Amendment ASA1-AB40

AB40-ASA1,27L Section 27L. 13.92 (2) (j) of the statutes is amended to read:

AB40-ASA1,22,2 13.92 (2) (j) Prior to August 1 the end of each even-numbered year, report to the law revision committee those reported opinions of the attorney general, and those reported decisions of any federal district court, or any state or federal appellate court, in which Wisconsin statutes or session laws are stated to be in conflict, ambiguous, anachronistic, unconstitutional, or otherwise in need of revision.

AB40-ASA1,27p Section 27p. 13.92 (2m) (title), (a), (b) and (d) of the statutes are amended to read:

AB40-ASA1,22,5 13.92 (2m) (title) Printing Publication costs.

AB40-ASA1,22,6 (a) Printing Publication of the Wisconsin statutes under s. 35.18 (1).

AB40-ASA1,22,7 (b) Printing Publication of the Wisconsin town law forms under s. 35.20.

AB40-ASA1,22,9 (d) Printing Publication of the Wisconsin administrative code and register under s. 35.93.

AB40-ASA1,27pg Section 27pg. 13.92 (2m) (c) of the statutes is repealed.

AB40-ASA1,27pk Section 27pk. 13.92 (4) (a) of the statutes is amended to read:

AB40-ASA1,22,18 13.92 (4) (a) The legislative reference bureau shall prepare copy for publication in compile and publish the Wisconsin administrative code as provided in s. 35.93 (3). Whenever the legislative reference bureau receives notice under s. 227.40 (6) of the entry of a declaratory judgment determining the validity or invalidity of a rule, the legislative reference bureau shall insert an annotation of that determination in the Wisconsin administrative code under the rule that was the subject of the determination.

AB40-ASA1,27pr Section 27pr. 13.94 (1) (dh) of the statutes is repealed.

AB40-ASA1,27q Section 27q. 13.94 (1s) (c) 4. of the statutes is repealed.

AB40-ASA1,27s Section 27s. 13.95 (intro.) of the statutes is amended to read:

AB40-ASA1,23,9 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB40-ASA1,28 Section 28. 14.11 (2) (b) of the statutes is amended to read:

AB40-ASA1,23,16 14.11 (2) (b) When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. The contract shall be executed in behalf of the state by the governor, and shall be filed in the office of the secretary of state. Such compensation shall be charged to the special counsel appropriation in s. 20.455 (1) (b) 20.505 (1) (d).

AB40-ASA1,28m Section 28m. 14.58 (4) of the statutes is created to read:

AB40-ASA1,23,20 14.58 (4) Unclaimed property program. Provide services related to the promotion of the unclaimed property program under ch. 177 in consultation with the secretary of revenue.

AB40-ASA1,29 Section 29. 15.01 (6) of the statutes is amended to read:

AB40-ASA1,24,9 15.01 (6) "Division," "bureau," "section ," and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration and the office of credit unions in the department of financial institutions, the office of the inspector general in the department of children and families, the office of the inspector general in the department of health services, and the office of children's mental health in the department of health services have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

AB40-ASA1,30 Section 30. 15.02 (3) (c) 1. of the statutes is amended to read:

AB40-ASA1,24,19 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration and the office of credit unions in the department of financial institutions and the office of children's mental health in the department of health services have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration and the director of credit unions in the department of financial institutions and the director of the office of children's mental health in the department of health services have the meaning of "administrator" under this subdivision.

AB40-ASA1,31 Section 31. 15.05 (3) of the statutes is repealed and recreated to read:

AB40-ASA1,24,24 15.05 (3) Assistant deputy secretary and executive assistant. (a) Each secretary may appoint an assistant deputy secretary to serve at his or her pleasure outside the classified service. The assistant deputy secretary shall perform duties as the secretary prescribes.

AB40-ASA1,25,5 (b) The attorney general, the adjutant general, the director of the technical college system, and the state superintendent of public instruction may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as his or her appointing authority prescribes.

AB40-ASA1,32 Section 32. 15.05 (5) (title) of the statutes is amended to read:

AB40-ASA1,25,8 15.05 (5) (title) Executive Assistant deputy secretary and executive assistant approvals.

AB40-ASA1,33 Section 33. 15.06 (3) (a) 4. of the statutes is created to read:

AB40-ASA1,25,10 15.06 (3) (a) 4. The members of the employment relations commission.

