Amendment ASA1-AB64

AB64-ASA1,1705 Section 1705 . 224.50 (1) (c) of the statutes is created to read:

AB64-ASA1,863,9 224.50 (1) (c) “Department” means the department of financial institutions.

AB64-ASA1,1706 Section 1706 . 224.51 (1g) of the statutes is created to read:

AB64-ASA1,863,12 224.51 (1g) In this section, “department” means the department of financial institutions.

AB64-ASA1,1712h Section 1712h. 227.118 of the statutes is created to read:

AB64-ASA1,863,23 227.118 Review of rules affecting state prosecutors office. (1) Report on rules affecting state prosecutors office. If a proposed rule directly affects the state prosecutors office, the agency proposing the rule shall, prior to submitting the proposed rule to the legislative council staff under s. 227.15, submit the proposed rule to the state prosecutors office. The state prosecutors office shall prepare a report on the proposed rule before it is submitted to the legislative council staff under s. 227.15. The state prosecutors office may request any information from other state agencies, local governments, individuals, or organizations that is reasonably necessary for the office to prepare the report. The state prosecutors office shall prepare the report within 30 days after the rule is submitted to the office.

AB64-ASA1,864,3 (2) Findings of the office to be contained in the report. The report of the state prosecutors office shall contain information about the effect of the proposed rule on the state prosecutors office.

AB64-ASA1,864,5 (3) Applicability. This section does not apply to emergency rules promulgated under s. 227.24.

AB64-ASA1,1740g Section 1740g. 227.19 (3) (em) of the statutes is created to read:

AB64-ASA1,864,8 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule directly affects the state prosecutors office.

AB64-ASA1,1754 Section 1754 . 227.55 of the statutes is renumbered 227.55 (1) and amended to read:

AB64-ASA1,864,24 227.55 (1) Within 30 days after service of the petition for review upon the agency, or within such further time as the court may allow allows, the agency in possession of the record for the decision under review shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings in which the decision under review was made, including all pleadings, notices, testimony, exhibits, findings, decisions, orders, and exceptions, therein; but except that by stipulation of all parties to the review proceedings the record may be shortened by eliminating any portion thereof of the record. Any party, other than the agency that is a party, refusing to stipulate to limit the record may be taxed by the court for the additional costs. The Except as provided in sub. (2), the record may be typewritten or printed. The exhibits may be typewritten, photostated photocopied, or otherwise reproduced, or, upon motion of any party, or by order of the court, the original exhibits shall accompany the record. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

AB64-ASA1,1755 Section 1755 . 227.55 (2) of the statutes is created to read:

AB64-ASA1,865,4 227.55 (2) In the case of a record under sub. (1) that is in the possession of the division of hearings and appeals, if any portion of the record is in the form of an audio or video recording, the division may transmit to the reviewing court a copy of that recording in lieu of preparing a transcript, unless the court requests a transcript.

AB64-ASA1,1757e Section 1757e. 230.08 (2) (e) 4. of the statutes is repealed.

AB64-ASA1,1757m Section 1757m. 230.08 (2) (fq) of the statutes is created to read:

AB64-ASA1,865,7 230.08 (2) (fq) The director of the transportation projects commission.

AB64-ASA1,1758g Section 1758g. 230.08 (2) (qp) of the statutes is created to read:

AB64-ASA1,865,10 230.08 (2) (qp) The executive director and legislative liaison in the office of state prosecutors.

AB64-ASA1,1761 Section 1761 . 230.08 (4) (d) of the statutes is repealed.

AB64-ASA1,1761p Section 1761p. 230.12 (1) (cm) of the statutes is created to read:

AB64-ASA1,865,14 230.12 (1) (cm) Supplementary compensation; longevity awards for correctional officers and youth counselors. 1. In this paragraph:

AB64-ASA1,865,19 a. “Correctional officer” means an individual classified as a correctional officer or a correctional sergeant who is employed by the state and whose principal duty is the supervision of inmates at a prison, as defined in s. 302.01, or the supervision of persons committed under s. 980.06 at the secure mental health facility established under s. 46.055 or the Wisconsin resource center established under s. 46.056.

AB64-ASA1,865,23 b. “Youth counselor” means an individual classified as a youth counselor or a youth counselor-advanced who is employed by the state and whose principal duty is the supervision of juveniles held in a juvenile correctional facility, as defined in s. 938.02 (10p).

AB64-ASA1,865,25 2. The administrator shall include in the compensation plan the following length of service awards for correctional officers and youth counselors:

AB64-ASA1,866,1 a. On the employee's 10th anniversary of service, $250.

AB64-ASA1,866,2 b. On the employee's 15th anniversary of service, $500.

AB64-ASA1,866,3 c. On the employee's 20th anniversary of service, $750.

AB64-ASA1,866,5 d. On the employee's 25th anniversary of service, and each 5 year anniversary of service thereafter, $1,000.

AB64-ASA1,1762 Section 1762 . 230.13 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,866,9 230.13 (1) (intro.) Except as provided in sub. (3) and ss. 19.36 (10) to (12) and (11) and 103.13, the director and the administrator may keep records of the following personnel matters closed to the public:

AB64-ASA1,1762s Section 1762s. 230.33 (1) of the statutes is amended to read:

AB64-ASA1,866,21 230.33 (1) A person appointed to an unclassified position by the governor, elected officer, judicial body, or prosecutor board, or by a legislative body or committee shall be granted a leave of absence without pay for the duration of the appointment and for 3 months thereafter, during which time the person has restoration rights to the former position or equivalent position in the department in which last employed in a classified position without loss of seniority. The person shall also have reinstatement privileges for 5 years following appointment to the unclassified service or for one year after termination of the unclassified appointment whichever is longer. Restoration rights and reinstatement privileges shall be forfeited if the reason for termination of the unclassified appointment would also be reason for discharge from the former position in the classified service.

AB64-ASA1,1765 Section 1765 . 230.44 (4) (bm) of the statutes is amended to read:

AB64-ASA1,867,12 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the administrator made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a the commissioner or an attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying, or rejecting the decision of the administrator. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud, or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).

AB64-ASA1,1766 Section 1766 . 230.45 (1) (am) of the statutes is amended to read:

AB64-ASA1,867,16 230.45 (1) (am) Designate a commissioner or Serve as an arbitrator, or designate an attorney employed by the commission to serve as an arbitrator, in arbitrations under s. 230.44 (4) (bm).

AB64-ASA1,1767 Section 1767 . 230.85 (3) (b) of the statutes is amended to read:

AB64-ASA1,868,4 230.85 (3) (b) If, after hearing, the division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the division of equal rights must find that s. 802.05 (2) or 895.044 has been violated.

AB64-ASA1,1769 Section 1769 . 233.13 (intro.) of the statutes is amended to read:

AB64-ASA1,868,8 233.13 Closed records. (intro.) Except as provided in ss. 19.36 (10) to (12) and (11) and 103.13, the authority may keep records of the following personnel matters closed to the public:

AB64-ASA1,1769v Section 1769v. 238.115 (4) of the statutes is created to read:

AB64-ASA1,868,11 238.115 (4) Exception. After March 31, 2018, this section does not apply to the tax credits under ss. 238.308, 238.396, and 238.399.

AB64-ASA1,1770 Section 1770 . 238.123 of the statutes is repealed.

AB64-ASA1,1771 Section 1771 . 238.124 of the statutes is created to read:

AB64-ASA1,868,16 238.124 Loan limitations. (1) The corporation may not originate any loan that is forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals.

AB64-ASA1,868,20 (2) Each new lending program the corporation implements or administers shall adhere as closely as practicable to commonly accepted commercial lending practices. The corporation shall adopt policies and procedures implementing this subsection.

AB64-ASA1,1771s Section 1771s. 238.145 of the statutes is repealed.

AB64-ASA1,1774e Section 1774e. 238.15 (3) (d) (intro.) of the statutes is renumbered 238.15 (3) (d) and amended to read:

AB64-ASA1,869,15 238.15 (3) (d) Administration. The corporation, in consultation with the department of revenue, shall establish policies and procedures to administer this section and shall further define “bona fide angel investment" for purposes of s. 71.07 (5d) (a) 1. The aggregate amount of tax credits under s. 71.07 (5d) that may be claimed for investments in businesses certified under sub. (1) and of tax credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638 that may be claimed for investments paid to fund managers certified under sub. (2) is $30,000,000 per calendar year. The policies and procedures shall provide that a person who receives a credit under s. 71.07 (5b) or (5d), 71.28 (5b), 71.47 (5b), or 76.638 must keep the investment in a certified business, or with a certified fund manager, for no less than 3 years, unless the person's investment becomes worthless, as determined by the corporation, during the 3-year period or the person has kept the investment for no less than 12 months and a bona fide liquidity event, as determined by the corporation, occurs during the 3-year period. The policies and procedures shall permit the corporation to reallocate credits under this section in any calendar year that are unused in that calendar year to a person eligible for tax benefits, as defined under s. 238.30 (7) (e), if all of the following apply:

AB64-ASA1,1774f Section 1774f. 238.15 (3) (d) 1. of the statutes is repealed.

AB64-ASA1,1774g Section 1774g. 238.15 (3) (d) 2. of the statutes is repealed.

AB64-ASA1,1774k Section 1774k. 238.16 (4) (c) of the statutes is amended to read:

AB64-ASA1,869,21 238.16 (4) (c) Subject to a reallocation by the corporation pursuant to policies and procedures adopted under s. 238.15 (3) (d), the The corporation may allocate up to $10,000,000 in tax benefits under this section in any calendar year.

AB64-ASA1,1775 Section 1775 . 238.17 of the statutes is renumbered 238.17 (1) and amended to read:

AB64-ASA1,870,4 238.17 (1) For taxable years beginning after December 31, 2013, the corporation may certify a person to claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6), if the corporation determines that the person is conducting an eligible activity under s. 71.07 (9m), 71.28 (6), or 71.47 (6). No person may claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6) without first being certified under this section subsection.

AB64-ASA1,1775g Section 1775g. 238.17 (2) of the statutes is created to read:

AB64-ASA1,870,8 238.17 (2) Beginning July 1, 2018, the corporation may not certify persons to claim more than a total of $5,000,000 in tax credits for all projects undertaken on the same parcel.

AB64-ASA1,1775m Section 1775m. 238.17 (3) of the statutes is created to read:

AB64-ASA1,870,15 238.17 (3) (a) Except as provided in par. (b), the corporation may not certify a person for a tax credit under sub. (1) if the person is not subject to the taxes imposed under s. 71.02, 71.08, 71.23, or 71.43, except that the corporation may certify a nonprofit entity described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under sub. (1) if the entity intends to sell or otherwise transfer the credit, as provided under s. 71.07 (9m), 71.28 (6) (h), or 71.47 (6) (h).

AB64-ASA1,871,2 (b) The corporation may certify a nonprofit entity not described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under sub. (1) by submitting the proposal for the certification to the joint committee on finance for approval. If the cochairpersons of the joint committee on finance do not notify the corporation within 14 working days after the date of the corporation's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented as proposed by the corporation. If, within 14 working days after the corporation's submittal, the cochairpersons of the joint committee on finance notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented only upon approval of the committee.

AB64-ASA1,1779L Section 1779L. 238.28 of the statutes is created to read:

AB64-ASA1,871,7 238.28 Refundable tax credits. (1) Policies and procedures. The corporation shall adopt policies and procedures implementing ss. 71.07 (3w) (c) 1. b., (3wm) (d), and (3y) (d) 2. b., 71.28 (3w) (c) 1. b., (3wm) (d), and (3y) (d) 2. b., and 71.47 (3w) (c) 1. b. and (3y) (d) 2. b.

AB64-ASA1,871,10 (2) Use of credits. It is the intent of the legislature that all credits awarded under ss. 238.16, 238.308, 238.396, and 238.399 become a permanent part of the working capital structure of businesses claiming the credits.

AB64-ASA1,1779m Section 1779m. 238.308 (4) (b) of the statutes is amended to read:

AB64-ASA1,871,15 238.308 (4) (b) Subject to a reallocation by the corporation under s. 238.15 (3) (d), the The corporation may allocate up to $17,000,000 in tax benefits under this section in 2016 and up to $22,000,000 per in tax benefits under this section each year thereafter. Any unused allocation may be carried forward.

AB64-ASA1,1779n Section 1779n. 238.308 (4) (c) of the statutes is created to read:

AB64-ASA1,871,18 238.308 (4) (c) In any year, the corporation may exceed the annual limit on tax benefits specified in par. (b) by up to $10,000,000 if all of the following apply:

AB64-ASA1,871,20 1. The corporation notifies the joint committee on finance in writing of its proposal to exceed the annual limit on tax benefits specified in par. (b).

AB64-ASA1,871,23 2. The corporation submits with its notification under subd. 1. evidence that shows the corporation's proposal is necessary to accomplish the corporation's statewide economic development objectives.

AB64-ASA1,871,24 3. Any of the following is true:

AB64-ASA1,872,4 a. The cochairpersons of the joint committee on finance fail to notify the corporation, within 14 working days after the date of the corporation's notification under subd. 1., that the committee has scheduled a meeting for the purpose of reviewing the corporation's proposal.

AB64-ASA1,872,6 b. The cochairpersons of the joint committee on finance notify the corporation that the committee has approved the corporation's proposal.

AB64-ASA1,1783L Section 1783L. 238.399 (3) (a) of the statutes is amended to read:

AB64-ASA1,872,9 238.399 (3) (a) The corporation may designate not more than 30 areas in this state as enterprise zones.

AB64-ASA1,1783o Section 1783o. 238.399 (5s) of the statutes is created to read:

AB64-ASA1,872,13 238.399 (5s) Cap. (a) Except as provided in par. (b), the corporation may not authorize payments under ss. 71.07 (3w), 71.28 (3w), and 71.47 (3w) in any fiscal biennium that total more than $80,600,000 in the aggregate.

AB64-ASA1,873,2 (b) The corporation may submit a plan to exceed the aggregate amount specified under par. (a) to the cochairpersons of the joint committee on finance for review by the committee. If the cochairpersons of the committee do not notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 working days after the date of the corporation's submittal, the corporation may exceed the aggregate amount in accordance with its proposed plan. If, within 14 working days after the date of the corporation's submittal, the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the corporation may not exceed the aggregate amount unless the committee approves the proposed plan. If the committee modifies and approves the proposed plan, the corporation may exceed the aggregate amount in accordance with the plan as modified by the committee.

AB64-ASA1,1783q Section 1783q. 238.399 (6) (e) of the statutes is repealed.

AB64-ASA1,1784 Section 1784 . 250.16 of the statutes is renumbered 341.14 (8v) and amended to read:

AB64-ASA1,873,10 341.14 (8v) Payments to the Wisconsin Women's Health Foundation. (a) From the appropriation account under s. 20.435 (1) 20.395 (5) (gi), the department shall make payments to the Wisconsin Women's Health Foundation, Inc., to provide women's health outreach and education programs and support for women's health research that improves the quality of life for women and families in this state.

AB64-ASA1,873,16 (b) The agreement under this section shall require that the The Wisconsin Women's Health Foundation, Inc., shall provide, without fee and as a condition of receiving payments specified under this section subsection, any license or other approval required for use of any logo, trademark, trade name, word, or symbol to be used on or in association with special group registration plates under s. 341.14 sub. (6r) (f) 57.

AB64-ASA1,873,22 (c) The agreement under this section shall require that As a condition of receiving payments specified under this subsection, the Wisconsin Women's Health Foundation, Inc., shall annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under this section subsection, prepared in accordance with generally accepted accounting principles.

AB64-ASA1,874,2 (d) Payments to the Wisconsin Women's Health Foundation, Inc., under this section subsection shall be discontinued by the department if the Wisconsin Women's Health Foundation, Inc., dissolves or is no longer exempt from taxation under section 501 (a) of the Internal Revenue Code.

AB64-ASA1,1785 Section 1785 . 250.17 of the statutes is renumbered 341.14 (8w) and amended to read:

AB64-ASA1,874,13 341.14 (8w) Organ and tissue donation. (a) From the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj), the department shall make payments to Donate Life Wisconsin, or an organization designated under par. (d) if Donate Life Wisconsin ceases to exist, to encourage organ and tissue donation by providing educational programs, promoting or advancing research and patient services, and, at the discretion of Donate Life Wisconsin, distributing portions of these payments to any other organ and tissue procurement and donation organization in this state that is exempt from taxation under section 501 (a) of the Internal Revenue Code, to be used for these same purposes.

AB64-ASA1,874,18 (b) The agreement under this section shall require that Donate Life Wisconsin shall provide, without fee and as a condition of receiving payments specified under this section subsection, any license or other approval required for use of any logo, trademark, trade name, word, or symbol to be used on or in association with special group registration plates under s. 341.14 sub. (6r) (f) 58.

AB64-ASA1,875,4 (c) The agreement under this section shall require that As a condition of receiving payments specified under this subsection, Donate Life Wisconsin shall annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under this section subsection, prepared in accordance with generally accepted accounting principles. The agreement under this section shall also require that As a condition of receiving payments specified under this subsection, Donate Life Wisconsin shall enter into a contract with any organ and tissue donor organization to which it distributes funds under sub. (1) par. (a) requiring that organization to prepare and submit audited financial statements of that organization's use of funds received under sub. (1) par. (a).

AB64-ASA1,875,15 (d) The department shall discontinue payments to Donate Life Wisconsin under this section subsection if Donate Life Wisconsin dissolves or is no longer exempt from taxation under section 501 (a) of the Internal Revenue Code and the department, in consultation with the department of health services, shall designate a new recipient for payments under this section subsection. The new recipient must be a nonprofit organization that promotes organ and tissue donation and must comply with any requirement specified in this section subsection for Donate Life Wisconsin. Notwithstanding any other provision of this section subsection, the department shall not make any payments under this section subsection until Donate Life Wisconsin is properly formed and operational and is exempt from taxation under section 501 (a) of the Internal Revenue Code.