AB40: Bill Text

AB40, s. 2725 Section 2725. 227.01 (1) of the statutes is amended to read:

AB40,1037,10 227.01 (1) "Agency" means a board, commission, committee, department or officer in the state government, except the governor, a district attorney, or a military or judicial officer, and in subch. II includes the Board of Trustees of the University of Wisconsin–Madison with respect to rules promulgated under s. 37.11 (1m) (a), (c), and (cm) and (8).

AB40, s. 2726 Section 2726. 227.01 (13) (yc) of the statutes is created to read:

AB40,1037,13 227.01 (13) (yc) Adjusts the total cost threshold for highway projects under ss. 84.013 (2m) and 84.0145 (4).

AB40, s. 2727 Section 2727. 227.01 (13) (yL) of the statutes is repealed.

AB40, s. 2728 Section 2728. 227.01 (13) (zi) of the statutes is repealed.

AB40, s. 2729 Section 2729. 227.114 (5) of the statutes is repealed.

AB40, s. 2730 Section 2730. 227.115 of the statutes is repealed.

AB40, s. 2731 Section 2731. 227.116 (1) of the statutes is renumbered 227.116 (1r) and amended to read:

AB40,1037,24 227.116 (1r) Each proposed rule submitted to the legislative council under s. 227.15 that includes a requirement for a business to obtain a permit , as defined in s. 560.41 (2), shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.

AB40, s. 2732 Section 2732. 227.116 (1g) of the statutes is created to read:

AB40,1038,2 227.116 (1g) In this section, "permit" means any approval of an agency required as a condition of operating a business in this state.

AB40, s. 2733 Section 2733. 227.116 (2) of the statutes is amended to read:

AB40,1038,8 227.116 (2) If any existing rule does not comply with sub. (1) (1r), the agency that promulgated the rule shall submit to the legislative council a proposed revision of the rule that will bring the rule into compliance with sub. (1) (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.

AB40, s. 2734 Section 2734. 227.116 (3) of the statutes is amended to read:

AB40,1038,13 227.116 (3) Subsections (1) (1r) and (2) do not apply to a rule if the rule, or a law under which the rule was promulgated, effective prior to November 17, 1983, contains a specification of a time period for review and determination on a permit application.

AB40, s. 2735 Section 2735. 227.116 (4) (intro.) of the statutes is amended to read:

AB40,1038,19 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the department of commerce safety and professional services within 5 business days of the last day of the time period specified, setting forth all of the following:

AB40, s. 2736 Section 2736. 227.116 (5) of the statutes is amended to read:

AB40,1038,24 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the department of commerce safety and professional services.

AB40, s. 2737 Section 2737. 227.137 (1) of the statutes is amended to read:

AB40,1039,3 227.137 (1) In this section, "agency" means the departments of agriculture, trade, and consumer protection; commerce safety and professional services; natural resources; transportation; and workforce development.

AB40, s. 2738 Section 2738. 227.137 (3) (intro.) of the statutes is amended to read:

AB40,1039,13 227.137 (3) (intro.) An economic impact report shall contain information on the effect of the proposed rule on specific businesses, business sectors, and the state's economy. When preparing the report, the agency shall solicit information and advice from the department of commerce Wisconsin Economic Development Corporation, and from governmental units, associations, businesses, and individuals that may be affected by the proposed rule. The agency may request information that is reasonably necessary for the preparation of an economic impact report from other state agencies, governmental units, associations, businesses, and individuals. The economic impact report shall include all of the following:

AB40, s. 2739 Section 2739. 227.19 (3) (g) of the statutes is repealed.

AB40, s. 2740 Section 2740. 227.59 of the statutes is amended to read:

AB40,1040,7 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County except an action or appeal for the review of any order of the department of workforce development or the department of commerce safety and professional services or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.

AB40, s. 2741 Section 2741. 229.46 (1) (ag) of the statutes is amended to read:

AB40,1040,11 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2742 Section 2742. 229.46 (1) (b) of the statutes is amended to read:

AB40,1040,14 229.46 (1) (b) "Minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 2743 Section 2743. 229.70 (1) (ag) of the statutes is amended to read:

AB40,1040,18 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2744 Section 2744. 229.70 (1) (am) of the statutes is amended to read:

AB40,1040,21 229.70 (1) (am) "Minority business" has the meaning given in s. 560.036 490.04 (1) (e).

AB40, s. 2745 Section 2745. 229.70 (1) (b) of the statutes is amended to read:

AB40,1040,24 229.70 (1) (b) "Minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 2746 Section 2746. 229.8273 (1) (am) of the statutes is amended to read:

AB40,1041,3 229.8273 (1) (am) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2747 Section 2747. 229.8273 (1) (b) of the statutes is amended to read:

AB40,1041,6 229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 490.04 (1) (e).

AB40, s. 2748 Section 2748. 229.8273 (1) (c) of the statutes is amended to read:

AB40,1041,9 229.8273 (1) (c) "Minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 2749 Section 2749. 229.845 (1) (ag) of the statutes is amended to read:

AB40,1041,13 229.845 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 2750 Section 2750. 229.845 (1) (am) of the statutes is amended to read:

AB40,1041,16 229.845 (1) (am) "Minority business" has the meaning given in s. 560.036 490.04 (1) (e).

AB40, s. 2751 Section 2751. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,1042,3 230.03 (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. 37, 52, 231, 232, 233, 234, 235, 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, s. 2752 Section 2752. 230.08 (2) (dm) of the statutes is amended to read:

AB40,1042,7 230.08 (2) (dm) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e.

AB40, s. 2753 Section 2753. 230.08 (2) (e) 1. of the statutes is amended to read:

AB40,1042,9 230.08 (2) (e) 1. Administration — 14 13.

AB40, s. 2754 Section 2754. 230.08 (2) (e) 4. of the statutes is created to read:

AB40,1042,11 230.08 (2) (e) 4. Employment relations commission — 1.

AB40, s. 2755 Section 2755. 230.08 (2) (e) 6. of the statutes is amended to read:

AB40,1042,13 230.08 (2) (e) 6. Workforce development — 6 7.

AB40, s. 2756 Section 2756. 230.08 (2) (e) 10. of the statutes is repealed.

AB40, s. 2757 Section 2757. 230.08 (2) (e) 11m. of the statutes is created to read:

AB40,1042,16 230.08 (2) (e) 11m. Safety and professional services — 7.

AB40, s. 2758 Section 2758. 230.08 (2) (g) of the statutes is amended to read:

AB40,1042,21 230.08 (2) (g) One stenographer appointed by each elective executive officer, except the secretary of state and the state treasurer; and one deputy or assistant appointed by each elective executive officer, except the attorney general and superintendent of public instruction.

AB40, s. 2759 Section 2759. 230.08 (2) (pd) of the statutes is amended to read:

AB40,1042,24 230.08 (2) (pd) The chairperson of the earned release review parole commission.

AB40, s. 2760 Section 2760. 230.08 (2) (v) of the statutes is amended to read:

AB40,1043,2 230.08 (2) (v) Not more than 5 10 bureau directors in the department of regulation and licensing safety and professional services.

AB40, s. 2761 Section 2761. 230.08 (2) (yb) of the statutes is created to read:

AB40,1043,5 230.08 (2) (yb) The director and the deputy director of the office of business development in the department of administration.

AB40, s. 2762 Section 2762. 230.08 (2) (yc) of the statutes is repealed.

AB40, s. 2763 Section 2763. 230.08 (4) (a) of the statutes is amended to read:

AB40,1043,17 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, government accountability board, investment board, public defender board and technical college system board and "commission" means the employment relations commission and the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

AB40, s. 2764 Section 2764. 230.12 (1) (a) 1. b. of the statutes is amended to read:

AB40,1044,3 230.12 (1) (a) 1. b. The provisions governing the pay of all unclassified positions except positions for employees of the University of Wisconsin System, for employees of the legislature who are not identified under s. 20.923 (4), for employees of a service agency under subch. IV of ch. 13, for employees of the state court system, for employees of the investment board identified under s. 230.08 (2) (p), for one stenographer employed by each elective executive officer, except the secretary of state and the state treasurer, under s. 230.08 (2) (g), for 3 sales representatives of prison industries and one sales manager of prison industries identified under s. 303.01 (10), and for sales and development professional of the historical society employed under s. 44.20 (4) (a).

AB40, s. 2765 Section 2765. 230.339 of the statutes is created to read:

AB40,1044,14 230.339 Rights of certain employees of the department of safety and professional services. (1) Notwithstanding s. 230.08 (2) (e) 11m. and (v), all of the employees holding the following positions in the classified service at the department of commerce on the day before the effective date of this subsection .... [LRB inserts date], who have achieved permanent status in class on or before that date shall, upon employment by the department of safety and professional services, retain, while serving in the unclassified service at the department of safety and professional services, those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay:

AB40,1044,15 (a) Administrator of the division of administrative services.

AB40,1044,17 (b) Director of the bureau of petroleum environmental cleanup fund administration in the division of environmental and regulatory services.

AB40,1044,19 (c) Director of the bureau of petroleum products and tanks in the division of environmental and regulatory services.

AB40,1044,21 (d) Director of the bureau of integrated services in the division of safety and buildings.

AB40,1044,23 (e) Director of the bureau of program development in the division of safety and buildings.

AB40,1044,25 (2) Each employee specified under sub. (1) shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1).

AB40, s. 2766 Section 2766. 230.35 (1s) of the statutes is amended to read:

AB40,1045,9 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e. shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e., as approved by the chancellor of the appropriate University of Wisconsin-Parkside Wisconsin System institution and subject to the terms of any collective bargaining agreement under subch. V of ch. 111 covering the instructional staff.

AB40, s. 2767 Section 2767. 230.44 (1) (h) of the statutes is repealed.

AB40, s. 2768 Section 2768. 231.01 (1) of the statutes is renumbered 231.01 (1t).

AB40, s. 2769 Section 2769. 231.01 (1m) of the statutes is created to read:

AB40,1045,14 231.01 (1m) "Affiliate" means an entity that controls, is controlled by, or is under common control with another entity.

AB40, s. 2770 Section 2770. 231.01 (4t) of the statutes is created to read:

AB40,1045,16 231.01 (4t) "Entity" means any person other than a natural person.