SB40: Bill Text

SB40,1377,24 227.43 (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, s. 3000 Section 3000. 227.43 (3) (d) of the statutes is amended to read:

SB40,1378,5 227.43 (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, s. 3001 Section 3001. 227.43 (4) (d) of the statutes is amended to read:

SB40,1378,9 227.43 (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, s. 3002 Section 3002. 227.54 of the statutes is amended to read:

SB40,1378,14 227.54 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, s. 3003 Section 3003. 230.01 (3) of the statutes is amended to read:

SB40,1378,17 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

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

SB40,1379,3 230.03 (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 238. "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, s. 3005 Section 3005. 230.046 (10) (a) of the statutes is amended to read:

SB40,1379,6 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

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

SB40,1379,8 230.08 (2) (e) 1. Administration — 13 15.

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

SB40,1379,10 230.08 (2) (e) 2m. Children and families — 5.

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

SB40,1379,12 230.08 (2) (e) 6. Workforce development — 7 6.

SB40, s. 3009 Section 3009. 230.08 (2) (eg) of the statutes is created to read:

SB40,1379,14 230.08 (2) (eg) A general counsel position in each of the following agencies:

SB40,1379,15 1. Department of administration.

SB40,1379,16 2. Department of agriculture, trade and consumer protection.

SB40,1379,17 2m. Department of children and families.

SB40,1379,18 3. Department of commerce.

SB40,1379,19 4. Department of corrections.

SB40,1379,20 5. Department of financial institutions.

SB40,1379,21 6. Department of health and family services.

SB40,1379,22 7. Department of natural resources.

SB40,1379,23 8. Department of regulation and licensing.

SB40,1379,24 9. Department of revenue.

SB40,1379,25 10. Department of transportation.

SB40,1380,1 11. Department of workforce development.

SB40,1380,2 12. Office of the commissioner of insurance.

SB40, s. 3010 Section 3010. 230.08 (2) (L) 6. of the statutes is repealed and recreated to read:

SB40,1380,4 230.08 (2) (L) 6. Bureau of criminal justice research.

SB40, s. 3011 Section 3011. 230.08 (2) (of) of the statutes is amended to read:

SB40,1380,7 230.08 (2) (of) The executive staff director of the sentencing commission bureau of criminal justice research.

SB40, s. 3012 Section 3012. 230.08 (2) (pd) of the statutes is amended to read:

SB40,1380,10 230.08 (2) (pd) The chairperson of the parole earned release review commission.

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

SB40,1380,14 230.08 (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, s. 3014 Section 3014. 230.08 (2) (yc) of the statutes is created to read:

SB40,1380,18 230.08 (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, s. 3015 Section 3015. 230.12 (3) (e) 1. of the statutes is amended to read:

SB40,1381,18 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

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

SB40,1381,25 230.13 (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, s. 3017 Section 3017. 230.147 (1) of the statutes is amended to read:

SB40,1382,11 230.147 (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, s. 3018 Section 3018. 230.147 (2) of the statutes is amended to read:

SB40,1382,22 230.147 (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, s. 3019 Section 3019. 230.35 (2d) (e) of the statutes is amended to read:

SB40,1383,2 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB40, s. 3020 Section 3020. 230.35 (3) (e) 6. of the statutes is amended to read:

SB40,1383,7 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

SB40, s. 3021 Section 3021. 230.88 (2) (b) of the statutes is amended to read:

SB40,1383,17 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

SB40, s. 3022 Section 3022. 231.03 (intro.) of the statutes is amended to read:

SB40,1383,22 231.03 Powers. (intro.) The authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, subject to s. 231.035, the authority may:

SB40, s. 3023 Section 3023. 231.035 of the statutes is created to read:

SB40,1384,7 231.035 Approval by secretary of health and family services. Beginning on the effective date of this section .... [revisor inserts date], the authority shall inform the secretary of health and family services of any health facility or participating health institution that seeks financial assistance under s. 231.03. The authority may not provide any financial assistance to such a health facility or participating health institution unless the secretary of health and family services determines, under s. 146.76, that the health facility or participating health institution demonstrates progress in improving medical information systems technology.

SB40, s. 3024 Section 3024. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

SB40,1384,12 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (a) to (h) 560.605 (2m) (c), 2005 stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., and s. 560.605 (2m) (a), (b), and (f) to (h).

SB40, s. 3025 Section 3025. 234.165 (2) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB40,1384,17 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

SB40, s. 3026 Section 3026 . 234.165 (2) (c) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1384,22 234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

SB40, s. 3027 Section 3027. 234.165 (3) of the statutes is created to read:

SB40,1385,3 234.165 (3) For the purpose of housing grants and loans under s. 560.9803 and housing grants under s. 560.9805, in fiscal year 2007-08 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section and in fiscal year 2008-09 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section.

SB40, s. 3028 Section 3028. 234.165 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 3029 Section 3029. 236.335 of the statutes is amended to read:

SB40,1385,14 236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of workforce development commerce under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of workforce development commerce.

SB40, s. 3030 Section 3030. Chapter 238 of the statutes is created to read:

SB40,1385,17 Chapter 238 Healthy Wisconsin Authority

SB40,1385,18 238.01 Definitions. In this chapter:

SB40,1385,19 (1) "Authority" means the Healthy Wisconsin Authority.

SB40,1385,20 (2) "Board" means the board of directors of the authority.

SB40,1385,22 (3) "Health benefit purchasing cooperative" means a cooperative under s. 185.99.

SB40,1385,23 (4) "Small group market" has the meaning given in s. 632.745 (26).

SB40,1386,3 238.05 Creation and organization of authority. (1) There is created a public body corporate and politic to be known as the "Healthy Wisconsin Authority." The board of directors of the authority shall consist of the commissioner of insurance, or his or her designee, as a nonvoting member, and the following 13 members, who shall serve 4-year terms:

SB40,1386,4 (a) One majority party senator appointed by the senate majority leader.

SB40,1386,5 (b) One minority party senator appointed by the senate minority leader.

SB40,1386,7 (c) One majority party representative to the assembly appointed by the speaker of the assembly.

SB40,1386,9 (d) One minority party representative to the assembly appointed by the assembly minority leader.

SB40,1386,11 (e) Nine nominees of the governor, appointed with the advice and consent of the senate, consisting of all of the following:

SB40,1386,12 1. One health care provider.