SB884-SSA1,18,10 6(2) The committee on senate organization may intervene at any time in the
7action on behalf of the senate. The committee on senate organization may obtain
8legal counsel other than from the department of justice, with the cost of
9representation paid from the appropriation under s. 20.765 (1) (b), to represent the
10senate in any action in which the senate intervenes.
SB884-SSA1,18,16 11(3) The joint committee on legislative organization may intervene at any time
12in the action on behalf of the legislature. The joint committee on legislative
13organization may obtain legal counsel other than from the department of justice,
14with the cost of representation paid from the appropriation under s. 20.765 (1) (a) or
15(b), as determined by the cochairpersons, to represent the legislature in any action
16in which the joint committee on legislative organization intervenes.
SB884-SSA1,7 17Section 7 . 13.56 (2) of the statutes is amended to read:
SB884-SSA1,19,218 13.56 (2) Participation in certain proceedings. The cochairpersons of the joint
19committee for review of administrative rules or their designated agents shall accept
20service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that
21the legislature should be represented in the proceeding, it shall request the joint
22committee on legislative organization to designate the legislature's representative
23for
intervene in the proceeding as provided under s. 806.04 (11). The costs of
24participation in the proceeding shall be paid equally from the appropriations under

1s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice
2shall be paid from the appropriation under s. 20.455 (1) (d).
SB884-SSA1,8 3Section 8 . 13.90 (2) of the statutes is amended to read:
SB884-SSA1,19,144 13.90 (2) The cochairpersons of the joint committee on legislative organization
5or their designated agent shall accept service made under s. ss. 806.04 (11) and
6893.825 (2)
. If the committee, the senate organization committee , or the assembly
7organization committee, determines that the legislature should be represented
8intervene in the proceeding, that committee shall designate the legislature's
9representative for the proceeding.
as provided under s. 803.09 (2m), the assembly
10shall represent the assembly, the senate shall represent the senate, and the joint
11committee on legislative organization shall represent the legislature.
The costs of
12participation in the proceeding shall be paid equally from the appropriations under
13s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice
14shall be paid from the appropriation under s. 20.455 (1) (d).
SB884-SSA1,9 15Section 9 . 13.90 (3) of the statutes is renumbered 13.90 (3) (c) and amended
16to read:
SB884-SSA1,19,2317 13.90 (3) (c) The joint committee on legislative organization shall assign office
18space for legislative offices and the offices of the legislative service agencies as
19defined in sub. (1m)
. The joint committee may assign any space in the capitol not
20reserved for other uses under s. 16.835. Except as provided in ss. 13.09 (6) and 13.45
21(4) (c), the joint committee may locate any legislative office or the office of any
22legislative service agency outside the capitol at another suitable building in the city
23of Madison.
SB884-SSA1,10 24Section 10 . 13.90 (3) (a) and (b) of the statutes are created to read:
SB884-SSA1,20,2
113.90 (3) (a) In this subsection, “legislative service agency” has the meaning
2given in sub. (1m).
SB884-SSA1,20,53 (b) The cochairpersons of the joint committee on legislative organization shall
4lease or acquire office space for legislative offices or legislative service agencies under
5par. (c).
SB884-SSA1,11 6Section 11 . 13.91 (1) (c) of the statutes is amended to read:
SB884-SSA1,20,97 13.91 (1) (c) Perform the functions prescribed in s. 227.15 for the review and
8resolution of problems
ch. 227 relating to administrative rules and guidance
9documents
.
SB884-SSA1,16 10Section 16 . 16.84 (2m) of the statutes is created to read:
SB884-SSA1,20,2311 16.84 (2m) Send notice to the joint committee on legislative organization of any
12proposed changes to security at the capitol, including the posting of a firearm
13restriction under s. 943.13 (1m) (c) 2. or 4. If, within 14 working days after the date
14of the notice, the cochairpersons of the joint committee on legislative organization do
15not notify the department that the committee has scheduled a meeting to review the
16department's proposal, the department may implement the changes as proposed in
17the notice. If, within 14 working days after the date of the department's notice, the
18cochairpersons of the committee notify the department that the committee has
19scheduled a meeting to review the department's proposal, the department may
20implement the proposed changes only upon approval of the committee. If there is a
21risk of imminent danger, the department may take any action related to security at
22the capitol that is necessary to prevent or mitigate the danger and the cochairpersons
23may review the action later if the cochairpersons determine review is necessary.
SB884-SSA1,17 24Section 17 . 16.84 (5) (d) of the statutes is repealed.
SB884-SSA1,18 25Section 18 . 16.973 (15) of the statutes is created to read:
SB884-SSA1,21,5
116.973 (15) By October 1 of each year, submit to the joint committee on finance
2and the legislature under s. 13.172 (2) a report on the administration of the
3information technology and communication services self-funded portal. The report
4shall include the following information regarding the portal for the immediately
5preceding fiscal year:
SB884-SSA1,21,66 (a) A financial statement of state revenues and expenditures.
SB884-SSA1,21,87 (b) A list of services available through the portal, identifying services added
8since the previous reporting period.
SB884-SSA1,21,99 (c) Fees charged for each service available through the portal.
SB884-SSA1,21,1010 (d) The activity level of each service available through the portal.
SB884-SSA1,21,1211 (e) Any other information the department determines to be appropriate to
12include.
SB884-SSA1,19 13Section 19 . 20.455 (1) (gh) of the statutes is amended to read:
SB884-SSA1,21,1814 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
15(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
16292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
17expenses of investigation and prosecution of violations, including attorney fees, and
18for expenses related to s. 165.055 (3)
.
SB884-SSA1,20 19Section 20 . 20.455 (2) (gb) of the statutes is amended to read:
SB884-SSA1,21,2420 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the
21purposes for which gifts and grants are made and received.
All moneys received from
22gifts and grants, other than moneys received for and credited to another
23appropriation account under this subsection, to carry out the purposes for which
24made and received
shall be credited to this appropriation account.
SB884-SSA1,21 25Section 21 . 20.455 (3) (g) of the statutes is amended to read:
SB884-SSA1,22,7
120.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry
2out the purposes for which gifts and grants are made and collected.
All moneys
3received from gifts and grants and all proceeds from services, conferences, and sales
4of publications and promotional materials to carry out the purposes for which made
5or collected
, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505
6(1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300
7annually, shall be credited to this appropriation account.
SB884-SSA1,22 8Section 22 . 35.93 (2) (b) 3. im. of the statutes is created to read:
SB884-SSA1,22,109 35.93 (2) (b) 3. im. Notices of public comment periods on proposed guidance
10documents under s. 227.112 (1) (a).
SB884-SSA1,23 11Section 23 . 45.57 of the statutes is amended to read:
SB884-SSA1,22,16 1245.57 Veterans homes; transfer of funding. The department may transfer
13all or part of the unencumbered balance of any of the appropriations under s. 20.485
14(1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan
15repayment fund. The department shall notify the joint committee on finance in
16writing of any balance transferred under this section.
SB884-SSA1,24 17Section 24 . 165.055 (3) of the statutes is repealed.
SB884-SSA1,26 18Section 26 . 165.08 of the statutes is renumbered 165.08 (1) and amended to
19read:
SB884-SSA1,23,720 165.08 (1) Any civil action prosecuted by the department by direction of any
21officer, department, board, or commission, shall be compromised or discontinued
22when so directed by such officer, department, board or commission. Any
or any civil
23action prosecuted by the department on the initiative of the attorney general, or at
24the request of any individual may be compromised or discontinued with the approval
25of the governor an intervenor under s. 803.09 (2m) or, if there is no intervenor, by

1submission of a proposed plan to the joint committee on finance for the approval of
2the committee. The compromise or discontinuance may occur only if the joint
3committee on finance approves the proposed plan. No proposed plan may be
4submitted to the joint committee on finance if the plan concedes the
5unconstitutionality or other invalidity of a statute, facially or as applied, or concedes
6that a statute violates or is preempted by federal law, without the approval of the
7joint committee on legislative organization
.
SB884-SSA1,23,10 8(2) In any criminal action prosecuted by the attorney general, the department
9shall have the same powers with reference to such action as are vested in district
10attorneys.
SB884-SSA1,27 11Section 27 . 165.10 of the statutes, as created by 2017 Wisconsin Act 59, is
12amended to read:
SB884-SSA1,23,25 13165.10 Limits on expenditure Deposit of discretionary settlement
14funds.
Notwithstanding s. 20.455 (3), before the The attorney general may expend
15shall deposit all settlement funds under s. 20.455 (3) (g) that are not committed
16under the terms of the settlement, the attorney general shall submit to the joint
17committee on finance a proposed plan for the expenditure of the funds. If the
18cochairpersons of the committee do not notify the attorney general within 14 working
19days after the submittal that the committee has scheduled a meeting for the purpose
20of reviewing the proposed plan, the attorney general may expend the funds to
21implement the proposed plan. If, within 14 working days after the submittal, the
22cochairpersons of the committee notify the attorney general that the committee has
23scheduled a meeting for the purpose of reviewing the proposed plan, the attorney
24general may expend the funds only to implement the plan as approved by the
25committee
into the general fund.
SB884-SSA1,28
1Section 28. 165.25 (1) of the statutes is amended to read:
SB884-SSA1,24,102 165.25 (1) Represent state in appeals and on remand. Except as provided in
3ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or
4defend all actions and proceedings, civil or criminal, in the court of appeals and the
5supreme court, in which the state is interested or a party, and attend to and prosecute
6or defend all civil cases sent or remanded to any circuit court in which the state is
7a party. The joint committee on legislative organization may intervene as permitted
8under s. 803.09 (2m) at any time.
Nothing in this subsection deprives or relieves the
9attorney general or the department of justice of any authority or duty under this
10chapter.
SB884-SSA1,29 11Section 29 . 165.25 (1m) of the statutes is amended to read:
SB884-SSA1,24,2112 165.25 (1m) Represent state in other matters. If requested by the governor
13or either house of the legislature, appear for and represent the state, any state
14department, agency, official, employee or agent, whether required to appear as a
15party or witness in any civil or criminal matter, and prosecute or defend in any court
16or before any officer, any cause or matter, civil or criminal, in which the state or the
17people of this state may be interested. The joint committee on legislative
18organization may intervene as permitted under s. 803.09 (2m) at any time.
The
19public service commission may request under s. 196.497 (7) that the attorney general
20intervene in federal proceedings. All expenses of the proceedings shall be paid from
21the appropriation under s. 20.455 (1) (d).
SB884-SSA1,30 22Section 30. 165.25 (6) (a) of the statutes is renumbered 165.25 (6) (a) 1. and
23amended to read:
SB884-SSA1,25,2024 165.25 (6) (a) 1. At the request of the head of any department of state
25government, the attorney general may appear for and defend any state department,

1or any state officer, employee, or agent of the department in any civil action or other
2matter brought before a court or an administrative agency which is brought against
3the state department, or officer, employee, or agent for or on account of any act
4growing out of or committed in the lawful course of an officer's, employee's, or agent's
5duties. Witness fees or other expenses determined by the attorney general to be
6reasonable and necessary to the defense in the action or proceeding shall be paid as
7provided for in s. 885.07. The attorney general may compromise and settle the action
8as the attorney general determines to be in the best interest of the state except that,
9if the action is for injunctive relief or there is a proposed consent decree, the attorney
10general may not compromise or settle the action without the approval of an
11intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting
12a proposed plan to the joint committee on finance. If, within 14 working days after
13the plan is submitted, the cochairpersons of the committee notify the attorney
14general that the committee has scheduled a meeting for the purpose of reviewing the
15proposed plan, the attorney general may compromise or settle the action only with
16the approval of the committee. The attorney general may not submit a proposed plan
17to the joint committee on finance under this subdivision in which the plan concedes
18the unconstitutionality or other invalidity of a statute, facially or as applied, or
19concedes that a statute violates or is preempted by federal law, without the approval
20of the joint committee on legislative organization
.
SB884-SSA1,26,7 212. Members, officers, and employees of the Wisconsin state agencies building
22corporation and the Wisconsin state public building corporation are covered by this
23section. Members of the board of governors created under s. 619.04 (3), members of
24a committee or subcommittee of that board of governors, members of the injured
25patients and families compensation fund peer review council created under s.

1655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are
2covered by this section with respect to actions, claims, or other matters arising
3before, on, or after April 25, 1990. The attorney general may compromise and settle
4claims asserted before such actions or matters formally are brought or may delegate
5such authority to the department of administration. This paragraph may not be
6construed as a consent to sue the state or any department thereof or as a waiver of
7state sovereign immunity.
SB884-SSA1,31 8Section 31 . 227.01 (3m) of the statutes is created to read:
SB884-SSA1,26,129 227.01 (3m) (a) “Guidance document" means, except as provided in par. (b), any
10formal or official document or communication issued by an agency, including a
11manual, handbook, directive, or informational bulletin, that does any of the
12following:
SB884-SSA1,26,1513 1. Explains the agency's implementation of a statute or rule enforced or
14administered by the agency, including the current or proposed operating procedure
15of the agency.
SB884-SSA1,26,1816 2. Provides guidance or advice with respect to how the agency is likely to apply
17a statute or rule enforced or administered by the agency, if that guidance or advice
18is likely to apply to a class of persons similarly affected.
SB884-SSA1,26,1919 (b) “Guidance document" does not include any of the following:
SB884-SSA1,26,2120 1. A rule that has been promulgated and that is currently in effect or a proposed
21rule that is in the process of being promulgated.
SB884-SSA1,26,2522 2. A standard adopted, or a statement of policy or interpretation made, whether
23preliminary or final, in the decision of a contested case, in a private letter ruling
24under s. 73.035, or in an agency decision upon or disposition of a particular matter
25as applied to a specific set of facts.
SB884-SSA1,27,4
13. Any document or activity described in sub. (13) (a) to (zz), except that
2“guidance document" includes a pamphlet or other explanatory material described
3under sub. (13) (r) that otherwise satisfies the definition of “guidance document"
4under par. (a).
SB884-SSA1,27,65 4. Any document that any statute specifically provides is not required to be
6promulgated as a rule.
SB884-SSA1,27,77 5. A declaratory ruling issued under s. 227.41.
SB884-SSA1,27,88 6. A pleading or brief filed in court by the state, an agency, or an agency official.
SB884-SSA1,27,119 7. A letter or written legal advice of the department of justice or a formal or
10informal opinion of the attorney general, including an opinion issued under s.
11165.015 (1).
SB884-SSA1,27,1312 8. Any document or communication for which a procedure for public input,
13other than that provided under s. 227.112 (1), is provided by law.
SB884-SSA1,27,1514 9. Any document or communication that is not subject to the right of inspection
15and copying under s. 19.35 (1).
SB884-SSA1,32 16Section 32 . 227.01 (13) (intro.) of the statutes is amended to read:
SB884-SSA1,27,2417 227.01 (13) (intro.) “Rule" means a regulation, standard, statement of policy,
18or general order of general application which that has the effect force of law and
19which that is issued by an agency to implement, interpret, or make specific
20legislation enforced or administered by the agency or to govern the organization or
21procedure of the agency. “Rule" includes a modification of a rule under s. 227.265.
22“Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an
23agency, whether it would otherwise meet the definition under this subsection, which
24that:
SB884-SSA1,33 25Section 33 . 227.05 of the statutes is created to read:
SB884-SSA1,28,8
1227.05 Agency publications. An agency, other than the Board of Regents of
2the University of Wisconsin System, the Technical College System Board, or the
3department of employee trust funds, shall identify the applicable provision of federal
4law or the applicable state statutory or administrative code provision that supports
5any statement or interpretation of law that the agency makes in any publication,
6whether in print or on the agency's Internet site, including guidance documents,
7forms, pamphlets, or other informational materials, regarding the laws the agency
8administers.
SB884-SSA1,34 9Section 34 . Subchapter II (title) of chapter 227 [precedes 227.10] of the
10statutes is amended to read:
SB884-SSA1,28,1111 Chapter 227
SB884-SSA1,28,1212 Subchapter II
SB884-SSA1,28,1413 ADMINISTRATIVE RULES and
14 GUIDANCE DOCUMENTS
SB884-SSA1,35 15Section 35 . 227.10 (2g) of the statutes is created to read:
SB884-SSA1,28,1716 227.10 (2g) No agency may seek deference in any proceeding based on the
17agency's interpretation of any law.
SB884-SSA1,36 18Section 36 . 227.11 (title) of the statutes is amended to read:
SB884-SSA1,28,20 19227.11 (title) Extent to which chapter confers Agency rule-making
20authority.
SB884-SSA1,37 21Section 37 . 227.11 (3) of the statutes is created to read:
SB884-SSA1,29,222 227.11 (3) (a) A plan that is submitted to the federal government for the
23purpose of complying with a requirement of federal law does not confer rule-making
24authority and cannot be used by an agency as authority to promulgate rules. No
25agency may agree to promulgate a rule as a component of a compliance plan unless

1the agency has explicit statutory authority to promulgate the rule at the time the
2compliance plan is submitted.
SB884-SSA1,29,83 (b) A settlement agreement, consent decree, or court order does not confer
4rule-making authority and cannot be used by an agency as authority to promulgate
5rules. No agency may agree to promulgate a rule as a term in any settlement
6agreement, consent decree, or stipulated order of a court unless the agency has
7explicit statutory authority to promulgate the rule at the time the settlement
8agreement, consent decree, or stipulated order of a court is executed.
SB884-SSA1,38 9Section 38 . 227.112 of the statutes is created to read:
SB884-SSA1,29,15 10227.112 Guidance documents. (1) (a) Before adopting a guidance document,
11an agency shall submit to the legislative reference bureau the proposed guidance
12document with a notice of a public comment period on the proposed guidance
13document under par. (b), in a format approved by the legislative reference bureau,
14for publication in the register. The notice shall specify the place where comments
15should be submitted and the deadline for submitting those comments.
SB884-SSA1,29,2316 (b) The agency shall provide for a period for public comment on a proposed
17guidance document submitted under par. (a), during which any person may submit
18written comments to the agency with respect to the proposed guidance document.
19Except as provided in par. (c), the period for public comment shall end no sooner than
20the 21st day after the date on which the proposed guidance document is published
21in the register under s. 35.93 (2) (b) 3. im. The agency may not adopt the proposed
22guidance document until the comment period has concluded and the agency has
23complied with par. (d).
SB884-SSA1,29,2524 (c) An agency may hold a public comment period shorter than 21 days with the
25approval of the governor.
SB884-SSA1,30,4
1(d) An agency shall retain all written comments submitted during the public
2comment period under par. (b) and shall consider those comments in determining
3whether to adopt the guidance document as originally proposed, modify the proposed
4guidance document, or take any other action.
SB884-SSA1,30,11 5(2) An agency shall post each guidance document that the agency has adopted
6on the agency's Internet site and shall permit continuing public comment on the
7guidance document. The agency shall ensure that each guidance document that the
8agency has adopted remains on the agency's Internet site as provided in this
9subsection until the guidance document is no longer in effect, is no longer valid, or
10is superseded or until the agency otherwise rescinds its adoption of the guidance
11document.
SB884-SSA1,30,18 12(3) A guidance document does not have the force of law and does not provide
13the authority for implementing or enforcing a standard, requirement, or threshold,
14including as a term or condition of any license. An agency that proposes to rely on
15a guidance document to the detriment of a person in any proceeding shall afford the
16person an adequate opportunity to contest the legality or wisdom of a position taken
17in the guidance document. An agency may not use a guidance document to foreclose
18consideration of any issue raised in the guidance document.
SB884-SSA1,30,24 19(4) If an agency proposes to act in any proceeding at variance with a position
20expressed in a guidance document, it shall provide a reasonable explanation for the
21variance. If an affected person in any proceeding may have relied reasonably on the
22agency's position, the explanation must include a reasonable justification for the
23agency's conclusion that the need for the variance outweighs the affected person's
24reliance interest.
SB884-SSA1,31,3
1(5) Persons that qualify under s. 227.12 to petition an agency to promulgate
2a rule may, as provided in s. 227.12, petition an agency to promulgate a rule in place
3of a guidance document.
SB884-SSA1,31,13 4(6) Any guidance document shall be signed by the secretary or head of the
5agency below the following certification: “I have reviewed this guidance document
6or proposed guidance document and I certify that it complies with sections 227.10
7and 227.11 of the Wisconsin Statutes. I further certify that the guidance document
8or proposed guidance document contains no standard, requirement, or threshold
9that is not explicitly required or explicitly permitted by a statute or a rule that has
10been lawfully promulgated. I further certify that the guidance document or proposed
11guidance document contains no standard, requirement, or threshold that is more
12restrictive than a standard, requirement, or threshold contained in the Wisconsin
13Statutes.”
SB884-SSA1,31,18 14(7) (a) This section does not apply to guidance documents adopted before the
15first day of the 7th month beginning after the effective date of this paragraph ....
16[LRB inserts date], but on that date any guidance document that has not been
17adopted in accordance with sub. (1) or that does not contain the certification required
18under sub. (6) shall be considered rescinded.
SB884-SSA1,31,2119 (b) This section does not apply to guidance documents or proposed guidance
20documents of the Board of Regents of the University of Wisconsin System, the
21Technical College System Board, or the department of employee trust funds.
SB884-SSA1,31,24 22(8) The legislative council staff shall provide agencies with assistance in
23determining whether documents and communications are guidance documents that
24are subject to the requirements under this section.
SB884-SSA1,39 25Section 39 . 227.13 of the statutes is amended to read:
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