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:
SB884-SSA1,32,8
1227.13 Advisory committees and informal consultations. An agency may
2use informal conferences and consultations to obtain the viewpoint and advice of
3interested persons with respect to contemplated rule making. An agency also may
4also appoint a committee of experts, interested persons or representatives of the
5public to advise it with respect to any contemplated rule making. The Such a
6committee shall have advisory powers only. Whenever an agency appoints a
7committee under this section, the agency shall submit a list of the members of the
8committee to the joint committee for review of administrative rules.
SB884-SSA1,64 9Section 64 . 227.26 (2) (im) of the statutes is created to read:
SB884-SSA1,32,1210 227.26 (2) (im) Multiple suspensions. Notwithstanding pars. (i) and (j), the
11committee may act to suspend a rule as provided under this subsection multiple
12times.
SB884-SSA1,65 13Section 65 . 227.40 (1) of the statutes is amended to read:
SB884-SSA1,33,514 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review
15of the validity of a rule or guidance document shall be an action for declaratory
16judgment as to the validity of the rule or guidance document brought in the circuit
17court for the county where the party asserting the invalidity of the rule or guidance
18document
resides or has its principal place of business or, if that party is a
19nonresident or does not have its principal place of business in this state, in the circuit
20court for the county where the dispute arose. The officer or other agency whose rule
21or guidance document is involved shall be the party defendant. The summons in the
22action shall be served as provided in s. 801.11 (3) and by delivering a copy to that
23officer or, if the agency is composed of more than one person, to the secretary or clerk
24of the agency or to any member of the agency. The court shall render a declaratory
25judgment in the action only when it appears from the complaint and the supporting

1evidence that the rule or guidance document or its threatened application interferes
2with or impairs, or threatens to interfere with or impair, the legal rights and
3privileges of the plaintiff. A declaratory judgment may be rendered whether or not
4the plaintiff has first requested the agency to pass upon the validity of the rule or
5guidance document
in question.
SB884-SSA1,66 6Section 66 . 227.40 (2) (intro.) of the statutes is amended to read:
SB884-SSA1,33,87 227.40 (2) (intro.) The validity of a rule or guidance document may be
8determined in any of the following judicial proceedings when material therein:
SB884-SSA1,67 9Section 67 . 227.40 (2) (e) of the statutes is amended to read:
SB884-SSA1,33,1410 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.50,
11106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for
12review of decisions and orders of administrative agencies if the validity of the rule
13or guidance document involved was duly challenged in the proceeding before the
14agency in which the order or decision sought to be reviewed was made or entered.
SB884-SSA1,68 15Section 68 . 227.40 (3) (intro.) of the statutes is renumbered 227.40 (3) (ag) and
16amended to read:
SB884-SSA1,34,217 227.40 (3) (ag) In any judicial proceeding other than one set out above under
18sub. (1) or (2)
, in which the invalidity of a rule or guidance document is material to
19the cause of action or any defense thereto, the assertion of such that invalidity shall
20be set forth in the pleading of the party so maintaining the invalidity of such the rule
21or guidance document in that proceeding. The party so asserting the invalidity of
22such the rule or guidance document shall, within 30 days after the service of the
23pleading in which the party sets forth such the invalidity, apply to the court in which
24such the proceedings are had for an order suspending the trial of said the proceeding

1until after a determination of the validity of said the rule or guidance document in
2an action for declaratory judgment under sub. (1) hereof.
SB884-SSA1,69 3Section 69 . 227.40 (3) (a) of the statutes is renumbered 227.40 (3) (ar) and
4amended to read:
SB884-SSA1,34,115 227.40 (3) (ar) Upon the hearing of such the application, if the court is satisfied
6that the validity of such the rule or guidance document is material to the issues of
7the case, an order shall be entered staying the trial of said proceeding until the
8rendition of a final declaratory judgment in proceedings to be instituted forthwith
9by the party asserting the invalidity of such the rule or guidance document. If the
10court shall find finds that the asserted invalidity of a the rule or guidance document
11is not material to the case, an order shall be entered denying the application for stay.
SB884-SSA1,70 12Section 70 . 227.40 (3) (b) and (c) of the statutes are amended to read:
SB884-SSA1,34,1913 227.40 (3) (b) Upon the entry of a final order in said the declaratory judgment
14action, it shall be the duty of the party who asserts the invalidity of the rule or
15guidance document
to formally advise the court of the outcome of the declaratory
16judgment action so brought as ordered by the court. After the final disposition of the
17declaratory judgment action the court shall be bound by and apply the judgment so
18entered in the trial of the proceeding in which the invalidity of the rule or guidance
19document
is asserted.
SB884-SSA1,34,2420 (c) Failure to set forth the invalidity of a rule or guidance document in a
21pleading or to commence a declaratory judgment proceeding within a reasonable
22time pursuant to such the order of the court or to prosecute such the declaratory
23judgment action without undue delay shall preclude such the party from asserting
24or maintaining such that the rule or guidance document is invalid.
SB884-SSA1,71 25Section 71 . 227.40 (4) (a) of the statutes is amended to read:
SB884-SSA1,35,5
1227.40 (4) (a) In any proceeding pursuant to this section for judicial review of
2a rule or guidance document, the court shall declare the rule or guidance document
3invalid if it finds that it violates constitutional provisions or exceeds the statutory
4authority of the agency or was promulgated or adopted without compliance with
5statutory rule-making or adoption procedures.
SB884-SSA1,72 6Section 72 . 227.40 (6) of the statutes is amended to read:
SB884-SSA1,35,137 227.40 (6) Upon entry of a final order in a declaratory judgment action under
8sub. (1) with respect to a rule, the court shall send an electronic notice to the
9legislative reference bureau of the court's determination as to the validity or
10invalidity of the rule, in a format approved by the legislative reference bureau, and
11the legislative reference bureau shall publish a notice of that determination in the
12Wisconsin administrative register under s. 35.93 (2) and insert an annotation of that
13determination in the Wisconsin administrative code under s. 13.92 (4) (a).
SB884-SSA1,80 14Section 80 . 227.57 (11) of the statutes is amended to read:
SB884-SSA1,35,1815 227.57 (11) Upon review of an agency action or decision affecting a property
16owner's use of the property owner's property
, the court shall accord no deference to
17the agency's interpretation of law if the agency action or decision restricts the
18property owner's free use of the property owner's property
.
SB884-SSA1,81 19Section 81 . 230.08 (2) (sb) of the statutes is repealed.
SB884-SSA1,82m 20Section 82m. 238.02 (1) of the statutes is amended to read:
SB884-SSA1,36,1521 238.02 (1) There is created an authority, which is a public body corporate and
22politic, to be known as the “Wisconsin Economic Development Corporation." The
23members of the board shall consist of 6 members nominated by the governor, and
24with the advice and consent of the senate appointed, to serve at the pleasure of the
25governor; 3 4 members appointed by the speaker of the assembly, consisting of one

1majority and one minority party representative to the assembly, appointed as are the
2members of standing committees in the assembly, and one person employed in the
3private sector,
to serve at the speaker's pleasure; and 3 4-year terms; one member
4appointed by the minority leader of the assembly to serve a 4-year term; 4
members
5appointed by the senate majority leader, consisting of one majority and one minority
6party senator, appointed as are members of standing committees in the senate, and
7one person employed in the private sector,
to serve at the majority leader's pleasure
84-year terms; and one member appointed by the minority leader of the senate to
9serve a 4-year term. Neither the speaker of the assembly nor the senate majority
10leader may appoint more than 2 members of the legislature to the board
. The
11secretary of administration and the secretary of revenue shall also serve on the board
12as nonvoting members. The board shall elect a chairperson from among its
13nonlegislative voting members. A vacancy on the board shall be filled in the same
14manner as the original appointment to the board for the remainder of the unexpired
15term, if any.
SB884-SSA1,83 16Section 83 . 238.02 (2) of the statutes is amended to read:
SB884-SSA1,36,2117 238.02 (2) A majority of the voting appointed members of the board currently
18serving
constitutes a quorum for the purpose of conducting its business and
19exercising its powers and for all other purposes, notwithstanding the existence of any
20vacancies
. Action may be taken by the board upon a vote of a majority of the voting
21appointed members present.
SB884-SSA1,84e 22Section 84e. 238.03 (2) (c) of the statutes is amended to read:
SB884-SSA1,37,423 238.03 (2) (c) Require that each recipient of a grant or, loan award, or tax credit
24under the program submit a report to the corporation. Each contract with a recipient
25of a grant or, loan award, or tax credit under the program must specify the frequency

1and format of the report to be submitted to the corporation and the performance
2measures to be included in the report. Each recipient shall submit a statement to
3the corporation signed by the recipient or the director or principal officer of the
4recipient attesting to the accuracy and truthfulness of the information.
SB884-SSA1,84f 5Section 84f. 238.03 (2) (e) of the statutes is amended to read:
SB884-SSA1,37,86 238.03 (2) (e) Annually and independently verify, from a sample of grants and
7loans
, loan awards, and tax credits, the accuracy of the information required to be
8reported under par. (c).
SB884-SSA1,85 9Section 85 . 238.04 (15) of the statutes is created to read:
SB884-SSA1,37,1110 238.04 (15) Appoint and supervise the economic development liaison project
11position created in 2017 Wisconsin Act 58, section 61 (1).
SB884-SSA1,85e 12Section 85e. 238.16 (5) (e) of the statutes is amended to read:
SB884-SSA1,37,1513 238.16 (5) (e) The corporation shall annually verify, under s. 238.03 (2) (e), the
14information submitted to the corporation by the person for the purpose of claiming
15tax benefits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q).
SB884-SSA1,85k 16Section 85k. 238.306 (1) (a) of the statutes is amended to read:
SB884-SSA1,37,2117 238.306 (1) (a) Annually verify Verify, under s. 238.03 (2) (e), the information
18submitted to the department of revenue under ss. 71.07 (2dy), 71.28 (1dy), 71.47
19(1dy), and 76.637 by persons certified under s. 238.301 (2) and eligible to receive tax
20benefits under s. 238.303
corporation by the person for the purpose of claiming tax
21benefits
.
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