OC7 SB1: Bill Text

SB1,1264,8 (3) An agency may request an advance commitment as to the title or numbering of a proposed rule by submitting a copy of the proposed rule indicating the requested title and numbering to the revisor legislative reference bureau prior to filing. As soon as possible after that, the revisor legislative reference bureau shall either approve the request or inform the agency of any change necessary to preserve uniformity in the code.

SB1,1264,15 (4) The revisor legislative reference bureau may, prior to publication, edit the analysis of a proposed rule and any other material submitted for publication in the code and register, may refer to the fact that those materials are on file or may eliminate them and any reference to them in the code and register if he or she believes they do not appreciably add to an understanding of the rule. The revisor legislative reference bureau shall submit the edited version of any material to the agency for its comments prior to publication.

SB1, s. 2997ze Section 2997ze. 227.27 (2) of the statutes is amended to read:

SB1,1264,21 227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the revisor legislative reference bureau or the secretary of state, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

SB1, s. 2998 Section 2998. 227.43 (1) (by) of the statutes is amended to read:

SB1,1265,2 227.43 (1) (by) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of workforce development children and families under ch. 48 or subch. III of ch. 49 and that is not conducted by the secretary of workforce development children and families.

SB1, s. 2999 Section 2999. 227.43 (2) (d) of the statutes is amended to read:

SB1,1265,8 227.43 (2) (d) The department of workforce development children and families shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (by) after the department of workforce development children and families is notified that a hearing on the matter is required.

SB1, s. 3000 Section 3000. 227.43 (3) (d) of the statutes is amended to read:

SB1,1265,14 227.43 (3) (d) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of workforce development children and families by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

SB1, s. 3001 Section 3001. 227.43 (4) (d) of the statutes is amended to read:

SB1,1265,18 227.43 (4) (d) The department of workforce development children and families shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (by), according to the fees set under sub. (3) (d).

SB1, s. 3002 Section 3002. 227.54 of the statutes is amended to read:

SB1,1265,23 227.54 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. 49.17 (7), 196.43, 253.06 (7), 448.02 (9), and 551.62.

SB1, s. 3002m Section 3002m. 229.68 (15) of the statutes is amended to read:

SB1,1266,6 229.68 (15) Impose, by the adoption of a resolution, the taxes under subch. V of ch. 77. A district may not levy any taxes that are not expressly authorized under subch. V of ch. 77 and that do not receive the affirmative vote of a supermajority of the district board. If a district adopts a resolution which imposes taxes, it shall deliver a certified copy of the resolution to the secretary of revenue at least 30 120 days before its effective date.

SB1, s. 3002n Section 3002n. 229.824 (15) of the statutes is amended to read:

SB1,1267,11 229.824 (15) Impose, by the adoption of a resolution, the taxes under subch. V of ch. 77, except that the taxes imposed by the resolution may not take effect until the resolution is approved by a majority of the electors in the district's jurisdiction voting on the resolution at a referendum, to be held at the first spring primary or September primary following by at least 45 days the date of adoption of the resolution. Two questions shall appear on the ballot. The first question shall be: "Shall a sales tax and a use tax be imposed at the rate of 0.5% in .... County for purposes related to football stadium facilities in the .... Professional Football Stadium District?" The 2nd question shall be: "Shall excess revenues from the 0.5% sales tax and use tax be permitted to be used for property tax relief purposes in .... County?" Approval of the first question constitutes approval of the resolution of the district board. Approval of the 2nd question is not effective unless the first question is approved. The clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f) and (i) for any referendum held under this subsection. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as long as it is given and published prior to the election as early as practicable. A district may not levy any taxes that are not expressly authorized under subch. V of ch. 77. The district may not levy any taxes until the professional football team and the governing body of the municipality in which the football stadium facilities are located agree on how to fund the maintenance of the football stadium facilities. The district may not levy any taxes until the professional football team and the governing body of the municipality in which the football stadium facilities are located agree on how to distribute the proceeds, if any, from the sale of naming rights related to the football stadium facilities. If a district board adopts a resolution that imposes taxes and the resolution is approved by the electors, the district shall deliver a certified copy of the resolution to the secretary of revenue at least 30 120 days before its effective date. If a district board adopts a resolution that imposes taxes and the resolution is not approved by the electors, the district is dissolved.

SB1, s. 3004b Section 3004b. 230.03 (3) of the statutes is amended to read:

SB1,1267,22 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB1, s. 3006 Section 3006. 230.08 (2) (e) 1. of the statutes is amended to read:

SB1,1267,24 230.08 (2) (e) 1. Administration — 13 14.

SB1, s. 3007 Section 3007. 230.08 (2) (e) 2m. of the statutes is created to read:

SB1,1268,1 230.08 (2) (e) 2m. Children and families — 5.

SB1, s. 3008 Section 3008. 230.08 (2) (e) 6. of the statutes is amended to read:

SB1,1268,3 230.08 (2) (e) 6. Workforce development — 7 6.

SB1, s. 3010 Section 3010. 230.08 (2) (L) 6. of the statutes is repealed.

SB1, s. 3011 Section 3011. 230.08 (2) (of) of the statutes is repealed.

SB1, s. 3012 Section 3012. 230.08 (2) (pd) of the statutes is amended to read:

SB1,1268,8 230.08 (2) (pd) The chairperson of the parole earned release review commission.

SB1, s. 3013 Section 3013. 230.08 (2) (tv) of the statutes is amended to read:

SB1,1268,12 230.08 (2) (tv) The director of the office of urban development in the department of health and family services children and families, appointed under s. 48.48 (16m).

SB1, s. 3013m Section 3013m. 230.08 (2) (wh) of the statutes is created to read:

SB1,1268,15 230.08 (2) (wh) The judicial council attorney appointed under s. 758.13 (3) (g) 2.

SB1, s. 3014 Section 3014. 230.08 (2) (yc) of the statutes is created to read:

SB1,1268,19 230.08 (2) (yc) Two persons employed by the department of commerce engaged in advertising, marketing, and promotional activities within the United States for economic development of, and business recruitment to, this state.

SB1, s. 3016 Section 3016. 230.13 (3) (a) of the statutes is amended to read:

SB1,1269,2 230.13 (3) (a) The director and the administrator shall provide to the department of workforce development children and families or a county child support agency under s. 59.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this paragraph may only include an individual's name and address, an individual's employer and financial information related to an individual.

SB1, s. 3017 Section 3017. 230.147 (1) of the statutes is amended to read:

SB1,1269,13 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development children and families.

SB1, s. 3018 Section 3018. 230.147 (2) of the statutes is amended to read:

SB1,1269,24 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5) in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development children and families.

SB1, s. 3023a Section 3023a. 233.02 (1) (a) of the statutes is amended to read:

SB1,1270,2 233.02 (1) (a) Three members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year 5-year terms.

SB1, s. 3023b Section 3023b. 233.02 (1) (ag) of the statutes is created to read:

SB1,1270,6 233.02 (1) (ag) Three members nominated by the board of directors and appointed by the governor, with the advice and consent of the senate, for 5-year terms.

SB1, s. 3023c Section 3023c. 233.02 (1) (am) of the statutes is amended to read:

SB1,1270,9 233.02 (1) (am) Each cochairperson of the joint committee on finance or a member of the committee legislature designated by that cochairperson.

SB1, s. 3023d Section 3023d. 233.02 (8) of the statutes is amended to read:

SB1,1270,19 233.02 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Six Eight voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The members of the board of directors specified under sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act 27, section 9159 (2). The board of directors may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

SB1, s. 3023e Section 3023e. 233.03 (2) of the statutes is amended to read:

SB1,1271,2 233.03 (2) Sue and be sued; have a seal and alter the seal at pleasure; have perpetual existence; maintain an office; negotiate and enter into leases; accept gifts or grants, but not including research grants in which the grant investigator is an employee of the board of regents; accept bequests or loans; accept and comply with any lawful conditions attached to federal financial assistance; and make and execute other instruments necessary or convenient to the exercise of the powers of the authority.

SB1, s. 3023f Section 3023f. 233.03 (11) of the statutes is amended to read:

SB1,1271,4 233.03 (11) Issue bonds in accordance with ss. 233.20 to 233.27 233.26.

SB1, s. 3023g Section 3023g. 233.04 (1) of the statutes is amended to read:

SB1,1271,12 233.04 (1) By October 1, 1997, and annually thereafter, submit to the chief clerk of each house of the legislature under s. 13.172 (2), the president of the board of regents, the secretary of administration and the governor a report on the patient care, education, research and community service activities and accomplishments of the authority and an audited financial statement, certified by an independent auditor, of the authority's operations. The financial statement shall include a separate accounting of the use of the payment under sub. (7) (f).

SB1, s. 3023h Section 3023h. 233.04 (3b) (a) 1. of the statutes is amended to read:

SB1,1271,16 233.04 (3b) (a) 1. Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.

SB1, s. 3023i Section 3023i. 233.04 (7) (f) of the statutes is repealed.

SB1, s. 3023j Section 3023j. 233.04 (8) of the statutes is repealed.

SB1, s. 3023k Section 3023k. 233.04 (10) of the statutes is repealed.

SB1, s. 3023L Section 3023L. 233.05 (3) of the statutes is repealed.

SB1, s. 3023m Section 3023m. 233.10 (2) (intro.) of the statutes is amended to read:

SB1,1271,25 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, the authority may establish any of the following:

SB1, s. 3023n Section 3023n. 233.10 (3) of the statutes is repealed.

SB1, s. 3023o Section 3023o. 233.10 (3m) of the statutes is repealed.

SB1, s. 3023p Section 3023p. 233.10 (3r) of the statutes is repealed.

SB1, s. 3023q Section 3023q. 233.10 (3t) of the statutes is repealed.

SB1, s. 3023r Section 3023r. 233.10 (4) of the statutes is repealed.

SB1, s. 3023s Section 3023s. 233.20 (3m) of the statutes is created to read:

SB1,1272,8 233.20 (3m) The authority may not issue bonds or incur indebtedness described under s. 233.03 (12) unless one of the following applies:

SB1,1272,10 (a) The bonds or indebtedness are a refinancing of existing bonds or indebtedness.

SB1,1272,22 (b) If the authority has a bond rating from Moody's Investor Service, Inc., of better than A, or from Standard & Poor's Corporation of better than A, or equivalent ratings from those or comparable rating agencies when such rating systems or rating agencies no longer exist, the authority has provided notice to the joint committee on finance and the secretary of the department of administration of the bond rating of the authority, the amount of the proposed bonds or indebtedness, and the proposed use of the proceeds, and the joint committee on finance has not notified the authority within 30 working days after receipt of the notice that the joint committee on finance has scheduled a meeting to review the proposed bonds or indebtedness and the secretary of the department of administration has not notified the authority within 30 working days after receipt of the notice that the secretary will conduct further review of the proposed bonds or indebtedness.

SB1,1272,25 (c) The joint committee on finance votes to approve the amount of the bonds or indebtedness and the secretary of the department of administration, or his or her designee, has issued written approval of the bonds or indebtedness.

SB1, s. 3023t Section 3023t. 233.27 of the statutes is repealed.

SB1, s. 3023u Section 3023u. 233.42 of the statutes is repealed.

SB1, s. 3024 Section 3024. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

SB1,1273,7 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (a) to (h) 560.605 (2m) (c), 2005 stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., and s. 560.605 (2m) (a), (b), and (f) to (h).

SB1, s. 3025 Section 3025. 234.165 (2) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB1,1273,12 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

SB1, s. 3026 Section 3026 . 234.165 (2) (c) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB1,1273,17 234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

SB1, s. 3027g Section 3027g. 234.165 (3) (a) of the statutes is created to read:

SB1,1273,23 234.165 (3) (a) For the purpose of housing grants and loans under s. 560.9803 and housing grants under s. 560.9805, in fiscal year 2007-08 the authority shall transfer to the department of commerce $2,025,000 of its actual surplus under this section and in fiscal year 2008-09 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section.

SB1, s. 3028d Section 3028d. 234.165 (3) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed.

SB1, s. 3028e Section 3028e. 234.165 (3) (b) of the statutes is created to read:

SB1,1274,7 234.165 (3) (b) For the purpose of transitional housing grants under s. 560.9806 and for grants to agencies and shelter facilities for homeless individuals and families as provided under s. 560.9808, in fiscal year 2007-08 the authority shall transfer to the department of commerce $1,000,000 of its actual surplus under this section, and in fiscal year 2008-09 the authority shall transfer to the department of commerce $1,000,000 of its actual surplus under this section.

SB1, s. 3028f Section 3028f. 234.165 (3) (b) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed.

SB1, s. 3029 Section 3029. 236.335 of the statutes is amended to read: