AB100: Bill Text Engrossed

AB100-engrossed, s. 3266r Section 3266r. 224.71 (3) (b) 1. of the statutes is amended to read:

AB100-engrossed,1640,5 224.71 (3) (b) 1. The Wisconsin housing and economic development authority, or a A bank, trust company, savings bank, savings and loan association, insurance company, or a land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

AB100-engrossed, s. 3266u Section 3266u. 224.71 (3) (b) 1m. of the statutes is created to read:

AB100-engrossed,1640,8 224.71 (3) (b) 1m. A community-based organization, as defined in s. 16.30 (1), or a housing authority, as defined in s. 16.30 (2).

AB100-engrossed, s. 3266y Section 3266y. 224.71 (3) (b) 3. of the statutes is amended to read:

AB100-engrossed,1640,11 224.71 (3) (b) 3. Employes of persons described in subds. 1. and to 2. if the employe is performing his or her duties as an employe.

AB100-engrossed, s. 3268m Section 3268m. 224.72 (5) (b) 1. of the statutes is amended to read:

AB100-engrossed,1640,18 224.72 (5) (b) 1. Upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and, except as provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

AB100-engrossed, s. 3270m Section 3270m. 224.72 (7) of the statutes is amended to read:

AB100-engrossed,1641,2 224.72 (7) Renewal of registration. A loan originator, loan solicitor or mortgage banker shall renew a certificate of registration by submitting to the department a renewal application and the applicable renewal fee specified under sub. (8) (c) on or before the applicable renewal date specified under sub. (8) (c). Except as provided in s. 224.85 (2), an An applicant for renewal of a certificate of registration as a mortgage banker shall, as part of the application, refile a bond that satisfies sub. (4) (b) or resubmit evidence that satisfies sub. (4) (a) or (c).

AB100-engrossed, s. 3273m Section 3273m. 224.85 of the statutes is repealed.

AB100-engrossed, s. 3273r Section 3273r. 227.01 (13) (ys) of the statutes is created to read:

AB100-engrossed,1641,6 227.01 (13) (ys) Establishes a technical standard for abating nonpoint source water pollution under s. 281.16 (2) (c) or (3) (c).

AB100-engrossed, s. 3277 Section 3277. 227.116 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,1641,13 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the permit information and regulatory assistance bureau business development assistance center within 5 business days of the last day of the time period specified, setting forth all of the following:

AB100-engrossed, s. 3278 Section 3278. 227.116 (5) of the statutes is amended to read:

AB100-engrossed,1641,19 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the permit information and regulatory assistance bureau business development assistance center.

AB100-engrossed, s. 3279 Section 3279. 227.43 (1m) of the statutes is created to read:

AB100-engrossed,1642,2 227.43 (1m) Upon the request of an agency that is not prohibited from contracting with a 3rd party for contested case hearing services, the administrator of the division of hearings and appeals in the department of administration may contract with the agency to provide the contested case hearing services and may assign a hearing examiner to preside over any hearing performed under such a contract.

AB100-engrossed, s. 3279m Section 3279m. 227.43 (3) (b) of the statutes is amended to read:

AB100-engrossed,1642,8 227.43 (3) (b) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of transportation by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (q) (f).

AB100-engrossed, s. 3280 Section 3280. 227.43 (3) (e) of the statutes is created to read:

AB100-engrossed,1642,11 227.43 (3) (e) The administrator of the division of hearings and appeals may set the fees to be charged for any services contracted for under sub. (1m).

AB100-engrossed, s. 3281 Section 3281. 227.43 (4) (e) of the statutes is created to read:

AB100-engrossed,1642,16 227.43 (4) (e) The agency contracting out for contested case hearing services under sub. (1m) shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1m), according to the fees set under sub. (3) (e).

AB100-engrossed, s. 3281m Section 3281m. 227.485 (2) (e) of the statutes is amended to read:

AB100-engrossed,1642,19 227.485 (2) (e) "State agency" does not include the public intervenor or citizens utility board.

AB100-engrossed, s. 3281zm Section 3281zm. 227.487 of the statutes is created to read:

AB100-engrossed,1643,2 227.487 Frivolous actions. (1) (a) If a petition for a declaratory ruling under s. 227.41, a request for a hearing under s. 227.42 or a petition for a rehearing under s. 227.49 (1) is found by an agency to be frivolous, the agency may assess a forfeiture of not more than $500 against the person or the person's attorney who made the petition or request. In assessing the forfeiture against the person or the person's attorney, the agency may assess the forfeiture in such a manner that the person and the person's attorney each pay a portion of the forfeiture.

AB100-engrossed,1643,9 (b) If any application, pleading, motion, request or other action that relates to a contested case is found by a hearing examiner to be frivolous, the hearing examiner may assess a forfeiture of not more than $500 against the person or the person's attorney who made the application, pleading, motion, request or other action. In assessing the forfeiture against the person or the person's attorney, the hearing examiner may assess the forfeiture in such a manner that the person and the person's attorney each pay a portion of the forfeiture.

AB100-engrossed,1643,13 (2) In order for an agency to find a petition or request to be frivolous under sub. (1) (a) or for a hearing examiner to find an application, pleading, motion, request or other action to be frivolous under sub. (1) (b), the agency or hearing examiner must find one or more of the following:

AB100-engrossed,1643,16 (a) The petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) must have been undertaken for the purpose of delay.

AB100-engrossed,1643,20 (b) The petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) must have been undertaken for the purpose of maliciously injuring the reputation of an agency or an agency employe.

AB100-engrossed,1643,24 (c) The person or the person's attorney knew, or should have known, that the petition or request specified in sub. (1) (a) or the application, pleading, motion, request or other action specified in sub. (1) (b) was undertaken without any reasonable basis in law or fact.

AB100-engrossed,1644,3 (3) This section does not apply to any petition or request under sub. (1) (a) or any application, pleading, motion, request or other action under sub. (1) (b) that relates to subch. II of ch. 111.

AB100-engrossed, s. 3282b Section 3282b. 227.52 of the statutes, as affected by 1997 Wisconsin Act 3, is renumbered 227.52 (intro.) and amended to read:

AB100-engrossed,1644,10 227.52 Judicial review; decisions reviewable. (intro.) Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions as otherwise provided by law and except for the following:

AB100-engrossed,1644,12 (1) Decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions .

AB100-engrossed,1644,13 (2) Decisions of the department of employe trust funds,.

AB100-engrossed,1644,15 (3) Those decisions of the division of banking, that are subject to review, prior to any judicial review, by the banking review board.

AB100-engrossed,1644,16 (4) Decisions of the office of credit unions,.

AB100-engrossed,1644,17 (5) Decisions of the division of savings and loan,.

AB100-engrossed,1644,19 (6) Decisions of the chairperson of the elections board of state canvassers and those.

AB100-engrossed,1644,22 (7) Those decisions of the department of workforce development which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

AB100-engrossed, s. 3282d Section 3282d. 227.53 (1) (a) 1. of the statutes is amended to read:

AB100-engrossed,1645,7 227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the tax appeals commission, the banking review board, the consumer credit review board, the credit union review board, the savings and loan review board or the savings bank review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 5.

AB100-engrossed, s. 3282g Section 3282g. 227.53 (1) (b) 2. of the statutes is amended to read:

AB100-engrossed,1645,10 227.53 (1) (b) 2. The banking review board or the consumer credit review board, the division of banking.

AB100-engrossed, s. 3282r Section 3282r. 227.53 (1) (d) of the statutes is amended to read:

AB100-engrossed,1645,19 227.53 (1) (d) The agency (except in the case of the tax appeals commission and the banking review board, the consumer credit review board, the credit union review board, the savings and loan review board and the savings bank review board) and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

AB100-engrossed, s. 3285 Section 3285. 227.54 of the statutes is amended to read:

AB100-engrossed,1645,24 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 196.43, 253.06 (7) and 551.62.

AB100-engrossed, s. 3290e Section 3290e. 230.03 (9m) of the statutes is amended to read:

AB100-engrossed,1646,2 230.03 (9m) "Disabled wartime veteran" means a veteran who has a service-connected disability that is directly traceable to war service.

AB100-engrossed, s. 3290f Section 3290f. 230.03 (14) (d) of the statutes is created to read:

AB100-engrossed,1646,10 230.03 (14) (d) A person who served on active duty under honorable conditions in the U.S. armed forces for 2 continuous years or more or the full period of the person's initial service obligation, whichever is less. A person discharged from the U.S. armed forces for reasons of hardship or a service-connected disability or a person released due to a reduction in the U.S. armed forces prior to the completion of the required period of service shall also be considered a "veteran", regardless of the actual time served.

AB100-engrossed, s. 3290p Section 3290p. 230.04 (9) (f) of the statutes is amended to read:

AB100-engrossed,1646,16 230.04 (9) (f) Establish an affirmative action subunit reporting directly to the secretary. The affirmative action subunit shall advise and assist the secretary, the administrator and agency heads on establishing policies and programs to ensure appropriate affirmative action. The subunit shall advise and assist the secretary in monitoring such programs and shall provide staff to the affirmative action council.

AB100-engrossed, s. 3290r Section 3290r. 230.04 (10) (c) of the statutes is amended to read:

AB100-engrossed,1646,23 230.04 (10) (c) The secretary shall request from each agency and each agency shall furnish to the secretary relevant information regarding the prior military service, if any, of every new employe hired by the agency including limited term, project, seasonal and sessional employes. The secretary shall maintain the data to permit a periodic review of the progress being made to provide employment opportunities in civil service for veterans and disabled wartime veterans.

AB100-engrossed, s. 3293 Section 3293. 230.08 (2) (e) 1. of the statutes is amended to read:

AB100-engrossed,1646,25 230.08 (2) (e) 1. Administration — 11 12.

AB100-engrossed, s. 3294 Section 3294. 230.08 (2) (e) 3g. of the statutes is renumbered 230.08 (2) (e) 9. and amended to read:

AB100-engrossed,1647,3 230.08 (2) (e) 9. Education Public instruction — 5.

AB100-engrossed, s. 3295 Section 3295. 230.08 (2) (e) 4m. of the statutes is repealed.

AB100-engrossed, s. 3297 Section 3297. 230.08 (2) (e) 6m. of the statutes is repealed.

AB100-engrossed, s. 3298 Section 3298. 230.08 (2) (e) 8. of the statutes is amended to read:

AB100-engrossed,1647,7 230.08 (2) (e) 8. Natural resources — 4 6.

AB100-engrossed, s. 3298m Section 3298m. 230.08 (2) (fp) of the statutes is created to read:

AB100-engrossed,1647,10 230.08 (2) (fp) The director and personnel of the integrated legislative information system staff.

AB100-engrossed, s. 3299 Section 3299. 230.08 (2) (gm) of the statutes is repealed.

AB100-engrossed, s. 3300 Section 3300. 230.08 (2) (L) 4. of the statutes is created to read:

AB100-engrossed,1647,13 230.08 (2) (L) 4. Higher educational aids board, created under s. 15.67.

AB100-engrossed, s. 3301 Section 3301. 230.08 (2) (m) 2m. of the statutes is repealed.

AB100-engrossed, s. 3301g Section 3301g. 230.08 (2) (m) 3. of the statutes is repealed.

AB100-engrossed, s. 3301m Section 3301m. 230.08 (2) (mL) of the statutes is created to read:

AB100-engrossed,1647,18 230.08 (2) (mL) One executive assistant of each commissioner of the public service commission, created under s. 15.79.

AB100-engrossed, s. 3303p Section 3303p. 230.08 (2) (rm) of the statutes is created to read:

AB100-engrossed,1647,20 230.08 (2) (rm) Staff of the environmental education board.

AB100-engrossed, s. 3304 Section 3304. 230.08 (2) (t) of the statutes is repealed.

AB100-engrossed, s. 3304m Section 3304m. 230.08 (2) (tv) of the statutes is created to read:

AB100-engrossed,1647,24 230.08 (2) (tv) The director of the office of urban development in the department of health and family services, appointed under s. 48.48 (16m).

AB100-engrossed, s. 3305 Section 3305. 230.08 (2) (xe) of the statutes is created to read:

AB100-engrossed,1648,3 230.08 (2) (xe) The director of Indian gaming in the department of administration, and the attorney in the department of administration, appointed under s. 569.015 (2).

AB100-engrossed, s. 3306 Section 3306. 230.08 (2) (ym) of the statutes is repealed.

AB100-engrossed, s. 3306m Section 3306m. 230.08 (2) (yz) of the statutes is amended to read:

AB100-engrossed,1648,7 230.08 (2) (yz) The staff of the Wisconsin sesquicentennial commission. This paragraph does not apply after June 30, 1999.

AB100-engrossed, s. 3307 Section 3307. 230.08 (4) (a) of the statutes is amended to read:

AB100-engrossed,1648,17 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, investment board, public defender board, gaming board and technical college system board and "commission" means the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.