AB56: Bill Text

AB56,1811 Section 1811 . 196.218 (5) (a) 12. of the statutes is repealed.

AB56,1812 Section 1812. 196.31 (2m) of the statutes is amended to read:

AB56,940,16 196.31 (2m) From the appropriation under s. 20.155 (1) (j), the commission may make grants that, in the aggregate, do not exceed an annual total of $300,000 $500,000 to one or more nonstock, nonprofit corporations that are described under section 501 (c) (3) of the Internal Revenue Code, and that have a history of advocating at the commission on behalf of ratepayers of this state, for the purpose of offsetting the general expenses of the corporations, including salary, benefit, rent, and utility expenses. The commission may impose conditions on grants made under this subsection and may revoke a grant if the commission finds that such a condition is not being met.

AB56,1813 Section 1813. 196.374 (3) (b) 2. of the statutes is amended to read:

AB56,940,25 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues derived from retail sales to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section. Subject to subd. 3., the commission may require each energy utility to spend more than 1.2 percent of its annual operating revenues to fund these programs and costs.

AB56,1814 Section 1814. 196.374 (3) (b) 3. of the statutes is created to read:

AB56,941,15 196.374 (3) (b) 3. The commission shall submit to the joint committee on finance any proposal to require each energy utility to spend more than 1.2 percent of its annual operating revenues to fund the programs specified in subd. 2. If the cochairpersons of the committee do not notify the commission within 10 working days after the commission submits such a proposal that the committee has scheduled a meeting to review the proposal, the commission may require each energy utility to spend the percentage specified in the proposal. If, within 10 working days after the commission submits a proposal, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting to review the proposal, and, within 90 days of providing the notice, the committee either approves or does not object to the proposal, the commission may require each energy utility to spend the percentage specified in the proposal. If, within 90 days after providing the notice, the committee objects to the proposal, the commission may not require each energy utility to spend the percentage specified in the proposal.

AB56,1815 Section 1815 . 196.38 (title) of the statutes is created to read:

AB56,941,17 196.38 (title) Technical assistance to governmental units.

AB56,1816 Section 1816 . 196.38 (3) of the statutes is created to read:

AB56,941,20 196.38 (3) The commission shall consult with the office of sustainability and clean energy in implementing this section.

AB56,1817 Section 1817. 196.491 (3g) (a) of the statutes is amended to read:

AB56,942,4 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

AB56,1818 Section 1818. 196.504 (title) of the statutes is amended to read:

AB56,942,7 196.504 (title) Broadband expansion grant program; Broadband Forward! community certification service .

AB56,1819 Section 1819. 196.504 (1) (b) of the statutes is amended to read:

AB56,942,12 196.504 (1) (b) “Underserved" means served by fewer than 2 broadband service providers an area of this state in which households or businesses lack access to broadband service of at least 25 megabits per second download speed and 3 megabits per second upload speed.

AB56,1820 Section 1820. 196.504 (1) (c) (intro.) of the statutes is renumbered 196.504 (1) (c) and amended to read:

AB56,942,18 196.504 (1) (c) “Unserved area” means an area of this state that is not served by an Internet service provider offering Internet service that is all of the following: in which households or businesses lack access to broadband service of at least 10 megabits per second download speed and one megabit per second upload speed.

AB56,1821 Section 1821. 196.504 (1) (c) 1. and 2. of the statutes are repealed.

AB56,1822 Section 1822. 196.504 (1m) of the statutes is created to read:

AB56,942,24 196.504 (1m) It is the goal of the state to ensure that no later than January 1, 2025, all businesses and homes in this state have access to high-speed broadband that provides minimum download speeds of at least 25 megabits per second and minimum upload speeds of at least 3 megabits per second.

AB56,1823 Section 1823 . 196.504 (2) (a) of the statutes is amended to read:

AB56,943,4 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriations under s. 20.155 (3) (a), (r) , and (rm).

AB56,1824 Section 1824. 215.21 (2) of the statutes is amended to read:

AB56,943,8 215.21 (2) Lending area. Except for loans made under s. 45.37, 2017 stats., the lending area of an association is limited to that area within a radius of 100 miles of the association's office.

AB56,1825 Section 1825 . 224.77 (1) (o) of the statutes is amended to read:

AB56,943,17 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, age, or ancestry, the person's lawful source of income, or the sex, marital status, status as a holder or nonholder of a license under s. 343.03 (3m), or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

AB56,1826 Section 1826. 227.01 (3m) of the statutes is repealed.

AB56,1827 Section 1827. 227.01 (13) (Lw) of the statutes is created to read:

AB56,943,20 227.01 (13) (Lw) Adjusts the minimum wage under s. 104.035 (8m).

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: