Amendment CSA1-SB40

SB40-CSA1,1212,17 227.15 (2) Role of legislative council staff. (intro.) The legislative council staff shall, within 20 working days following receipt of a proposed rule, review the proposed rule in accordance with this subsection. With the consent of the director of the legislative council staff, the review period may be extended for an additional 20 working days. The legislative council staff shall act as a clearinghouse for rule drafting and cooperate with the agency and the revisor legislative reference bureau to:

SB40-CSA1, s. 2997je Section 2997je. 227.15 (7) of the statutes is amended to read:

SB40-CSA1,1212,21 227.15 (7) Rules procedures manual. The legislative council staff and the revisor's bureau legislative reference bureau shall prepare a manual to provide agencies with information on drafting, promulgation and legislative review of rules.

SB40-CSA1, s. 2997jr Section 2997jr. 227.17 (1) (a) of the statutes is amended to read:

SB40-CSA1,1212,25 227.17 (1) (a) Send written notice of the hearing to the revisor legislative reference bureau for publication in the register and, if required, publish the notice in a local newspaper.

SB40-CSA1, s. 2997Le Section 2997Le. 227.17 (1) (b) of the statutes is amended to read:

SB40-CSA1,1213,6 227.17 (1) (b) Send written notice of the hearing to each member of the legislature who has filed a written request for notice with the revisor legislative reference bureau. Upon request, the revisor legislative reference bureau shall furnish an agency with the name and address of each legislator who has requested notice.

SB40-CSA1, s. 2997Lr Section 2997Lr. 227.17 (1) (bm) of the statutes is amended to read:

SB40-CSA1,1213,10 227.17 (1) (bm) Send written notice of the hearing to the secretary of administration on the same day that the notice is sent to the revisor legislative reference bureau under par. (a).

SB40-CSA1, s. 2997n Section 2997n. 227.19 (2) of the statutes is amended to read:

SB40-CSA1,1213,23 227.19 (2) Notification of legislature. An agency shall submit a notice to the chief clerk of each house of the legislature when a proposed rule is in final draft form. The notice shall be submitted in triplicate and shall be accompanied by a report in the form specified under sub. (3). A notice received under this subsection on or after September 1 of an even-numbered year shall be considered received on the first day of the next regular session of the legislature. The presiding officer of each house of the legislature shall, within 10 working days following the day on which the notice and report are received, direct the appropriate chief clerk to refer them to one standing committee. The agency shall submit to the revisor legislative reference bureau for publication in the register a statement that a proposed rule has been submitted to the chief clerk of each house of the legislature. Each chief clerk shall enter a similar statement in the journal of his or her house.

SB40-CSA1, s. 2997nr Section 2997nr. 227.20 (1) of the statutes is amended to read:

SB40-CSA1,1214,6 227.20 (1) An agency shall file a certified copy of each rule it promulgates in the office of the revisor with the legislative reference bureau. No rule is valid until the certified copy has been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the revisor's a stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

SB40-CSA1, s. 2997pe Section 2997pe. 227.20 (2) of the statutes is amended to read:

SB40-CSA1,1214,10 227.20 (2) The revisor legislative reference bureau shall endorse the date and the time of filing on each certified copy filed under sub. (1). The revisor bureau shall keep a file of all certified copies filed under sub. (1).

SB40-CSA1, s. 2997pr Section 2997pr. 227.20 (3) (intro.) of the statutes is amended to read:

SB40-CSA1,1214,13 227.20 (3) (intro.) Filing a certified copy of a rule with the revisor legislative reference bureau creates a presumption of all of the following:

SB40-CSA1, s. 2997re Section 2997re. 227.21 (1) of the statutes is amended to read:

SB40-CSA1,1214,17 227.21 (1) All rules that agencies are directed by this chapter to file with the revisor legislative reference bureau shall be published in the code and register as required under s. 35.93.

SB40-CSA1, s. 2997rr Section 2997rr. 227.21 (2) (a) of the statutes is amended to read:

SB40-CSA1,1214,24 227.21 (2) (a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the revisor legislative reference bureau and the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.

SB40-CSA1, s. 2997te Section 2997te. 227.21 (2) (b) of the statutes is amended to read:

SB40-CSA1,1215,7 227.21 (2) (b) The attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disk or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in s. 601.41 (3) (b), that the standards are on file at the offices of the agency and the revisor legislative reference bureau.

SB40-CSA1, s. 2997tr Section 2997tr. 227.21 (4) of the statutes is amended to read:

SB40-CSA1,1215,12 227.21 (4) Agency materials that are exempt from the requirements of this chapter under s. 227.01 (13) may be published, either verbatim or in summary form, if the promulgating agency and the revisor legislative reference bureau determine that the public interest would be served by publication.

SB40-CSA1, s. 2997ve Section 2997ve. 227.22 (3) of the statutes is amended to read:

SB40-CSA1,1215,21 227.22 (3) The revisor legislative reference bureau may prescribe in the manual prepared under s. 227.15 (7) the monthly date prior to which a rule must be filed in order to be included in that month's issue of the register. The revisor legislative reference bureau shall compute the effective date of each rule submitted for publication in the register and shall publish it in a note at the end of each section. For the purpose of computing the effective date, the revisor legislative reference bureau may presume that an issue of the register will be published during the month in which it is designated for publication.

SB40-CSA1, s. 2997vr Section 2997vr. 227.24 (2) (c) of the statutes is amended to read:

SB40-CSA1,1216,2 227.24 (2) (c) Whenever the committee extends an emergency rule or part of an emergency rule under par. (a), it shall file a statement of its action with the agency promulgating the emergency rule and the revisor of statutes legislative reference bureau. The statement shall identify the specific emergency rule or part of an emergency rule to which it relates.

SB40-CSA1, s. 2997xe Section 2997xe. 227.24 (3) of the statutes is amended to read:

SB40-CSA1,1216,13 227.24 (3) Filing. An agency shall file a rule promulgated under sub. (1) as provided in s. 227.20, shall mail a copy to the chief clerk of each house and to each member of the legislature at the time that the rule is filed and shall take any other step it considers feasible to make the rule known to persons who will be affected by it. The revisor legislative reference bureau shall insert in the notice section of each issue of the register a brief description of each rule under sub. (1) that is currently in effect. Each copy, notice or description of a rule promulgated under sub. (1) (a) shall be accompanied by a statement of the emergency finding by the agency or by a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules under s. 227.26 (2) (b).

SB40-CSA1, s. 2997xr Section 2997xr. 227.25 of the statutes is amended to read:

SB40-CSA1,1216,18 227.25 Revisor Legislative reference bureau. (1) The revisor legislative reference bureau shall, in cooperation with the legislative council staff under s. 227.15 (7), prepare a manual informing agencies about the form, style and placement of rules in the code.

SB40-CSA1,1216,20 (2) The revisor legislative reference bureau shall, upon request, furnish an agency with advice and assistance on the form and mechanics of rule drafting.

SB40-CSA1,1217,2 (3) An agency may request an advance commitment as to the title or numbering of a proposed rule by submitting a copy of the proposed rule indicating the requested title and numbering to the revisor legislative reference bureau prior to filing. As soon as possible after that, the revisor legislative reference bureau shall either approve the request or inform the agency of any change necessary to preserve uniformity in the code.

SB40-CSA1,1217,9 (4) The revisor legislative reference bureau may, prior to publication, edit the analysis of a proposed rule and any other material submitted for publication in the code and register, may refer to the fact that those materials are on file or may eliminate them and any reference to them in the code and register if he or she believes they do not appreciably add to an understanding of the rule. The revisor legislative reference bureau shall submit the edited version of any material to the agency for its comments prior to publication.

SB40-CSA1, s. 2997ze Section 2997ze. 227.27 (2) of the statutes is amended to read:

SB40-CSA1,1217,15 227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the revisor legislative reference bureau or the secretary of state, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

SB40-CSA1, s. 2998 Section 2998. 227.43 (1) (by) of the statutes is amended to read:

SB40-CSA1,1217,20 227.43 (1) (by) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of workforce development children and families under ch. 48 or subch. III of ch. 49 and that is not conducted by the secretary of workforce development children and families.

SB40-CSA1, s. 2999 Section 2999. 227.43 (2) (d) of the statutes is amended to read:

SB40-CSA1,1218,2 227.43 (2) (d) The department of workforce development children and families 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) (by) after the department of workforce development children and families is notified that a hearing on the matter is required.

SB40-CSA1, s. 3000 Section 3000. 227.43 (3) (d) of the statutes is amended to read:

SB40-CSA1,1218,8 227.43 (3) (d) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of workforce development children and families by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

SB40-CSA1, s. 3001 Section 3001. 227.43 (4) (d) of the statutes is amended to read:

SB40-CSA1,1218,12 227.43 (4) (d) The department of workforce development children and families shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (by), according to the fees set under sub. (3) (d).

SB40-CSA1, s. 3002 Section 3002. 227.54 of the statutes is amended to read:

SB40-CSA1,1218,17 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 49.17 (7), 196.43, 253.06 (7), 448.02 (9), and 551.62.

SB40-CSA1, s. 3004b Section 3004b. 230.03 (3) of the statutes is amended to read:

SB40-CSA1,1219,3 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB40-CSA1, s. 3006 Section 3006. 230.08 (2) (e) 1. of the statutes is amended to read:

SB40-CSA1,1219,5 230.08 (2) (e) 1. Administration — 13 14.

SB40-CSA1, s. 3007 Section 3007. 230.08 (2) (e) 2m. of the statutes is created to read:

SB40-CSA1,1219,7 230.08 (2) (e) 2m. Children and families — 5.

SB40-CSA1, s. 3008 Section 3008. 230.08 (2) (e) 6. of the statutes is amended to read:

SB40-CSA1,1219,9 230.08 (2) (e) 6. Workforce development — 7 6.

SB40-CSA1, s. 3010 Section 3010. 230.08 (2) (L) 6. of the statutes is repealed.

SB40-CSA1, s. 3011 Section 3011. 230.08 (2) (of) of the statutes is repealed.

SB40-CSA1, s. 3013 Section 3013. 230.08 (2) (tv) of the statutes is amended to read:

SB40-CSA1,1219,15 230.08 (2) (tv) The director of the office of urban development in the department of health and family services children and families, appointed under s. 48.48 (16m).

SB40-CSA1, s. 3013m Section 3013m. 230.08 (2) (wh) of the statutes is created to read:

SB40-CSA1,1219,18 230.08 (2) (wh) The judicial council attorney appointed under s. 758.13 (3) (g) 2.

SB40-CSA1, s. 3014 Section 3014. 230.08 (2) (yc) of the statutes is created to read:

SB40-CSA1,1219,22 230.08 (2) (yc) Two persons employed by the department of commerce engaged in advertising, marketing, and promotional activities within the United States for economic development of, and business recruitment to, this state.

SB40-CSA1, s. 3016 Section 3016. 230.13 (3) (a) of the statutes is amended to read:

SB40-CSA1,1220,4 230.13 (3) (a) The director and the administrator shall provide to the department of workforce development children and families or a county child support agency under s. 59.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this paragraph may only include an individual's name and address, an individual's employer and financial information related to an individual.

SB40-CSA1, s. 3017 Section 3017. 230.147 (1) of the statutes is amended to read:

SB40-CSA1,1220,15 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development children and families.

SB40-CSA1, s. 3018 Section 3018. 230.147 (2) of the statutes is amended to read:

SB40-CSA1,1221,2 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5) in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development children and families.

SB40-CSA1, s. 3023a Section 3023a. 233.02 (1) (a) of the statutes is amended to read:

SB40-CSA1,1221,5 233.02 (1) (a) Three members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year 5-year terms.

SB40-CSA1, s. 3023b Section 3023b. 233.02 (1) (ag) of the statutes is created to read:

SB40-CSA1,1221,9 233.02 (1) (ag) Three members nominated by the board of directors and appointed by the governor, with the advice and consent of the senate, for 5-year terms.

SB40-CSA1, s. 3023c Section 3023c. 233.02 (1) (am) of the statutes is amended to read:

SB40-CSA1,1221,12 233.02 (1) (am) Each cochairperson of the joint committee on finance or a member of the committee legislature designated by that cochairperson.

SB40-CSA1, s. 3023d Section 3023d. 233.02 (8) of the statutes is amended to read:

SB40-CSA1,1221,22 233.02 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Six Eight voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The members of the board of directors specified under sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act 27, section 9159 (2). The board of directors may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

SB40-CSA1, s. 3023e Section 3023e. 233.03 (2) of the statutes is amended to read:

SB40-CSA1,1222,5 233.03 (2) Sue and be sued; have a seal and alter the seal at pleasure; have perpetual existence; maintain an office; negotiate and enter into leases; accept gifts or grants, but not including research grants in which the grant investigator is an employee of the board of regents; accept bequests or loans; accept and comply with any lawful conditions attached to federal financial assistance; and make and execute other instruments necessary or convenient to the exercise of the powers of the authority.

SB40-CSA1, s. 3023f Section 3023f. 233.03 (11) of the statutes is amended to read:

SB40-CSA1,1222,7 233.03 (11) Issue bonds in accordance with ss. 233.20 to 233.27 233.26.

SB40-CSA1, s. 3023g Section 3023g. 233.04 (1) of the statutes is amended to read:

SB40-CSA1,1222,15 233.04 (1) By October 1, 1997, and annually thereafter, submit to the chief clerk of each house of the legislature under s. 13.172 (2), the president of the board of regents, the secretary of administration and the governor a report on the patient care, education, research and community service activities and accomplishments of the authority and an audited financial statement, certified by an independent auditor, of the authority's operations. The financial statement shall include a separate accounting of the use of the payment under sub. (7) (f).

SB40-CSA1, s. 3023h Section 3023h. 233.04 (3b) (a) 1. of the statutes is amended to read:

SB40-CSA1,1222,19 233.04 (3b) (a) 1. Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.

SB40-CSA1, s. 3023i Section 3023i. 233.04 (7) (f) of the statutes is repealed.

SB40-CSA1, s. 3023j Section 3023j. 233.04 (8) of the statutes is repealed.

SB40-CSA1, s. 3023k Section 3023k. 233.04 (10) of the statutes is repealed.