2535. 101.91 (2f) of the statutes is renumbered 101.91 (5m).
16,2536 Section 2536. 101.91 (2h) of the statutes is renumbered 101.91 (9).
16,2537 Section 2537. 101.91 (2k) of the statutes is renumbered 101.91 (10).
16,2538 Section 2538. 101.91 (5) of the statutes is renumbered 101.91 (11).
16,2539 Section 2539. 101.91 (6) of the statutes is renumbered 101.91 (12).
16,2539c Section 2539c. 101.9203 (1) of the statutes is amended to read:
101.9203 (1) The Except as provided in subs. (3) and (4), the owner of a manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home.
16,2539d Section 2539d. 101.9203 (4) of the statutes is created to read:
101.9203 (4) The owner of a manufactured home that is situated in this state or intended to be situated in this state is not required to make application for a certificate of title under s. 101.9209 if the owner of the manufactured home intends, upon acquiring the manufactured home, to permanently affix the manufactured home to land that the owner of the manufactured home owns.
16,2539k Section 2539k. 101.9208 (1) (b) of the statutes is amended to read:
101.9208 (1) (b) Upon filing an application under par. (a) or (d) before the first day of the 2nd month beginning after September 1, 2000, an environmental impact fee of $5, by the person filing the application. Upon filing an application under par. (a) or (d) on or after September 1, 2000, an environmental impact fee of $6 $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This paragraph does not apply after December 31, 2003.
16,2539n Section 2539n. 101.9209 (1) (a) of the statutes is amended to read:
101.9209 (1) (a) If an owner transfers an interest in a manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee. This paragraph does not apply if the owner has no certificate of title as a result of the exemption under s. 101.9203 (4).
16,2539nc Section 2539nc. 101.9209 (2) of the statutes is amended to read:
101.9209 (2) Promptly Except as otherwise provided in this subsection, promptly after delivery to him or her of the manufactured home, the transferee shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to the department. This subsection does not apply to a transferee who is exempt from making application for a certificate of title under s. 101.9203 (4).
16,2539nf Section 2539nf. 101.9209 (3) of the statutes is amended to read:
101.9209 (3) A transfer by an owner is not effective until the applicable provisions of this section have been complied with. An owner who has delivered possession of the manufactured home to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from use of the mobile home.
16,2539nh Section 2539nh. 101.9209 (5) (a) and (b) of the statutes are amended to read:
101.9209 (5) (a) Any transferee of a mobile manufactured home who fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be required to forfeit not more than $200.
(b) Any transferee of a manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be fined not more than $1,000 or imprisoned for not more than 30 days or both.
16,2539nj Section 2539nj. 101.921 (1) (a) of the statutes is amended to read:
101.921 (1) (a) Except as provided in par. (b), if a manufactured home dealer acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment, the manufactured home dealer may not submit to the department the certificate of title or application for certificate of title naming the manufactured home dealer as owner of the manufactured home. Upon transferring the manufactured home to another person, the manufactured home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the manufactured home dealer for transmittal to the department when required. The Unless the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4), the manufactured home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the manufactured home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4). A nonresident who purchases a manufactured home from a manufactured home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the manufactured home in this state unless the manufactured home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The manufactured home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The manufactured home dealer is liable for any damages incurred by the department or any secured party for the manufactured home dealer's failure to perfect a security interest that the manufactured home dealer had knowledge of at the time of sale.
16,2539nL Section 2539nL. 101.9211 (1) of the statutes is amended to read:
101.9211 (1) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee shall, except as provided in sub. (2), promptly mail or deliver to the department the last certificate of title, if available, and the any documents required by the department to legally effect such transfer, and. The transferee shall also promptly mail or deliver to the department an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4).
16,2539nn Section 2539nn. 101.9211 (2) of the statutes is amended to read:
101.9211 (2) If the interest of the owner is terminated or the manufactured home is sold under a security agreement by a secured party named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, unless there is no certificate of title as a result of the exemption under s. 101.9203 (4), an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4), and a statement made by or on behalf of the secured party that the manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement.
16,2539np Section 2539np. 101.9211 (4) (a) 2. of the statutes is amended to read:
101.9211 (4) (a) 2. The title executed by such administrator, executor, guardian or trustee, except that this subdivision does not apply if there is no certificate of title as a result of the exemption under s. 101.9203 (4).
16,2539nr Section 2539nr. 101.9211 (4) (b) 1. (intro.) of the statutes is amended to read:
101.9211 (4) (b) 1. (intro.) The Except as provided under subd. 1m., the department shall transfer the decedent's interest in any manufactured home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse that states all of the following:
16,2539nt Section 2539nt. 101.9211 (4) (b) 1m. of the statutes is created to read:
101.9211 (4) (b) 1m. The department may not require a surviving spouse to provide an executed title to a manufactured home under subd. 1. if the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4).
16,2539nv Section 2539nv. 101.9211 (4) (b) 2. of the statutes is amended to read:
101.9211 (4) (b) 2. The transfer of a manufactured home under this paragraph shall not affect any liens upon the manufactured home.
16,2539nw Section 2539nw. 101.9212 (1) and (2) of the statutes are amended to read:
101.9212 (1) The Except as otherwise provided in this subsection, the department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by law, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner. The department may not require a person to provide a properly assigned certificate of title if the manufactured home for which the new certificate of title is requested has no certificate of title as a result of the exemption under s. 101.9203 (4).
16,2539ny Section 2539ny. 101.9218 (2) of the statutes is amended to read:
101.9218 (2) Fixtures excluded. Notwithstanding ss. 101.921 to 101.9217, the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests does not apply to a manufactured home that is a fixture to real estate or to a manufactured home that the owner intends, upon acquiring, to permanently affix to land that the owner of the manufactured home owns.
16,2540 Section 2540. 101.93 (title) of the statutes is repealed and recreated to read:
101.93 (title) Plumbing in manufactured homes.
16,2540m Section 2540m. 101.935 (2) (c) 2. of the statutes is amended to read:
101.935 (2) (c) 2. The department shall establish by rule the permit fee and renewal fee for a permit issued under this subsection. Beginning in fiscal year 2002-03, the department may increase the fees to recover the cost of administering s. 101.937. An additional penalty fee, as established by the department by rule, is required for each permit if the biennial renewal fee is not paid before the permit expires.
16,2541 Section 2541. 101.937 (title) of the statutes is created to read:
101.937 (title) Water and sewer service to manufactured home parks.
16,2544m Section 2544m. 102.29 (8r) of the statutes is amended to read:
102.29 (8r) No participant in a food stamp employment and training program under s. 49.124 (1m) 49.13 who, under s. 49.124 (1m) 49.13 (2) (d), is provided worker's compensation coverage by the department or by a Wisconsin works agency, as defined in s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.
16,2557 Section 2557. 103.49 (1) (f) of the statutes is amended to read:
103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes the University of Wisconsin Hospitals and Clinics Authority and the Fox River Navigational System Authority.
16,2558 Section 2558. 103.49 (2) of the statutes is amended to read:
103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition of any project of public works, except contracts for the construction or maintenance of public highways, streets, and bridges, to which the state, or any state agency or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area wherein such project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.
16,2558i Section 2558i. 103.49 (3) (ag) of the statutes is created to read:
103.49 (3) (ag) In defining under par. (a) the trades or occupations that are commonly employed on projects that are subject to this section, the department:
1. May not define swimming pool installer as a separate trade or occupation for purposes of determining the prevailing wage rates for the trades or occupations that are commonly employed in the construction of swimming pools.
2. Shall define metal building assembler as a separate trade or occupation for purposes of determining the prevailing wage rates for that trade or occupation and shall include among the typical duties of the trade or occupation reroofing and repairing existing prefabricated, packaged metal buildings and constructing prefabricated, packaged metal additions to existing prefabricated, packaged metal buildings.
16,2558j Section 2558j. 103.49 (3) (ar) of the statutes is amended to read:
103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a in determining prevailing wage rates under par. (a) or (am) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.
16,2558m Section 2558m. 103.49 (5) (a) of the statutes is amended to read:
103.49 (5) (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. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m).
16,2559 Section 2559. 103.49 (7) (a) of the statutes is amended to read:
103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.
16,2559d Section 2559d. 103.50 (6m) of the statutes is created to read:
103.50 (6m) Records; inspection. 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. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this subsection. Before permitting the inspection and copying of a record under this subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m).
16,2559g Section 2559g. 103.64 (1m) of the statutes is created to read:
103.64 (1m) "Farming" has the meaning given in s. 102.04 (3).
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