AB40-ASA1,34 Section 34. 15.06 (3) (c) of the statutes is created to read:

AB40-ASA1,25,16 15.06 (3) (c) Each member of the employment relations commission shall be appointed to two-thirds of a full-time equivalent position. No member may engage in any other occupation, business, or activity that is in any way inconsistent with the performance of the member's duties nor shall the member hold any other public office.

AB40-ASA1,35 Section 35. 15.06 (4m) of the statutes is amended to read:

AB40-ASA1,25,22 15.06 (4m) Executive assistant. Each commission chairperson under s. 230.08 (2) (m) and each commissioner of the public service commission may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the chairperson or commissioner prescribes.

AB40-ASA1,37 Section 37. 15.105 (19) of the statutes is repealed.

AB40-ASA1,38 Section 38. 15.107 (18) (b) 1. of the statutes is amended to read:

AB40-ASA1,26,4 15.107 (18) (b) 1. The executive director of the office of justice assistance attorney general, the adjutant general, the secretary of natural resources, the secretary of transportation, and a representative from the department of administration with knowledge of information technology, or their designees.

AB40-ASA1,39 Section 39. 15.193 of the statutes is created to read:

AB40-ASA1,26,8 15.193 Same; specified divisions. (1) Office of the inspector general. There is created in the department of health services an office of the inspector general.

AB40-ASA1,40 Section 40. 15.194 of the statutes is created to read:

AB40-ASA1,26,13 15.194 Same; offices. (1) Office of children's mental health. There is created an office of children's mental health in the department of health services. The director of the office shall be appointed by the governor to serve at the pleasure of the governor.

AB40-ASA1,40m Section 40m. 15.204 of the statutes is created to read:

AB40-ASA1,26,18 15.204 Same; offices. (1) Office of the inspector general. There is created an office of the inspector general in the department of children and families. The inspector general shall be appointed by, and report directly to, the secretary of children and families.

AB40-ASA1,43 Section 43. 15.255 (1) (a) 1. of the statutes is amended to read:

AB40-ASA1,26,22 15.255 (1) (a) 1. Six Seven representatives of local law enforcement in this state, at least one of whom shall be a sheriff and at least one of whom shall be a chief of police.

AB40-ASA1,44 Section 44. 15.255 (1) (a) 7. of the statutes is repealed.

AB40-ASA1,47 Section 47. 15.58 of the statutes is renumbered 15.225 (2) and amended to read:

AB40-ASA1,27,6 15.225 (2) Employment relations commission; creation. There is created an employment relations commission which is attached to the department of workforce development under s. 15.03, except the budget of the employment relations commission shall be transmitted by the department to the governor without change or modification by the department, unless agreed to by the employment relations commission.

AB40-ASA1,49m Section 49m. 16.002 (2) of the statutes is amended to read:

AB40-ASA1,27,12 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB40-ASA1,49n Section 49n. 16.004 (4) of the statutes is amended to read:

AB40-ASA1,27,19 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs. 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB40-ASA1,49p Section 49p. 16.004 (5) of the statutes is amended to read:

AB40-ASA1,27,25 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs. 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB40-ASA1,49r Section 49r. 16.004 (12) (a) of the statutes is amended to read:

AB40-ASA1,28,9 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40-ASA1,50 Section 50. 16.004 (15) (a) of the statutes is amended to read:

AB40-ASA1,28,13 16.004 (15) (a) In this subsection, "state agency" means a any office, department, or independent agency in the executive branch of state government that has a secretary who serves at the pleasure of the governor.

AB40-ASA1,51 Section 51. 16.004 (15) (b) of the statutes is repealed and recreated to read:

AB40-ASA1,28,18 16.004 (15) (b) 1. At its own discretion, the department may provide legal services to any state agency that has a secretary who serves at the pleasure of the governor and shall assess the state agency for legal services provided by the division of legal services.

AB40-ASA1,28,22 2. At the request of any state agency that does not have a secretary who serves at the pleasure of the governor, the department may provide legal services to the state agency and shall assess the state agency for legal services provided by the division of legal services.

AB40-ASA1,28,24 3. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

AB40-ASA1,53 Section 53. 16.004 (18) of the statutes is created to read:

AB40-ASA1,29,4 16.004 (18) Intergovernmental affairs offices. The secretary may maintain intergovernmental affairs offices to conduct public outreach and promote coordination between agencies, as defined in s. 16.70 (1e), and authorities, as defined in s. 16.70 (2).

AB40-ASA1,54c Section 54c. 16.045 (1) (a) of the statutes is amended to read:

AB40-ASA1,29,11 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB40-ASA1,54m Section 54m. 16.08 of the statutes is created to read:

AB40-ASA1,29,14 16.08 Reimbursement of businesses for assisting local governmental units in establishing efficiency programs. (1) In this section:

AB40-ASA1,29,17 (a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, corporation, or other organization or enterprise, whether operated for profit or not for profit.

AB40-ASA1,29,22 (b) "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, the town board chairperson of a town, or the county executive of a county, or, if the county does not have a county executive, the chairperson of the county board of supervisors.

AB40-ASA1,30,2 (c) "Lean program" means a program established by a governmental unit to increase the value of the goods and services it provides with the fewest possible resources. Such a program should develop administrative structures and processes that minimize human effort, building and office space, capital, and time in the provision of goods and services.

AB40-ASA1,30,3 (d) "Local governmental unit" means a city, village, town, or county.

AB40-ASA1,30,7 (2) (a) A local governmental unit may enter into an agreement with a business to assist the local governmental unit in establishing a lean program. A local governmental unit that enters into such an agreement shall establish a steering committee to oversee the implementation of the lean program.

AB40-ASA1,30,11 (b) After providing assistance to a local governmental unit, the business shall submit to the local governmental unit an invoice for the cost of its services. A business may not submit an invoice for the cost of any services provided by another entity that performed services for the business.

AB40-ASA1,30,16 (c) After the local governmental unit has established its lean program, the chief elected official of the local governmental unit to which an invoice is submitted under par. (b) shall certify the invoice and submit the certified invoice to the department for reimbursement. An invoice may be submitted not more than 2 times in any 5-year period.

AB40-ASA1,30,22 (3) From the appropriation account under s. 20.505 (1) (dv), the department shall pay directly to businesses the amounts in the certified invoices submitted under sub. (2) (c), subject to a maximum payment of $2,000 per invoice. If the department determines that the amount of moneys appropriated under s. 20.505 (1) (dv) is not sufficient to pay the amounts in the certified invoices, the department may prorate the amount of its payments.

AB40-ASA1,31,2 (4) Each local governmental unit that establishes a lean program with the assistance of a business that received a reimbursement under sub. (3) shall submit a report to the department describing and documenting the achieved efficiencies under the program. The local governmental unit shall submit the report no later than one year after establishing its lean program.

AB40-ASA1,31,6 (5) If the department enters into an agreement with a business to provide services for a lean program, the department shall ensure that the business agrees to provide services to any local governmental unit for its lean program at the same rate.

AB40-ASA1,54s Section 54s. 16.15 (1) (ab) of the statutes is amended to read:

AB40-ASA1,31,11 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin Economic Development Corporation, and the Health Insurance Risk-Sharing Plan Authority.

AB40-ASA1,55 Section 55. 16.283 (1) (b) 3. of the statutes is amended to read:

AB40-ASA1,31,15 16.283 (1) (b) 3. A person who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under 38 USC 1114 or 1134 of at least 30 20 percent.

AB40-ASA1,56 Section 56. 16.283 (3) (b) of the statutes is renumbered 16.283 (3) (b) 1m.

AB40-ASA1,57 Section 57. 16.283 (3) (b) 2m. of the statutes is created to read:

AB40-ASA1,32,2 16.283 (3) (b) 2m. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial advisor, or investment firm is certified, or otherwise classified, as a disabled veteran-owned business, financial advisor, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disabled veteran-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1m.

AB40-ASA1,58 Section 58. 16.283 (3) (d) of the statutes is amended to read:

AB40-ASA1,32,11 16.283 (3) (d) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1m. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB40-ASA1,59 Section 59. 16.285 (1) (b) of the statutes is amended to read:

AB40-ASA1,32,23 16.285 (1) (b) The department shall implement a program for the certification of woman-owned businesses. The department shall compile and periodically update a list of businesses certified under this section and shall make the list available to the public on the Internet may, without conducting an investigation, certify a business currently performing a useful business function in this state as a woman-owned business if the business is certified, or otherwise classified, as a woman-owned business by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying woman-owned businesses if the business uses substantially the same process as the department promulgates by rule for implementing this subsection.

AB40-ASA1,60 Section 60. 16.285 (2) of the statutes is amended to read: