AB68: Bill Text

AB68,85 Section 85. 15.67 of the statutes is renumbered 15.105 (35s), and 15.105 (35s) (title), (a) (intro.) and (b), as renumbered, are amended to read:

AB68,237,3 15.105 (35s) (title) Higher educational aids board; creation. (a) (intro.) There is created a higher educational aids board consisting , attached to the department of administration under s. 15.03. The board shall consist of the state superintendent of public instruction and the following members appointed for 3-year terms, except that the members specified under pars. (a) 5. subds. 1. e. and 6. f. and (b) 3. 2. c. shall be appointed for 2-year terms:

AB68,237,7 (b) If a student member under sub. (1) par. (a) loses the status upon which the appointment was based, he or she shall cease to be a member of the higher educational aids board upon appointment to the higher educational aids board of a qualified successor.

AB68,86 Section 86. 15.675 (title) of the statutes is repealed.

AB68,87 Section 87. 15.675 (1) of the statutes is renumbered 15.105 (36), and 15.105 (36) (intro.), as renumbered, is amended to read:

AB68,237,14 15.105 (36) Distance learning authorization board. (intro.) There is created a distance learning authorization board, for higher education, that is attached to the higher educational aids board department of administration under s. 15.03 and that consists of all of the following members:

AB68,88 Section 88. 15.735 of the statutes is created to read:

AB68,237,18 15.735 Same; attached board. (1) There is created a prescription drug affordability review board attached to the office of the commissioner of insurance under s. 15.03. The board shall consist of the following members:

AB68,237,19 (a) The commissioner of insurance or his or her designee.

AB68,237,23 (b) Two members appointed for 4-year terms who represent the pharmaceutical drug industry, including pharmaceutical drug manufacturers and wholesalers. At least one of the members appointed under this paragraph shall be a licensed pharmacist.

AB68,237,25 (c) Two members appointed for 4-year terms who represent the health insurance industry, including insurers and pharmacy benefit managers.

AB68,238,3 (d) Two members appointed for 4-year terms who represent the health care industry, including hospitals, physicians, pharmacies, and pharmacists. At least one of the members appointed under this paragraph shall be a licensed practitioner.

AB68,238,5 (e) Two members appointed for 4-year terms who represent the interests of the public.

AB68,238,8 (2) A member appointed under sub. (1) may not be an employee of, a board member of, or a consultant to a drug manufacturer or trade association for drug manufacturers.

AB68,238,13 (3) Any conflict of interest, including any financial or personal association, that has the potential to bias or has the appearance of biasing an individual's decision in matters related to the board or the conduct of the board's activities shall be considered and disclosed when appointing that individual to the board under sub. (1).

AB68,89 Section 89 . 15.76 (1m) of the statutes is created to read:

AB68,238,15 15.76 (1m) The secretary of employee trust funds, or the secretary's designee.

AB68,90 Section 90 . 15.76 (3) of the statutes is amended to read:

AB68,238,21 15.76 (3) Two participants One participant in the Wisconsin retirement system appointed for a 6-year terms, one of whom shall be a teacher participant appointed by the teacher retirement board and one of whom shall be a participant other than a teacher appointed term by the Wisconsin retirement board employee trust funds board.

AB68,91 Section 91. 16.004 (19) of the statutes is created to read:

AB68,238,25 16.004 (19) Administrative services. The department shall perform budgeting, program coordination, and related management functions on behalf of the department of tourism.

AB68,92 Section 92. 16.004 (25) of the statutes is created to read:

AB68,239,7 16.004 (25) Procurement and risk management educational services. The department may provide educational services regarding procurement and risk management, including seminars, courses, or conferences, to local governmental units, as defined in s. 16.97 (7), and private organizations. The department shall charge and collect fees sufficient to recover the costs of activities authorized under this subsection.

AB68,93 Section 93. 16.004 (26) of the statutes is created to read:

AB68,239,11 16.004 (26) Tribal relations. The secretary shall appoint a director of Native American affairs to manage relations between the state and American Indian tribes or bands in the state.

AB68,94 Section 94 . 16.035 of the statutes is created to read:

AB68,239,14 16.035 Office of environmental justice. The office of environmental justice shall do all of the following:

AB68,239,15 (1) Develop a statewide climate risk assessment and resiliency plan.

AB68,239,18 (2) Assist state agencies, local governments, and federally recognized tribal governing bodies in this state with the development of climate risk assessment and resiliency plans.

AB68,239,20 (3) Administer a climate risk assessment and resiliency plan technical assistance grant program.

AB68,239,22 (4) Collaborate with state agencies and entities that serve vulnerable communities to address the impact of climate change on vulnerable communities.

AB68,239,24 (5) Assess state agencies a fee for the development of climate risk assessment and resiliency plans.

AB68,240,5 (6) Analyze grant opportunities, enforcement of environmental laws and regulations, and based on those analyses and input from residents of this state, advise and provide guidance to state entities on environmental justice and related community issues to address environmental issues and concerns that affect primarily low income and minority communities.

AB68,240,9 (7) Based on the analysis required under sub. (6), create an annual report on issues, concerns, and problems related to environmental justice, including addressing areas of this state in need of environmental justice issues that require immediate attention.

AB68,95 Section 95. 16.047 (4m) (b) of the statutes is amended to read:

AB68,240,15 16.047 (4m) (b) The department shall establish a program to award grants of settlement funds from the appropriation under s. 20.855 (4) (h) to eligible applicants for the replacement of public transit vehicles or the installation of charging stations for vehicles with an electric motor. Any eligible applicant may apply for a grant under the program.

AB68,96 Section 96. 16.047 (4m) (c) of the statutes is amended to read:

AB68,240,21 16.047 (4m) (c) The department shall award grants under this subsection on a competitive basis and shall give preference to the replacement of public transit vehicles or the installation of charging stations for vehicles with an electric motor in communities or on routes that the department determines are critical for the purpose of connecting employees with employers.

AB68,97 Section 97. 16.047 (4m) (d) of the statutes is amended to read:

AB68,241,2 16.047 (4m) (d) An eligible applicant may use settlement funds awarded under this subsection only for the payment of costs incurred by the eligible applicant to replace public transit vehicles or install charging stations for vehicles with an electric motor in accordance with the settlement guidelines.

AB68,98 Section 98. 16.047 (4s) of the statutes is repealed.

AB68,99 Section 99. 16.07 of the statutes is created to read:

AB68,241,11 16.07 Grants to American Indian tribes or bands. From the appropriation under s. 20.505 (1) (kk), the department shall award grants to American Indian tribes or bands in this state. No tribe or band may be awarded grant moneys under this section that exceed the amount awarded to any other tribe or band. Each tribe or band may use grant moneys as it deems necessary to support programs to meet the needs of members of the tribe or band. No grant moneys may be used to pay gaming-related expenses.

AB68,100 Section 100. 16.09 of the statutes is created to read:

AB68,241,14 16.09 Equal opportunity internship program. (1) Definitions. In this section:

AB68,241,15 (a) “Division” means the division of personnel management.

AB68,241,17 (b) “Low-income household” means a household having an income that does not exceed 300 percent of the federal poverty line based on family size.

AB68,241,19 (c) “State agency” means any office, department, or independent agency in the executive branch of state government.

AB68,241,23 (2) Program. The division shall establish a program under which it places up to 16 interns annually with state agencies and members of the legislature, upon written request of the agency or member and upon approval of the request by the division, subject to all of the following requirements:

AB68,242,2 (a) Each intern shall be paid a stipend of at least $15 per hour for services provided to the state agency or member of the legislature. The stipend may be paid for up to 20 hours of work per week. The stipend shall be paid from the appropriation under s. 20.505 (1) (kz).

AB68,242,5 (b) The stipend an intern receives under par. (b) shall be disregarded in establishing household income for purposes of obtaining public benefits under any state program.

AB68,101 Section 101. 16.19 of the statutes is created to read:

AB68,242,13 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

AB68,102 Section 102. 16.281 of the statutes is created to read:

AB68,242,17 16.281 Equity grant program. The department shall develop and administer a program to provide grants to public, private, and nonprofit entities in this state that promote diversity and advance equity and inclusion.

AB68,103 Section 103 . 16.282 of the statutes is created to read:

AB68,242,21 16.282 Equity grants. The department shall develop and administer a grants program to provide grants to public, private, and nonprofit entities in this state that promote diversity and advance equity and inclusion.

AB68,104 Section 104. 16.283 (2) of the statutes is amended to read:

AB68,242,25 16.283 (2) Disabled veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses , financial advisers, and investment firms certified under this section.

AB68,105 Section 105. 16.283 (3) (b) 1m. a. of the statutes is amended to read:

AB68,243,6 16.283 (3) (b) 1m. a. One or more disabled veterans owns not less than at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more disabled veterans owns not less than at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB68,106 Section 106. 16.283 (3) (c) of the statutes is repealed.

AB68,107 Section 107. 16.285 (1) (bm) of the statutes is repealed.

AB68,108 Section 108. 16.287 (2) (dm) of the statutes is repealed.

AB68,109 Section 109. 16.288 of the statutes is created to read:

AB68,243,13 16.288 Lesbian, gay, bisexual, or transgender-owned businesses. (1) Definitions. (a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB68,243,14 (b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).

AB68,243,16 (c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB68,243,19 (d) “Investment firm" means a business that serves as a manager, comanager, or in any other underwriting capacity with regard to the sale of evidences of indebtedness or other obligations or as a broker-dealer, as defined in s. 551.102 (4).

AB68,243,21 (e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.

AB68,243,24 (2) Lesbian, gay, bisexual, or transgender-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.

AB68,244,3 (3) Lesbian, gay, bisexual, or transgender-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.

AB68,244,7 (b) 1. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:

AB68,244,12 a. One or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB68,244,16 b. One or more lesbian, gay, bisexual, or transgender individuals or one or more duly authorized representatives of one or more lesbian, gay, bisexual, or transgender individuals control the management and daily business operations of the business, financial adviser, or investment firm.

AB68,244,18 c. The business, financial adviser, or investment firm has its principal place of business in this state.

AB68,244,22 d. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.

AB68,245,7 2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as a lesbian, gay, bisexual, or transgender-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying lesbian, gay, bisexual, or transgender-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1.

AB68,245,15 (c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB68,245,20 (d) 1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.

AB68,245,25 2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB68,246,5 3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB68,246,8 (e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.

AB68,246,11 2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.

AB68,246,16 3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm.

AB68,246,25 4. A business, financial adviser, or investment firm decertified under subd. 3. may, within 30 days after the secretary's decision, request a contested case hearing under s. 227.42 from the department. If the final administrative or judicial proceeding results in a determination that the business, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the department of transportation with a copy of the final written decision regarding certification under this paragraph.

AB68,247,2 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB68,110 Section 110. 16.289 of the statutes is created to read: