AB150-ASA1-AA26,310,217
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
8action shall, within 30 days after receiving the dealer's written notice of the proposed
9action or within 30 days after receiving all the information specified in a written list
10served on the dealer under subd. 1., whichever is later, file with the department of
11transportation and serve upon the dealer a written statement of the reasons for its
12disapproval. The reasons given for the disapproval or any explanation of those
13reasons by the manufacturer, distributor or importer shall not subject the
14manufacturer, distributor or importer to any civil liability unless the reasons given
15or explanations made are malicious and published with the sole intent to cause harm
16to the dealer or a transferee of the dealer. Failure to file and serve a statement within
17the applicable period shall, notwithstanding the terms of any agreement, constitute
18approval of the proposed action by the grantor. If an affected grantor files a written
19statement within the applicable period, the dealer may not voluntarily undertake
20the proposed action unless it receives an order permitting it to do so from the division
21of hearings and appeals under par. (c) 2.
AB150-ASA1-AA26,311,523
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
24grantor under subd. 2 may file with the department and the
office of the
25commissioner of transportation division of hearings and appeals and serve upon the
1affected grantor a complaint for the determination of whether there is good cause for
2permitting the proposed action to be undertaken. The
office of the commissioner of
3transportation division of hearings and appeals shall promptly schedule a hearing
4and decide the matter. The proposed action may not be undertaken pending the
5determination of the matter.
AB150-ASA1-AA26, s. 5886g
6Section 5886g. 218.01 (3x) (b) 3. of the statutes, as affected by 1995 Wisconsin
7Act .... (this act), is repealed and recreated to read:
AB150-ASA1-AA26,311,148
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
9grantor under subd. 2. may file with the department of transportation and the
10division of hearings and appeals and serve upon the affected grantor a complaint for
11the determination of whether there is good cause for permitting the proposed action
12to be undertaken. The division of hearings and appeals shall promptly schedule a
13hearing and decide the matter. The proposed action may not be undertaken pending
14the determination of the matter.
AB150-ASA1-AA26,311,1816
218.01
(3x) (c) 1. (intro.) In determining if there is good cause for permitting
17a proposed action to be undertaken, the
office of the commissioner of transportation 18division of hearings and appeals may consider any relevant factor including:
AB150-ASA1-AA26,312,220
218.01
(3x) (c) 2. The decision of the
office of the commissioner of
21transportation division of hearings and appeals shall be in writing and shall contain
22findings of fact and a determination of whether there is good cause for permitting the
23proposed action to be undertaken. The decision shall include an order that the dealer
24be allowed or is not allowed to undertake the proposed action, as the case may be.
1The order may require fulfillment of appropriate conditions before and after the
2proposed action is undertaken.".
AB150-ASA1-AA26,312,145
218.01
(7m) (a) A licensee may not file a complaint or petition with the
office
6of the commissioner of transportation division of hearings and appeals or bring an
7action under sub. (9) (a), based on an alleged violation of this section by any other
8licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a
9demand for mediation upon the other licensee before or contemporaneous with the
10filing of the complaint or petition or the bringing of the action. A demand for
11mediation shall be in writing and served upon the other licensee by certified mail at
12an address designated for that licensee in the licensor's records. The demand for
13mediation shall contain a brief statement of the dispute and the relief sought by the
14licensee filing the demand.
AB150-ASA1-AA26,313,716
218.01
(7m) (c) The service of a demand for mediation under par. (a) shall stay
17the time for the filing of any complaint or petition with the
office of the commissioner
18of transportation division of hearings and appeals or for bringing an action under
19sub. (9) (a), based on an alleged violation of this section by the other licensee or
20pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees
21have met with a mutually selected mediator for the purpose of attempting to resolve
22the dispute. If a complaint or petition is filed before the meeting, the
office of the
23commissioner of transportation division of hearings and appeals or the court shall
24enter an order suspending the proceeding or action until the meeting has occurred
1and may, upon the written stipulation of all parties to the proceeding or action that
2they wish to continue to mediate under this subsection, enter an order suspending
3the proceeding or action for as long a period as the
commissioner of transportation 4division of hearings and appeals or court considers to be appropriate. A suspension
5order issued under this paragraph may be revoked upon motion of any party or upon
6motion of the
office of the commissioner of transportation division of hearings and
7appeals or the court.".
AB150-ASA1-AA26,313,1510
218.165
(1) The importation of a primary housing unit for sale in this state by
11an out-of-state manufacturer is deemed an irrevocable appointment by that
12manufacturer of the
secretary of state department of financial institutions to be that
13manufacturer's true and lawful attorney upon whom may be served all legal
14processes in any action or proceeding against such manufacturer arising out of the
15importation of such primary housing unit into this state.
AB150-ASA1-AA26,313,2417
218.165
(2) The
secretary of state
department of financial institutions upon
18whom processes and notices may be served under this section shall, upon being
19served with such process or notice, mail a copy by registered mail to the out-of-state
20manufacturer at the nonresident address given in the papers so served. The original
21shall be returned with proper certificate of service attached for filing in court as proof
22of service. The service fee shall be $4 for each defendant so served. The
secretary
23of state department of financial institutions shall keep a record of all such processes
24and notices, which record shall show the day and hour of service.".
AB150-ASA1-AA26,315,618
226.025
(3) The appointment of the
secretary of state department of financial
19institutions or the designation of a resident agent as attorney for the service of
20summons, notice, pleadings or process under s. 180.1507 shall be applicable only to
21actions or proceedings against the foreign corporations described in this section
22(unless such corporations have been admitted to this state for purposes other than
23those mentioned in this section) where the cause of action or proceeding arises out
1of transactions between such foreign corporations and public utilities operating in
2this state with which such foreign corporations are affiliated; and to actions or
3proceedings by or before the public service commission or office of the commissioner
4of railroads involving the transactions described in sub. (1), or involving the relation
5between such foreign corporations and public utilities operating in this state with
6which they are affiliated.
AB150-ASA1-AA26,316,48
226.14
(1) No common law trust organized in this state, and no such trust
9formed or organized under or by authority of the laws of any state or foreign
10jurisdiction, for the purpose of doing business under a declaration of trust which
11shall have issued to five or more persons, or which shall sell or propose to sell
12beneficial interests, certificates or memberships therein, shall transact business, or
13acquire, hold or dispose of property in this state until the trustees named in said
14declaration of trust shall have caused to be filed
in the office of the secretary of state 15with the department of financial institutions the original declaration of trust, or a
16true copy thereof, and all amendments which may be made, verified as such by the
17affidavits of two of the signers thereof. A like verified copy of the declaration and
18such amendments, and a certificate of the
secretary of state department of financial
19institutions, showing the date when such declaration was filed and accepted by the
20secretary of state department of financial institutions within thirty days of such
21filing and acceptance, shall be recorded with the register of deeds of the county in
22which such trust has its principal office or place of business in this state. No such
23trust shall transact business in this state until such declaration or such copy thereof
24be left for record. The register of deeds shall forthwith transmit to the
secretary of
25state department of financial institutions a certificate stating the time when such
1copy was recorded and shall be entitled to a fee of twenty-five cents therefor, to be
2paid by the person presenting such papers for record. Upon receipt of such certificate
3the
secretary of state department of financial institutions shall issue to said trustees
4a certificate of filing.
AB150-ASA1-AA26,316,96
226.14
(3) Every such trust shall pay to the
secretary of state department of
7financial institutions a filing fee of $50, and $15 for each subsequent amendment,
8together with a further fee of $1 for each $1,000 of beneficial certificates sold or
9offered for sale in this state.
AB150-ASA1-AA26,316,1911
226.14
(4) (intro.) Every such trust shall file, accompanied by a filing fee of $5,
12in the office of the secretary of state with the department of financial institutions a
13verified statement on or before each March 31, showing the names and addresses of
14each of the trustees; the nature of the business transacted during the preceding year;
15in what states such trust is operating; the amount and number of beneficial
16certificates sold in this state, or elsewhere; a statement as to the total amount of
17beneficial certificates outstanding. Any such report not filed before April 1, may be
18filed only upon payment to the
secretary of state
department of financial institutions 19of the following fees:
AB150-ASA1-AA26,316,2421
226.14
(4) (c) If said report is not filed before the following January 1, the trust
22shall not be in good standing. Until it is restored to good standing the
secretary of
23state department of financial institutions shall not accept for filing any documents
24respecting such trust except documents incident to its dissolution.
AB150-ASA1-AA26,317,5
1226.14
(4) (d) The trust may be restored to good standing by delivering to the
2secretary of state department of financial institutions a current annual report
3conforming to the requirements of this section and by paying to the
secretary of state 4department of financial institutions $10 for each calendar year or part thereof during
5which the trust has not been in good standing, not exceeding a total of $105.
AB150-ASA1-AA26,317,147
226.14
(5) Every such trust shall file
in the office of the secretary of state with
8the department of financial institutions the name of a trustee or trustees, if they
9designate more than one, resident in this state upon whom service may be made for
10and on behalf of said trust; or if none of such trustees reside in this state, then a
11statement shall be duly filed by the trustees appointing the
secretary of state 12department of financial institutions as the agent to accept service of process in this
13state, which appointment shall continue so long as such trust has any liabilities
14outstanding in this state.".
AB150-ASA1-AA26,317,1918
227.485
(2) (e) "State agency" does not include the
public intervenor or citizens
19utility board.".
AB150-ASA1-AA26,318,1422
230.01
(2) It is the policy of the state and the responsibility of the secretary and
23the administrator to maintain a system of personnel management which fills
24positions in the classified service through methods which apply the merit principle,
1with adequate civil service safeguards. It is the policy of this state to provide for
2equal employment opportunity by ensuring that all personnel actions including hire,
3tenure or term, and condition or privilege of employment be based on the ability to
4perform the duties and responsibilities assigned to the particular position without
5regard to age, race, creed or religion, color, handicap, sex, national origin, ancestry,
6sexual orientation or political affiliation. It is the policy of this state to take
7affirmative action which is not in conflict with other provisions of this chapter. It is
8the policy of the state to ensure its employes opportunities for satisfying careers and
9fair treatment based on the value of each employe's services. It is the policy of this
10state to encourage disclosure of information under subch. III and to ensure that any
11employe employed by a governmental unit is protected from retaliatory action for
12disclosing information under subch. III.
It Subject to the pay range maximum and
13compensation maximum under s. 230.125, it is the policy of this state to correct pay
14inequities based on gender or race in the state civil service system.".
AB150-ASA1-AA26,318,1817
230.08
(2) (t) All employes of the office of the state superintendent of public
18instruction.".
AB150-ASA1-AA26,318,2121
230.08
(2) (yz) The staff of the Wisconsin sesquicentennial commission.".
AB150-ASA1-AA26,319,11
1230.09
(2) (b) To accommodate and effectuate the continuing changes in the
2classification plan as a result of the classification survey program and otherwise, the
3secretary shall, upon initial establishment of a classification, assign that class to the
4appropriate pay rate or range, and may, upon subsequent review, reassign classes to
5different pay rates or ranges. The secretary shall assign each class to a pay range
6according to the skill, effort, responsibility and working conditions required for the
7class, without regard to whether the class is occupied primarily by members of a
8certain gender or racial group. The secretary shall give notice to appointing
9authorities to permit them to make recommendations before final action is taken on
10any such assignment or reassignment of classes.
Section 230.125 shall apply to this
11paragraph.".
AB150-ASA1-AA26,320,214
230.12
(1) (b)
Schedules. The several separate pay schedules may incorporate
15different wage and salary administration features.
Each Subject to the pay range
16maximum and compensation maximum under s. 230.125, each schedule shall
17provide for pay ranges or pay rates and applicable methods and frequency of within
18range pay adjustments based on such considerations as competitive practice,
19appropriate principles and techniques of wage and salary administration and
20determination, elimination of pay inequities based on gender or race, and the needs
21of the service. Not limited by enumeration, such considerations for establishment
22of pay rates and ranges and applicable within range pay adjustments may include
23provisions prevalent in schedules used in other public and private employment,
1professional or advanced training, recognized expertise, or any other criteria which
2assures state employe compensation is set on an equitable basis.
AB150-ASA1-AA26,320,174
230.12
(3) (a)
Submission to the joint committee on employment relations. The
5secretary shall submit to the joint committee on employment relations a proposal for
6any required changes in the compensation plan which may include across the board
7pay adjustments for positions in the classified service. The proposal shall include the
8amounts and methods for within range pay progression, for pay transactions, and for
9performance awards. The proposal shall be based upon experience in recruiting for
10the service, the principle of providing pay equity regardless of gender or race, data
11collected as to rates of pay for comparable work in other public services and in
12commercial and industrial establishments, recommendations of agencies and any
13special studies carried on as to the need for any changes in the compensation plan
14to cover each year of the biennium. The proposal shall also take proper account of
15prevailing pay rates, costs and standards of living and the state's employment
16policies.
Section 230.125 shall apply to any proposal submitted to the joint
17committee on employment relations under this paragraph.
AB150-ASA1-AA26,321,719
230.12
(3) (b)
Public hearing on the proposal; adoption of plan. The secretary
20shall submit the proposal for any required changes in the compensation plan to the
21joint committee on employment relations. The committee shall hold a public hearing
22on the proposal. The proposal, as may be modified by the joint committee on
23employment relations together with the unchanged provisions of the current
24compensation plan, shall, for the ensuing fiscal year or until a new or modified plan
25is adopted under this subsection, constitute the state's compensation plan for
1positions in the classified service. Any modification of the secretary's proposed
2changes in the compensation plan by the joint committee on employment relations
3may be disapproved by the governor within 10 calendar days. A vote of 6 members
4of the joint committee on employment relations is required to set aside any such
5disapproval of the governor.
The joint committee on employment relations may not
6approve or modify and approve any changes in the compensation plan that exceed
7any pay range or compensation maximum established under s. 230.125.
AB150-ASA1-AA26,322,79
230.12
(3) (e)
University of Wisconsin system faculty and academic staff
10employes. The secretary, after receiving recommendations from the board of regents,
11shall submit to the joint committee on employment relations a proposal for adjusting
12compensation and employe benefits for employes under ss. 20.923 (5) and (6) (m) and
13230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of
14ch. 111 for which a representative is certified. The proposal shall be based upon the
15competitive ability of the board of regents to recruit and retain qualified faculty and
16academic staff, data collected as to rates of pay for comparable work in other public
17services, universities and commercial and industrial establishments,
18recommendations of the board of regents and any special studies carried on as to the
19need for any changes in compensation and employe benefits to cover each year of the
20biennium. The proposal shall also take proper account of prevailing pay rates, costs
21and standards of living and the state's employment policies. The proposal for such
22pay adjustments may contain recommendations for across-the-board pay
23adjustments, merit or other adjustments and employe benefit improvements.
24Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay
25adjustments for such employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d).
1The proposal as approved by the joint committee on employment relations and the
2governor shall be based upon a percentage of the budgeted salary base for such
3employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d). The amount included
4in the proposal for merit and adjustments other than across-the-board pay
5adjustments is available for discretionary use by the board of regents.
Section
6230.125 shall apply to any proposal submitted to the joint committee on employment
7relations under this paragraph.
