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.
AB64,1713 12Section 1713. 227.12 (4) of the statutes is amended to read:
AB64,764,813 227.12 (4) If a petition to the department of revenue establishes that the
14department has established a standard by which it is construing a state tax statute,
15but has not promulgated a rule to adopt the standard or published the standard in
16a manner that is available to the public, the department shall, as provided under s.
17227.135, submit a statement of the scope of the proposed rule to the governor no later
18than 90 days after receiving the petition. No later than 270 days after the statement
19is approved by the governor, the department shall submit the proposed rule in final
20draft form to the governor for the governor's approval, as provided under s. 227.185
21(1). At the department's request, the governor may, at any time prior to the
22expiration of any deadline specified in this subsection, extend the time for submitting
23the statement or proposed rule in draft form for any period not to exceed 60 days.
24The governor may grant more than one extension under this subsection, but the total
25period for all such extensions may not exceed 120 days. The rule need not adhere to

1the standard established by the department, but shall address the same
2circumstances as the standard addresses. If the department fails to comply with this
3subsection, any of the petitioners may commence an action in circuit court to compel
4the department's compliance. If an action is commenced under this subsection, the
5court may compel the department to provide information to the court related to the
6degree to which the department is enforcing the standard, except that the
7information provided by the department shall not disclose the identity of any person
8who is not a party to the action.
AB64,1714 9Section 1714 . 227.132 of the statutes is created to read:
AB64,764,11 10227.132 Duties of department of administration. The department of
11administration shall do all of the following:
AB64,764,14 12(1) Provide training to agencies on appropriate data collection and methods of
13analysis for purposes of preparing economic impact analyses of proposed rules under
14s. 227.137 (3).
AB64,764,19 15(2) Attend hearings of the joint committee for review of administrative rules
16and present testimony on proposed rules that the department determines will have
17an economic impact on specific businesses, business sectors, public utility
18ratepayers, local governmental units, regulated individuals and entities, or the
19state's economy as a whole.
AB64,764,21 20(3) Review and approve economic impact analyses as provided under s. 227.137
21(3m).
AB64,764,23 22(4) Request independent economic impact analyses under s. 227.137 (4m)
23when appropriate.
AB64,1715 24Section 1715 . 227.135 (1) (intro.) of the statutes is amended to read:
AB64,765,4
1227.135 (1) (intro.) An agency shall prepare a statement of the scope of any rule
2that it plans to promulgate, which shall be approved by the individual or body with
3policy-making powers over the subject matter of the proposed rule
. The statement
4shall include all of the following:
AB64,1716 5Section 1716 . 227.135 (2) of the statutes is amended to read:
AB64,765,206 227.135 (2) An agency that has prepared a statement of the scope of the
7proposed rule shall present the statement to the governor and to the individual or
8body with policy-making powers over the subject matter of the proposed rule for
9approval
who, in his or her discretion, may approve or reject the statement of scope.
10The agency may not send the statement to the legislative reference bureau for
11publication under sub. (3) until the governor issues a written notice of approval of
12the statement. The individual or body with policy-making powers may not approve
13the statement until at least 10 days after publication of the statement under sub. (3).
14No state employee or official may perform any activity in connection with the
15drafting of a proposed rule, except for an activity necessary to prepare the statement
16of the scope of the proposed rule, until the governor and the individual or body with
17policy-making powers over the subject matter of the proposed rule approve
approves
18the statement. This subsection does not prohibit an agency from performing an
19activity necessary to prepare a petition and proposed rule for submission under s.
20227.26 (4)
.
AB64,1717 21Section 1717. 227.135 (3) of the statutes is amended to read:
AB64,766,922 227.135 (3) If the governor approves a statement of the scope of a proposed rule
23under sub. (2), the agency shall send an electronic copy of the statement to the
24legislative reference bureau, in a format approved by the legislative reference
25bureau, for publication in the register. On the same day that the agency sends the

1statement to the legislative reference bureau, the agency shall send a copy of the
2statement to the secretary of administration and to the chief clerks of each house of
3the legislature, who shall distribute the statement to the cochairpersons of the joint
4committee for review of administrative rules
. The agency shall include with any
5statement of scope sent to the legislative reference bureau the date of the governor's
6approval of the statement of scope. The legislative reference bureau shall assign a
7discrete identifying number to each statement of scope and shall include that
8number and the date of the governor's approval in the publication of the statement
9of scope in the register.
AB64,1718 10Section 1718. 227.136 of the statutes is created to read:
AB64,766,16 11227.136 Preliminary public hearing and comment period. (1) Within
1210 days after publication of a statement of the scope of a proposed rule under s.
13227.135 (3), either cochairperson of the joint committee for the review of
14administrative rules may submit a written directive to the agency that prepared the
15statement for the agency to hold a preliminary public hearing and comment period
16on the statement of scope as provided in this section.
AB64,767,3 17(2) If the agency is directed to hold a preliminary public hearing and comment
18period on a statement of scope as provided in sub. (1) or if the agency otherwise opts
19to do so on its own initiative, the agency shall take no further action with respect to
20any permanent rule based upon that statement of scope until otherwise permitted
21under sub. (6) and shall submit to the legislative reference bureau, in a format
22approved by the legislative reference bureau, a notice of a preliminary public hearing
23and comment period to allow for public comment and feedback on the statement of
24scope. The agency may also take any other action it considers necessary to provide
25notice of the preliminary public hearing and comment period to other interested

1persons. The notice shall be approved by the individual or body with policy-making
2powers over the subject matter of the proposed rule and shall include all of the
3following:
AB64,767,44 (a) A statement of the date, time, and place of the preliminary public hearing.
AB64,767,65 (b) The place where comments on the statement of scope should be submitted
6and the deadline for submitting those comments.
AB64,767,9 7(3) The agency shall hold the preliminary public hearing and comment period
8in accordance with the notice required under sub. (2), but may not hold the hearing
9sooner than the 3rd day after publication of the notice in the register.
AB64,767,11 10(4) The agency shall conduct a hearing under this section in accordance with
11s. 227.18.
AB64,767,15 12(5) The agency shall report all public comments and feedback on the statement
13of scope of the proposed rule that the agency receives at the preliminary public
14hearing and comment period to the individual or body with policy-making powers
15over the subject matter of the proposed rule.
AB64,767,17 16(6) The agency may resume work on a permanent rule upon the conclusion of
17a preliminary hearing and comment period held under this section.
AB64,767,20 18(7) Failure of any person to receive notice of a preliminary public hearing as
19provided in this section is not grounds for invalidating any resulting rule if notice of
20the hearing was published in the register in accordance with s. 35.93 (2) (b) 3. bm.
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