AB64,1678 7Section 1678 . 165.986 (5) of the statutes is amended to read:
AB64,753,118 165.986 (5) A city may receive a grant under sub. (1) for 3 consecutive years
9without submitting a new application each year. For each year that a city receives
10a grant under sub. (1), the city shall provide matching funds of at least 25 percent
11of the amount of the grant.
AB64,1679 12Section 1679 . 165.986 (6) of the statutes is amended to read:
AB64,753,1613 165.986 (6) The department may make grants under sub. (1) to additional cities
14with a population of 25,000 or more after fiscal year 1994-95. Eligibility for the
15grants under this subsection shall be determined and allocations made as provided
16in this section.
AB64,1680 17Section 1680 . 165.986 (7) of the statutes is created to read:
AB64,754,318 165.986 (7) From the appropriation under s. 20.455 (2) (cf), the department
19shall make grants in amounts determined by the department to cities to reimburse
20overtime costs for uniformed law enforcement officers whose primary duty is beat
21patrolling, except that the department may award no more $400,000 to a city for a
22calendar year. The grants may be used for salary and fringe benefits only. The grants
23may be awarded only to the 10 eligible cities submitting an application for a grant
24that have the highest rates of violent crime index offenses in the most recent full
25calendar year for which data is available under the uniform crime reporting system

1of the federal bureau of investigation. A city may receive a grant for a calendar year
2if the city applies before September 1 of the preceding calendar year and provides the
3department all of the following:
AB64,754,54 (a) The reasons why uniformed law enforcement officers assigned to beat patrol
5duties need to work overtime.
AB64,754,76 (b) The status of the hiring and training of new uniformed law enforcement
7officers who will have beat patrol duties.
AB64,754,88 (c) A proposed plan of expenditure of the grant moneys.
AB64,1681 9Section 1681. 177.24 (2) of the statutes is amended to read:
AB64,754,1910 177.24 (2) The administrator shall consider each claim within 90 days after it
11is filed and may refer any claim to the attorney general for an opinion. For each claim
12referred, the attorney general shall advise the administrator either to allow it or to
13deny it in whole or in part. The administrator shall give written notice to the
14claimant if the claim is denied in whole or in part. The notice shall be given by
15mailing it
sent to the last address, if any, stated in the claim as the address to which
16notices are to be sent. If no address for notices is stated in the claim, the notice shall
17be mailed sent to the last address, if any, stated in the claim as the address of the
18claimant. No notice of denial need be given if the claim fails to state either the last
19address to which notices are to be sent or the address of the claimant.
AB64,1682 20Section 1682. 178.0120 (2) (b) of the statutes is amended to read:
AB64,755,221 178.0120 (2) (b) The department may collect an expedited service fee,
22established by rule, for processing in an expeditious manner a record required or
23permitted to be filed with the department under this chapter, except that the fee to
24expedite processing to within one hour of filing shall be $500 and the fee to expedite
25processing to within 4 hours of filing shall be $250. Notwithstanding s. 178.0110, the

1$500 or $250 expedited processing fee, if applicable, applies to a partnership
2regardless of the date the partnership was formed
.
AB64,1683 3Section 1683. 180.1901 (1m) (ag) of the statutes is repealed.
AB64,1684 4Section 1684 . 180.1901 (1m) (b) of the statutes is amended to read:
AB64,755,65 180.1901 (1m) (b) Medical examining board under subch. II or IV of ch. 448 or
6ch. 449
.
AB64,1685 7Section 1685. 180.1901 (1m) (bg) of the statutes is renumbered 180.1901 (1m)
8(h) and amended to read:
AB64,755,109 180.1901 (1m) (h) Physical Medical therapy examining board under subch. III
10of
ch. 448 464.
AB64,1686 11Section 1686. 180.1901 (1m) (bk) of the statutes is repealed.
AB64,1687 12Section 1687. 180.1901 (1m) (bs) of the statutes is repealed.
AB64,1688 13Section 1688. 180.1901 (1m) (bu) of the statutes is repealed.
AB64,1689 14Section 1689 . 180.1901 (1m) (c) of the statutes is repealed.
AB64,1690 15Section 1690. 182.01 (4) (d) of the statutes is amended to read:
AB64,755,1916 182.01 (4) (d) Processing, in an expeditious manner, a document required or
17permitted to be filed with the department, except that the fee to expedite processing
18to within one hour of filing shall be $500 and the fee to expedite processing to within
194 hours of filing shall be $250
.
AB64,1691 20Section 1691 . 182.028 of the statutes is amended to read:
AB64,756,8 21182.028 School corporations. Any corporation formed for the establishment
22and maintenance of schools, academies, seminaries, colleges or universities or for the
23cultivation and practice of music shall have power to enact bylaws for the protection
24of its property, and provide fines as liquidated damages upon its members and
25patrons for violating the bylaws, and may collect the same in tort actions, and to

1prescribe and regulate the courses of instruction therein, and to confer such degrees
2and grant such diplomas as are usually conferred by similar institutions or as shall
3be appropriate to the courses of instruction prescribed, except that no corporation
4shall operate or advertise a school that is subject to s. 38.50 440.52 (10) without
5complying with the requirements of s. 38.50 440.52. Any stockholder may transfer
6his or her stock to the corporation for its use; and if the written transfer so provides
7the stock shall be perpetually held by the board of directors with all the rights of a
8stockholder, including the right to vote.
AB64,1692 9Section 1692 . 196.218 (3) (a) 3. b. of the statutes is amended to read:
AB64,756,1110 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (1) (q) and (3)
11(q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).
AB64,1693 12Section 1693 . 196.218 (5) (a) 10. of the statutes is amended to read:
AB64,756,1413 196.218 (5) (a) 10. To make broadband expansion grants and carry out the
14commission's duties
under s. 196.504.
AB64,1694 15Section 1694. 196.374 (2) (a) 2. f. of the statutes is created to read:
AB64,756,2016 196.374 (2) (a) 2. f. Incentives for projects for improving energy efficiency at
17elementary, secondary, and postsecondary schools. The commission shall ensure
18that the amount spent annually on incentives under this subd. 2. f. is at least
19$10,000,000 more than the amount spent on such incentives in fiscal year 2016-17
20and that public elementary and secondary schools are given priority in the spending.
AB64,1695 21Section 1695 . 196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ac).
AB64,1696 22Section 1696 . 196.504 (1) (ab) of the statutes is created to read:
AB64,757,223 196.504 (1) (ab) “A-CAM support” means support for the deployment of voice
24and broadband-capable networks from the federal Connect America Fund that is
25made to telecommunications utilities regulated as rate-of-return carriers by the

1federal communications commission and that is based on the federal
2communications commission's Alternative Connect America Cost Model.
AB64,1697 3Section 1697 . 196.504 (1) (ad) of the statutes is created to read:
AB64,757,74 196.504 (1) (ad) “Phase II support” means the federal communications
5commission's 2nd phase of support for rural broadband deployment from the federal
6Connect America Fund that is made to telecommunications utilities regulated as
7price cap carriers by the federal communications commission.
AB64,1698 8Section 1698. 196.504 (2) (a) of the statutes is amended to read:
AB64,757,139 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
10the purpose of constructing broadband infrastructure in underserved areas
11designated under par. (d). Grants awarded under this section shall be paid from the
12appropriation appropriations under s. 20.155 (1) (q) and (3) (r). In each fiscal year,
13the total amount of the grants may not exceed $1,500,000.
AB64,1699 14Section 1699 . 196.504 (2) (e) of the statutes is created to read:
AB64,757,2015 196.504 (2) (e) During fiscal year 2017-18, to allocate a portion of the amount
16appropriated under s. 20.155 (3) (r), in an amount determined by the commission, for
17making broadband expansion grants under this section to telecommunications
18utilities receiving A-CAM or phase II support. Notwithstanding the priorities
19specified in par. (c), the commission may evaluate applications and award broadband
20expansion grants under this paragraph on an expedited basis.
AB64,1700 21Section 1700. 196.857 of the statutes is repealed.
AB64,1701 22Section 1701. 196.858 (1) of the statutes is amended to read:
AB64,757,2523 196.858 (1) The commission shall annually assess against local exchange and
24interexchange telecommunications utilities the total, not to exceed $5,000,000, of the
25amounts appropriated under s. 20.505 (1) (ir) 20.155 (1) (i).
