1999 Wisconsin Act 9

(a) The applicant has failed to provide its federal employer identification number under s. 224.923.

(b) The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to a notice or hearing under sub. (4).

(c) The applicant is an individual who has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice and a hearing under s. 49.857 but is not entitled to a notice or hearing under sub. (4).

(2) Discretionary denial or disciplinary action. The division may deny an application for issuance or renewal of a license under this subchapter or may revoke, suspend or limit a license issued under this subchapter if the division finds that the applicant or nondepository lender did any of the following:

(a) Made a material misstatement in an application for issuance or renewal of a license issued under this subchapter or in information provided to the division.

(b) Demonstrated a lack of competency to act as a nondepository lender.

(c) Violated any provision of this subchapter or any rule of the division.

(3) Disciplinary orders. The division may issue general or special orders necessary to prevent or correct actions by a nondepository lender that constitute cause under this section for revoking, suspending or limiting a license.

(4) Appeal of denial or disciplinary action. A person whose application for issuance or renewal of a license under this subchapter has been denied or whose license has been revoked, suspended or limited under this section may request a hearing under s. 227.42 within 30 days after the date of denial, revocation, suspension or limitation. Failure of a person to request a hearing within the time provided under this subsection is a waiver of the person's right to a hearing on the denial, revocation, suspension or limitation.

224.96 Required loan loss reserve. Each licensee shall provide for a loan loss reserve sufficient to cover projected loan losses that are not guaranteed by the U.S. government or any agency of the U.S. government.

224.97 Division review of nondepository lender operations. The division may, at any reasonable time, examine the books of account, records, condition and affairs of a nondepository lender licensed under this subchapter. The division shall examine the books of account, records, condition and affairs of every nondepository lender licensed under this subchapter at least once during every 12 month period. The division shall prepare a report of each examination conducted under this section. As part of an examination under this section or as part of the preparation of an examination report, the division may examine under oath any person in control, officer, director, agent, employe or customer of the nondepository lender. The division may require a nondepository lender that is examined under this section to pay to the division a reasonable fee for the costs of conducting the examination.

224.98 Powers of licensee. A licensee may do any of the following:

(1) Participate in the loan guaranty program under 15 USC 636 (a).

(2) Participate in any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing or management assistance to business firms.

224.985 Required records and reports. (1) Record keeping. A licensee shall keep books, accounts, and other records in such a form and manner as required by rule of the division. These records shall be kept at a location and shall be preserved for a length of time as prescribed by rule of the division.

(2) Annual report. Not more than 90 days after the close of a licensee's fiscal year or upon request of the division, every licensee shall file with the division a report containing all of the following:

(a) Financial statements, including the balance sheet, the statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position of the licensee. The licensee shall ensure that the financial statements have been audited by an independent certified public account and prepared in accordance with generally accepted account principles.

(b) Other relevant information requested by the division.

224.99 Rule making. The division may promulgate rules for the efficient administration of this subchapter.

9,2353m Section 2353m. 227.01 (1) of the statutes is amended to read:

227.01 (1) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

9,2353n Section 2353n. 227.01 (1) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

227.01 (1) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

9,2353s Section 2353s. 227.01 (13) (t) of the statutes is amended to read:

227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (j) 3. c., 66.293, 103.49 and or 103.50, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (j) 3. c., 66.293, 103.49 and or 103.50 is subject to judicial review under s. 227.40.

9,2353sm Section 2353sm. 227.01 (13) (zu) of the statutes is created to read:

227.01 (13) (zu) Establishes standards under subch. IX of ch. 254.

9,2355m Section 2355m. 227.113 of the statutes is created to read:

227.113 Incorporation of local, comprehensive planning goals. Each agency, where applicable and consistent with the laws that it administers, is encouraged to design the rules promulgated by the agency to reflect a balance between the mission of the agency and the goals specified in s. 1.13 (2).

9,2355mm Section 2355mm. 227.14 (1s) of the statutes is created to read:

227.14 (1s) Exception; preparation of certain rules based on federal food code. Notwithstanding sub. (1), if the department of agriculture, trade and consumer protection or the department of health and family services prepares a proposed rule based on the model food code published by the federal food and drug administration, the proposed rule may be in the format of the model food code.

