AB40: Bill Text

AB40,891,24 2. Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under par. (b) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

AB40,892,3 (7) Judicial review. Any person who is aggrieved by any action taken under this chapter by the department, its officers, or agents may apply for judicial review as provided in ch. 227.

AB40,892,10 202.07 Administrative warnings. (1) If the department determines during an investigation of a complaint against a registrant that there is evidence that the registrant committed misconduct, the department may close the investigation by issuing an administrative warning to the registrant if the department determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.

AB40,892,12 (2) A registrant may obtain review of an administrative warning through a personal appearance before the department.

AB40,892,15 (3) (a) An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b), may not be used as evidence that the registrant is guilty of the alleged misconduct.

AB40,892,21 (b) If the department receives a subsequent complaint of misconduct by a registrant against whom the department issued an administrative warning, the department may reopen the matter that gave rise to the administrative warning and commence disciplinary proceedings against the registrant, and the administrative warning may be used as evidence that the registrant had actual notice that the misconduct that was the basis for the administrative warning was contrary to law.

AB40,892,23 (4) An administrative warning is a public record subject to inspection or copying under s. 19.35.

AB40,893,2 202.08 Fees. (1) The department shall determine the fees for an initial registration and for a registration renewal, including late fees for each type of registration under ss. 202.12 to 202.14 and 202.22, based on the department's administrative and enforcement costs under this chapter.

AB40,893,15 (2) Before the department makes any fee adjustment under sub. (1), the department shall send a notification of the proposed fee adjustments to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of financial institutions within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made as proposed. The department shall notify registrants of the fee adjustments by posting the fee adjustments on the department's Internet site and in registration renewal notices sent to affected registrants under s. 202.025 (1). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary of financial institutions that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made only upon approval of the committee.

AB40,893,21 202.09 Debit or credit card payments; collection of registration for nonpayment by financial institution. (1) If the department permits the payment of a fee by use of a debit or credit card, the department may charge a service charge for each transaction in addition to the fee being paid. The service charge shall be sufficient to cover the cost to the department of permitting the payment of a fee by debit or credit card.

AB40,894,2 (2) If a registrant pays a fee required under this chapter by check or by debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the registration after 60 days after the department receives a notice of nonpayment from the financial institution, subject to sub. (3).

AB40,894,7 (3) At least 20 days before canceling a registration under sub. (2), the department shall provide a notice to the registrant that informs the registrant that the check or demand for payment under the debit or credit card transaction was not paid by the financial institution and that the registrant's registration may be canceled, unless the registrant does all of the following before that date:

AB40,894,9 (a) Pays the fee for which the unpaid check or demand for payment under the debit or credit card transaction was issued.

AB40,894,10 (b) Pays any applicable late fee.

AB40,894,12 (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB40,894,14 (4) The department may extend the date for cancellation to allow the registrant additional time to comply with sub. (3) (a) to (c).

AB40,894,17 (5) The department may reinstate a registration that it cancelled under this section only if the former registrant complies with sub. (3) (a) to (c) and pays a $30 reinstatement fee.

AB40,894,19 202.095 Rules. The department shall promulgate rules to implement this chapter.

AB40,894,20 202.11 (5m) "Department" means the department of financial institutions.

AB40,894,21 202.21 (3m) "Department" means the department of financial institutions.

AB40,1991 Section 1991. 224.42 (1) (a) of the statutes is amended to read:

AB40,894,24 224.42 (1) (a) "Financial institution" has the meaning given in 12 USC 3401 (1) s. 49.45 (4m) (a) 3.

AB40,1992 Section 1992. 227.01 (13) (im) of the statutes is repealed.

AB40,1993 Section 1993. 227.01 (13) (Lr) of the statutes is created to read:

AB40,895,3 227.01 (13) (Lr) Determines what constitutes high-demand fields for purposes of s. 38.28 (2) (be) 1. b.

AB40,1994 Section 1994. 227.01 (13) (sm) of the statutes is created to read:

AB40,895,6 227.01 (13) (sm) Is a standard or statement of policy adopted by the charter school oversight board.

AB40,1995 Section 1995. 227.01 (13) (ur) of the statutes is repealed.

AB40,1996 Section 1996. 227.03 (7m) of the statutes is amended to read:

AB40,895,10 227.03 (7m) Except as provided in s. 101.143 292.63 (6s), this chapter does not apply to proceedings in matters that are arbitrated under s. 101.143 292.63 (6s).

AB40,1997 Section 1997. 227.42 (7) of the statutes is repealed.

AB40,1998 Section 1998. 227.44 (8) of the statutes is amended to read:

AB40,896,5 227.44 (8) A stenographic, electronic or other record of oral proceedings shall be made in any class 2 or class 3 proceeding and in any class 1 proceeding when requested by a party. Each agency may establish rules relating to the transcription of the record into a written transcript and the providing of free copies of the written transcript. Rules may require a purpose for transcription which is deemed by the agency to be reasonable, such as appeal, and if this test is met to the satisfaction of the agency, the record shall be transcribed at the agency's expense, except that in preparing the record for judicial review of a decision that was made in an appeal under s. 227.47 (2) or in an arbitration proceeding under s. 101.143 292.63 (6s) or 230.44 (4) (bm) the record shall be transcribed at the expense of the party petitioning for judicial review. Rules may require a showing of impecuniousness or financial need as a basis for providing a free copy of the transcript, otherwise a reasonable compensatory fee may be charged. If any agency does not promulgate such rules, then it must transcribe the record and provide free copies of written transcripts upon request. In any event, an agency shall not refuse to provide a written transcript if the person making the request pays a reasonable compensatory fee for the transcription and for the copy. This subsection does not apply where a transcript fee is specifically provided by law.

AB40,1999 Section 1999. 230.03 (8m) of the statutes is created to read:

AB40,896,8 230.03 (8m) "Continuous service" means service performed while employed by a state agency or by the Board of Regents of the University of Wisconsin System.

AB40,2000 Section 2000. 230.08 (2) (e) 5. of the statutes is amended to read:

AB40,896,10 230.08 (2) (e) 5. Health services — 9 10.

AB40,2001 Section 2001. 230.08 (2) (e) 5m. of the statutes is amended to read:

AB40,896,12 230.08 (2) (e) 5m. Historical society — 5 4.

AB40,2002 Section 2002. 230.08 (2) (e) 11m. of the statutes is amended to read:

AB40,896,14 230.08 (2) (e) 11m. Safety and professional services — 8 9.

AB40,2003 Section 2003. 230.08 (2) (e) 13. of the statutes is amended to read:

AB40,896,16 230.08 (2) (e) 13. Veterans affairs — 3 4.

AB40,2004 Section 2004. 230.08 (2) (fs) of the statutes is amended to read:

AB40,896,23 230.08 (2) (fs) All deputies of department secretaries appointed under s. 15.04 (2) and executive assistants, assistant deputy secretaries to department secretaries appointed under s. 15.05 (3), including those and executive assistants appointed by the attorney general, the adjutant general, the director of the technical college system and, the state superintendent of public instruction, and the director of the historical society under s. 15.05 (3).

AB40,2005 Section 2005. 230.08 (2) (m) of the statutes is repealed.

AB40,2006 Section 2006. 230.08 (2) (sb) of the statutes is created to read:

AB40,897,2 230.08 (2) (sb) Solicitor general and deputy solicitor general positions in the department of justice.

AB40,2007 Section 2007. 230.08 (2) (w) of the statutes is repealed and recreated to read:

AB40,897,5 230.08 (2) (w) The executive director of the office of crime victim services in the department of justice.

AB40,2008 Section 2008. 230.08 (2) (xm) of the statutes is repealed.

AB40,2009 Section 2009. 230.08 (2) (yc) of the statutes is created to read:

AB40,897,9 230.08 (2) (yc) The directors of regional offices of intergovernmental affairs in the department of administration.

AB40,2010 Section 2010. 230.08 (4) (d) of the statutes is amended to read:

AB40,897,13 230.08 (4) (d) The division administrator appointed under sub. (2) (e) 4. shall be an attorney and shall be appointed by the chairperson of the employment relations commission.

AB40,2011 Section 2011. 230.12 (3) (e) (title) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40,897,17 230.12 (3) (e) (title) University of Wisconsin System senior executives, faculty, and academic staff employees; Wisconsin Technical College System senior executives.

AB40,2012 Section 2012. 230.12 (3) (e) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

AB40,2013 Section 2013. 230.12 (3) (e) 2. of the statutes is renumbered 230.12 (3) (e).

AB40,2014 Section 2014. 230.12 (11) of the statutes is created to read:

AB40,898,2 230.12 (11) Assistant state public defender pay progression plan. (a) There is established a pay progression plan for assistant state public defenders. The pay progression plan shall consist of 17 hourly salary steps, with each step equal to one-seventeenth of the difference between the lowest hourly salary and the highest hourly salary for the salary range for assistant state public defenders contained in the compensation plan. The pay progression plan shall be based entirely on merit.

AB40,898,11 (b) Beginning with the first pay period that occurs on or after July 1, 2013, all assistant state public defenders who have served with the state as assistant state public defenders for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013. All other assistant state public defenders, who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013, when they have served with the state as assistant state public defenders for a continuous period of 12 months.

AB40,898,24 (c) Beginning with the first pay period that occurs on or after July 1, 2014, and with the first pay period that occurs on or after each succeeding July 1, all assistant state public defenders who have served with the state as assistant state public defenders for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, may, at the discretion of the state public defender, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30. All other assistant state public defenders, who are not paid the maximum hourly rate, may, at the discretion of the state public defender, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30, when they have served with the state as assistant state public defenders for a continuous period of 12 months. No salary adjustment for an assistant state public defender under this paragraph may exceed 10 percent of his or her base pay during a fiscal year.

AB40,2015 Section 2015. 230.12 (12) of the statutes is created to read:

AB40,899,6 230.12 (12) Assistant attorneys general pay progression plan. (a) There is established a pay progression plan for assistant attorneys general. The pay progression plan shall consist of 17 hourly salary steps, with each step equal to one-seventeenth of the difference between the lowest hourly salary and the highest hourly salary for the salary range for assistant attorneys general contained in the compensation plan. The pay progression plan shall be based entirely on merit.

AB40,899,15 (b) Beginning with the first pay period that occurs on or after July 1, 2013, all assistant attorneys general who have served with the state as assistant attorneys general for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013. All other assistant attorneys general, who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013, when they have served with the state as assistant attorneys general for a continuous period of 12 months.

AB40,900,2 (c) Beginning with the first pay period that occurs on or after July 1, 2014, and with the first pay period that occurs on or after each succeeding July 1, all assistant attorneys general who have served with the state as assistant attorneys general for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, may, at the discretion of the attorney general, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30. All other assistant attorneys general, who are not paid the maximum hourly rate, may, at the discretion of the attorney general, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30, when they have served with the state as assistant attorneys general for a continuous period of 12 months. No salary adjustment for an assistant attorney general under this paragraph may exceed 10 percent of his or her base pay during a fiscal year.

AB40,2016 Section 2016. 230.14 (3m) of the statutes is amended to read:

AB40,900,10 230.14 (3m) In advertising openings in the classified civil service, the state may not require as a condition of application that an applicant be a college graduate unless the opening is a position as a forensic scientist in a state or regional crime laboratory or unless the opening must be filled by an incumbent holding a credential, as defined in s. 440.01 (2) (a), or other license, permit, certificate or registration in an occupation regulated by law and college graduation is required to obtain the occupational credential, license, permit, certificate or registration.

AB40,2017 Section 2017. 230.35 (1s) of the statutes is amended to read:

AB40,900,17 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., as approved by the chancellor of the University of Wisconsin-Parkside.

AB40,2018 Section 2018. 231.01 (4) (a) of the statutes is amended to read:

AB40,900,25 231.01 (4) (a) "Cost" means the sum of all costs incurred by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution, as approved by the authority, as are reasonable and necessary to accomplish the project, exclusive of any private or federal, state, or local financial assistance received by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for the payment of the project cost.

AB40,2019 Section 2019. 231.01 (4) (b) 1. of the statutes is amended to read:

AB40,901,9 231.01 (4) (b) 1. The cost incurred by or on behalf of the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution of all necessary developmental, planning, and feasibility studies, surveys, plans, and specifications, architectural, engineering, legal, or other special services, the cost of acquisition of land and any buildings and improvements on the land, site preparation, and development including demolition or removal of existing structures, construction, reconstruction, and equipment, including machinery, fixed equipment, and personal property.

AB40,2020 Section 2020. 231.01 (4) (b) 2. of the statutes is amended to read:

AB40,901,14 231.01 (4) (b) 2. The reasonable cost of financing incurred by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution in the course of the development of the project to the occupancy date.

AB40,2021 Section 2021. 231.01 (4) (c) of the statutes is amended to read:

AB40,901,23 231.01 (4) (c) All rents and other net revenues from the operation of the real property, improvements, or personal property on the project site by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution on and after the date on which the contract between a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution and the authority was entered into, but prior to the occupancy date, shall reduce the sum of all costs in this subsection.

AB40,2022 Section 2022. 231.01 (5n) of the statutes is created to read:

AB40,902,3 231.01 (5n) "Nonprofit entity" means an entity that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB40,2023 Section 2023. 231.01 (5p) of the statutes is created to read:

AB40,902,6 231.01 (5p) "Nonprofit facility" means a facility that is owned or operated by a nonprofit entity.

AB40,2024 Section 2024. 231.01 (6m) of the statutes is created to read:

AB40,902,12 231.01 (6m) "Participating nonprofit institution" means a nonprofit entity, or an affiliate of a nonprofit entity, that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter and is not any of the following:

AB40,902,15 1. An entity authorized by state law to provide or operate an educational facility or an affiliate of an entity authorized by state law to provide or operate an educational facility.

AB40,902,17 2. An entity authorized by state law to provide or operate a health facility or an affiliate of an entity authorized by state law to provide or operate a health facility.