AB64,1702
1Section 1702. 196.858 (2) of the statutes is amended to read:
AB64,758,122 196.858 (2) The commission shall assess a sum equal to the annual total
3amount under sub. (1) to local exchange and interexchange telecommunications
4utilities in proportion to their gross operating revenues during the last calendar year.
5If total expenditures for telephone telecommunications relay service exceeded the
6payment made under this section in the prior year, the commission shall charge the
7remainder to assessed telecommunications utilities in proportion to their gross
8operating revenues during the last calendar year. A telecommunications utility shall
9pay the assessment within 30 days after the bill has been mailed to the assessed
10telecommunication utility. The bill constitutes notice of the assessment and demand
11of payment. Payments shall be credited to the appropriation account under s. 20.505
12(1) (ir)
20.155 (1) (i).
AB64,1703 13Section 1703. 202.051 (3) (c) of the statutes is amended to read:
AB64,758,1514 202.051 (3) (c) Pays the charge for an unpaid draft established by the
15depository selection board
under s. 20.905 (2).
AB64,1704 16Section 1704. 224.48 (1) (am) of the statutes is created to read:
AB64,758,1717 224.48 (1) (am) “Department” means the department of financial institutions.
AB64,1705 18Section 1705. 224.50 (1) (c) of the statutes is created to read:
AB64,758,1919 224.50 (1) (c) “Department” means the department of financial institutions.
AB64,1706 20Section 1706. 224.51 (1g) of the statutes is created to read:
AB64,758,2221 224.51 (1g) In this section, “department” means the department of financial
22institutions.
AB64,1707 23Section 1707 . 227.01 (3m) of the statutes is created to read:
AB64,759,224 227.01 (3m) (a) “Guidance document" means, except as provided in par. (b), any
25formal or official document or communication issued by an agency, including a

1manual, handbook, directive, or informational bulletin, that does any of the
2following:
AB64,759,53 1. Explains the agency's implementation of a statute or rule enforced or
4administered by the agency, including the current or proposed operating procedure
5of the agency.
AB64,759,86 2. Provides guidance or advice with respect to how the agency is likely to apply
7a statute or rule enforced or administered by the agency, if that guidance or advice
8is likely to apply to a class of persons similarly affected.
AB64,759,99 (b) “Guidance document" does not include any of the following:
AB64,759,1110 1. A rule or any document or communication that imposes any binding or
11enforceable legal requirement.
AB64,759,1512 2. A standard adopted, or a statement of policy or interpretation made, whether
13preliminary or final, in the decision of a contested case, in a private letter ruling
14under s. 73.035, or in an agency decision upon or disposition of a particular matter
15as applied to a specific set of facts.
AB64,759,1916 3. Any document or activity described in sub. (13) (a) to (zz), except that
17“guidance document" includes a pamphlet or other explanatory material described
18under sub. (13) (r) that otherwise satisfies the definition of “guidance document"
19under par. (a).
AB64,759,2120 4. Any document that any statute specifically provides is not required to be
21promulgated as a rule.
AB64,759,2222 5. A declaratory ruling issued under s. 227.41.
AB64,759,2423 6. A formal or informal opinion of the attorney general, including an opinion
24issued under s. 165.015 (1).
AB64,760,2
17. A formal or informal advisory opinion issued by the elections commission
2under s. 5.05 (6a) or by the ethics commission under s. 19.46 (2).
AB64,760,43 8. Any document or communication for which a procedure for public input,
4other than that provided under s. 227.112 (1), is provided by law.
AB64,760,65 9. Any document or communication that is not subject to the right of inspection
6and copying under s. 19.35 (1).
AB64,1708 7Section 1708 . 227.01 (13) (intro.) of the statutes is amended to read:
AB64,760,158 227.01 (13) (intro.) “Rule" means a regulation, standard, statement of policy,
9or general order of general application which that has the effect force of law and
10which that is issued by an agency to implement, interpret, or make specific
11legislation enforced or administered by the agency or to govern the organization or
12procedure of the agency. “Rule" includes a modification of a rule under s. 227.265.
13“Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an
14agency, whether it would otherwise meet the definition under this subsection, which
15that:
AB64,1709 16Section 1709. 227.01 (13) (Lr) of the statutes is amended to read:
AB64,760,1817 227.01 (13) (Lr) Determines what constitutes high-demand fields for purposes
18of s. 38.28 (2) (be) 1. b. (2m) (b) 2.
