AB64: Bill Text

AB64,783,11 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition to any preliminary public hearing and comment period held under sub. (1) (e) 1d., an agency shall hold a public hearing within 45 days after it promulgates a rule under sub. (1). If within that 45-day period the agency submits to the legislative council staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall hold a public hearing on both rules within 90 days after promulgation of the rule under sub. (1), or within 30 days after the agency receives the report on the proposed rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.

AB64,1752 Section 1752. 227.26 (4) of the statutes is created to read:

AB64,783,16 227.26 (4) Repeal of unauthorized rules. (a) In this subsection, “unauthorized rule" means a rule that an agency lacks the authority to promulgate due to the repeal or amendment of the law that previously authorized its promulgation.

AB64,783,20 (b) Notwithstanding ss. 227.114 to 227.117 and 227.135 to 227.19, an agency that promulgated or that otherwise administers a rule that the agency determines is an unauthorized rule may petition the joint committee for review of administrative rules for authorization to repeal that rule by using the following process:

AB64,784,2 1. The agency shall submit a petition with a proposed rule that repeals the rule the agency has determined is an unauthorized rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1) and shall include the material required under s. 227.14 (2) (a) 1., 2., and 7. and a statement that the agency is petitioning the joint committee for review of administrative rules to use the process under this subsection to repeal a rule the agency has determined to be an unauthorized rule.

AB64,784,7 2. The legislative council staff shall review the petition and proposed rule in accordance with s. 227.15 (2) and submit to the joint committee for review of administrative rules the petition and proposed rule with a written report including a statement of its determination as to whether the proposed rule proposes to repeal an unauthorized rule.

AB64,784,11 3. Following receipt of the petition and proposed rule submitted by the legislative council staff under subd. 2., the joint committee for review of administrative rules shall review the petition and proposed rule and may do any of the following:

AB64,784,13 a. Approve the agency's petition if the committee determines that the proposed rule would repeal an unauthorized rule.

AB64,784,14 b. Deny the agency's petition.

AB64,784,16 c. Request that the agency make changes to the proposed rule and resubmit the petition and proposed rule under subd. 1.

AB64,784,18 4. The committee shall inform the agency in writing of its decision as to the petition.

AB64,784,22 (c) If the joint committee for review of administrative rules approves a petition to repeal an unauthorized rule as provided in par. (b) 3. a., the agency may promulgate the proposed rule by filing a certified copy of the rule with the legislative reference bureau under s. 227.20, together with a copy of the committee's decision.

AB64,1753 Section 1753 . 227.52 (7) of the statutes is amended to read:

AB64,785,3 227.52 (7) Those decisions of the department of workforce development which that are subject to administrative review, prior to any judicial review, by the labor and industry review commission.

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

AB64,785,19 227.55 (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.

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

AB64,785,24 227.55 (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.

AB64,1756 Section 1756 . 227.59 of the statutes is amended to read:

AB64,786,17 227.59 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 safety and professional services or findings and orders of the labor and industry review commission which that 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.

AB64,1757 Section 1757 . 230.08 (2) (e) 3e. of the statutes is amended to read:

AB64,786,19 230.08 (2) (e) 3e. Corrections — 7 8.

AB64,1758 Section 1758. 230.08 (2) (pd) of the statutes is repealed.

AB64,1759 Section 1759. 230.08 (2) (wh) of the statutes is repealed.

AB64,1760 Section 1760 . 230.08 (2) (xc) of the statutes is repealed.

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

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

AB64,787,3 230.13 (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:

AB64,1763 Section 1763. 230.337 of the statutes is repealed.

AB64,1764 Section 1764. 230.44 (1) (f) of the statutes is repealed.

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

AB64,787,21 230.44 (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).

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

AB64,787,25 230.45 (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).

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

AB64,788,13 230.85 (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.

AB64,1768 Section 1768. 231.01 (7) (d) 2. of the statutes is amended to read:

AB64,788,16 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or 464, or the substantially equivalent laws or rules of another state.

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

AB64,788,20 233.13 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:

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

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

AB64,788,24 238.124 Loan limitations. (1) Each loan the corporation originates is subject to all of the following limitations:

AB64,789,4 (a) Except for a loan issued under the corporation's technology development loan program as that program was constituted on January 1, 2015, the loan may not be funded from any appropriation to the corporation and shall be funded only from repayments of other loans.

AB64,789,6 (b) The loan may not be forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals.

AB64,789,10 (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.

AB64,1772 Section 1772. 238.15 (1) (L) of the statutes is renumbered 238.15 (1) (L) 1. and amended to read:

AB64,789,16 238.15 (1) (L) 1. For taxable years beginning after December 31, 2010 and before January 1, 2017, it has not received more than $8,000,000 in investments that have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.

AB64,1773 Section 1773. 238.15 (1) (L) 2. of the statutes is created to read:

AB64,789,20 238.15 (1) (L) 2. For taxable years beginning after December 31, 2016, it has not received more than $12,000,000 in investments that have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.

AB64,1774 Section 1774. 238.15 (3) (d) (intro.) of the statutes is amended to read:

AB64,790,13 238.15 (3) (d) Administration. (intro.) 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 were unused in that the immediately preceding calendar year to a person eligible for tax benefits, as defined under s. 238.30 (7) (e), if all of the following apply:

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

AB64,790,21 238.17 (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.

AB64,1776 Section 1776. 238.17 (2) of the statutes is created to read:

AB64,790,24 238.17 (2) (a) For the calendar year 2017, the tax credits certified under sub. (1) may total no more than whichever of the following is greater:

AB64,790,25 1. $10,000,000.

AB64,791,2 2. The amount certified by the corporation between January 1, 2017, and the effective date of this subdivision .... [LRB inserts date].

AB64,791,4 (b) Beginning in the calendar year 2018, the tax credits certified under sub. (1) may total no more than $10,000,000 annually.

AB64,1777 Section 1777. 238.17 (3) of the statutes is created to read:

AB64,791,7 238.17 (3) The corporation shall use a competitive process to certify a person to claim tax credits under sub. (1), based on all of the following criteria:

AB64,791,8 (a) The eligible activity's potential to create jobs.

AB64,791,10 (b) The economic benefit to the state of certifying the tax credit relative to the cost to the state of the tax credit.

AB64,791,11 (c) The projected impact of the eligible activity on the local economy.

AB64,791,12 (d) Whether the eligible activity would occur absent the credit.

AB64,791,14 (e) The number of historic rehabilitation tax credits certified under sub. (1) in the same county or municipality in prior years.

AB64,1778 Section 1778. 238.17 (4) of the statutes is created to read:

AB64,791,23 238.17 (4) For 4 years following receipt of a tax credit under sub. (1), the original claimant shall report to the corporation the total number of full-time jobs created by the activity for which the credit was claimed. The corporation shall report to the department of revenue, at least once each calendar quarter, any claimant whose activity created fewer full-time jobs than projected under sub. (3) (a). The corporation shall report to the department of revenue the name, address, and tax identification number of the claimant, and the number of full-time jobs projected and created.

AB64,1779 Section 1779. 238.17 (5) of the statutes is created to read:

AB64,792,2 238.17 (5) The corporation shall adopt policies and procedures for the administration of this section, including all of the following:

AB64,792,3 (a) Process by which applicants may apply for certification under sub. (1).

AB64,792,4 (b) Certification of the tax credit, in accordance with sub. (3).

AB64,792,5 (c) Reporting requirements for certified claimants.

AB64,792,6 (d) Process and criteria for revocation of certification.

AB64,1780 Section 1780. 238.399 (3) (e) of the statutes is created to read:

AB64,792,12 238.399 (3) (e) If the corporation revokes all certifications for tax benefits within a designated enterprise zone, the corporation may cancel the designation of that enterprise zone. After canceling the designation of an enterprise zone, the corporation may designate a new enterprise zone subject to the limits of this subsection.

AB64,1781 Section 1781 . 238.399 (4) of the statutes is renumbered 238.399 (4) (a).

AB64,1782 Section 1782 . 238.399 (4) (b) of the statutes is created to read:

AB64,792,16 238.399 (4) (b) If an enterprise zone designation expires under par. (a), the corporation may designate a new enterprise zone subject to the limits of sub. (3).

AB64,1783 Section 1783 . 238.399 (5m) of the statutes is amended to read:

AB64,792,25 238.399 (5m) Additional tax benefits for significant capital expenditures. If the corporation determines that a business certified under sub. (5) makes a significant capital expenditure in the enterprise zone, the corporation may certify the business to receive additional tax benefits in an amount to be determined by the corporation, but not exceeding 10 percent of the business' capital expenditures. The corporation shall, in a manner determined by the corporation, allocate the tax benefits a business is certified to receive under this subsection over the remainder of the time limit of the enterprise zone under sub. (4) (a).

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

AB64,793,7 341.14 (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.

AB64,793,13 (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.

AB64,793,19 (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.

AB64,793,23 (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.

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

AB64,794,9 341.14 (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.

AB64,794,14 (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.