Amendment ASA1-AB75

AB75-ASA1, s. 2476 Section 2476. 196.859 of the statutes is created to read:

AB75-ASA1,1323,19 196.859 Assessment for telecommunications utility trade practices. (1) The commission shall annually assess against telecommunications utilities the total of the amount appropriated under s. 20.115 (1) (jm).

AB75-ASA1,1324,2 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunications utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.115 (1) (jm).

AB75-ASA1,1324,4 (3) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or (2), applies to assessments under this section.

AB75-ASA1,1324,7 (4) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.

AB75-ASA1, s. 2476j Section 2476j. 200.47 (2) (a) of the statutes is amended to read:

AB75-ASA1,1324,17 200.47 (2) (a) Except for a contract awarded under par. (f) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.

AB75-ASA1, s. 2476je Section 2476je. 200.47 (2) (f) of the statutes is created to read:

AB75-ASA1,1324,23 200.47 (2) (f) 1. In this paragraph, "design-build construction process" means a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project.

AB75-ASA1,1325,5 2. The commission may let only one contract under sub. (1) that uses the design-build construction process, and that contract may be let only for a project to purchase and install 5 turbines, associated equipment, and buildings that are capable of transforming landfill gas into electricity, after the landfill gas is transported via pipeline from the Emerald Park Landfill in the city of Muskego to the Jones Island Water Reclamation Facility in the city of Milwaukee. The design-build construction process may not be used for the pipeline.

AB75-ASA1,1325,9 3. A contract that is let under sub. (1) and that uses the design-build construction process under subd. 2. does not need to comply with s. 200.49, although the commission shall make an effort to ensure that the goal described in s. 200.49 (3) (a) is met and that the good faith effort described in s. 200.49 (3) (b) is made.

AB75-ASA1, s. 2476m Section 2476m. 213.107 of the statutes is created to read:

AB75-ASA1,1325,17 213.107 State-sanctioned fire fighter service medal. If the board of directors of the State Fire Fighters Memorial submits to the secretary of administration a recommended design for a state-sanctioned medal honoring the service of the fire fighters of this state, the secretary shall review and may approve the design. If the secretary approves the design, the medal shall become the only state-sanctioned fire fighter service medal and the board of directors of the State Fire Fighters Memorial has the exclusive right to sell or authorize sale of the medal.

AB75-ASA1, s. 2476n Section 2476n. 214.17 (3) of the statutes is amended to read:

AB75-ASA1,1326,5 214.17 (3) The division publishes under ch. 985 a class 3 notice, in the official state newspaper department of financial institutions publishes a notice on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under s. 214.165 and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the division on the division's own motion calls for a hearing within 30 days of the final date that the notice was first published, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under s. 214.165 is necessary and appropriate to prevent the probable failure of an in-state savings bank that is closed or in danger of closing.

AB75-ASA1, s. 2476nm Section 2476nm. 214.40 (3) of the statutes is amended to read:

AB75-ASA1,1326,10 214.40 (3) A stock financial institution seeking to convert to a savings bank under s. 214.66 (1m) shall, before declaring a dividend on its capital stock, transfer not less than 50% of its net profits of the preceding half year to its paid-in surplus until it has paid-in surplus equal to 20% of capital stock.

AB75-ASA1, s. 2476o Section 2476o. 214.66 (intro.) (except 214.66 (title)) of the statutes is renumbered 214.66 (1m) (intro.).

AB75-ASA1, s. 2476p Section 2476p. 214.66 (1m) (title) of the statutes is created to read:

AB75-ASA1,1326,14 214.66 (1m) (title) From savings and loan association or federal savings bank.

AB75-ASA1, s. 2476t Section 2476t. 214.66 (2) of the statutes is created to read:

AB75-ASA1,1326,17 214.66 (2) From credit union. A credit union under ch. 186 may become a mutual savings bank by doing all of the following:

AB75-ASA1,1326,20 (a) Applying to the division for authority to organize as a mutual savings bank and satisfying all requirements under this chapter for organizing as a mutual savings bank.

AB75-ASA1,1326,22 (b) Satisfying all requirements under s. 186.314 (2) for conversion to a mutual savings bank.

AB75-ASA1,1326,24 (c) Recording the mutual savings bank's articles of incorporation in the county in which its home office is located.

AB75-ASA1, s. 2476w Section 2476w. 215.36 (5) (c) of the statutes is amended to read:

AB75-ASA1,1327,12 215.36 (5) (c) The division publishes under ch. 985 a class 3 notice, in the official state newspaper department of financial institutions publishes a notice on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under sub. (4) and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the division on the division's motion calls for a hearing within 30 days of the final date that the notice was first published, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under sub. (4) is necessary and appropriate to prevent the probable failure of an in-state savings and loan that is closed or in danger of closing.

AB75-ASA1, s. 2476x Section 2476x. 221.0901 (4) (d) of the statutes is amended to read:

AB75-ASA1,1327,20 221.0901 (4) (d) Cause to be published a class 3 notice, under ch. 985, in the form prescribed by the division, in the official state newspaper on the department of financial institution's Web site for a reasonable period of time, of the application under par. (a) and of the opportunity for a hearing under sub. (5). If the application is to acquire an in-state bank, the notice also shall be published in a newspaper of general circulation in the city, village or town where the home office of the in-state bank is located.

AB75-ASA1, s. 2477 Section 2477. 227.01 (13) (t) of the statutes is amended to read:

AB75-ASA1,1327,25 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB75-ASA1, s. 2478 Section 2478. 227.01 (13) (yL) of the statutes is created to read:

AB75-ASA1,1328,3 227.01 (13) (yL) Relates to administration of the southeast Wisconsin transit capital assistance program under s. 85.11.

AB75-ASA1, s. 2478c Section 2478c. 227.01 (13) (zx) of the statutes is repealed.

AB75-ASA1, s. 2478e Section 2478e. 227.01 (13) (zz) of the statutes is created to read:

AB75-ASA1,1328,6 227.01 (13) (zz) Adjusts motor vehicle liability limit amounts under s. 344.11.

AB75-ASA1, s. 2478em Section 2478em. 227.24 (1) (c) of the statutes is amended to read:

AB75-ASA1,1328,11 227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper on the legislative reference bureau's Web site or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 days.

AB75-ASA1, s. 2478f Section 2478f. 227.24 (1) (d) of the statutes is amended to read:

AB75-ASA1,1328,22 227.24 (1) (d) A rule promulgated under par. (b) takes effect upon publication in the official state newspaper on the legislative reference bureau's Web site or on any later date specified in the rule and remains in effect for one year or until it is suspended or the proposed rule corresponding to it is objected to by the joint committee for review of administrative rules, whichever is sooner. If a rule under par. (b) is suspended or a proposed rule under s. 186.235 (21), 215.02 (18) or 220.04 (8) is objected to by the joint committee for review of administrative rules, any person may complete any transaction entered into or committed to in reliance on that rule and shall have 45 days to discontinue other activity undertaken in reliance on that rule.

AB75-ASA1, s. 2478g Section 2478g. 227.24 (3) of the statutes is amended to read:

AB75-ASA1,1329,10 227.24 (3) Filing. An agency shall file a rule promulgated under sub. (1) with the legislative reference bureau as provided in s. 227.20, together with an electronic copy of the rule that the legislative reference bureau shall publish on the legislative reference bureau's Web site, shall mail a copy to the chief clerk of each house and to each member of the legislature at the time that the rule is filed and shall take any other step it considers feasible to make the rule known to persons who will be affected by it. The legislative reference bureau shall insert in the notice section of each issue of the register a brief description of each rule under sub. (1) that is currently in effect. Each copy, notice or description of a rule promulgated under sub. (1) (a) shall be accompanied by a statement of the emergency finding by the agency or by a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules under s. 227.26 (2) (b).

AB75-ASA1, s. 2478j Section 2478j. 227.26 (2) (e) of the statutes is amended to read:

AB75-ASA1,1329,15 227.26 (2) (e) Notice. When the committee suspends a rule, it shall publish a class 1 notice, under ch. 985, of the suspension in the official state newspaper on the legislature's Web site for a reasonable period of time and give any other notice it considers appropriate.

AB75-ASA1, s. 2478k Section 2478k. 227.26 (3) of the statutes is amended to read:

AB75-ASA1,1329,24 227.26 (3) Public hearings by state agencies. By a majority vote of a quorum of the committee, the committee may require any agency to hold a public hearing in respect to recommendations made under sub. (2) and to report its action to the committee within the time specified by the committee. The agency shall publish a class 1 notice, under ch. 985, of the hearing in the official state newspaper on the legislature's Web site for a reasonable period of time and give any other notice which the committee directs. The hearing shall be conducted in accordance with s. 227.18 and shall be held not more than 60 days after receipt of notice of the requirement.

AB75-ASA1, s. 2480 Section 2480. 227.54 of the statutes is amended to read:

AB75-ASA1,1330,4 227.54 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), 96.43 196.43, 253.06, and 448.02 (9).

AB75-ASA1, s. 2481 Section 2481. 230.01 (3) of the statutes is amended to read:

AB75-ASA1,1330,7 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB75-ASA1, s. 2482 Section 2482. 230.03 (3) of the statutes is amended to read:

AB75-ASA1,1330,18 230.03 (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. 52, 231, 232, 233, 234, 235, 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.

AB75-ASA1, s. 2483 Section 2483. 230.04 (18) of the statutes is created to read:

AB75-ASA1,1330,24 230.04 (18) The director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. The director shall establish by rule a methodology for determining the costs of services and materials charged to state agencies under this subsection. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k).

AB75-ASA1, s. 2484 Section 2484. 230.046 (10) (a) of the statutes is amended to read:

AB75-ASA1,1331,2 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB75-ASA1, s. 2485 Section 2485. 230.05 (9) of the statutes is created to read:

AB75-ASA1,1331,7 230.05 (9) The administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k).

AB75-ASA1, s. 2487 Section 2487. 230.08 (2) (pd) of the statutes is amended to read:

AB75-ASA1,1331,10 230.08 (2) (pd) The chairperson of the parole earned release review commission.

AB75-ASA1, s. 2488 Section 2488. 230.12 (3) (e) 1. of the statutes is amended to read:

AB75-ASA1,1332,10 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB75-ASA1, s. 2489 Section 2489. 230.35 (2d) (e) of the statutes is amended to read:

AB75-ASA1,1332,15 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB75-ASA1, s. 2490 Section 2490. 230.35 (3) (e) 6. of the statutes is amended to read:

AB75-ASA1,1332,20 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

AB75-ASA1, s. 2490h Section 2490h. 230.44 (1) (i) of the statutes is created to read:

AB75-ASA1,1332,24 230.44 (1) (i) Decisions affecting certain county employees by the department of children and families. A decision of the department of children and families relating to a county employee under s. 49.826 (3) (b).

AB75-ASA1, s. 2493 Section 2493. 230.88 (2) (b) of the statutes is amended to read:

AB75-ASA1,1333,9 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

AB75-ASA1, s. 2505 Section 2505. 243.10 (1) (form) of the statutes is amended to read:

AB75-ASA1,1333,11 243.10 (1) (form)

AB75-ASA1,1333,13 WISCONSIN BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY

AB75-ASA1,1334,7 NOTICE: THIS IS AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. BY SIGNING THIS DOCUMENT, YOU ARE NOT GIVING UP ANY POWERS OR RIGHTS TO CONTROL YOUR FINANCES AND PROPERTY YOURSELF. IN ADDITION TO YOUR OWN POWERS AND RIGHTS, YOU ARE GIVING ANOTHER PERSON, YOUR AGENT, BROAD POWERS TO HANDLE YOUR FINANCES AND PROPERTY. THIS BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY MAY GIVE THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR FINANCES AND PROPERTY, WHICH MAY INCLUDE POWERS TO ENCUMBER, SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THE POWERS WILL EXIST AFTER YOU BECOME DISABLED, OR INCAPACITATED, IF YOU CHOOSE THAT PROVISION. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF YOU OWN COMPLEX OR SPECIAL ASSETS SUCH AS A BUSINESS, OR IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN THIS FORM TO YOU BEFORE YOU SIGN IT.

AB75-ASA1,1334,21 IF YOU WISH TO CHANGE YOUR BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY, YOU MUST COMPLETE A NEW DOCUMENT AND REVOKE THIS ONE. YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE OR BY SIGNING A WRITTEN AND DATED STATEMENT EXPRESSING YOUR INTENT TO REVOKE THIS DOCUMENT. IF YOU REVOKE THIS DOCUMENT, YOU SHOULD NOTIFY YOUR AGENT AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY OF THE FORM. YOU ALSO SHOULD NOTIFY ALL PARTIES HAVING CUSTODY OF YOUR ASSETS. THESE PARTIES HAVE NO RESPONSIBILITY TO YOU UNLESS YOU ACTUALLY NOTIFY THEM OF THE REVOCATION. IF YOUR AGENT IS YOUR SPOUSE OR DOMESTIC PARTNER AND YOUR MARRIAGE IS ANNULLED, OR YOU ARE DIVORCED, OR THE DOMESTIC PARTNERSHIP IS TERMINATED AFTER SIGNING THIS DOCUMENT, THIS DOCUMENT IS INVALID.

AB75-ASA1,1334,25 SINCE SOME 3RD PARTIES OR SOME TRANSACTIONS MAY NOT PERMIT USE OF THIS DOCUMENT, IT IS ADVISABLE TO CHECK IN ADVANCE, IF POSSIBLE, FOR ANY SPECIAL REQUIREMENTS THAT MAY BE IMPOSED.

AB75-ASA1,1335,2 YOU SHOULD SIGN THIS FORM ONLY IF THE AGENT YOU NAME IS RELIABLE, TRUSTWORTHY AND COMPETENT TO MANAGE YOUR AFFAIRS.

AB75-ASA1,1335,7 I .... (insert your name and address) appoint .... (insert the name and address of the person appointed) as my agent to act for me in any lawful way with respect to the powers initialed below. If the person appointed is unable or unwilling to act as my agent, I appoint .... (insert name and address of alternate person appointed) to act for me in any lawful way with respect to the powers initialed below.

AB75-ASA1,1335,9 TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

AB75-ASA1,1335,11 TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

AB75-ASA1,1335,12 HANDLING MY MONEY AND PROPERTY

AB75-ASA1,1335,13 Initials

AB75-ASA1,1335,15 _____ 1. PAYMENTS OF BILLS: My agent may make payments that are necessary or appropriate in connection with the administration of my affairs.

AB75-ASA1,1335,21 _____ 2. BANKING: My agent may conduct business with financial institutions, including endorsing all checks and drafts made payable to my order and collecting the proceeds; signing in my name checks or orders on all accounts in my name or for my benefit; withdrawing funds from accounts in my name; opening accounts in my name; and entering into and removing articles from my safe deposit box.

AB75-ASA1,1335,24 _____ 3. INSURANCE: My agent may obtain insurance of all types, as considered necessary or appropriate, settle and adjust insurance claims and borrow from insurers and 3rd parties using insurance policies as collateral.

AB75-ASA1,1336,3 _____ 4. ACCOUNTS: My agent may ask for, collect and receive money, dividends, interest, legacies and property due or that may become due and owing to me and give receipt for those payments.

AB75-ASA1,1336,7 _____ 5. REAL ESTATE: My agent may manage real property; sell, convey and mortgage realty for prices and on terms as considered advisable; foreclose mortgages and take title to property in my name; and execute deeds, mortgages, releases, satisfactions and other instruments relating to realty.

AB75-ASA1,1336,9 _____ 6. BORROWING: My agent may borrow money and encumber my assets for loans as considered necessary.

AB75-ASA1,1336,13 _____ 7. SECURITIES: My agent may buy, sell, pledge and exchange securities of all kinds in my name; sign and deliver in my name transfers and assignments of securities; and consent in my name to reorganizations, mergers or exchange of securities for new securities.