AB100: Bill Text

AB100,1347,25 224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.

AB100, s. 3274 Section 3274. 227.03 (4) of the statutes is amended to read:

AB100,1348,7 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5), the revocation of parole, community supervision or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB100, s. 3275 Section 3275. 227.03 (4m) of the statutes is created to read:

AB100,1348,12 227.03 (4m) Subchapter 111 does not apply to any decision of an agency to suspend or restrict or not issue or renew a license if the agency suspends or restricts or does not issue or renew the license pursuant to a memorandum of understanding entered into under s. 49.857.

AB100, s. 3276 Section 3276. 227.03 (9) of the statutes is created to read:

AB100,1348,16 227.03 (9) Except as provided in s. 73.0301 (2) (b) 2., subch. 111 does not apply to a revocation of a license or a denial of an application for a license or license renewal or continuation under s. 73.0301 (2) (b) 1. a.

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

AB100,1348,23 227.116 (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, s. 3278 Section 3278. 227.116 (5) of the statutes is amended to read:

AB100,1349,5 227.116 (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, s. 3279 Section 3279. 227.43 (1m) of the statutes is created to read:

AB100,1349,12 227.43 (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, s. 3280 Section 3280. 227.43 (3) (e) of the statutes is created to read:

AB100,1349,15 227.43 (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, s. 3281 Section 3281. 227.43 (4) (e) of the statutes is created to read:

AB100,1349,20 227.43 (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, s. 3282 Section 3282. 227.52 of the statutes is amended to read:

AB100,1350,6 227.52 Judicial review; decisions reviewable. 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 of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the division of banking, the office of credit unions, the division of savings and loan institutions, the board of state canvassers and those decisions of the department of industry, labor and job 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, s. 3283 Section 3283. 227.53 (1) (b) 4. of the statutes is amended to read:

AB100,1350,11 227.53 (1) (b) 4. The savings and loan review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings and loan review board shall be the named respondents.

AB100, s. 3284 Section 3284. 227.53 (1) (b) 5. of the statutes is amended to read:

AB100,1350,16 227.53 (1) (b) 5. The savings bank review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings bank review board shall be the named respondents.

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

AB100,1350,21 227.54 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, s. 3286 Section 3286. 229.42 (8) of the statutes is amended to read:

AB100,1351,2 229.42 (8) The board of directors shall elect from its membership a chairperson, a vice chairperson, a secretary and a treasurer. A majority of the current membership of the board of directors constitutes a quorum to do business. Except as provided in ss. 66.75 (1m) (b) and 77.981 (1), the district may take action based on the affirmative vote of a majority of a quorum.

AB100, s. 3287 Section 3287. 229.50 (1) (b) (intro.) of the statutes is amended to read:

AB100,1351,15 229.50 (1) (b) Feasibility. (intro.) The proceeds of bonds, other than refunding bonds, will be used for feasible projects and there is a reasonable likelihood that the bonds will be repaid without the necessity of drawing on funds in the special debt service reserve fund that secures the bonds. The secretary of administration may not make the determinations required under this paragraph unless a majority of the authorized members of the district's board has voted that, if the balance in a special debt service reserve fund of the district is less than the requirement under sub. (5), the room tax imposed by the district under s. 66.75 (1m) (b) is 3% of total room charges and the food and beverages tax imposed by the district under s. 77.981 (1) is 0.5% of gross receipts. In addition, the secretary of administration may make the determinations required under this paragraph only after considering all of the following:

AB100, s. 3288 Section 3288. 229.85 of the statutes is created to read:

AB100,1351,20 229.85 Validation of and liability for certain services. (1) Validation of actions. Any actions taken by the department of administration or the building commission before the effective date of this subsection .... [revisor inserts date], to provide services that directly benefit a district are hereby validated.

AB100,1352,2 (2) Liability. A district that directly benefits from services provided by the department of administration or the building commission before the effective date of this subsection .... [revisor inserts date], is liable for the fair market value of those services, as determined by the secretary of administration, regardless of whether the district was in existence at the time that the services were provided or whether the district authorized the provision of those services.

AB100,1352,16 (3) Certification and transfers. If the secretary of administration determines that a district is liable for an amount under sub. (2) and that the liability remains unpaid, the secretary of administration shall certify to the department of revenue the amount of the unpaid liability. The certification shall apportion the unpaid liability between the appropriation account under s. 20.505 (1) (kc) and the capital improvement fund, based on the extent to which the expenditures made to provide the services giving rise to the liability were made from the appropriation account under s. 20.505 (1) (kc) or 20.867 (3) (w), respectively. The certification may provide for the unpaid liability to be repaid in a lump sum or in instalments. An amount equal to the amount of the lump sum or instalment certified under this subsection shall be transferred, on the date specified in the certification, from the appropriation account under s. 20.835 (4) (gb) to the appropriation account under s. 20.505 (1) (kc) or to the capital improvement fund, or both, in accordance with the apportionment made in the certification.

AB100, s. 3289 Section 3289. 230.047 (4) (b) of the statutes is amended to read:

AB100,1352,25 230.047 (4) (b) Employes who are on detail are entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employes of the sending agency for all purposes, including the payment of their salaries, and their continuous service benefits except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency, and except that a receiving agency other than a receiving agency of this state may provide supplemental salary and benefits to the employe for the duration of the interchange.

AB100, s. 3290 Section 3290. 230.047 (6) (b) of the statutes is amended to read:

AB100,1353,7 230.047 (6) (b) Employes who are detailed to the receiving agency shall not by virtue of such detail be considered to be employes thereof, nor shall they. Except as provided in sub. (4) (b), employes who are detailed to the receiving agency shall not be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employes during the period of detail may be governed by agreement between the sending agency and the receiving agency.

AB100, s. 3291 Section 3291. 230.05 (2) (a) of the statutes is amended to read:

AB100,1353,24 230.05 (2) (a) Except as provided under par. Subject to pars. (b) and (c), the administrator may delegate, in writing, any of his or her functions set forth in this subchapter to an appointing authority, within prescribed standards if the administrator finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the administrator determines that any agency is not performing such delegated function within prescribed standards, the administrator shall withdraw such delegated function. The administrator may order transfer to the division from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the division reduced staff or shifted staff to new responsibilities as a result of such delegation subject to the approval of the joint committee on finance. Any delegatory action taken under this subsection by any appointing authority may be appealed to the personnel commission under s. 230.44 (1) (b). The administrator shall be a party in such appeal.

AB100, s. 3292 Section 3292. 230.05 (2) (c) of the statutes is created to read:

AB100,1354,5 230.05 (2) (c) Subject to par. (b), at the request of the board of regents of the University of Wisconsin System, the administrator shall delegate to the board of regents any of his or her functions set forth in this subchapter relating to the recruitment, appointment, examination and certification of applicants for classified, nonprofessional positions in the University of Wisconsin System.

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

AB100,1354,7 230.08 (2) (e) 1. Administration — 11 12.

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

AB100,1354,10 230.08 (2) (e) 9. Education Public instruction — 5.

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

AB100, s. 3296 Section 3296. 230.08 (2) (e) 5. of the statutes is amended to read:

AB100,1354,13 230.08 (2) (e) 5. Health and family services — 5 6.

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

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

AB100,1354,16 230.08 (2) (e) 8. Natural resources — 4 6.

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

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

AB100,1354,19 230.08 (2) (L) 4. Higher educational aids board, created under s. 15.67.

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

AB100, s. 3302 Section 3302. 230.08 (2) (m) 3. of the statutes is repealed.

AB100, s. 3303 Section 3303. 230.08 (2) (mL) of the statutes is created to read:

AB100,1354,24 230.08 (2) (mL) One executive assistant of each commissioner of the public service commission, created under s. 15.79.

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

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

AB100,1355,4 230.08 (2) (xe) The director of Indian gaming in the department of administration, and 3 employes in the department of administration, appointed under s. 569.015 (2).

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

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

AB100,1355,15 230.08 (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, s. 3308 Section 3308. 230.12 (1) (c) 1m. of the statutes is created to read:

AB100,1355,21 230.12 (1) (c) 1m. The compensation plan shall provide for a supplemental salary increase of up to 10% of an employe's base salary for any employe who participates in the temporary interchange of employes program under s. 230.047, but only if the state agency to which the employe is assigned during the period of the interchange pays the cost of the supplemental salary increase.

AB100, s. 3309 Section 3309. 230.13 (1) (intro.) of the statutes is amended to read:

AB100,1355,25 230.13 (1) (intro.) Except as provided in sub. (3) and s. 103.13, the secretary and the administrator may keep records of the following personnel matters closed to the public:

AB100, s. 3310 Section 3310. 230.13 (2) of the statutes is amended to read:

AB100,1356,4 230.13 (2) Unless the name of an applicant is certified under s. 230.25, the secretary and the administrator shall keep records of the identity of an applicant for a position closed to the public, except as provided in sub. (3).

AB100, s. 3311 Section 3311. 230.13 (3) of the statutes is created to read:

AB100,1356,8 230.13 (3) The secretary and the administrator shall provide to the department of industry, labor and job development any information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section.

AB100, s. 3312 Section 3312. 230.19 (4) of the statutes is created to read:

AB100,1356,18 230.19 (4) Notwithstanding s. 230.15 (1), for promotional appointments to vacant positions in the classified service at the University of Wisconsin System, any appointing authority at the University of Wisconsin System is not required to base promotional appointments on competitive examination and fill the positions from promotional registers when the position is to be filled by a person who, at the time of appointment, is employed in a permanent position in the classified service at the University of Wisconsin System. Nothing in this subsection shall affect the requirement that promotional appointments shall be made only according to merit and fitness.

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

AB100,1357,6 230.30 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, s. 3314 Section 3314. 230.30 (2) of the statutes is created to read:

AB100,1357,9 230.30 (2) The division of gaming in the department of administration shall constitute a separate employing unit for purposes of personnel transactions.

AB100, s. 3315 Section 3315. 230.36 (1) of the statutes is amended to read:

AB100,1358,18 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation, community supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or community supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB100, s. 3316 Section 3316. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB100,1358,23 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 938.02 (15m), and a state probation, community supervision and parole officer, at all times while:

AB100, s. 3317 Section 3317. 230.36 (3) (c) 2. of the statutes is amended to read:

AB100,1359,4 230.36 (3) (c) 2. In the process of restraining patients, inmates, probationers or, parolees or persons on community supervision and apprehending runaways or escapees, including probationers and, parolees and persons on community supervision;

AB100, s. 3318 Section 3318. 230.36 (3) (c) 3. of the statutes is amended to read:

AB100,1359,7 230.36 (3) (c) 3. When injury is occasioned as the result of an act by a patient, inmate, probationer or, parolee or person on community supervision;

AB100, s. 3319 Section 3319. 231.01 (5) (a) 1. of the statutes is amended to read:

AB100,1359,13 231.01 (5) (a) 1. Any institution, place, building or agency required to be approved or licensed under either s. 50.02 or subch. II or III of ch. 50, and also means any such facility exempted from such approval or licensure when the secretary of health and family services attests that the exempted facility meets the statutory definition of a facility subject to approval or licensure.

AB100, s. 3320 Section 3320. 231.01 (5) (b) of the statutes is amended to read: