AB1070: Bill Text

AB1070,96 Section 96 . 801.50 (3) (b) of the statutes is amended to read:

AB1070,62,25 801.50 (3) (b) All actions relating to the validity or invalidly of a rule or guidance document shall be venued as provided in s. 227.40 (1).

AB1070,97 Section 97. 803.09 (2m) of the statutes is created to read:

AB1070,63,7 803.09 (2m) When a party to an action challenges in state or federal court the constitutionality of a statute, facially or as applied, or challenges a statute as violating or preempted by federal law, as part of a claim or affirmative defense, the assembly, the senate, and the state legislature may intervene at any time in the action as a matter of right by serving a motion upon the parties as provided in s. 801.14.

AB1070,98 Section 98. 806.04 (11) of the statutes is amended to read:

AB1070,64,21 806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the attorney general shall also be served with a copy of the proceeding and, except as provided under this subsection, be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the state. In an action involving the constitutionality of a statute, or challenging a statute as violating or preempted by federal law, if the joint committee on legislative organization determines at any time that the interests of the state will be best represented by special counsel appointed by the legislature, it shall appoint special counsel to represent state defendants and act instead of the attorney general and the attorney general may not participate in the action. Special counsel appointed under this subsection shall have the powers of the attorney general with respect to the litigation to which special counsel has been appointed. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 13, 20, 111, 227 or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization or the assembly committee on organization may intervene as a party to the proceedings and be heard.

AB1070,99 Section 99. 809.13 of the statutes is amended to read:

AB1070,65,2 809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1) or, (2), or (2m).

AB1070,100 Section 100 . Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

AB1070,65,5 CHAPTER 893

AB1070,65,11 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS AND EMPLOYEES; ACTIONS ALLEGING A STATUTE IS UNCONSTITUTIONAL OR OTHERWISE INVALID

AB1070,101 Section 101. 893.825 of the statutes is created to read:

AB1070,65,17 893.825 Actions alleging a statute is unconstitutional or in violation of or preempted by federal law. (1) In an action in which a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the attorney general shall be served with a copy of the proceeding and, except as provided in sub. (2), is entitled to represent the state and be heard.

AB1070,65,22 (2) In an action in which a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding and the assembly, the senate, and the joint committee on legislative organization are entitled to be heard.

AB1070,102 Section 102. Nonstatutory provisions.

AB1070,66,7 (1) Intervention by assembly, senate, and joint committee on legislative organization. The assembly, senate, and joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) in any litigation pending in state or federal court on the effective date of this subsection. If the joint committee on legislative organization intervenes and appoints special counsel to represent state defendants as set forth under s. 806.04 (11) or 893.825, the attorney general shall notify the court of the substitution of counsel by special counsel appointed by the joint committee on legislative organization to represent the state defendants and may not participate in the action.

AB1070,66,13 (2) WEDC; Staggering of initial terms. Notwithstanding the length of terms specified for the members of the board of directors of the Wisconsin Economic Development Corporation under s. 238.02 (1), the initial members appointed by the speaker and minority leader of the assembly and the majority leader and minority leader of the senate beginning on the effective date of this subsection shall be appointed for terms expiring as follows:

AB1070,66,17 (a) The terms of 2 members appointed by the speaker of the assembly, the member appointed by the assembly minority leader, 2 members appointed by the senate majority leader, and the member appointed by the senate minority leader, shall expire on October 1, 2022.

AB1070,66,19 (b) The terms of one member appointed by the speaker of the assembly and one member appointed by the senate majority leader shall expire on October 1, 2024.

AB1070,66,25 (3) WEDC; current board members. The members of the board of directors of the Wisconsin Economic Development Corporation serving at the pleasure of the speaker of the assembly and senate majority leader on the day before the effective date of this subsection shall continue to serve at pleasure pending the appointment of members under sub. (2), but may not serve after January 6, 2019, unless appointed under sub. (2).

AB1070,103 Section 103. Fiscal changes.

AB1070,67,5 (1) Settlement funds. Notwithstanding s. 20.001 (3) (c), from the appropriation account under s. 20.455 (3) (g), on the effective date of this subsection, there is lapsed to the general fund the unencumbered balance of any settlement funds in that appropriation account, as determined by the attorney general.

AB1070,67,10 (2) Office of solicitor general positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (gh), the dollar amount for fiscal year 2018-19 is decreased by $320,000 to decrease the authorized FTE positions for the department by 1.0 PR solicitor general position and 3.0 PR deputy solicitor general positions on January 1, 2019.

AB1070,67,14 (3) Department of justice gifts and grants. Notwithstanding s. 20.001 (2) (b), any moneys encumbered under the appropriation accounts under s. 20.455 (2) (gb) and (3) (g) before the effective date of this subsection may be expended pursuant to the terms of the encumbrance.

AB1070,104 Section 104. Initial applicability.

AB1070,67,19 (1) Agency publications. The treatment of s. 227.05 with respect to printed publications first applies to guidance documents, forms, pamphlets, or other informational materials that are printed 60 days after the effective date of this subsection.

AB1070,67,22 (2) Group insurance board. The treatment of s. 15.07 (1) (b) 24. first applies to a member of the group insurance board who is appointed by the governor on the effective date of this subsection.

AB1070,68,2 (3) Gubernatorial approvals of proposed rules. The treatment of ss. 227.135 (3), 227.185, and 227.24 (1) (e) 1d. and 1g., the renumbering and amendment of s. 227.135 (2), and the creation of s. 227.135 (2) (a) 2. first apply to a proposed rule or emergency rule whose statement of scope is submitted to the legislative reference bureau for publication under s. 227.135 (3) on the effective date of this subsection.

AB1070,68,5 (4) Final decision of an agency. The treatment of ss. 227.46 (1) (h), (2), (2m), (3) (a) and (8) and 227.47 (1) and (3) first applies to requests for hearings made on the effective date of this subsection.

AB1070,105 Section 105. Effective date.

AB1070,68,8 (1) Final decisions in contested cases. The treatment of s. 227.05 takes effect on the first day of the 7th month beginning after publication.

AB1070,68,9 (End)