AB1070: Bill Text

AB1070,42,8 227.24 (1) (e) 1g. Submit the proposed emergency rule in final draft form to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed emergency rule. If the governor approves a proposed emergency rule, the governor shall provide the agency with a written notice of that approval. An agency may not file an emergency rule with the legislative reference bureau as provided in s. 227.20 and an emergency rule may not be published until the governor approves the emergency rule in writing. This subdivision does not apply to proposed emergency rules of the department of public instruction.

AB1070,64 Section 64 . 227.26 (2) (im) of the statutes is created to read:

AB1070,42,12 227.26 (2) (im) Multiple suspensions. Notwithstanding pars. (i) and (j), the committee may act to suspend a rule as provided under this subsection multiple times.

AB1070,65 Section 65 . 227.40 (1) of the statutes is amended to read:

AB1070,43,5 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review of the validity of a rule or guidance document shall be an action for declaratory judgment as to the validity of the rule or guidance document brought in the circuit court for the county where the party asserting the invalidity of the rule or guidance document resides or has its principal place of business or, if that party is a nonresident or does not have its principal place of business in this state, in the circuit court for the county where the dispute arose. The officer or other agency whose rule or guidance document is involved shall be the party defendant. The summons in the action shall be served as provided in s. 801.11 (3) and by delivering a copy to that officer or, if the agency is composed of more than one person, to the secretary or clerk of the agency or to any member of the agency. The court shall render a declaratory judgment in the action only when it appears from the complaint and the supporting evidence that the rule or guidance document or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. A declaratory judgment may be rendered whether or not the plaintiff has first requested the agency to pass upon the validity of the rule or guidance document in question.

AB1070,66 Section 66 . 227.40 (2) (intro.) of the statutes is amended to read:

AB1070,43,8 227.40 (2) (intro.) The validity of a rule or guidance document may be determined in any of the following judicial proceedings when material therein:

AB1070,67 Section 67 . 227.40 (2) (e) of the statutes is amended to read:

AB1070,43,14 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.50, 106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for review of decisions and orders of administrative agencies if the validity of the rule or guidance document involved was duly challenged in the proceeding before the agency in which the order or decision sought to be reviewed was made or entered.

AB1070,68 Section 68 . 227.40 (3) (intro.) of the statutes is renumbered 227.40 (3) (ag) and amended to read:

AB1070,44,2 227.40 (3) (ag) In any judicial proceeding other than one set out above under sub. (1) or (2), in which the invalidity of a rule or guidance document is material to the cause of action or any defense thereto, the assertion of such that invalidity shall be set forth in the pleading of the party so maintaining the invalidity of such the rule or guidance document in that proceeding. The party so asserting the invalidity of such the rule or guidance document shall, within 30 days after the service of the pleading in which the party sets forth such the invalidity, apply to the court in which such the proceedings are had for an order suspending the trial of said the proceeding until after a determination of the validity of said the rule or guidance document in an action for declaratory judgment under sub. (1) hereof.

AB1070,69 Section 69 . 227.40 (3) (a) of the statutes is renumbered 227.40 (3) (ar) and amended to read:

AB1070,44,11 227.40 (3) (ar) Upon the hearing of such the application, if the court is satisfied that the validity of such the rule or guidance document is material to the issues of the case, an order shall be entered staying the trial of said proceeding until the rendition of a final declaratory judgment in proceedings to be instituted forthwith by the party asserting the invalidity of such the rule or guidance document. If the court shall find finds that the asserted invalidity of a the rule or guidance document is not material to the case, an order shall be entered denying the application for stay.

AB1070,70 Section 70 . 227.40 (3) (b) and (c) of the statutes are amended to read:

AB1070,44,19 227.40 (3) (b) Upon the entry of a final order in said the declaratory judgment action, it shall be the duty of the party who asserts the invalidity of the rule or guidance document to formally advise the court of the outcome of the declaratory judgment action so brought as ordered by the court. After the final disposition of the declaratory judgment action the court shall be bound by and apply the judgment so entered in the trial of the proceeding in which the invalidity of the rule or guidance document is asserted.

AB1070,44,24 (c) Failure to set forth the invalidity of a rule or guidance document in a pleading or to commence a declaratory judgment proceeding within a reasonable time pursuant to such the order of the court or to prosecute such the declaratory judgment action without undue delay shall preclude such the party from asserting or maintaining such that the rule or guidance document is invalid.

AB1070,71 Section 71 . 227.40 (4) (a) of the statutes is amended to read:

AB1070,45,5 227.40 (4) (a) In any proceeding pursuant to this section for judicial review of a rule or guidance document, the court shall declare the rule or guidance document invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was promulgated or adopted without compliance with statutory rule-making or adoption procedures.

