AB100: Bill Text Engrossed

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.

AB100-engrossed, s. 3308m Section 3308m. 230.125 of the statutes is created to read:

AB100-engrossed,1648,21 230.125 Investigations relating to code of ethics violations. (1) In this section, "code of ethics" means the code of ethics promulgated by rule under s. 19.45 (11) (a).

AB100-engrossed,1648,25 (2) The administrator shall establish by rule procedures that each agency shall follow in investigating any alleged violation of the code of ethics. The administrator shall specify by rule appropriate discipline for a violation of the code of ethics, except that such discipline may not include a fine, forfeiture or term of imprisonment.

AB100-engrossed,1649,6 (3) If an employe is alleged by his or her appointing authority to have violated the code of ethics, the administrator, at his or her own initiative or at the request of the appointing authority, may suspend with pay the employe pending investigation of the alleged violation of the code of ethics. Any employe who is determined to have violated a provision of the code of ethics may be disciplined by the appointing authority or the administrator as provided in rules promulgated under sub. (2).

AB100-engrossed,1649,10 (4) If an appointing authority is investigating an alleged violation of the code of ethics and the administrator determines that the appointing authority is not following procedures established by rule under sub. (2), the administrator may assume control of the investigation.

AB100-engrossed,1649,18 (5) Any information contained in records obtained or prepared by the appointing authority or administrator in connection with an investigation of an alleged violation of the code of ethics may not be disclosed to the public, unless the alleged violation is referred to a district attorney or the attorney general and the information is used by a district attorney or the attorney general in the course of any civil or criminal action arising out of a violation of the code of ethics. Upon request, the administrator shall disclose the outcome of any such investigation, including any discipline imposed on the employe.

AB100-engrossed, s. 3310d Section 3310d. 230.16 (7) (a) 2. of the statutes is amended to read:

AB100-engrossed,1649,21 230.16 (7) (a) 2. For a disabled wartime veteran, that 15 points shall be added to his or her grade.

AB100-engrossed, s. 3310h Section 3310h. 230.16 (7) (a) 3. of the statutes is amended to read:

AB100-engrossed,1649,24 230.16 (7) (a) 3. For a disabled wartime veteran whose disability is at least 30%, that 20 points shall be added to his or her grade.

AB100-engrossed, s. 3310p Section 3310p. 230.16 (7) (a) 4. of the statutes is amended to read:

AB100-engrossed,1650,2 230.16 (7) (a) 4. For the spouse of a disabled wartime veteran whose disability is at least 70%, that 10 points shall be added to the spouse's grade.

AB100-engrossed, s. 3310t Section 3310t. 230.25 (1g) of the statutes is amended to read:

AB100-engrossed,1650,7 230.25 (1g) For every position to be filled by promotion from a promotional register, the administrator shall, after certifying names under sub. (1), additionally certify the name of the highest ranked disabled wartime veteran whose disability is at least 70%.

AB100-engrossed, s. 3313 Section 3313. 230.30 of the statutes is amended to read:

AB100-engrossed,1650,20 230.30 Employing units; establishment and revision. (1) Each agency shall constitute an employing unit for purposes of personnel transactions, except where appropriate functional, organizational or geographic breakdowns exist within the agency and except as provided in sub. (2). These breakdowns may constitute a separate employing unit for one or more types of personnel transactions under an overall employing unit plan if requested by the appointing authority of that agency and approved by the administrator. If the administrator determines, after conferring with the appointing authority of the employing agency, that an employing unit is or has become inappropriate to carry out sound personnel management practices due to factors including, but not limited to, the size or isolated location of portions of the employing unit, the administrator may revise the employing unit structure of the agency to effect the remedy required.

AB100-engrossed, s. 3314 Section 3314. 230.30 (2) of the statutes is created to read:

AB100-engrossed,1650,23 230.30 (2) The division of gaming in the department of administration shall constitute a separate employing unit for purposes of personnel transactions.

AB100-engrossed, s. 3316e Section 3316e. 230.46 of the statutes is repealed.

AB100-engrossed, s. 3318j Section 3318j. 231.01 (4m) of the statutes is amended to read:

AB100-engrossed,1651,4 231.01 (4m) "Educational facility" means a regionally accredited, private, nonprofit, postsecondary educational institution described in section 501 (c) (3) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code.