9,2356m Section 2356m. 227.43 (1) (bg) of the statutes is amended to read:

227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

9,2357a Section 2357a. 227.52 (5) of the statutes is amended to read:

227.52 (5) Decisions of the division of savings and loan institutions.

9,2358a Section 2358a. 227.53 (1) (b) 4. of the statutes is amended to read:

227.53 (1) (b) 4. The savings and loan review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings and loan review board shall be the named respondents.

9,2359a Section 2359a. 227.53 (1) (b) 5. of the statutes is amended to read:

227.53 (1) (b) 5. The savings bank review board, the division of savings and loan institutions, except if the petitioner is the division of savings and loan institutions, the prevailing parties before the savings bank review board shall be the named respondents.

9,2359h Section 2359h. 229.42 (7) (b) 1. of the statutes is amended to read:

229.42 (7) (b) 1. Subject to subds. 2. and 3., the terms of office of the members of the board shall be 3 years, except that for the initial appointments for a newly created district, as specified in the enabling resolution, 4 of the appointments shall be for one year, 4 appointments, including the 3 members appointed under sub. (4) (d), shall be for 2 years and 4 appointments shall be for 3 years. The cochairpersons of the joint committee on finance or their designees shall serve on the board for a term that is concurrent with their terms in office and the comptroller's appointment shall be for the comptroller's tenure in his or her position. No member who is an officer or employe of a private sector entity may serve more than 2 consecutive full terms.

9,2359tb Section 2359tb. 230.04 (19m) of the statutes is created to read:

230.04 (19m) The secretary shall ensure that no agency require that its employes record their number of hours worked during any part of a pay period on a form on which the employe's social security number is printed.

9,2359ti Section 2359ti. 230.046 (2) of the statutes is amended to read:

230.046 (2) Supervisory training. After initial appointment to a supervisory position, the each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program approved by the secretary. A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employes with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.

9,2359to Section 2359to. 230.046 (3) (intro.) of the statutes is amended to read:

230.046 (3) Training programs. (intro.) The secretary, pursuant to sub. (5), may authorize Each appointing authorities to authority may do any of the following:

9,2359ts Section 2359ts. 230.046 (4) of the statutes is amended to read:

230.046 (4) Records of training program participation. Each agency shall adopt a standardized system for measuring, recording, reporting, accumulating and recognizing employe participation in its training program. The system may not take effect until approved by the secretary.

9,2359tw Section 2359tw. 230.046 (5) (intro.) of the statutes is amended to read:

230.046 (5) Initiation of programs. (intro.) Unless otherwise empowered by law, any agency desiring to initiate a training program under sub. (3) shall certify to the secretary ensure that:

9,2359uc Section 2359uc. 230.046 (10) of the statutes is repealed and recreated to read:

230.046 (10) Department functions. The department may do all of the following:

(a) Conduct off-the-job employe development and training programs relating to functions under this chapter or subch. V of ch. 111.

(b) Charge fees to state agencies whose employes participate in employe development and training programs under this subsection.

9,2359uh Section 2359uh. 230.046 (11) of the statutes is repealed.

9,2359x Section 2359x. 230.08 (2) (e) 3e. of the statutes is created to read:

230.08 (2) (e) 3e. Corrections -- 5.

9,2360m Section 2360m. 230.08 (2) (e) 4. of the statutes is amended to read:

230.08 (2) (e) 4. Employment relations — 4 3.

9,2361 Section 2361. 230.08 (2) (e) 6. of the statutes is amended to read:

230.08 (2) (e) 6. Workforce development — 8 7.

9,2361d Section 2361d. 230.08 (2) (e) 8. of the statutes is amended to read:

230.08 (2) (e) 8. Natural resources — 6 7.

9,2362p Section 2362p. 230.08 (2) (pm) of the statutes is amended to read:

230.08 (2) (pm) The All employes of the state fair park director board.

9,2363 Section 2363. 230.08 (2) (u) of the statutes is repealed.

9,2365 Section 2365. 230.08 (2) (yr) of the statutes is created to read:

230.08 (2) (yr) The executive director of the governor's work-based learning board.

9,2367d Section 2367d. 230.28 (1) (am) of the statutes is amended to read:

230.28 (1) (am) All probationary periods for employes in supervisory or management positions are one year unless waived after 6 months under par. (c). The waiver under par. (c) may be exercised for an employe in a supervisory position only if the employe has successfully completed the a supervisory development program under s. 230.046 (2). However, persons who transfer or are reinstated to supervisory or management positions consistent with conditions under sub. (4) and who had previously obtained permanent status in class in a supervisory or management position prior to the transfer or reinstatement shall serve a probationary period in accordance with sub. (4).

9,2367e Section 2367e. 231.03 (6) (intro.) of the statutes is amended to read:

231.03 (6) (intro.) Issue Subject to s. 231.08 (7), issue bonds of the authority, and may refuse to issue bonds of the authority only if it determines that the issuance would not be financially feasible, to do the following:

9,2367m Section 2367m. 231.08 (1) of the statutes is amended to read:

231.08 (1) The Subject to sub. (7), the authority may from time to time issue bonds for any corporate purpose. All such bonds or other obligations of the authority issued under this chapter are declared to be negotiable for all purposes, notwithstanding their payment from a limited source and without regard to any other law. The authority shall employ the building commission as its financial consultant to assist and coordinate the issuance of bonds and notes of the authority.

9,2367o Section 2367o. 231.08 (7) of the statutes is created to read:

231.08 (7) Beginning on the effective date of this subsection .... [revisor inserts date], the authority may not issue bonds for the purpose of purchasing a health maintenance organization, as defined in s. 609.01 (2), or any other insurer, as defined in s. 600.03 (27).

9,2367q Section 2367q. 233.03 (12) of the statutes is amended to read:

233.03 (12) Seek Subject to s. 233.24, seek financing from, and incur indebtedness to, the Wisconsin Health and Educational Facilities Authority.

9,2368m Section 2368m. 233.20 (1) of the statutes is amended to read:

233.20 (1) The Subject to s. 233.24, the authority may issue bonds for any corporate purpose. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.

9,2368r Section 2368r. 233.24 of the statutes is created to read:

233.24 Limits on issuing bonds and incurring indebtedness. Beginning on the effective date of this section .... [revisor inserts date], the authority may not issue bonds or incur indebtedness to the Wisconsin Health and Educational Facilities Authority for the purpose of purchasing a health maintenance organization, as defined in s. 609.01 (2), or any other insurer, as defined in s. 600.03 (27).

9,2369 Section 2369. 233.27 of the statutes is amended to read:

233.27 Limit on the amount of outstanding bonds. The authority may not issue bonds or incur indebtedness described under s. 233.03 (12) if, after the bonds are issued or the indebtedness is incurred, the aggregate principal amount of the authority's outstanding bonds, together with all indebtedness described under s. 233.03 (12) would exceed $50,000,000 $106,500,000. Bonds issued to fund or refund outstanding bonds, or indebtedness incurred to pay off or purchase outstanding indebtedness, is not included in calculating compliance with the $50,000,000 $106,500,000 limit.

9,2370 Section 2370. 234.04 (2) of the statutes is amended to read:

234.04 (2) The authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans to persons and families of low and moderate income, an applicant under s. 234.59 or other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan to a person if it receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the authority a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a). The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

9,2370m Section 2370m. 234.265 (2) of the statutes is amended to read:

234.265 (2) Records or portions of records consisting of personal or financial information provided by a person seeking a grant or loan under s. 234.08, 234.49, 234.59, 234.61, 234.65, 234.67, 234.83, 234.84, 234.88, 234.90, 234.905, 234.907 or 234.91, seeking a loan under ss. 234.621 to 234.626, seeking financial assistance under s. 234.66, seeking investment of funds under s. 234.03 (18m) or in which the authority has invested funds under s. 234.03 (18m), unless the person consents to disclosure of the information.