Amendment ASA1-AB64

AB64-ASA1,1702 Section 1702 . 196.858 (2) of the statutes is amended to read:

AB64-ASA1,861,22 196.858 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone telecommunications relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed 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 telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.505 (1) (ir) 20.155 (1) (i).

AB64-ASA1,1703 Section 1703 . 202.051 (3) (c) of the statutes is amended to read:

AB64-ASA1,861,25 202.051 (3) (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB64-ASA1,1703m Section 1703m. 218.14 of the statutes is created to read:

AB64-ASA1,862,11 218.14 Service fees. (1) A dealer may not assess a purchaser of a recreational vehicle an additional service fee or charge for performing a vehicle inspection or completing a form that is related to the sale of the recreational vehicle and required by law unless the dealer discloses the fee or charge to the purchaser and provides a statement on the purchase or lease contract in substantially the following form: “A service fee or charge is not required by law but may be charged to recreational vehicle purchasers or lessees for services related to compliance with state and federal laws, verifications, and public safety and must be reasonable." The amount of a service fee or charge assessed by a dealer under this subsection may not be higher than the amount initially disclosed.

AB64-ASA1,862,14 (2) Upon request from a purchaser of a recreational vehicle, a dealer shall provide a written list of the services for which a service fee or charge under sub. (1) is assessed.

AB64-ASA1,862,16 (3) The department may audit a dealer to determine whether fees or charges assessed by the dealer under sub. (1) are reasonable.

AB64-ASA1,1703p Section 1703p. 224.42 (title) of the statutes is amended to read:

AB64-ASA1,862,19 224.42 (title) Disclosure of financial records for Medical Assistance and food stamp program eligibility.

AB64-ASA1,1703r Section 1703r. 224.42 (2) of the statutes is amended to read:

AB64-ASA1,862,23 224.42 (2) Financial record matching agreements. A financial institution is required to enter into an agreement with the department of health services under s. ss. 49.45 (4m) and 49.79 (1t).

AB64-ASA1,1703t Section 1703t. 224.42 (3) (a) and (b) of the statutes are amended to read:

AB64-ASA1,863,3 224.42 (3) (a) Disclosing a financial record of an individual or other information to the department of health services in accordance with an agreement, and its participation in the program, under s. 49.45 (4m) or 49.79 (1t).

AB64-ASA1,863,5 (b) Any other action taken in good faith to comply with s. 49.45 (4m) or 49.79 (1t).

AB64-ASA1,1704 Section 1704 . 224.48 (1) (am) of the statutes is created to read:

AB64-ASA1,863,7 224.48 (1) (am) “Department” means the department of financial institutions.

AB64-ASA1,1705 Section 1705 . 224.50 (1) (c) of the statutes is created to read:

AB64-ASA1,863,9 224.50 (1) (c) “Department” means the department of financial institutions.

AB64-ASA1,1706 Section 1706 . 224.51 (1g) of the statutes is created to read:

AB64-ASA1,863,12 224.51 (1g) In this section, “department” means the department of financial institutions.

AB64-ASA1,1712h Section 1712h. 227.118 of the statutes is created to read:

AB64-ASA1,863,23 227.118 Review of rules affecting state prosecutors office. (1) Report on rules affecting state prosecutors office. If a proposed rule directly affects the state prosecutors office, the agency proposing the rule shall, prior to submitting the proposed rule to the legislative council staff under s. 227.15, submit the proposed rule to the state prosecutors office. The state prosecutors office shall prepare a report on the proposed rule before it is submitted to the legislative council staff under s. 227.15. The state prosecutors office may request any information from other state agencies, local governments, individuals, or organizations that is reasonably necessary for the office to prepare the report. The state prosecutors office shall prepare the report within 30 days after the rule is submitted to the office.

AB64-ASA1,864,3 (2) Findings of the office to be contained in the report. The report of the state prosecutors office shall contain information about the effect of the proposed rule on the state prosecutors office.

AB64-ASA1,864,5 (3) Applicability. This section does not apply to emergency rules promulgated under s. 227.24.

AB64-ASA1,1740g Section 1740g. 227.19 (3) (em) of the statutes is created to read:

AB64-ASA1,864,8 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule directly affects the state prosecutors office.

AB64-ASA1,1754 Section 1754 . 227.55 of the statutes is renumbered 227.55 (1) and amended to read:

AB64-ASA1,864,24 227.55 (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.

AB64-ASA1,1755 Section 1755 . 227.55 (2) of the statutes is created to read:

AB64-ASA1,865,4 227.55 (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.

AB64-ASA1,1757e Section 1757e. 230.08 (2) (e) 4. of the statutes is repealed.

AB64-ASA1,1757m Section 1757m. 230.08 (2) (fq) of the statutes is created to read:

AB64-ASA1,865,7 230.08 (2) (fq) The director of the transportation projects commission.

AB64-ASA1,1758g Section 1758g. 230.08 (2) (qp) of the statutes is created to read:

AB64-ASA1,865,10 230.08 (2) (qp) The executive director and legislative liaison in the office of state prosecutors.

AB64-ASA1,1761 Section 1761 . 230.08 (4) (d) of the statutes is repealed.

AB64-ASA1,1761p Section 1761p. 230.12 (1) (cm) of the statutes is created to read:

AB64-ASA1,865,14 230.12 (1) (cm) Supplementary compensation; longevity awards for correctional officers and youth counselors. 1. In this paragraph:

AB64-ASA1,865,19 a. “Correctional officer” means an individual classified as a correctional officer or a correctional sergeant who is employed by the state and whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of persons committed under s. 980.06 at the secure mental health facility established under s. 46.055 or the Wisconsin resource center established under s. 46.056.

AB64-ASA1,865,23 b. “Youth counselor” means an individual classified as a youth counselor or a youth counselor-advanced who is employed by the state and whose principal duty is the supervision of juveniles held in a juvenile correctional facility, as defined in s. 938.02 (10p).

AB64-ASA1,865,25 2. The administrator shall include in the compensation plan the following length of service awards for correctional officers and youth counselors:

AB64-ASA1,866,1 a. On the employee's 10th anniversary of service, $250.

AB64-ASA1,866,2 b. On the employee's 15th anniversary of service, $500.

AB64-ASA1,866,3 c. On the employee's 20th anniversary of service, $750.

AB64-ASA1,866,5 d. On the employee's 25th anniversary of service, and each 5 year anniversary of service thereafter, $1,000.

AB64-ASA1,1762 Section 1762 . 230.13 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,866,9 230.13 (1) (intro.) Except as provided in sub. (3) and ss. 19.36 (10) to (12) and (11) and 103.13, the director and the administrator may keep records of the following personnel matters closed to the public:

AB64-ASA1,1762s Section 1762s. 230.33 (1) of the statutes is amended to read:

AB64-ASA1,866,21 230.33 (1) A person appointed to an unclassified position by the governor, elected officer, judicial body, or prosecutor board, or by a legislative body or committee shall be granted a leave of absence without pay for the duration of the appointment and for 3 months thereafter, during which time the person has restoration rights to the former position or equivalent position in the department in which last employed in a classified position without loss of seniority. The person shall also have reinstatement privileges for 5 years following appointment to the unclassified service or for one year after termination of the unclassified appointment whichever is longer. Restoration rights and reinstatement privileges shall be forfeited if the reason for termination of the unclassified appointment would also be reason for discharge from the former position in the classified service.

AB64-ASA1,1765 Section 1765 . 230.44 (4) (bm) of the statutes is amended to read:

AB64-ASA1,867,12 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the administrator made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a the commissioner or an attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying, or rejecting the decision of the administrator. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud, or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).

AB64-ASA1,1766 Section 1766 . 230.45 (1) (am) of the statutes is amended to read:

AB64-ASA1,867,16 230.45 (1) (am) Designate a commissioner or Serve as an arbitrator, or designate an attorney employed by the commission to serve as an arbitrator, in arbitrations under s. 230.44 (4) (bm).

AB64-ASA1,1767 Section 1767 . 230.85 (3) (b) of the statutes is amended to read:

AB64-ASA1,868,4 230.85 (3) (b) If, after hearing, the division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the division of equal rights must find that s. 802.05 (2) or 895.044 has been violated.

AB64-ASA1,1769 Section 1769 . 233.13 (intro.) of the statutes is amended to read:

AB64-ASA1,868,8 233.13 Closed records. (intro.) Except as provided in ss. 19.36 (10) to (12) and (11) and 103.13, the authority may keep records of the following personnel matters closed to the public:

AB64-ASA1,1769v Section 1769v. 238.115 (4) of the statutes is created to read:

AB64-ASA1,868,11 238.115 (4) Exception. After March 31, 2018, this section does not apply to the tax credits under ss. 238.308, 238.396, and 238.399.

AB64-ASA1,1770 Section 1770 . 238.123 of the statutes is repealed.

AB64-ASA1,1771 Section 1771 . 238.124 of the statutes is created to read:

AB64-ASA1,868,16 238.124 Loan limitations. (1) The corporation may not originate any loan that is forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals.

AB64-ASA1,868,20 (2) Each new lending program the corporation implements or administers shall adhere as closely as practicable to commonly accepted commercial lending practices. The corporation shall adopt policies and procedures implementing this subsection.

AB64-ASA1,1771s Section 1771s. 238.145 of the statutes is repealed.

AB64-ASA1,1774e Section 1774e. 238.15 (3) (d) (intro.) of the statutes is renumbered 238.15 (3) (d) and amended to read:

AB64-ASA1,869,15 238.15 (3) (d) Administration. The corporation, in consultation with the department of revenue, shall establish policies and procedures to administer this section and shall further define “bona fide angel investment" for purposes of s. 71.07 (5d) (a) 1. The aggregate amount of tax credits under s. 71.07 (5d) that may be claimed for investments in businesses certified under sub. (1) and of tax credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638 that may be claimed for investments paid to fund managers certified under sub. (2) is $30,000,000 per calendar year. The policies and procedures shall provide that a person who receives a credit under s. 71.07 (5b) or (5d), 71.28 (5b), 71.47 (5b), or 76.638 must keep the investment in a certified business, or with a certified fund manager, for no less than 3 years, unless the person's investment becomes worthless, as determined by the corporation, during the 3-year period or the person has kept the investment for no less than 12 months and a bona fide liquidity event, as determined by the corporation, occurs during the 3-year period. The policies and procedures shall permit the corporation to reallocate credits under this section in any calendar year that are unused in that calendar year to a person eligible for tax benefits, as defined under s. 238.30 (7) (e), if all of the following apply:

AB64-ASA1,1774f Section 1774f. 238.15 (3) (d) 1. of the statutes is repealed.

AB64-ASA1,1774g Section 1774g. 238.15 (3) (d) 2. of the statutes is repealed.

AB64-ASA1,1774k Section 1774k. 238.16 (4) (c) of the statutes is amended to read:

AB64-ASA1,869,21 238.16 (4) (c) Subject to a reallocation by the corporation pursuant to policies and procedures adopted under s. 238.15 (3) (d), the The corporation may allocate up to $10,000,000 in tax benefits under this section in any calendar year.

AB64-ASA1,1775 Section 1775 . 238.17 of the statutes is renumbered 238.17 (1) and amended to read:

AB64-ASA1,870,4 238.17 (1) For taxable years beginning after December 31, 2013, the corporation may certify a person to claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6), if the corporation determines that the person is conducting an eligible activity under s. 71.07 (9m), 71.28 (6), or 71.47 (6). No person may claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6) without first being certified under this section subsection.

AB64-ASA1,1775g Section 1775g. 238.17 (2) of the statutes is created to read:

AB64-ASA1,870,8 238.17 (2) Beginning July 1, 2018, the corporation may not certify persons to claim more than a total of $5,000,000 in tax credits for all projects undertaken on the same parcel.

AB64-ASA1,1775m Section 1775m. 238.17 (3) of the statutes is created to read:

AB64-ASA1,870,15 238.17 (3) (a) Except as provided in par. (b), the corporation may not certify a person for a tax credit under sub. (1) if the person is not subject to the taxes imposed under s. 71.02, 71.08, 71.23, or 71.43, except that the corporation may certify a nonprofit entity described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under sub. (1) if the entity intends to sell or otherwise transfer the credit, as provided under s. 71.07 (9m), 71.28 (6) (h), or 71.47 (6) (h).

AB64-ASA1,871,2 (b) The corporation may certify a nonprofit entity not described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under sub. (1) by submitting the proposal for the certification to the joint committee on finance for approval. If the cochairpersons of the joint committee on finance do not notify the corporation within 14 working days after the date of the corporation's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented as proposed by the corporation. If, within 14 working days after the corporation's submittal, the cochairpersons of the joint committee on finance notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented only upon approval of the committee.

AB64-ASA1,1779L Section 1779L. 238.28 of the statutes is created to read:

AB64-ASA1,871,7 238.28 Refundable tax credits. (1) Policies and procedures. The corporation shall adopt policies and procedures implementing ss. 71.07 (3w) (c) 1. b., (3wm) (d), and (3y) (d) 2. b., 71.28 (3w) (c) 1. b., (3wm) (d), and (3y) (d) 2. b., and 71.47 (3w) (c) 1. b. and (3y) (d) 2. b.

AB64-ASA1,871,10 (2) Use of credits. It is the intent of the legislature that all credits awarded under ss. 238.16, 238.308, 238.396, and 238.399 become a permanent part of the working capital structure of businesses claiming the credits.

AB64-ASA1,1779m Section 1779m. 238.308 (4) (b) of the statutes is amended to read:

AB64-ASA1,871,15 238.308 (4) (b) Subject to a reallocation by the corporation under s. 238.15 (3) (d), the The corporation may allocate up to $17,000,000 in tax benefits under this section in 2016 and up to $22,000,000 per in tax benefits under this section each year thereafter. Any unused allocation may be carried forward.

AB64-ASA1,1779n Section 1779n. 238.308 (4) (c) of the statutes is created to read:

AB64-ASA1,871,18 238.308 (4) (c) In any year, the corporation may exceed the annual limit on tax benefits specified in par. (b) by up to $10,000,000 if all of the following apply:

AB64-ASA1,871,20 1. The corporation notifies the joint committee on finance in writing of its proposal to exceed the annual limit on tax benefits specified in par. (b).

AB64-ASA1,871,23 2. The corporation submits with its notification under subd. 1. evidence that shows the corporation's proposal is necessary to accomplish the corporation's statewide economic development objectives.

AB64-ASA1,871,24 3. Any of the following is true:

AB64-ASA1,872,4 a. The cochairpersons of the joint committee on finance fail to notify the corporation, within 14 working days after the date of the corporation's notification under subd. 1., that the committee has scheduled a meeting for the purpose of reviewing the corporation's proposal.