SB21: Bill Text

SB21,3584 Section 3584. 227.03 (4) of the statutes is amended to read:

SB21,1354,20 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of community supervision or aftercare supervision under s. 938.357 (5), the revocation of parole, extended 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.

SB21,3585 Section 3585. 227.10 (3) (e) of the statutes is amended to read:

SB21,1354,25 227.10 (3) (e) Nothing in this subsection prohibits the administrator director of the division bureau of merit recruitment and selection in the office of state employment relations department of administration from promulgating rules relating to expanded certification under s. 230.25 (1n).

SB21,3586 Section 3586. 227.43 (1) (bk) of the statutes is created to read:

SB21,1355,3 227.43 (1) (bk) Assign a hearing examiner to preside over any hearing or review under s. 44.40 (3m) or 44.42 (3).

SB21,3587 Section 3587. 227.43 (1) (bm) of the statutes is created to read:

SB21,1355,6 227.43 (1) (bm) Assign a hearing examiner to preside over any hearing or review of a worker's compensation claim or other dispute under ch. 102.

SB21,3588 Section 3588. 227.43 (2) (am) of the statutes is created to read:

SB21,1355,12 227.43 (2) (am) The office of the commissioner of insurance 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) (bm) after the office of the commissioner of insurance is notified that a hearing on the matter is required.

SB21,3589 Section 3589. 227.43 (3) (a) of the statutes is amended to read:

SB21,1355,17 227.43 (3) (a) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of natural resources by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21,3590 Section 3590. 227.43 (3) (b) of the statutes is amended to read:

SB21,1355,22 227.43 (3) (b) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of transportation by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21,3591 Section 3591. 227.43 (3) (bm) of the statutes is created to read:

SB21,1356,2 227.43 (3) (bm) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the office of the commissioner of insurance by a hearing examiner under this section. The fee shall cover the total cost of the services.

SB21,3592 Section 3592. 227.43 (3) (br) of the statutes is amended to read:

SB21,1356,7 227.43 (3) (br) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of public instruction by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21,3593 Section 3593. 227.43 (3) (f) of the statutes is created to read:

SB21,1356,12 227.43 (3) (f) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the historical society by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB21,3594 Section 3594. 227.43 (4) (bm) of the statutes is created to read:

SB21,1356,16 227.43 (4) (bm) The office of the commissioner of insurance shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bm), according to the fees set under sub. (3) (bm).

SB21,3595 Section 3595. 227.43 (4) (f) of the statutes is created to read:

SB21,1356,20 227.43 (4) (f) The historical society shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (bk), according to the fees set under sub. (3) (f).

SB21,3596 Section 3596. 227.47 (2) of the statutes is amended to read:

SB21,1357,7 227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the director of the office administrator of the division of state employment relations personnel management in the department of administration made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

SB21,3597 Section 3597. 227.52 (3) of the statutes is amended to read:

SB21,1357,14 227.52 (3) Those decisions of the division of banking department of financial institutions and professional standards that are subject to review, prior to any judicial review, by the banking review board, and decisions of the division of banking department of financial institutions and professional standards relating to savings banks or savings and loan associations, but no other institutions subject to the jurisdiction of the division of banking.

SB21,3598 Section 3598. 227.55 of the statutes is renumbered 227.55 (1) and amended to read:

SB21,1358,5 227.55 (1) Within 30 days after service of the petition for review upon the agency, or within such further time as the court may allow allows, the agency in possession of the record for the decision under review shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings in which the decision under review was made, including all pleadings, notices, testimony, exhibits, findings, decisions, orders, and exceptions, therein; but except that by stipulation of all parties to the review proceedings the record may be shortened by eliminating any portion thereof of the record. Any party, other than the agency that is a party, refusing to stipulate to limit the record may be taxed by the court for the additional costs. The Except as provided in sub. (2), the record may be typewritten or printed. The exhibits may be typewritten, photostated photocopied, or otherwise reproduced, or, upon motion of any party, or by order of the court, the original exhibits shall accompany the record. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

SB21,3599 Section 3599. 227.55 (2) of the statutes is created to read:

SB21,1358,10 227.55 (2) In the case of a record under sub. (1) that is in the possession of the division of hearings and appeals, if any portion of the record is in the form of an audio or video recording, the division may transmit to the reviewing court a copy of that recording in lieu of preparing a transcript, unless the court requests a transcript.

SB21,3600 Section 3600. 227.59 of the statutes is amended to read:

SB21,1359,4 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department, or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County, except an action or appeal for the review of any order of the department of workforce development or the department of safety and professional services financial institutions and professional standards under chs. 101, 107, 145, 157, 167, or 440 to 480 or findings and orders of the labor and industry review commission, which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.

SB21,3601 Section 3601. 229.46 (1) (ag) of the statutes is amended to read:

SB21,1359,7 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3602 Section 3602. 229.46 (1) (b) of the statutes is amended to read:

SB21,1359,10 229.46 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3603 Section 3603. 229.70 (1) (ag) of the statutes is amended to read:

SB21,1359,13 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3604 Section 3604. 229.70 (1) (am) of the statutes is amended to read:

SB21,1359,16 229.70 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3605 Section 3605. 229.70 (1) (b) of the statutes is amended to read:

SB21,1359,19 229.70 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3606 Section 3606. 229.8273 (1) (am) of the statutes is amended to read:

SB21,1359,22 229.8273 (1) (am) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3607 Section 3607. 229.8273 (1) (b) of the statutes is amended to read:

SB21,1359,25 229.8273 (1) (b) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3608 Section 3608. 229.8273 (1) (c) of the statutes is amended to read:

SB21,1360,3 229.8273 (1) (c) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3609 Section 3609. 229.842 (2) (b) of the statutes is amended to read:

SB21,1360,11 229.842 (2) (b) Three persons appointed by the governor, one of whom shall be selected from a list of 3 to 5 names that is submitted by the Board of Regents of the University of Wisconsin System Authority. Of the remaining 2 appointees under this paragraph, at least one of the appointees shall have a demonstrated interest in cultural arts activities and one of the appointees may be an elective state official. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification.

SB21,3610 Section 3610. 229.845 (1) (ag) of the statutes is amended to read:

SB21,1360,14 229.845 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3611 Section 3611. 229.845 (1) (am) of the statutes is amended to read:

SB21,1360,17 229.845 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3612 Section 3612. Subchapter VI (title) of chapter 229 [precedes 229.857] of the statutes is created to read:

SB21,1360,20 chapter 229

SB21,1360,21 subchapter VI

SB21,1360,23 local Sports and Entertainment districts

SB21,3613 Section 3613. 229.857 of the statutes is created to read:

SB21,1361,7 229.857 Legislative declaration. (1) The legislature determines that the provision of assistance by state agencies to a district under this subchapter and any appropriation of funds to a district under this subchapter serve a statewide public purpose by assisting the development of sports and entertainment facilities in the state for providing recreation, by encouraging economic development and tourism, by reducing unemployment, and by bringing needed capital into the state for the benefit and welfare of people throughout the state.

SB21,1361,12 (2) The legislature determines that a district serves a public purpose in political subdivisions in which it is located by providing recreation, by encouraging economic development and tourism, by reducing unemployment, and by bringing needed capital into the district's jurisdiction for the benefit of people in the district's jurisdiction.

SB21,3614 Section 3614. 229.858 of the statutes is created to read:

SB21,1361,14 229.858 Definitions. In this subchapter:

SB21,1361,17 (1) "Basketball arena" means an arena that is an arena that is principally used as the home arena of a professional basketball team, described in s. 229.860, at the time that a district is created.

SB21,1361,18 (2) "District" means a special purpose district created under this subchapter.

SB21,1361,19 (3) "District board" means the governing board of a district.

SB21,1361,20 (4) "Local unit" means a county or city that is described in s. 229.860.

SB21,1362,2 (5) "Sports and entertainment facilities" means property, tangible or intangible, owned in whole or in substantial part, operated, or leased by a district that is principally used for professional basketball, including spectator seating, practice facilities, parking lots and structures, garages, restaurants, concession facilities, entertainment facilities, facilities for the display or sale of memorabilia, transportation facilities, and other functionally related or auxiliary facilities or structures.

SB21,3615 Section 3615. 229.859 of the statutes is created to read:

SB21,1362,9 229.859 Creation and organization. (1) There is created, for each jurisdiction under s. 229.860, a special purpose district that is a local governmental unit, that is a body corporate and politic, that is separate and distinct from, and independent of, the state, and separate and distinct from, and independent of, the local units within its jurisdiction, that has the powers under s. 229.861 and the name of which includes "Sports and Entertainment District".

SB21,1362,15 (2) (a) A district is governed by its district board. Subject to pars. (g) and (h), the district board shall consist of 9 members appointed by the governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the senate. Persons appointed and confirmed under this paragraph shall serve staggered 7-year terms. The governor shall designate one member as chairperson of the district board.

SB21,1362,18 (b) Members of the district board shall be Wisconsin residents and shall have executive and managerial experience. No member may hold elective public office or be a candidate for elective public office.

SB21,1362,21 (c) A member of the district board who is appointed by the governor shall hold his or her position on the board until the member's successor is appointed by the governor and confirmed by the senate.

SB21,1362,25 (d) A majority of the current membership of the district board constitutes a quorum to do business. The district may take action based on the affirmative vote of a majority of those members of the district board who are present at a meeting of the district board.

SB21,1363,3 (e) No member of the district board may receive compensation for performing his or her duties. A member of the district board shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.

SB21,1363,6 (f) Upon the appointment and qualification of a majority of the members of a district board, the district board may exercise the powers and duties of a district board under this subchapter.

SB21,1363,12 (g) The county executive of a county described in s. 229.860 which provides funding to construct, equip, or improve sports and entertainment facilities under s. 229.863 shall appoint a member to the district board, subject to confirmation or rejection by a majority of the members-elect of the county board. A person appointed and confirmed under this paragraph shall serve a 7-year term, except that the initial term of the first member appointed under this paragraph shall be 5 years.

SB21,1363,18 (h) The mayor of a city described in s. 229.860 which provides funding to construct, equip, or improve sports and entertainment facilities under s. 229.863 shall appoint a member to the district board, subject to confirmation or rejection by a majority of the members-elect of the common council. A person appointed and confirmed under this paragraph shall serve a 7-year term, except that the initial term of the first member appointed under this paragraph shall be 6 years.

SB21,1363,21 (i) A member appointed under par. (g) or (h) is subject to the requirements under par. (b). Upon appointment and confirmation of such a member, the appointing authority shall certify the member to the secretary of administration.

SB21,1363,23 (3) The district board shall name the district, and the name shall include "Sports and Entertainment District".

SB21,3616 Section 3616. 229.860 of the statutes is created to read:

SB21,1364,8 229.860 Jurisdiction. A district's jurisdiction is any county with a population of more than 500,000 and a 1st class city that is located wholly or predominantly in that county, provided that the city includes the principal site of a basketball arena that is home to a professional basketball team, that is a member of a league of professional basketball teams that have home arenas in at least 10 states, and that is approved by that league for use as a home arena for that basketball team. Once created, the district's jurisdiction remains fixed even if population figures for the county decline below the minimum described in this section.

SB21,3617 Section 3617. 229.861 of the statutes is created to read:

SB21,1364,13 229.861 Powers of a district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter, except that it may not issue bonds or levy or impose a tax. In addition to all other powers granted by this subchapter, a district may do all of the following:

SB21,1364,14 (1) Adopt bylaws to govern the district's activities, subject to this subchapter.

SB21,1364,15 (2) Sue and be sued in its own name, plead, and be impleaded.