AB64,1710 19Section 1710 . Subchapter II (title) of chapter 227 [precedes 227.10] of the
20statutes is amended to read:
AB64,760,2121 Chapter 227
AB64,760,2222 Subchapter II
AB64,760,2423 ADMINISTRATIVE RULES and
24 GUIDANCE DOCUMENTS
AB64,1711 25Section 1711 . 227.111 of the statutes is created to read:
AB64,761,5
1227.111 Rule-making authority of certain agencies. (1) In this section,
2“restricted agency” means an affiliated credentialing board, as defined in s. 15.01
3(1g), a board, as defined in s. 15.01 (1r), a commission, as defined in s. 15.01 (2), or
4an examining board, as defined in s. 15.01 (7), that has not taken any action under
5this subchapter with respect to the promulgation of a rule in 10 years or more.
AB64,761,9 6(2) Notwithstanding ss. 227.10 and 227.11 and any other provision authorizing
7or requiring a restricted agency to promulgate rules, a restricted agency may not
8take any action with respect to the promulgation of a rule unless a subsequent law
9specifically authorizes such action.
AB64,1712 10Section 1712 . 227.112 of the statutes is created to read:
AB64,761,19 11227.112 Guidance documents. (1) (a) Except as provided in par. (c), no less
12than 21 days before adopting a guidance document, an agency shall post the proposed
13guidance document on the agency's Internet site and, on the same date, submit a
14notice of the public comment period on the proposed guidance document under par.
15(b), including a copy of the proposed guidance document and the Web address of the
16agency's Internet site at which comments may be submitted, to the legislative
17reference bureau, in a format approved by the legislative reference bureau, for
18publication in the register. The notice need not be published in the register on the
19same day the agency posts the proposed guidance document on its Internet site.
AB64,761,2520 (b) The agency shall provide for a period for public comment on a proposed
21guidance document posted under par. (a), during which any person may submit
22written comments to the agency with respect to the proposed guidance document.
23Except as provided in par. (c), the period for public comment shall end no sooner than
24the 21st day after the date on which the proposed guidance document is posted on
25the agency's Internet site.
AB64,762,3
1(c) An agency may post a proposed guidance document less than 21 days before
2adopting the proposed guidance document and with a public comment period shorter
3than 21 days with the approval of the governor.
AB64,762,74 (d) An agency shall retain all written comments submitted during the public
5comment period under par. (b) and shall consider those comments in determining
6whether to adopt the guidance document as originally proposed, modify the proposed
7guidance document, or take any other action.
AB64,762,98 (e) This subsection does not apply to guidance documents adopted before the
9effective date of this paragraph .... [LRB inserts date].
AB64,762,16 10(2) An agency shall post each guidance document that the agency has adopted
11on the agency's Internet site and shall permit continuing public comment on the
12guidance document. The agency shall ensure that each guidance document that the
13agency has adopted remains on the agency's Internet site as provided in this
14subsection until the guidance document is no longer in effect, is no longer valid, or
15is superseded or until the agency otherwise rescinds its adoption of the guidance
16document.
AB64,763,2 17(3) A guidance document does not have the force of law and does not provide
18the authority for implementing or enforcing a standard, requirement, or threshold,
19including as a term or condition of any license. A guidance document that imposes
20a regulatory obligation or consequence is invalid, and the regulatory obligation or
21consequence may not be administered or enforced unless the agency promulgates it
22as a rule. An agency that proposes to rely on a guidance document to the detriment
23of a person in any administrative proceeding shall afford the person an adequate
24opportunity to contest the legality or wisdom of a position taken in the guidance

1document. An agency may not use a guidance document to foreclose consideration
2of any issue raised in the guidance document.
AB64,763,8 3(4) If an agency proposes to act in an administrative proceeding at variance
4with a position expressed in a guidance document, it shall provide a reasonable
5explanation for the variance. If an affected person in an administrative proceeding
6may have relied reasonably on the agency's position, the explanation must include
7a reasonable justification for the agency's conclusion that the need for the variance
8outweighs the affected person's reliance interest.
AB64,763,11 9(5) Persons that qualify under s. 227.12 to petition an agency to promulgate
10a rule may, as provided in s. 227.12, petition an agency to promulgate a rule in place
11of a guidance document.
Loading...
Loading...