Amendment ASA1-AB40

AB40-ASA1,1996t Section 1996t. 227.24 (3) of the statutes is amended to read:

AB40-ASA1,1082,5 227.24 (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 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, and a copy of the rule and fiscal estimate. 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).

AB40-ASA1,1996tp Section 1996tp. 227.40 (6) of the statutes is amended to read:

AB40-ASA1,1082,13 227.40 (6) Upon entry of a final order in a declaratory judgment action under sub. (1), the court shall notify 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 (4) (2) and insert an annotation of that determination in the Wisconsin administrative code under s. 13.92 (4) (a).

AB40-ASA1,1997 Section 1997. 227.42 (7) of the statutes is repealed.

AB40-ASA1,1998 Section 1998. 227.44 (8) of the statutes is amended to read:

AB40-ASA1,1083,8 227.44 (8) A stenographic, electronic or other record of oral proceedings shall be made in any class 2 or class 3 proceeding and in any class 1 proceeding when requested by a party. Each agency may establish rules relating to the transcription of the record into a written transcript and the providing of free copies of the written transcript. Rules may require a purpose for transcription which is deemed by the agency to be reasonable, such as appeal, and if this test is met to the satisfaction of the agency, the record shall be transcribed at the agency's expense, except that in preparing the record for judicial review of a decision that was made in an appeal under s. 227.47 (2) or in an arbitration proceeding under s. 101.143 292.63 (6s) or 230.44 (4) (bm) the record shall be transcribed at the expense of the party petitioning for judicial review. Rules may require a showing of impecuniousness or financial need as a basis for providing a free copy of the transcript, otherwise a reasonable compensatory fee may be charged. If any agency does not promulgate such rules, then it must transcribe the record and provide free copies of written transcripts upon request. In any event, an agency shall not refuse to provide a written transcript if the person making the request pays a reasonable compensatory fee for the transcription and for the copy. This subsection does not apply where a transcript fee is specifically provided by law.

AB40-ASA1,1998u Section 1998u. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Acts 10, 32 and 229, is amended to read:

AB40-ASA1,1083,20 230.03 (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 the Board of Regents of the University of Wisconsin System, 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, 237, 238, 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.

AB40-ASA1,2000 Section 2000. 230.08 (2) (e) 5. of the statutes is amended to read:

AB40-ASA1,1083,22 230.08 (2) (e) 5. Health services — 9 10.

AB40-ASA1,2002 Section 2002. 230.08 (2) (e) 11m. of the statutes is amended to read:

AB40-ASA1,1083,24 230.08 (2) (e) 11m. Safety and professional services — 8 7.

AB40-ASA1,2004 Section 2004. 230.08 (2) (fs) of the statutes is amended to read:

AB40-ASA1,1084,5 230.08 (2) (fs) All deputies of department secretaries appointed under s. 15.04 (2) and executive assistants, assistant deputy secretaries to department secretaries appointed under s. 15.05 (3), including those and executive assistants appointed by the attorney general, the adjutant general, the director of the technical college system, and the state superintendent of public instruction.

AB40-ASA1,2005 Section 2005. 230.08 (2) (m) of the statutes is repealed.

AB40-ASA1,2006m Section 2006m. 230.08 (2) (v) of the statutes is repealed.

AB40-ASA1,2007 Section 2007. 230.08 (2) (w) of the statutes is repealed and recreated to read:

AB40-ASA1,1084,10 230.08 (2) (w) The executive director of the office of crime victim services in the department of justice.

AB40-ASA1,2008 Section 2008. 230.08 (2) (xm) of the statutes is repealed.

AB40-ASA1,2008m Section 2008m. 230.08 (2) (ya) of the statutes is amended to read:

AB40-ASA1,1084,16 230.08 (2) (ya) The director, deputy director, and executive assistant to the director of the office of state employment relations, and an employee in the office of state employment relations who performs services relating to the coordination of state employee benefits.

AB40-ASA1,2009 Section 2009. 230.08 (2) (yc) of the statutes is created to read:

AB40-ASA1,1084,19 230.08 (2) (yc) The directors of regional offices of intergovernmental affairs in the department of administration.

AB40-ASA1,2009m Section 2009m. 230.08 (4) (b) 4. of the statutes is repealed.

AB40-ASA1,2010 Section 2010. 230.08 (4) (d) of the statutes is amended to read:

AB40-ASA1,1084,24 230.08 (4) (d) The division administrator appointed under sub. (2) (e) 4. shall be an attorney and shall be appointed by the chairperson of the employment relations commission.

AB40-ASA1,2013m Section 2013m. 230.12 (10) of the statutes is amended to read:

AB40-ASA1,1085,7 230.12 (10) Assistant Deputy and assistant district attorney pay progression plan. (a) There is established a pay progression plan for deputy and assistant district attorneys. The pay progression plan shall consist of 17 hourly salary steps, with each step equal to one-seventeenth of the difference between the lowest hourly salary and the highest hourly salary for the salary range for assistant district attorneys the position, as contained in the compensation plan. The pay progression plan shall be based entirely on merit.

AB40-ASA1,1085,16 (b) Beginning with the first pay period that occurs on or after July 1, 2013, all deputy and assistant district attorneys who have served with the state as deputy or assistant district attorneys for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013. All other deputy and assistant district attorneys, who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013, when they have served with the state as deputy or assistant district attorneys for a continuous period of 12 months.

AB40-ASA1,1086,5 (c) Beginning with the first pay period that occurs on or after July 1, 2014, and with the first pay period that occurs on or after each succeeding July 1, all deputy and assistant district attorneys who have served with the state as deputy or assistant district attorneys for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, may, at the discretion of their supervising district attorney, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30. All other deputy and assistant district attorneys, who are not paid the maximum hourly rate, may, at the discretion of their supervising district attorney, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30, when they have served with the state as deputy or assistant district attorneys for a continuous period of 12 months. No salary adjustment for an a deputy or an assistant district attorney under this paragraph may exceed 10 percent of his or her base pay during a fiscal year.

AB40-ASA1,2014 Section 2014. 230.12 (11) of the statutes is created to read:

AB40-ASA1,1086,12 230.12 (11) Assistant state public defender pay progression plan. (a) There is established a pay progression plan for assistant state public defenders. The pay progression plan shall consist of 17 hourly salary steps, with each step equal to one-seventeenth of the difference between the lowest hourly salary and the highest hourly salary for the salary range for assistant state public defenders contained in the compensation plan. The pay progression plan shall be based entirely on merit.

AB40-ASA1,1086,21 (b) Beginning with the first pay period that occurs on or after July 1, 2013, all assistant state public defenders who have served with the state as assistant state public defenders for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013. All other assistant state public defenders, who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013, when they have served with the state as assistant state public defenders for a continuous period of 12 months.

AB40-ASA1,1087,9 (c) Beginning with the first pay period that occurs on or after July 1, 2014, and with the first pay period that occurs on or after each succeeding July 1, all assistant state public defenders who have served with the state as assistant state public defenders for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, may, at the discretion of the state public defender, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30. All other assistant state public defenders, who are not paid the maximum hourly rate, may, at the discretion of the state public defender, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30, when they have served with the state as assistant state public defenders for a continuous period of 12 months. No salary adjustment for an assistant state public defender under this paragraph may exceed 10 percent of his or her base pay during a fiscal year.

AB40-ASA1,2015 Section 2015. 230.12 (12) of the statutes is created to read:

AB40-ASA1,1087,16 230.12 (12) Assistant attorneys general pay progression plan. (a) There is established a pay progression plan for assistant attorneys general. The pay progression plan shall consist of 17 hourly salary steps, with each step equal to one-seventeenth of the difference between the lowest hourly salary and the highest hourly salary for the salary range for assistant attorneys general contained in the compensation plan. The pay progression plan shall be based entirely on merit.

AB40-ASA1,1087,25 (b) Beginning with the first pay period that occurs on or after July 1, 2013, all assistant attorneys general who have served with the state as assistant attorneys general for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013. All other assistant attorneys general, who are not paid the maximum hourly rate, shall be paid an hourly salary at the step that is immediately above their hourly salary on June 30, 2013, when they have served with the state as assistant attorneys general for a continuous period of 12 months.

AB40-ASA1,1088,12 (c) Beginning with the first pay period that occurs on or after July 1, 2014, and with the first pay period that occurs on or after each succeeding July 1, all assistant attorneys general who have served with the state as assistant attorneys general for a continuous period of 12 months or more, and who are not paid the maximum hourly rate, may, at the discretion of the attorney general, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30. All other assistant attorneys general, who are not paid the maximum hourly rate, may, at the discretion of the attorney general, be paid an hourly salary at any step, or part thereof, above their hourly salary on the immediately preceding June 30, when they have served with the state as assistant attorneys general for a continuous period of 12 months. No salary adjustment for an assistant attorney general under this paragraph may exceed 10 percent of his or her base pay during a fiscal year.

AB40-ASA1,2016 Section 2016. 230.14 (3m) of the statutes is amended to read:

AB40-ASA1,1088,20 230.14 (3m) In advertising openings in the classified civil service, the state may not require as a condition of application that an applicant be a college graduate unless the opening is a position as a forensic scientist in a state or regional crime laboratory or unless the opening must be filled by an incumbent holding a credential, as defined in s. 440.01 (2) (a), or other license, permit, certificate or registration in an occupation regulated by law and college graduation is required to obtain the occupational credential, license, permit, certificate or registration.

AB40-ASA1,2017m Section 2017m. 230.80 (4) of the statutes is amended to read:

AB40-ASA1,1089,4 230.80 (4) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the Health Insurance Risk-Sharing Plan Authority. "Governmental unit" does not mean any political subdivision of the state or body within one or more political subdivisions that is created by law or by action of one or more political subdivisions.

AB40-ASA1,2017p Section 2017p. 230.90 (1) (c) of the statutes is amended to read:

AB40-ASA1,1089,13 230.90 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB40-ASA1,2018 Section 2018. 231.01 (4) (a) of the statutes is amended to read:

AB40-ASA1,1089,21 231.01 (4) (a) "Cost" means the sum of all costs incurred by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution, as approved by the authority, as are reasonable and necessary to accomplish the project, exclusive of any private or federal, state, or local financial assistance received by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for the payment of the project cost.

AB40-ASA1,2019 Section 2019. 231.01 (4) (b) 1. of the statutes is amended to read:

AB40-ASA1,1090,5 231.01 (4) (b) 1. The cost incurred by or on behalf of the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution of all necessary developmental, planning, and feasibility studies, surveys, plans, and specifications, architectural, engineering, legal, or other special services, the cost of acquisition of land and any buildings and improvements on the land, site preparation, and development including demolition or removal of existing structures, construction, reconstruction, and equipment, including machinery, fixed equipment, and personal property.

AB40-ASA1,2020 Section 2020. 231.01 (4) (b) 2. of the statutes is amended to read:

AB40-ASA1,1090,10 231.01 (4) (b) 2. The reasonable cost of financing incurred by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution in the course of the development of the project to the occupancy date.

AB40-ASA1,2021 Section 2021. 231.01 (4) (c) of the statutes is amended to read:

AB40-ASA1,1090,19 231.01 (4) (c) All rents and other net revenues from the operation of the real property, improvements, or personal property on the project site by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution on and after the date on which the contract between a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution and the authority was entered into, but prior to the occupancy date, shall reduce the sum of all costs in this subsection.

AB40-ASA1,2022 Section 2022. 231.01 (5n) of the statutes is created to read:

AB40-ASA1,1090,23 231.01 (5n) "Nonprofit entity" means an entity that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB40-ASA1,2023 Section 2023. 231.01 (5p) of the statutes is created to read:

AB40-ASA1,1091,2 231.01 (5p) "Nonprofit facility" means a facility that is owned or operated by a nonprofit entity.

AB40-ASA1,2024 Section 2024. 231.01 (6m) of the statutes is created to read:

AB40-ASA1,1091,8 231.01 (6m) "Participating nonprofit institution" means a nonprofit entity, or an affiliate of a nonprofit entity, that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter and is not any of the following:

AB40-ASA1,1091,11 1. An entity authorized by state law to provide or operate an educational facility or an affiliate of an entity authorized by state law to provide or operate an educational facility.

AB40-ASA1,1091,13 2. An entity authorized by state law to provide or operate a health facility or an affiliate of an entity authorized by state law to provide or operate a health facility.

AB40-ASA1,1091,16 3. An entity authorized by state law to provide or operate a research facility or an affiliate of an entity authorized by state law to provide or operate a research facility.

AB40-ASA1,2025 Section 2025. 231.01 (7) (a) 1. of the statutes is amended to read:

AB40-ASA1,1091,21 231.01 (7) (a) 1. A specific health facility, educational facility, nonprofit facility, or research facility work or improvement to be refinanced, acquired, constructed, enlarged, remodeled, renovated, improved, furnished, or equipped by the authority with funds provided in whole or in part under this chapter.

AB40-ASA1,2026 Section 2026. 231.01 (7) (a) 2. of the statutes is amended to read:

AB40-ASA1,1092,3 231.01 (7) (a) 2. One or more structures suitable for use as a research facility, nonprofit facility, health facility, laboratory, laundry, nurses' or interns' residence or other multi-unit housing facility for staff, employees, patients or relatives of patients admitted for treatment or care in a health facility, physician's facility, administration building, nonprofit facility, research facility, maintenance, storage, or utility facility.

AB40-ASA1,2027 Section 2027. 231.01 (7) (a) 4. of the statutes is amended to read:

AB40-ASA1,1092,8 231.01 (7) (a) 4. Any structure useful for the operation of a health facility, educational facility, nonprofit facility, or research facility, including facilities or supporting service structures essential or convenient for the orderly conduct of the health facility, educational facility, nonprofit facility, or research facility.

AB40-ASA1,2028 Section 2028. 231.01 (7) (c) of the statutes is amended to read:

AB40-ASA1,1092,15 231.01 (7) (c) "Project" may include more than one project, and it may include any combination of projects undertaken jointly by any participating health institution, participating educational institution, participating nonprofit institution, or participating research institution with one or more other participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions.

AB40-ASA1,2029 Section 2029. 231.02 (6) (b) of the statutes is amended to read:

AB40-ASA1,1093,17 231.02 (6) (b) Notwithstanding any other provision of law, it is not a conflict of interest or violation of this section or of any other law for a trustee, director, officer, or employee of a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution or for a person having the required favorable reputation for skill, knowledge, and experience in state and municipal finance or for a person having the required favorable reputation for skill, knowledge, and experience in the field of health facility, educational facility, nonprofit facility, or research facility architecture to serve as a member of the authority; if in each case to which par. (a) is applicable, the trustee, director, officer, or employee of the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution abstains from discussion, deliberation, action, and vote by the authority in specific respect to any undertaking pursuant to this chapter in which his or her participating health institution, participating educational institution, participating nonprofit institution, or participating research institution has an interest, or the person having the required favorable reputation for skill, knowledge, and experience in state and municipal finance abstains from discussion, deliberation, action, and vote by the authority in specific respect to any sale, purchase, or ownership of bonds of the authority in which any business of which such person is a participant, owner, officer, or employee has a past, current, or future interest, or such person having the required favorable reputation for skill, knowledge, and experience in the field of health facility, educational facility, nonprofit facility, or research facility architecture abstains from discussion, deliberation, action, and vote by the authority in specific respect to construction or acquisition of any project of the authority in which any business of which such person is a participant, owner, officer, or employee has a past, current, or future interest.

AB40-ASA1,2030 Section 2030. 231.03 (5) of the statutes is amended to read:

AB40-ASA1,1094,9 231.03 (5) Determine the location and character of any project to be financed under this chapter, and construct, reconstruct, remodel, maintain, enlarge, alter, add to, repair, lease as lessee or lessor and regulate the same, enter into contracts for any such purpose, enter into contracts for the management and operation of a project or other health facilities, educational facilities, nonprofit facilities, or research facilities owned by the authority, and designate a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution as its agent to determine the location and character of a project undertaken by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution under this chapter and as the agent of the authority, to construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease as lessee or lessor and regulate the same, and as the agent of the authority, to enter into contracts for any such purpose, including contracts for the management and operation of such project or other health facilities, educational facilities, nonprofit facilities, or research facilities owned by the authority.

AB40-ASA1,2031 Section 2031. 231.03 (6) (j) of the statutes is created to read:

AB40-ASA1,1094,12 231.03 (6) (j) Finance any project undertaken for a nonprofit facility by a participating nonprofit institution.

AB40-ASA1,2032 Section 2032. 231.03 (6) (k) of the statutes is created to read:

AB40-ASA1,1094,15 231.03 (6) (k) Refinance outstanding debt of any participating nonprofit institution.

AB40-ASA1,2033 Section 2033. 231.03 (7) of the statutes is amended to read:

AB40-ASA1,1094,23 231.03 (7) Fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and for the services furnished or to be furnished by a project or other health facilities, educational facilities, nonprofit facilities, or research facilities owned by the authority or any portion thereof, contract with any person in respect thereto and coordinate its policies and procedures, and cooperate with recognized health facility, educational facility, nonprofit facility, or research facility rate setting mechanisms.

AB40-ASA1,2034 Section 2034. 231.03 (8) of the statutes is amended to read:

AB40-ASA1,1095,14 231.03 (8) Adopt rules for the use of a project or other health facility, educational facility, nonprofit facility, or research facility or any portion of the project or facility owned, financed, or refinanced in whole or in part by the authority, including any property used as security for a loan secured through, from, or with the assistance of the authority. The authority may designate a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution as its agent to establish rules for the use of a project or other health facilities, educational facilities, nonprofit facilities, or research facilities undertaken for that participating health institution, participating educational institution, participating nonprofit institution, or participating research institution. The rules shall ensure that a project, health facility, educational facility, research facility, nonprofit facility, or property may not be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.

AB40-ASA1,2035 Section 2035. 231.03 (11) of the statutes is amended to read:

AB40-ASA1,1096,2 231.03 (11) Establish or contract with others to carry out on its behalf a health facility, educational facility, nonprofit facility, or research facility project cost estimating service, and make this service available on all projects to provide expert cost estimates and guidance to the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution and to the authority. To implement this service and, through it, to contribute to cost containment, the authority may require such reasonable reports and documents from health facility, educational facility, nonprofit facility, or research facility projects as are required for this service and for the development of cost reports and guidelines. The authority shall appoint a technical committee on health facility, educational facility, nonprofit facility, or research facility project costs and cost containment.

AB40-ASA1,2036 Section 2036. 231.03 (13) of the statutes is amended to read:

AB40-ASA1,1096,16 231.03 (13) Make loans to any participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for the cost of a project in accordance with an agreement between the authority and the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution. The authority may secure the loan by a mortgage or other security arrangement on the health facility, educational facility, nonprofit facility, or research facility granted by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the authority. The loan may not exceed the total cost of the project as determined by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution and approved by the authority.

AB40-ASA1,2037 Section 2037. 231.03 (14) of the statutes is amended to read:

AB40-ASA1,1096,25 231.03 (14) Make loans to a health facility, educational facility, nonprofit facility, or research facility for which bonds may be issued under sub. (6) (b), (d), or (i), or (k), to refinance the health facility's, educational facility's, nonprofit facility's, or research facility's outstanding debt. The authority may secure the loan or bond by a mortgage or other security arrangement on the health facility, educational facility, nonprofit facility, or research facility granted by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the authority.

AB40-ASA1,2038 Section 2038. 231.03 (15) of the statutes is amended to read: