AB56: Bill Text

AB56,947,13 227.40 (3) (c) Failure to set forth the invalidity of a rule or guidance document in a pleading or to commence a declaratory judgment proceeding within a reasonable time pursuant to the order of the court or to prosecute the declaratory judgment action without undue delay shall preclude the party from asserting or maintaining that the rule or guidance document is invalid.

AB56,1845 Section 1845. 227.40 (4) (a) of the statutes is amended to read:

AB56,947,19 227.40 (4) (a) In any proceeding pursuant to this section for judicial review of a rule or guidance document, the court shall declare the rule or guidance document invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was promulgated or adopted without compliance with statutory rule-making or adoption procedures.

AB56,1846 Section 1846. 227.40 (6) of the statutes is amended to read:

AB56,948,2 227.40 (6) Upon entry of a final order in a declaratory judgment action under sub. (1) with respect to a rule, the court shall send an electronic notice to the legislative reference bureau of the court's determination as to the validity or invalidity of the rule, in a format approved by the legislative reference bureau, and the legislative reference bureau shall publish a notice of that determination in the Wisconsin administrative register under s. 35.93 (2) and insert an annotation of that determination in the Wisconsin administrative code under s. 13.92 (4) (a).

AB56,1847 Section 1847. 227.43 (1) (bm) of the statutes is repealed.

AB56,1848 Section 1848. 227.43 (2) (am) of the statutes is repealed.

AB56,1849 Section 1849. 227.43 (3) (bm) of the statutes is repealed.

AB56,1850 Section 1850. 227.43 (4) (bm) of the statutes is repealed.

AB56,1851 Section 1851. 227.57 (11) of the statutes is amended to read:

AB56,948,11 227.57 (11) Upon review of an agency action or decision affecting a property owner's use of the property owner's property, the court shall accord no deference to the agency's interpretation of law if the agency action or decision restricts the property owner's free use of the property owner's property.

AB56,1852 Section 1852 . 229.682 (2) of the statutes is created to read:

AB56,948,14 229.682 (2) Prevailing wage. The construction of a baseball park facility that is financed in whole or in part by a district is subject to s. 66.0903.

AB56,1853 Section 1853 . 229.8275 of the statutes is created to read:

AB56,948,21 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct or renovate football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees to all of the following:

AB56,949,2 (1) Not to allow any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or allowed to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.0903, to be paid less than the prevailing wage rate or to be required or allowed to work more than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).

AB56,949,8 (2) To require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to keep and allow inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and allow inspection of records under s. 66.0903 (10).

AB56,949,16 (3) To comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903 and to require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.

AB56,1854 Section 1854 . 230.01 (2) (b) of the statutes is amended to read:

AB56,949,24 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, or political affiliation, or status as a holder or nonholder of a license under s. 343.03 (3m).

AB56,1855 Section 1855. 230.08 (2) (wc) of the statutes is repealed.

AB56,1856 Section 1856. 230.08 (2) (ya) of the statutes is created to read:

AB56,950,3 230.08 (2) (ya) The director of the office of sustainability and clean energy in the department of administration.

AB56,1857 Section 1857 . 230.18 of the statutes is amended to read:

AB56,950,16 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry, or status as a holder or nonholder of a license under s. 343.03 (3m) except as otherwise provided.

AB56,1858 Section 1858. 234.03 (13m) of the statutes is amended to read:

AB56,950,19 234.03 (13m) To purchase and enter into commitments for the purchase of veterans housing loans made pursuant to s. 45.37, 2017 stats.

AB56,1859 Section 1859. 234.18 of the statutes is amended to read:

AB56,951,2 234.18 Limit on amount of outstanding bonds and notes. The authority may not issue notes and bonds that are secured by a capital reserve fund to which s. 234.15 (4) applies if, upon issuance, the total aggregate outstanding principal amount of notes and bonds that are secured by a capital reserve fund to which s. 234.15 (4) applies would exceed $600,000,000 $1,000,000,000. This section does not apply to bonds and notes issued to refund outstanding notes and bonds.

AB56,1860 Section 1860 . 234.29 of the statutes is amended to read:

AB56,951,14 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

AB56,1861 Section 1861 . 234.29 of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB56,952,2 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, or sexual orientation; status as a holder or nonholder of a license under s. 343.03 (3m); status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u); whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

AB56,1862 Section 1862. 234.40 (1) of the statutes is amended to read:

AB56,952,6 234.40 (1) The authority shall issue its negotiable bonds in such principal amount and length of maturity as to provide sufficient funds for veterans housing loans to be made pursuant to s. 45.37, 2017 stats.

AB56,1863 Section 1863. 234.40 (3) of the statutes is amended to read:

AB56,952,12 234.40 (3) It is the intent of the legislature that the authority be used to finance the veterans housing program. Nothing in this chapter shall be construed to supersede the powers vested by subch. III of ch. 45 in the department of veterans affairs for carrying out program responsibilities for which debt has been incurred by the authority.

AB56,1864 Section 1864. 234.41 (1) of the statutes is amended to read:

AB56,952,17 234.41 (1) There is established under the jurisdiction of the authority a veterans housing loan fund. All moneys resulting from the sale of bonds for the purpose of veterans housing pursuant to s. 45.37, 2017 stats., unless credited to the veterans capital reserve fund, shall be credited to the fund.

AB56,1865 Section 1865. 234.41 (2) of the statutes is amended to read:

AB56,952,23 234.41 (2) The authority shall use moneys in the fund for the purpose of purchasing loans representing veterans housing loans pursuant to s. 45.37, 2017 stats. All disbursements of funds under this section for purchasing mortgage loans shall be made payable to authorized lenders as defined in s. 45.31 (3), 2017 stats., and eligible persons as defined in s. 45.31 (5), 2017 stats.

AB56,1866 Section 1866. 234.43 (2) (c) of the statutes is amended to read:

AB56,953,2 234.43 (2) (c) For repayment of advances from the state made through s. 20.485 (3) (b), 2017 stats;

AB56,1867 Section 1867. 238.02 (1) of the statutes is amended to read:

AB56,953,23 238.02 (1) There is created an authority, which is a public body corporate and politic, to be known as the “Wisconsin Economic Development Corporation." The members of the board shall consist of 6 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor; 4 3 members appointed by the speaker of the assembly, consisting of one majority and one minority party representative to the assembly, appointed as are the members of standing committees in the assembly, and one person employed in the private sector, to serve 4-year terms; one member appointed by the minority leader of the assembly to serve a 4-year term; 4 at the speaker's pleasure; and 3 members appointed by the senate majority leader, consisting of one majority and one minority party senator, appointed as are members of standing committees in the senate, and one person employed in the private sector, to serve 4-year terms; and one member appointed by the minority leader of the senate to serve a 4-year term. Neither the speaker of the assembly nor the senate majority leader may appoint more than 2 members of the legislature to the board at the majority leader's pleasure. The secretary of administration and the secretary of revenue shall also serve on the board as nonvoting members. The board shall elect a chairperson from among its nonlegislative voting members. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

AB56,1868 Section 1868 . 238.02 (2) of the statutes is amended to read:

AB56,954,5 238.02 (2) A majority of the appointed voting members of the board currently serving constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the appointed voting members present.

AB56,1869 Section 1869. 238.04 (15) of the statutes is repealed.

AB56,1870 Section 1870. 238.07 (1) of the statutes is amended to read:

AB56,954,11 238.07 (1) Annually, by January October 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report identifying the economic development projects that the board intends to develop and implement during the current calendar fiscal year.

AB56,1871 Section 1871. 238.07 (2) (ag) of the statutes is amended to read:

AB56,954,16 238.07 (2) (ag) An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program if the job meets the criteria for receiving a grant, loan award, or tax credit under the program.

AB56,1872 Section 1872. 238.07 (2) (ar) of the statutes is amended to read:

AB56,954,20 238.07 (2) (ar) An accounting of the industry classification, by municipality, of each job created or retained in the state as a result of the program if the job meets the criteria for receiving a grant, loan award, or tax credit under the program.

AB56,1873 Section 1873. 238.08 of the statutes is renumbered 238.08 (1) and amended to read:

AB56,955,3 238.08 (1) All records of the corporation are open to the public as provided in s. 19.35 (1) except those records relating to pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain confidential to protect the competitive nature of the grant, loan, or project and except records received from the department of revenue pursuant to an agreement under s. 71.78 (5).

AB56,1874 Section 1874. 238.08 (2) of the statutes is created to read:

AB56,955,10 238.08 (2) The corporation shall maintain on its Internet site a searchable, electronic database that allows any person to inspect all final contracts, including final amendments to these contracts, under which the corporation agrees to provide a grant, loan, or tax benefit. The corporation shall add a final contract or final amendment to the database no later than 30 days after the contract or amendment is executed.

AB56,1875 Section 1875 . 238.095 of the statutes is created to read:

AB56,955,14 238.095 Contract requirements. (1) All terms of each contract the corporation executes shall, at the time the contract is executed, be in compliance with all applicable state laws and all applicable corporation policies and procedures.

AB56,955,19 (2) Prior to executing a contract with a person for the award of a grant, loan, or tax credit, the corporation shall establish, through payroll records or other business records the corporation determines are sufficient, the number of full-time employees employed by the person for the purpose of accounting for each full-time job created or retained during the course of the contract.

AB56,955,25 (3) Each contract the corporation executes with a person for the award of a grant, loan, or tax credit shall require the person to submit to the corporation payroll records, or other business records the corporation determines are sufficient, to verify the number of full-time jobs created or retained during the course of the contract. The corporation shall adopt policies and procedures establishing standards to verify the business records and full-time job data.

AB56,1876 Section 1876. 238.097 of the statutes is created to read:

AB56,956,7 238.097 Underwriting staff review. The corporation may not enter into a contract with a person for the award of a grant, loan, or tax credit before the corporation's underwriting staff completes a review of the person's application for the grant, loan, or tax credit, including an evaluation of all statutory requirements and all requirements under the corporation's policies and procedures that apply to the grant, loan, or tax credit.

AB56,1877 Section 1877 . 238.105 of the statutes is created to read:

AB56,956,16 238.105 Job elimination or relocation. (1) Each recipient of a grant, loan, or tax credit under this chapter shall report to the corporation each full-time job in this state that the recipient eliminates or relocates outside this state within 7 business days after the job is eliminated or relocated and shall describe in detail the circumstances of that job elimination or relocation. If extenuating circumstances make it impossible for the recipient to submit the report within 7 business days, the recipient may submit the report within 30 days after the full-time job is eliminated or relocated.

AB56,956,19 (2) A recipient of a grant, loan, or tax credit under this chapter may not use the grant, loan, or tax credit to reduce net employment in this state or relocate jobs outside this state.

AB56,1878 Section 1878. 238.115 (1) (f) of the statutes is amended to read:

AB56,956,24 238.115 (1) (f) The amount of tax credits the corporation determined each person identified under par. (e) was eligible to claim that, if already claimed that, must be repaid by the person as the result of a the revocation for each person identified under par. (e).

AB56,1879 Section 1879. 238.116 of the statutes is created to read:

AB56,957,5 238.116 Reporting of material changes in contracts for tax benefits. (1) Each contract the corporation executes with a taxpayer under which the taxpayer may be eligible to claim tax benefits in excess of $5,000,000 during the term of the contract shall include a requirement that the taxpayer promptly notify the corporation of all of the following:

AB56,957,6 (a) Each material change to a project subject to the contract.

AB56,957,10 (b) All effects of each material change under par. (a) on the contract's performance goals or requirements, including job retention, creation, or training and capital expenditures, and any effect on the timing of the taxpayer's achievement of the performance goals or requirements.

AB56,957,15 (2) The corporation shall notify the joint committee on finance of any material change for which the corporation receives notice under sub. (1) and, for any contract under which a taxpayer may be eligible to claim tax benefits in excess of $5,000,000 during the term of the contract, of any material change due to an amendment to the contract.

AB56,1880 Section 1880. 238.117 of the statutes is created to read:

AB56,957,20 238.117 Repayment of tax credits. No later than 7 days after the corporation receives a repayment of tax credits under this chapter, the corporation shall remit the full amount of that payment to the secretary of administration for deposit in the general fund.

AB56,1881 Section 1881. 238.135 of the statutes is amended to read:

AB56,958,3 238.135 Grants to regional economic development organizations. The corporation shall award annual grants to regional economic development organizations to fund economic development activities, including marketing activities. The total amount of grants awarded each year shall be at least $1,000,000. The amount of each a grant to fund marketing activities may not exceed $100,000 or the amount of matching funds the organization obtains from sources other than the corporation or the state, whichever is less.

AB56,1882 Section 1882. 238.17 (1) of the statutes is renumbered 238.17 (1) (a) and amended to read:

AB56,958,11 238.17 (1) (a) For Except as provided in par. (b), 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 subsection.

AB56,1883 Section 1883. 238.17 (1) (b) of the statutes is created to read:

AB56,958,15 238.17 (1) (b) The corporation may not certify a person to claim a tax credit under s. 71.07 (9m) (a) 3., 71.28 (6) (a) 3., or 71.47 (6) (a) 3. for taxable years beginning after December 31, 2018.

AB56,1884 Section 1884. 238.17 (2) of the statutes is amended to read:

AB56,958,22 238.17 (2) Beginning July 1, 2018, and ending on June 30, 2019, the corporation may not certify persons to claim more than a total of $3,500,000 in tax credits for all projects undertaken on the same parcel. Beginning July 1, 2019, the corporation may not certify persons to claim more than a total of $3,500,000 in tax credits for any project, regardless of the number of parcels on which the project is undertaken.

AB56,1885 Section 1885. 238.30 (4m) of the statutes is amended to read:

AB56,959,11 238.30 (4m) “Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), 2011 stats., or in a trial employment match program job subsidized employment placement, as defined in s. 49.141 (1) (n) (Lm), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under 26 USC 51 (d) (13) (A) by a designated local agency, as defined in 26 USC 51 (d) (12).

AB56,1886 Section 1886. 238.306 (3) of the statutes is repealed.