AB1070,72 Section 72 . 227.40 (6) of the statutes is amended to read:

AB1070,45,13 227.40 (6) Upon entry of a final order in a declaratory judgment action under sub. (1) with respect to a rule, the court shall send an electronic notice to the legislative reference bureau of the court's determination as to the validity or invalidity of the rule, in a format approved by the legislative reference bureau, and the legislative reference bureau shall publish a notice of that determination in the Wisconsin administrative register under s. 35.93 (2) and insert an annotation of that determination in the Wisconsin administrative code under s. 13.92 (4) (a).

AB1070,73 Section 73. 227.46 (1) (h) of the statutes is amended to read:

AB1070,45,16 227.46 (1) (h) Make or recommend Recommend findings of fact, conclusions of law and decisions to the extent permitted by law.

AB1070,74 Section 74. 227.46 (2) of the statutes is amended to read:

AB1070,46,6 227.46 (2) Except as provided in sub. (2m) and s. 227.47 (2), in any contested case which is a class 2 or class 3 proceeding, where a majority of the officials of the agency who are to render the final decision are not present for the hearing, the hearing examiner presiding at the hearing shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted by the agency as the final decision in the case under s. 227.47 (3). The proposed decision shall be a part of the record and shall be served by the agency on all parties. Each party adversely affected by the proposed decision shall be given an opportunity to file objections to the proposed decision, briefly stating the reasons and authorities for each objection, and to argue with respect to them before the officials who are to participate in the decision. The agency may direct whether such argument shall be written or oral. If an agency's decision varies in any respect from the proposed decision of the hearing examiner, the agency's decision shall include an explanation of the basis for each variance.

AB1070,75 Section 75. 227.46 (2m) of the statutes is amended to read:

AB1070,46,25 227.46 (2m) In any hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg), the hearing examiner presiding at the hearing shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted by the agency as the final decision in the case under s. 227.47 (3). The proposed decision shall be a part of the record and shall be served by the division of hearings and appeals in the department of administration on all parties. Each party adversely affected by the proposed decision shall be given an opportunity to file objections to the proposed decision within 15 days, briefly stating the reasons and authorities for each objection, and to argue with respect to them before the administrator of the division of hearings and appeals. The administrator of the division of hearings and appeals may direct whether such argument shall be written or oral. If the decision of the administrator of the division of hearings and appeals varies in any respect from the proposed decision of the hearing examiner, the decision of the administrator of the division of hearings and appeals shall include an explanation of the basis for each variance. The decision of the administrator of the division of hearings and appeals is a final decision of the agency subject to judicial review under s. 227.52. The department of transportation may petition for judicial review.

AB1070,76 Section 76. 227.46 (3) (a) of the statutes is repealed.

AB1070,77 Section 77. 227.46 (8) of the statutes is repealed.

AB1070,78 Section 78. 227.47 (1) of the statutes is amended to read:

AB1070,47,12 227.47 (1) Except as provided in sub. (2), every proposed or final decision of an agency or a hearing examiner following a hearing and every final decision of an agency shall be in writing accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise and separate statement of the ultimate conclusions upon each material issue of fact without recital of evidence. Every proposed or final decision shall include a list of the names and addresses of all persons who appeared before the agency in the proceeding who are considered parties for purposes of review under s. 227.53. The agency shall by rule establish a procedure for determination of parties.

AB1070,79 Section 79. 227.47 (3) of the statutes is created to read:

AB1070,47,22 227.47 (3) Every final decision of an agency in a contested case shall be approved, signed, and dated by the agency head and shall include a signed certification stating as follows: “I hereby certify that this decision complies with the requirements of chapter 227 of the Wisconsin Statutes and constitutes the final agency action in this matter. I further certify that this decision contains no standard, requirement, or threshold that is not explicitly required or explicitly permitted by statute or a rule that has been lawfully promulgated and that this decision contains no standard, requirement, or threshold that is more restrictive than a standard, requirement, or threshold contained in the Wisconsin Statutes.”

AB1070,80 Section 80 . 227.57 (11) of the statutes is amended to read:

AB1070,48,2 227.57 (11) Upon review of an agency action or decision affecting a property owner's use of the property owner's property, the court shall accord no deference to the agency's interpretation of law if the agency action or decision restricts the property owner's free use of the property owner's property.

AB1070,81 Section 81. 230.08 (2) (sb) of the statutes is repealed.

AB1070,82 Section 82. 238.02 (1) of the statutes is amended to read:

AB1070,48,22 238.02 (1) There is created an authority, which is a public body corporate and politic, to be known as the “Wisconsin Economic Development Corporation." The members of the board shall consist of 6 4 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor; 3 members appointed by the speaker of the assembly, consisting of one majority and one minority party representative to the assembly, appointed as are the members of standing committees in the assembly, and one person employed in the private sector, to serve at the speaker's pleasure; and 3 4-year terms; one member appointed by the minority leader of the assembly to serve a 4-year term; 3 members appointed by the senate majority leader, consisting of one majority and one minority party senator, appointed as are members of standing committees in the senate, and one person employed in the private sector, to serve at the majority leader's pleasure 4-year terms; and one member appointed by the minority leader of the senate to serve a 4-year term. The secretary of administration and the secretary of revenue shall also serve on the board as nonvoting members. The board shall elect a chairperson from among its nonlegislative voting members. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

AB1070,83 Section 83 . 238.02 (2) of the statutes is amended to read:

AB1070,49,3 238.02 (2) A majority of the voting appointed members of the board currently serving constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the voting appointed members present.

AB1070,84 Section 84. 238.02 (3) of the statutes is amended to read:

AB1070,49,9 238.02 (3) A chief executive officer shall be nominated by the governor board, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor board. The board may delegate to the chief executive officer any powers and duties the board considers proper. The chief executive officer shall receive such compensation as may be determined by the board.

AB1070,85 Section 85 . 238.04 (15) of the statutes is created to read:

AB1070,49,12 238.04 (15) Appoint and supervise the economic development liaison project position created in 2017 Wisconsin Act 58, section 61 (1).

AB1070,86 Section 86 . 238.399 (3) (a) of the statutes is amended to read:

AB1070,49,15 238.399 (3) (a) The corporation may designate not more than 30 any number of enterprise zones in this state.

AB1070,87 Section 87. 238.399 (3) (am) of the statutes is created to read:

AB1070,49,18 238.399 (3) (am) The corporation may not designate a new enterprise zone under par. (a) except as follows:

AB1070,49,22 1. Before the corporation designates a new enterprise zone, the corporation shall notify the joint committee on finance in writing of the corporation's intention to designate a new enterprise zone. The notice shall describe the new zone and the purposes for which the corporation proposes to designate the new zone.

AB1070,50,6 2. If, within 14 working days after the date of the corporation's notice under subd. 1., the cochairpersons of the joint committee on finance do not notify the corporation that the committee has scheduled a meeting to review the corporation's proposal, the corporation may designate the new enterprise zone as proposed in the corporation's notice. If, within 14 working days after the date of the corporation's notice under subd. 1., the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting to review the corporation's proposal, the corporation may designate the new enterprise zone only upon approval of the committee.

AB1070,88 Section 88 . 238.399 (3) (e) of the statutes is repealed.

AB1070,89 Section 89 . 281.665 (5) (d) of the statutes is amended to read:

AB1070,50,13 281.665 (5) (d) Notwithstanding pars. (a) to (c), during the 2017-19 and 2019-21 fiscal biennium bienniums, the department shall consider an applicant to be eligible for a cost-sharing grant for a project under this section if the project is funded or executed in whole or in part by the U.S. army corps of engineers under 33 USC 701s.

AB1070,90 Section 90. 301.03 (16) of the statutes is created to read:

AB1070,50,17 301.03 (16) At the request of the legislature, submit to the legislature under s. 13.172 (2) a report that includes the following information and post the report on the department's website:

AB1070,50,21 (a) If, since the previous report was submitted or during a date range specified in the request, an individual was pardoned for a crime or was released from a term of imprisonment without completing his or her sentence, the name of the individual, the pertinent crime, and the name of the person who authorized the action.

AB1070,50,24 (b) If an individual who appears on a report submitted under this subsection is convicted of a crime, the name of that individual and the crime for which he or she was convicted.

AB1070,91 Section 91 . 343.165 (8) of the statutes is created to read:

AB1070,51,3 343.165 (8) Notwithstanding subs. (1) to (4), for an applicant requesting that an identification card be provided without charge for purposes of voting, all of the following apply:

AB1070,51,8 (a) Except as provided in par. (b), if a person is unable to provide proof of name and date of birth, and the documents are unavailable to the person, the person may make a written petition to the department for an exception to the requirements of sub. (1) (a) or (b). The application shall include proof of identity and all of the following:

AB1070,51,10 1. A certification of the person's name, date of birth, and current residence street address on the department's form.

AB1070,51,12 2. An explanation of the circumstances by which the person is unable to provide proof of name and date of birth.

AB1070,51,14 3. Whatever documentation is available that states the person's name and date of birth.

AB1070,51,23 (b) 1. If a person applies for and requests an identification card without charge for the purposes of voting and the person's proof of name and date of birth or of proof of citizenship, legal permanent resident status, conditional resident status, or legal presence is unavailable, the person may make a written petition to the department for an exception to the requirement for which proof is unavailable. The department shall provide appropriate translation for any person who is unable to read or understand the petition process instructions and related communications under this subsection or s. 343.50 (1) (c) 2. The petition shall include the person's statement under oath or affirmation of all of the following:

AB1070,52,3 a. That the person is unable to provide proof of name and date of birth or proof of citizenship, legal permanent resident status, conditional resident status, or legal presence.

AB1070,52,4 b. That the documents are unavailable to the person.

AB1070,52,7 c. His or her name, date of birth, place of birth, and such other birth record information requested by the department, or the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.

AB1070,52,22 2. Upon receiving a petition that meets the requirements under subd. 1., the department of transportation shall forward the petition to the central office of its division of motor vehicles for processing. The department of transportation shall provide the person's birth record information to the department of health services, for the sole purpose of verification by the department of health services of the person's birth certificate information or the equivalent document from another jurisdiction, other than a province of the Dominion of Canada, or to a federal agency for the sole purpose of verifying the person's certificate of birth abroad issued by the federal department of state, or of verifying the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number. The department of transportation shall open a file containing the petition and shall create therein a report with a dated record of events, including all communication to or with the applicant. The department of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in subd. 3.

AB1070,54,11 3. If the department does not receive verification under subd. 2. within 30 days or receives notice under subd. 2. that the birth information provided in the application does not match that of the birth record custodian, the department shall promptly notify the person in writing of that failure to verify and request the person contact the department within 10 days. If the person does not respond within 10 days, the department shall send the person a 2nd letter with substantially similar contents. If the person does not respond to the 2nd letter within 10 days and the department knows the person's telephone number, the department shall call the person on the telephone and notify the person that the birth information was not verified and request the person provide additional information within 10 days. If 30 days have elapsed since the date of the first letter sent under this subdivision without contact from the person, the department shall suspend the investigation and send written notice that the person has not responded, that the department has no further leads for it to locate or obtain secondary documentation or verification of birth information, that the department has suspended its investigation or research until such time as the person contacts the department, and that if within 180 days after the date of the written notice the person fails to contact the department the petition will be denied and no further identification card receipts will be issued under s. 343.50 (1) (c) 2. If the person fails to contact the department within 180 days after the department suspends the investigation, the department shall deny the petition in writing and shall inform the person that the department will resume the investigation if the person contacts the department to discuss the petition. Whenever the applicant contacts the department to discuss the petition, the investigation under this subdivision shall begin anew, notwithstanding any prior denial due to the person's failure to timely respond. The applicant shall act in good faith and use reasonable efforts to provide additional information that could reasonably lead the department to discover correct birth information or secondary documentation as described in subd. 3g., to assist the department in processing the application. The department shall investigate the petition and any additional information provided under this subdivision with prompt and due diligence and shall use reasonable efforts to locate and obtain the secondary documentation by pursuing leads provided by the person. Investigations may only be completed within the division of motor vehicles' central office by employees whose regular job duties include investigation and fraud detection and prevention. If the investigation discovers new or corrected birth information, the department of transportation shall resubmit the new or corrected birth information to the department of health services for verification under subd. 2. The department of transportation shall pay any actual, necessary fees required by the record custodian to obtain the secondary documentation.

AB1070,54,19 3g. If the department of health services does not verify the birth record information within 30 days, the department of transportation may issue an identification card to the person only if the department of transportation receives verification under subd. 2., if the person provides proof of name and date of birth or proof of citizenship, legal permanent resident status, conditional resident status or legal presence, or if the department of transportation receives other secondary documentation acceptable to the department of transportation and deemed sufficient under subd. 3., which may include the following:

AB1070,54,20 a. Baptismal certificate.

AB1070,54,21 b. Hospital birth certificate.

AB1070,54,22 c. Delayed birth certificate.

AB1070,54,23 d. Census record.

AB1070,54,24 e. Early school record.

AB1070,54,25 f. Family Bible record.

AB1070,55,1 g. Doctor's record of post-natal care.

AB1070,55,3 h. Other documentation deemed acceptable to the department of transportation, within the department's reasonable discretion.

AB1070,55,5 4. In this paragraph, “proof of citizenship, legal permanent resident status, conditional resident status or legal presence” means any of the following:

AB1070,55,6 a. A U.S. state or local government issued certificate of birth.

AB1070,55,7 b. Valid U.S. passport.

AB1070,55,9 c. Valid foreign passport with appropriate immigration documents, which shall include or be accompanied by federal form I-94, arrival and departure record.

AB1070,55,10 d. Certificate of U.S. citizenship.

AB1070,55,11 e. A U.S. Certificate of naturalization.

AB1070,55,14 f. Valid department of homeland security/U.S. citizenship and immigration services federal form I-551, resident alien registration receipt card, issued since 1997.

AB1070,55,16 g. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.

AB1070,55,18 h. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.

AB1070,55,20 i. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.

AB1070,55,22 j. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.

AB1070,55,24 k. Department of homeland security/transportation security administration transportation worker identification credential.