73.01 (4m) (b) No member of the commission, including the chairperson, or its a hearing examiner may receive any salary unless he or she first executes an affidavit at the end of each salary period stating that he or she has complied with the deadlines in par. (a). The affidavit shall be presented to and filed with every official who certifies, in whole or in part, the salary.

SECTION 7. 73.01 (4m) (c) of the statutes is amended to read:

73.01 (4m) (c) If a member of the commission, including the chairperson, or its a hearing examiner is unable to comply with the deadline under par. (a), that person shall so certify in the record, and the period is then extended for one additional period not to exceed 90 days.

SECTION 8. 85.013 (2) (a) of the statutes is amended to read:

85.013 (2) (a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.

SECTION 9. 230.08 (2) (e) 1. of the statutes is amended to read:

230.08 (2) (e) 1. Administration -- 13 14.

SECTION 10. 230.08 (2) (eg) of the statutes is created to read:

230.08 (2) (eg) A general counsel position in each of the following agencies:

1. Department of administration.

2. Department of agriculture, trade and consumer protection.

2m. Department of children and families.

3. Department of commerce.

4. Department of corrections.

5. Department of financial institutions.

6. Department of health and family services.

7. Department of natural resources.

8. Department of regulation and licensing.

9. Department of revenue.

10. Department of transportation.

11. Department of workforce development.

12. Office of the commissioner of insurance.

****NOTE: This is reconciled s. 230.08 (2) (eg), which has been affected by LRB-1182/P2 and -1261.

SECTION 11. 343.33 (2) of the statutes is amended to read:

343.33 (2) Upon the hearing, the department or its a hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.

SECTION 9155. Nonstatutory provisions; Other.

(1) TRANSFER OF ATTORNEY AND LEGAL STAFF POSITIONS.

(a) Definitions. In this subsection:

1. "Legal staff" means the individuals as determined by the secretary of administration who provide support services for attorneys.

2. "State agency" means an office, commission, department, independent agency, or board in the executive branch of state government, except the following:

a. The public service commission.

b. The public defender board.

c. The Board of Regents of the University of Wisconsin System.

d. The University of Wisconsin Hospitals and Clinics Board.

e. The state of Wisconsin investment board.

f. The office of the governor.

g. The government accountability board.

h. The department of justice.

i. The employment relations commission.

(b) State agency attorneys and legal staff. Except as provided in paragraph (c) and subject to paragraph (d), on the effective date of this paragraph all attorney positions in state agencies and all legal staff positions in state agencies are transferred to the division of legal services in the department of administration.

(c) Hearing officers, hearing examiners, and administrative law judges.

1. Except as provided in subdivision 2. and subject to paragraph (d), on the effective date of this subdivision all positions identified by the secretary of administration as hearing officers, hearing examiners, or administrative law judges are transferred to the division of hearings and appeals in the department of administration.

2. Subdivision 1. does not apply to hearing officers, hearing examiners, or administrative law judges in the department of workforce development.

(d) Exceptions. Paragraphs (b) and (c) do not apply to any of the following:

1. State employees working in an office of a district attorney under section 978.12 (1) (b) or (c) of the statutes.

2. One lead attorney in the office of state employment relations whose duties include the negotiation and interpretation of collective bargaining agreements entered into under subchapter V of chapter 111 of the statutes.

3. One attorney position in each of the following state agencies, identified by the secretary of administration as the general counsel or lead attorney position:

a. Department of administration.

b. Department of agriculture, trade and consumer protection.

c. Department of children and families.

d. Department of commerce.

e. Department of corrections.

f. Department of employee trust funds.

g. Department of financial institutions.

h. Department of health and family services.

i. Department of military affairs.

j. Department of natural resources.

k. Department of public instruction.

l. Department of regulation and licensing.

m. Department of revenue.

n. Department of transportation.

o. Department of veterans affairs.

p. Department of workforce development.

q. Office of the commissioner of insurance.

(e) Incumbents. All incumbent employees holding positions that are transferred under paragraphs (b), and (c) are transferred on the effective date of this paragraph to the department of administration. Employees transferred under these paragraphs have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in their respective state agencies immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

(f) Materials. On the effective date of this paragraph, all equipment, supplies, and furniture required for the provision of legal services by employees transferred under paragraphs (b) and (c) are transferred to the department of administration. The secretary of administration shall identify the equipment, supplies, and furniture to be transferred.

SECTION 9455. Effective dates; Other.

(1) TRANSFER OF ATTORNEY POSITIONS. The treatment of sections 15.04 (4), 15.103 (1g), 16.004 (15), 20.505 (1) (kr), 73.01 (4) (b) and (4m) (b) and (c), 85.013 (2) (a), 230.08 (2) (e) 1. and (eg), and 343.33 (2) of the statutes and SECTION 9155 (1) of this act take effect on July 1, 2008.
(End)
LRB-1183LRB-1183/5
JK:jld&kjf&cs:nwn
2007 - 2008 LEGISLATURE

DOA:......Easton, BB0240 - Appropriation for integrated property assessment system
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Property taxation
This bill creates an appropriation for DOR for technology expenses necessary to create an integrated property assessment system and to publish the Wisconsin Property Assessment Manual on the Internet.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.566 (2) (b) of the statutes is created to read:

20.566 (2) (b) Integrated property assessment system technology. The amounts in the schedule for technology expenses necessary to create an integrated property assessment system, including expenses necessary to publish the manual under s. 73.03 (2a) on the Internet.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 2. 20.566 (2) (hi) of the statutes is repealed.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 3. 20.566 (3) (gm) of the statutes is amended to read:

20.566 (3) (gm) Reciprocity agreement and publications. The amounts in the schedule to provide services for the Minnesota income tax reciprocity agreement under s. 71.10 (7) and for publications except as provided in par. (g) and sub. (2) (hi) (b). All moneys received by the department of revenue in return for the provision of these services shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), at the end of the 2006-07 fiscal year, the unencumbered balance of this appropriation account shall lapse to the general fund.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 4. 73.03 (2a) of the statutes is amended to read:

73.03 (2a) To prepare, have published and distribute to each property tax assessor and to others who so request and publish, in electronic form and on the Internet, assessment manuals. The manual shall discuss and illustrate accepted assessment methods, techniques and practices with a view to more nearly uniform and more consistent assessments of property at the local level. The manual shall be amended by the department from time to time to reflect advances in the science of assessment, court decisions concerning assessment practices, costs, and statistical and other information considered valuable to local assessors by the department. The manual shall incorporate standards for the assessment of all types of renewable energy resource systems used in this state as soon as such systems are used in sufficient numbers and sufficient data exists to allow the formulation of valid guidelines. The manual shall incorporate standards, which the department of revenue and the state historical society of Wisconsin shall develop, for the assessment of nonhistoric property in historic districts and for the assessment of historic property, including but not limited to property that is being preserved or restored; property that is subject to a protective easement, covenant or other restriction for historic preservation purposes; property that is listed in the national register of historic places in Wisconsin or in this state's register of historic places and property that is designated as a historic landmark and is subject to restrictions imposed by a municipality or by a landmarks commission. The manual shall incorporate general guidelines about ways to determine whether property is taxable in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in specific situations. The manual shall state that assessors are required to comply with s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement to it shall specify per acre value guidelines for each municipality for various categories of agricultural land based on the income that could be generated from its estimated rental for agricultural use, as defined by rule, and capitalization rates established by rule. The manual shall include guidelines for classifying land as agricultural land, as defined in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land and improvements to land. The cost of the development, preparation, and Internet publication and distribution of the manual and of revisions and amendments to it shall be borne by the assessors and requesters at an individual volume cost or a subscription cost as determined by the department. All receipts shall be credited to paid from the appropriation under s. 20.566 (2) (hi). The department may provide free assessment manuals to other state agencies or exchange them at no cost with agencies of other states or of the federal government for similar information or publications (b).

SECTION 9241. Fiscal changes; Revenue.

(1) PROPERTY ASSESSMENT MANUAL COSTS. Notwithstanding section 20.001 (3) (a) to (c) of the statutes, the secretary of administration shall, during the 2008-09 fiscal year, lapse to the general fund from the general program revenue appropriations under section 20.566 of the statutes an amount equal to the amount by which the amount credited to the appropriation account under section 20.566 (2) (hi) of the statutes during the 2007-08 fiscal year exceeded the amount appropriated to the department of revenue under section 20.566 (2) (hi) of the statutes in the 2007-08 fiscal year.

SECTION 9441. Effective dates; Revenue.

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