AB150-ASA1-AA26,322,22
9230.125 Nonpublic employer pay survey; maximum pay ranges and
10compensation. (1) Annually, the department shall conduct a pay survey among
11nonpublic employers to determine the prevailing market wage for jobs in the private
12sector that are comparable to positions in state employment, other than for positions
13occupied by employes who are included in a collective bargaining unit for which a
14representative is recognized or certified under subch. V of ch. 111 and by employes
15of the state court system whose compensation is set under s. 751.02. If there is no
16comparable job in the private sector for a position in state employment, the
17department may survey public employers in other states to determine the prevailing
18market wage for comparable jobs in public employment in other states. The
19department shall complete the pay survey and the secretary shall submit the results
20of the pay survey to the cochairpersons of the joint committee on employment
21relations before the beginning of the first day of the pay period closest to July 1 of
22each year.
AB150-ASA1-AA26,323,6
23(2) Beginning on the first day of the pay period closest to July 1 of each year,
24no employe, other than an employe who is included in a collective bargaining unit
25for which a representative is recognized or certified under subch. V of ch. 111 or an
1employe of the state court system whose compensation is set under s. 751.02, may
2receive an increase in his or her basic pay rate, other than an across the board pay
3adjustment, if his or her basic pay rate is equal to or greater than 150% of the
4prevailing market wage for a job in the private sector or, where applicable, public
5sector, that is comparable to his or her position in state employment, as determined
6by the pay survey conducted by the department under sub. (1).
AB150-ASA1-AA26,323,18
7(3) If the pay range maximum for a position in state employment, other than
8a position occupied by an employe who is included in a collective bargaining unit for
9which a representative is recognized or certified under subch. V of ch. 111 or by an
10employe of the state court system whose compensation is set under s. 751.02, is equal
11to or greater than 150% of the prevailing market wage for such a job in the private
12sector or, where applicable, public sector, as determined by the pay survey conducted
13by the department under sub. (1), the pay range maximum for that position may not
14be increased. If the pay range maximum for such a position in state employment is
15less than 150% of the prevailing market wage for such a job in the private sector or,
16where applicable, public sector, the pay range maximum for that position may not
17be increased to an amount that is equal to or greater than 150% of the prevailing
18market wage for such a job in the private sector or, where applicable, public sector.".
AB150-ASA1-AA26,324,1322
231.13
(2) The authority shall pledge the revenues derived and to be derived
23from a project and other related health facilities, educational facilities or child care
24centers for the purposes specified in sub. (1), and additional bonds may be issued
1which may rank on a parity with other bonds relating to the project to the extent and
2on the terms and conditions provided in the bond resolution. Such pledge shall be
3valid and binding from the time when the pledge is made, the revenues so pledged
4by the authority shall immediately be subject to the lien of such pledge without any
5physical delivery thereof or further act and the lien of any such pledge shall be valid
6and binding as against all parties having claims of any kind in tort, contract or
7otherwise against the authority, irrespective of whether such parties have notice
8thereof. Neither the bond resolution nor any financing statement, continuation
9statement or other instrument by which a pledge is created or by which the
10authority's interest in revenues is assigned need be filed or recorded in any public
11records in order to perfect the lien thereof as against 3rd parties, except that a copy
12thereof shall be filed in the records of the authority and with the
secretary of state 13department of financial institutions.".
AB150-ASA1-AA26,325,421
234.265
(2) Records or portions of records consisting of personal or financial
22information provided by a person seeking a grant or loan under s. 234.08, 234.49,
23234.59, 234.65, 234.67, 234.68, 234.69, 234.70, 234.765, 234.82, 234.83,
234.84, 24234.87, 234.90, 234.905 or 234.907, seeking a loan under ss. 234.621 to 234.626,
1seeking financial assistance under s. 234.66 or under ss. 234.75 to 234.802, seeking
2investment of funds under s. 234.03 (18m) or in which the authority has invested
3funds under s. 234.03 (18m), unless the person consents to disclosure of the
4information.".
