AB56: Bill Text

AB56,1828 Section 1828 . 227.01 (13) (t) of the statutes is created to read:

AB56,943,25 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB56,1829 Section 1829. 227.01 (13) (zo) of the statutes is created to read:

AB56,944,3 227.01 (13) (zo) Determines policies relating to medical cannabis under s. 94.57 (2).

AB56,1830 Section 1830. 227.05 of the statutes, as created by 2017 Wisconsin Act 369, is repealed.

AB56,1831 Section 1831. Subchapter II (title) of chapter 227 [precedes 227.10] of the statutes is amended to read:

AB56,944,8 CHAPTER 227

AB56,944,11 SUBCHAPTER II ADMINISTRATIVE RULES AND GUIDANCE DOCUMENTS

AB56,1832 Section 1832. 227.10 (2g) of the statutes is repealed.

AB56,1833 Section 1833. 227.11 (title) of the statutes is amended to read:

AB56,944,15 227.11 (title) Agency Extent to which chapter confers rule-making authority.

AB56,1834 Section 1834. 227.11 (3) of the statutes is repealed.

AB56,1835 Section 1835. 227.112 of the statutes is repealed.

AB56,1836 Section 1836. 227.13 of the statutes is amended to read:

AB56,945,2 227.13 Advisory committees and informal consultations. An agency may use informal conferences and consultations to obtain the viewpoint and advice of interested persons with respect to contemplated rule making. An agency may also appoint a committee of experts, interested persons or representatives of the public to advise it with respect to any contemplated rule making. Such a The committee shall have advisory powers only. Whenever an agency appoints a committee under this section, the agency shall submit a list of the members of the committee to the joint committee for review of administrative rules.

AB56,1837 Section 1837. 227.26 (2) (im) of the statutes is repealed.

AB56,1838 Section 1838. 227.40 (1) of the statutes is amended to read:

AB56,945,21 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review of the validity of a rule or guidance document shall be an action for declaratory judgment as to the validity of the rule or guidance document brought in the circuit court for the county where the party asserting the invalidity of the rule or guidance document resides or has its principal place of business or, if that party is a nonresident or does not have its principal place of business in this state, in the circuit court for the county where the dispute arose. The officer or other agency whose rule or guidance document is involved shall be the party defendant. The summons in the action shall be served as provided in s. 801.11 (3) and by delivering a copy to that officer or, if the agency is composed of more than one person, to the secretary or clerk of the agency or to any member of the agency. The court shall render a declaratory judgment in the action only when it appears from the complaint and the supporting evidence that the rule or guidance document or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. A declaratory judgment may be rendered whether or not the plaintiff has first requested the agency to pass upon the validity of the rule or guidance document in question.

AB56,1839 Section 1839. 227.40 (2) (intro.) of the statutes is amended to read:

AB56,945,24 227.40 (2) (intro.) The validity of a rule or guidance document may be determined in any of the following judicial proceedings when material therein:

AB56,1840 Section 1840. 227.40 (2) (e) of the statutes is amended to read:

AB56,946,5 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.50, 106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for review of decisions and orders of administrative agencies if the validity of the rule or guidance document involved was duly challenged in the proceeding before the agency in which the order or decision sought to be reviewed was made or entered.

AB56,1841 Section 1841. 227.40 (3) (ag) of the statutes is amended to read:

AB56,946,15 227.40 (3) (ag) In any judicial proceeding other than one under sub. (1) or (2), in which the invalidity of a rule or guidance document is material to the cause of action or any defense thereto, the assertion of that invalidity shall be set forth in the pleading of the party maintaining the invalidity of the rule or guidance document in that proceeding. The party asserting the invalidity of the rule or guidance document shall, within 30 days after the service of the pleading in which the party sets forth the invalidity, apply to the court in which the proceedings are had for an order suspending the trial of the proceeding until after a determination of the validity of the rule or guidance document in an action for declaratory judgment under sub. (1).

AB56,1842 Section 1842. 227.40 (3) (ar) of the statutes is amended to read:

AB56,946,23 227.40 (3) (ar) Upon the hearing of the application, if the court is satisfied that the validity of the rule or guidance document is material to the issues of the case, an order shall be entered staying the trial of said proceeding until the rendition of a final declaratory judgment in proceedings to be instituted forthwith by the party asserting the invalidity of the rule or guidance document. If the court finds that the asserted invalidity of the rule or guidance document is not material to the case, an order shall be entered denying the application for stay.

AB56,1843 Section 1843. 227.40 (3) (b) of the statutes is amended to read:

AB56,947,7 227.40 (3) (b) Upon the entry of a final order in the declaratory judgment action, it shall be the duty of the party who asserts the invalidity of the rule or guidance document to formally advise the court of the outcome of the declaratory judgment action so brought as ordered by the court. After the final disposition of the declaratory judgment action the court shall be bound by and apply the judgment so entered in the trial of the proceeding in which the invalidity of the rule or guidance document is asserted.

AB56,1844 Section 1844. 227.40 (3) (c) of the statutes is amended to read:

AB56,947,13 227.40 (3) (c) Failure to set forth the invalidity of a rule or guidance document in a pleading or to commence a declaratory judgment proceeding within a reasonable time pursuant to the order of the court or to prosecute the declaratory judgment action without undue delay shall preclude the party from asserting or maintaining that the rule or guidance document is invalid.

AB56,1845 Section 1845. 227.40 (4) (a) of the statutes is amended to read:

AB56,947,19 227.40 (4) (a) In any proceeding pursuant to this section for judicial review of a rule or guidance document, the court shall declare the rule or guidance document invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was promulgated or adopted without compliance with statutory rule-making or adoption procedures.

AB56,1846 Section 1846. 227.40 (6) of the statutes is amended to read:

AB56,948,2 227.40 (6) Upon entry of a final order in a declaratory judgment action under sub. (1) with respect to a rule, the court shall 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 (2) and insert an annotation of that determination in the Wisconsin administrative code under s. 13.92 (4) (a).

AB56,1847 Section 1847. 227.43 (1) (bm) of the statutes is repealed.

AB56,1848 Section 1848. 227.43 (2) (am) of the statutes is repealed.

AB56,1849 Section 1849. 227.43 (3) (bm) of the statutes is repealed.

AB56,1850 Section 1850. 227.43 (4) (bm) of the statutes is repealed.

AB56,1851 Section 1851. 227.57 (11) of the statutes is amended to read:

AB56,948,11 227.57 (11) Upon review of an agency action or decision affecting a property owner's use of the property owner's property, the court shall accord no deference to the agency's interpretation of law if the agency action or decision restricts the property owner's free use of the property owner's property.

AB56,1852 Section 1852 . 229.682 (2) of the statutes is created to read:

AB56,948,14 229.682 (2) Prevailing wage. The construction of a baseball park facility that is financed in whole or in part by a district is subject to s. 66.0903.

AB56,1853 Section 1853 . 229.8275 of the statutes is created to read:

AB56,948,21 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct or renovate football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees to all of the following:

AB56,949,2 (1) Not to allow any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or allowed to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.0903, to be paid less than the prevailing wage rate or to be required or allowed to work more than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).

AB56,949,8 (2) To require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to keep and allow inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and allow inspection of records under s. 66.0903 (10).

AB56,949,16 (3) To comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903 and to require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.

AB56,1854 Section 1854 . 230.01 (2) (b) of the statutes is amended to read:

AB56,949,24 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, or political affiliation, or status as a holder or nonholder of a license under s. 343.03 (3m).

AB56,1855 Section 1855. 230.08 (2) (wc) of the statutes is repealed.

AB56,1856 Section 1856. 230.08 (2) (ya) of the statutes is created to read:

AB56,950,3 230.08 (2) (ya) The director of the office of sustainability and clean energy in the department of administration.

AB56,1857 Section 1857 . 230.18 of the statutes is amended to read:

AB56,950,16 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such opinions or affiliations and all disclosures thereof shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry, or status as a holder or nonholder of a license under s. 343.03 (3m) except as otherwise provided.

AB56,1858 Section 1858. 234.03 (13m) of the statutes is amended to read:

AB56,950,19 234.03 (13m) To purchase and enter into commitments for the purchase of veterans housing loans made pursuant to s. 45.37, 2017 stats.

AB56,1859 Section 1859. 234.18 of the statutes is amended to read:

AB56,951,2 234.18 Limit on amount of outstanding bonds and notes. The authority may not issue notes and bonds that are secured by a capital reserve fund to which s. 234.15 (4) applies if, upon issuance, the total aggregate outstanding principal amount of notes and bonds that are secured by a capital reserve fund to which s. 234.15 (4) applies would exceed $600,000,000 $1,000,000,000. This section does not apply to bonds and notes issued to refund outstanding notes and bonds.

AB56,1860 Section 1860 . 234.29 of the statutes is amended to read:

AB56,951,14 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, or sexual orientation,; status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u) ,; whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

AB56,1861 Section 1861 . 234.29 of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB56,952,2 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, or sexual orientation; status as a holder or nonholder of a license under s. 343.03 (3m); status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u); whether the person holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined in s. 961.01 (20t); or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed.

AB56,1862 Section 1862. 234.40 (1) of the statutes is amended to read:

AB56,952,6 234.40 (1) The authority shall issue its negotiable bonds in such principal amount and length of maturity as to provide sufficient funds for veterans housing loans to be made pursuant to s. 45.37, 2017 stats.

AB56,1863 Section 1863. 234.40 (3) of the statutes is amended to read:

AB56,952,12 234.40 (3) It is the intent of the legislature that the authority be used to finance the veterans housing program. Nothing in this chapter shall be construed to supersede the powers vested by subch. III of ch. 45 in the department of veterans affairs for carrying out program responsibilities for which debt has been incurred by the authority.

AB56,1864 Section 1864. 234.41 (1) of the statutes is amended to read:

AB56,952,17 234.41 (1) There is established under the jurisdiction of the authority a veterans housing loan fund. All moneys resulting from the sale of bonds for the purpose of veterans housing pursuant to s. 45.37, 2017 stats., unless credited to the veterans capital reserve fund, shall be credited to the fund.

AB56,1865 Section 1865. 234.41 (2) of the statutes is amended to read:

AB56,952,23 234.41 (2) The authority shall use moneys in the fund for the purpose of purchasing loans representing veterans housing loans pursuant to s. 45.37, 2017 stats. All disbursements of funds under this section for purchasing mortgage loans shall be made payable to authorized lenders as defined in s. 45.31 (3), 2017 stats., and eligible persons as defined in s. 45.31 (5), 2017 stats.

AB56,1866 Section 1866. 234.43 (2) (c) of the statutes is amended to read:

AB56,953,2 234.43 (2) (c) For repayment of advances from the state made through s. 20.485 (3) (b), 2017 stats;

AB56,1867 Section 1867. 238.02 (1) of the statutes is amended to read:

AB56,953,23 238.02 (1) There is created an authority, which is a public body corporate and politic, to be known as the “Wisconsin Economic Development Corporation." The members of the board shall consist of 6 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor; 4 3 members appointed by the speaker of the assembly, consisting of one majority and one minority party representative to the assembly, appointed as are the members of standing committees in the assembly, and one person employed in the private sector, to serve 4-year terms; one member appointed by the minority leader of the assembly to serve a 4-year term; 4 at the speaker's pleasure; and 3 members appointed by the senate majority leader, consisting of one majority and one minority party senator, appointed as are members of standing committees in the senate, and one person employed in the private sector, to serve 4-year terms; and one member appointed by the minority leader of the senate to serve a 4-year term. Neither the speaker of the assembly nor the senate majority leader may appoint more than 2 members of the legislature to the board at the majority leader's pleasure. The secretary of administration and the secretary of revenue shall also serve on the board as nonvoting members. The board shall elect a chairperson from among its nonlegislative voting members. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

AB56,1868 Section 1868 . 238.02 (2) of the statutes is amended to read:

AB56,954,5 238.02 (2) A majority of the appointed voting members of the board currently serving constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the appointed voting members present.

AB56,1869 Section 1869. 238.04 (15) of the statutes is repealed.

AB56,1870 Section 1870. 238.07 (1) of the statutes is amended to read:

AB56,954,11 238.07 (1) Annually, by January October 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report identifying the economic development projects that the board intends to develop and implement during the current calendar fiscal year.

AB56,1871 Section 1871. 238.07 (2) (ag) of the statutes is amended to read:

AB56,954,16 238.07 (2) (ag) An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program if the job meets the criteria for receiving a grant, loan award, or tax credit under the program.

AB56,1872 Section 1872. 238.07 (2) (ar) of the statutes is amended to read:

AB56,954,20 238.07 (2) (ar) An accounting of the industry classification, by municipality, of each job created or retained in the state as a result of the program if the job meets the criteria for receiving a grant, loan award, or tax credit under the program.

AB56,1873 Section 1873. 238.08 of the statutes is renumbered 238.08 (1) and amended to read:

AB56,955,3 238.08 (1) All records of the corporation are open to the public as provided in s. 19.35 (1) except those records relating to pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain confidential to protect the competitive nature of the grant, loan, or project and except records received from the department of revenue pursuant to an agreement under s. 71.78 (5).

AB56,1874 Section 1874. 238.08 (2) of the statutes is created to read: