AB1073,104
10Section 104
. 108.04 (2) (a) (intro.) of the statutes is amended to read:
AB1073,85,1311
108.04
(2) (a) (intro.) Except as provided in
par. pars. (b)
and to (bd), sub. (16)
12(am) and (b)
, and s. 108.062 (10) and (10m) and as otherwise expressly provided, a
13claimant is eligible for benefits as to any given week only if
all of the following apply:
AB1073,105
14Section 105
. 108.04 (2) (a) 1. of the statutes is amended to read:
AB1073,85,1615
108.04
(2) (a) 1.
Except as provided in s. 108.062 (10), the individual The
16claimant is able to work and available for work during that week
;.
AB1073,106
17Section 106
. 108.04 (2) (a) 2. of the statutes is amended to read:
AB1073,85,2018
108.04
(2) (a) 2.
Except as provided in s. 108.062 (10m), as of that week, the
19individual The claimant has registered for work
as directed in the manner prescribed 20by the department
; by rule.
AB1073,107
21Section 107
. 108.04 (2) (a) 3. (intro.) of the statutes is renumbered 108.04 (2)
22(a) 3. and amended to read:
AB1073,86,1123
108.04
(2) (a) 3. The
individual
claimant conducts a reasonable search for
24suitable work during that week
, unless the search requirement is waived under par.
25(b) or s. 108.062 (10m) and provides verification of that search to the department.
1The search for suitable work must include at least 4 actions per week that constitute
2a reasonable search as prescribed by rule of the department. In addition, the
3department may, by rule, require
an individual
a claimant to take more than 4
4reasonable work search actions in any week. The department shall require a
5uniform number of reasonable work search actions for similar types of claimants.
6This subdivision does not apply to an individual if the department determines that
7the individual is currently laid off from employment with an employer but there is
8a reasonable expectation of reemployment of the individual by that employer. In
9determining whether the individual has a reasonable expectation of reemployment
10by an employer, the department shall request the employer to verify the individual's
11employment status and shall also consider other factors, including:
AB1073,108
12Section 108
. 108.04 (2) (a) 3. a. to c. of the statutes are renumbered 108.04 (2)
13(b) 1. a. to c. and amended to read:
AB1073,86,1414
108.04
(2) (b) 1. a. The history of layoffs and reemployments by the employer
;.
AB1073,86,1715
b. Any information that the employer furnished to the
individual claimant or
16the department concerning the
individual's claimant's anticipated reemployment
17date
; and.
AB1073,86,1918
c. Whether the
individual claimant has recall rights with the employer under
19the terms of any applicable collective bargaining agreement
; and.
AB1073,109
20Section 109
. 108.04 (2) (b) of the statutes is renumbered 108.04 (2) (b) (intro.)
21and amended to read:
AB1073,87,222
108.04
(2) (b) (intro.) The
requirements for registration for work and search for
23work shall be prescribed by rule of the department, and the department
may by
24general rule shall, except as provided under par. (bd), waive
these requirements the
1registration for work requirement under
certain stated conditions. par. (a) 2. if any
2of the following applies:
AB1073,110
3Section 110
. 108.04 (2) (b) 1. (intro.) of the statutes is created to read:
AB1073,87,104
108.04
(2) (b) 1. (intro.) The department determines that the claimant is
5currently laid off from employment with an employer but there is a reasonable
6expectation of reemployment of the claimant by that employer within a period of 8
7weeks, which may be extended up to an additional 4 weeks but not to exceed a total
8of 12 weeks. In determining whether the claimant has a reasonable expectation of
9reemployment by an employer, the department shall request the employer to verify
10the claimant's employment status and shall consider all of the following:
AB1073,111
11Section
111. 108.04 (2) (b) 2. to 6. of the statutes are created to read:
AB1073,87,1512
108.04
(2) (b) 2. The claimant has a reasonable expectation of starting
13employment with a new employer within 4 weeks and the employer has verified the
14anticipated starting date with the department. A waiver under this subdivision may
15not exceed 4 weeks.
AB1073,87,1716
3. The claimant has been laid off from work and routinely obtains work through
17a labor union referral and all of the following apply:
AB1073,87,1918
a. The union is the primary method used by workers to obtain employment in
19the claimant's customary occupation.
AB1073,87,2220
b. The union maintains records of unemployed members and the referral
21activities of these members, and the union allows the department to inspect those
22records.
AB1073,87,2523
c. The union provides, upon the request of the department, any information
24regarding a claimant's registration with the union or any referrals for employment
25it has made to the claimant.
AB1073,88,3
1d. Prospective employers of the claimant seldom place orders with the public
2employment office for jobs requiring occupational skills similar to those of the
3claimant.
AB1073,88,64
e. The claimant is registered for work with a union and satisfies the
5requirements of the union relating to job referral procedures, and maintains
6membership in good standing with the union.
AB1073,88,87
f. The union enters into an agreement with the department regarding the
8requirements of this subdivision.
AB1073,88,99
4. The claimant is summoned to serve as a prospective or impaneled juror.
AB1073,88,1410
5. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the
11claimant is enrolled in and satisfactorily participating in a self-employment
12assistance program or another program established under state or federal law and
13the program provides that claimants who participate in the program shall be waived
14by the department from work registration requirements.
AB1073,88,1615
6. The claimant is unable to complete registration due to circumstances that
16the department determines are beyond the claimant's control.
AB1073,112
17Section 112
. 108.04 (2) (bb) of the statutes is created to read:
AB1073,88,1918
108.04
(2) (bb) The department shall, except as provided under par. (bd), waive
19the work search requirement under par. (a) 3. if any of the following applies:
AB1073,88,2020
1. A reason specified in par (b) 1., 2., 3., or 4.
AB1073,88,2121
2. The claimant performs any work for his or her customary employer.
AB1073,89,222
3. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the
23claimant is enrolled in and satisfactorily participating in a self-employment
24assistance program or another program established under state or federal law and
1the program provides that claimants who participate in the program shall be waived
2by the department from work search requirements.
AB1073,89,43
4. The claimant has not complied with the requirement because of an error
4made by personnel of the department.
AB1073,89,75
5. The claimant's most recent employer failed to post appropriate notice posters
6as to claiming unemployment benefits as required by the department by rule, and
7the claimant was not aware of the work search requirement.
AB1073,89,118
6. The claimant has been referred for reemployment services, is participating
9in such services, or is not participating in such services, but has good cause for failure
10to participate. For purposes of this subdivision, a claimant has good cause if he or she
11is unable to participate due to any of the following:
AB1073,89,1212
a. A reason specified in subd. 3. or par (b) 4.
AB1073,89,1313
b. The claimant is employed.
AB1073,89,1414
c. The claimant is attending a job interview.
AB1073,89,1615
d. Circumstances that the department determines are beyond the claimant's
16control.
AB1073,113
17Section 113
. 108.04 (2) (bd) of the statutes is created to read:
AB1073,89,2018
108.04
(2) (bd) The department may, by rule, do any of the following if doing
19so is necessary to comply with a requirement under federal law or is specifically
20allowed under federal law:
AB1073,89,2121
1. Modify the availability of any waiver under par. (b) or (bb).
AB1073,89,2222
2. Establish additional waivers from the requirements under par. (a) 2. and 3.
AB1073,114
23Section 114
. 108.04 (2) (bm) of the statutes is amended to read:
AB1073,90,624
108.04
(2) (bm) A claimant is ineligible to receive benefits for any week for
25which there is a determination that the claimant failed to
conduct a reasonable
1search for suitable comply with the registration for work and work
and search
2requirements under par. (a) 2. or 3. or failed to provide verification to the department
3that the claimant complied with those requirements, unless the department has
not 4waived
the search requirement those requirements under par. (b)
, (bb), or (bd) or s.
5108.062 (10m). If the department has paid benefits to a claimant for any such week,
6the department may recover the overpayment under s. 108.22.
AB1073,115
7Section
115. 165.055 (3) of the statutes is repealed.
AB1073,116
8Section 116
. 165.07 of the statutes is created to read:
AB1073,90,13
9165.07 Intervention by joint committee on legislative organization. If
10the joint committee on legislative organization intervenes in an action in state or
11federal court as permitted under s. 803.09 (2m), the attorney general shall notify the
12court of the substitution of counsel by special counsel appointed by the joint
13committee on legislative organization and may not participate in the action.
AB1073,117
14Section 117
. 165.08 of the statutes is renumbered 165.08 (1) and amended to
15read:
AB1073,91,216
165.08
(1) Any civil action prosecuted by the department by direction of any
17officer, department, board
, or commission,
shall be compromised or discontinued
18when so directed by such officer, department, board or commission. Any or any civil
19action prosecuted by the department on the initiative of the attorney general, or at
20the request of any individual may be compromised or discontinued
with the approval
21of the governor only by submission of a proposed plan to the joint committee on
22finance for the approval of the committee. The compromise or discontinuance may
23occur only if the joint committee on finance approves the proposed plan. No proposed
24plan may be submitted to the joint committee on finance if the plan concedes the
25unconstitutionality or other invalidity of a statute, facially or as applied, or concedes
1that a statute violates or is preempted by federal law, without the approval of the
2joint committee on legislative organization.
AB1073,91,5
3(2) In any criminal action prosecuted by the attorney general, the department
4shall have the same powers with reference to such action as are vested in district
5attorneys.
AB1073,91,20
8165.10 Limits on expenditure Deposit of discretionary settlement
9funds. Notwithstanding s. 20.455 (3), before the The attorney general
may expend 10shall deposit all settlement funds
under s. 20.455 (3) (g) that are not committed
11under the terms of the settlement, the attorney general shall submit to the joint
12committee on finance a proposed plan for the expenditure of the funds. If the
13cochairpersons of the committee do not notify the attorney general within 14 working
14days after the submittal that the committee has scheduled a meeting for the purpose
15of reviewing the proposed plan, the attorney general may expend the funds to
16implement the proposed plan. If, within 14 working days after the submittal, the
17cochairpersons of the committee notify the attorney general that the committee has
18scheduled a meeting for the purpose of reviewing the proposed plan, the attorney
19general may expend the funds only to implement the plan as approved by the
20committee into the general fund.
AB1073,119
21Section 119
. 165.25 (1) of the statutes is amended to read:
AB1073,92,1022
165.25
(1) Represent state in appeals and on remand. Except as provided in
23ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5),
if the joint committee on legislative
24organization does not intervene as permitted under s. 803.09 (2m), appear for the
25state and prosecute or defend all actions and proceedings, civil or criminal, in the
1court of appeals and the supreme court, in which the state is interested or a party,
2and attend to and prosecute or defend all civil cases sent or remanded to any circuit
3court in which the state is a party.
Nothing
The joint committee on legislative
4organization may intervene as permitted under s. 803.09 (2m) at any time, and if the
5committee intervenes, the attorney general shall notify the court of the substitution
6of counsel by special counsel appointed by the committee to represent the state and
7may not participate in the action, proceeding, or case. Unless the joint committee on
8legislative organization intervenes as permitted under s. 803.09 (2m), nothing in this
9subsection deprives or relieves the attorney general or the department of justice of
10any authority or duty under this chapter
in any other matter.
AB1073,120
11Section 120
. 165.25 (1m) of the statutes is amended to read:
AB1073,92,2512
165.25
(1m) Represent state in other matters. If
the joint committee on
13legislative organization does not intervene as permitted under s. 803.09 (2m), if 14requested by the governor or either house of the legislature, appear for and represent
15the state, any state department, agency, official, employee or agent, whether
16required to appear as a party or witness in any civil or criminal matter, and prosecute
17or defend in any court or before any officer, any cause or matter, civil or criminal, in
18which the state or the people of this state may be interested.
The joint committee on
19legislative organization may intervene as permitted under s. 803.09 (2m) at any
20time, and if the committee intervenes, the attorney general shall notify the court of
21the substitution of counsel by special counsel appointed by the committee to
22represent the state and may not participate in the cause or matter. The public service
23commission may request under s. 196.497 (7) that the attorney general intervene in
24federal proceedings. All expenses of the proceedings shall be paid from the
25appropriation under s. 20.455 (1) (d).
AB1073,121
1Section
121. 165.25 (6) (a) of the statutes is renumbered 165.25 (6) (a) 1. and
2amended to read:
AB1073,93,243
165.25
(6) (a) 1.
At Except as provided in ss. 806.04 (11) and 893.825 (2), at the
4request of the head of any department of state government, the attorney general may
5appear for and defend any state department, or any state officer, employee, or agent
6of the department in any civil action or other matter brought before a court or an
7administrative agency which is brought against the state department, or officer,
8employee, or agent for or on account of any act growing out of or committed in the
9lawful course of an officer's, employee's, or agent's duties. Witness fees or other
10expenses determined by the attorney general to be reasonable and necessary to the
11defense in the action or proceeding shall be paid as provided for in s. 885.07. The
12attorney general may compromise and settle the action as the attorney general
13determines to be in the best interest of the state
except that, if the action is for
14injunctive relief or there is a proposed consent decree, the attorney general may not
15compromise or settle the action without first submitting a proposed plan to the joint
16committee on finance. If, within 14 working days after the plan is submitted, the
17cochairpersons of the committee notify the attorney general that the committee has
18scheduled a meeting for the purpose of reviewing the proposed plan, the attorney
19general may compromise or settle the action only with the approval of the committee.
20The attorney general may not submit a proposed plan to the joint committee on
21finance under this subdivision in which the plan concedes the unconstitutionality or
22other invalidity of a statute, facially or as applied, or concedes that a statute violates
23or is preempted by federal law, without the approval of the joint committee on
24legislative organization.
AB1073,94,12
12. Members, officers, and employees of the Wisconsin state agencies building
2corporation and the Wisconsin state public building corporation are covered by this
3section. Members of the board of governors created under s. 619.04 (3), members of
4a committee or subcommittee of that board of governors, members of the injured
5patients and families compensation fund peer review council created under s.
6655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are
7covered by this section with respect to actions, claims, or other matters arising
8before, on, or after April 25, 1990. The attorney general may compromise and settle
9claims asserted before such actions or matters formally are brought or may delegate
10such authority to the department of administration. This paragraph may not be
11construed as a consent to sue the state or any department thereof or as a waiver of
12state sovereign immunity.
AB1073,122
13Section
122. 227.01 (3m) of the statutes is created to read:
AB1073,94,1714
227.01
(3m) (a) “Guidance document" means, except as provided in par. (b), any
15formal or official document or communication issued by an agency, including a
16manual, handbook, directive, or informational bulletin, that does any of the
17following:
AB1073,94,2018
1. Explains the agency's implementation of a statute or rule enforced or
19administered by the agency, including the current or proposed operating procedure
20of the agency.
AB1073,94,2321
2. Provides guidance or advice with respect to how the agency is likely to apply
22a statute or rule enforced or administered by the agency, if that guidance or advice
23is likely to apply to a class of persons similarly affected.
AB1073,94,2424
(b) “Guidance document" does not include any of the following:
AB1073,95,2
11. A rule that has been promulgated and that is currently in effect or a proposed
2rule that is in the process of being promulgated.
AB1073,95,63
2. A standard adopted, or a statement of policy or interpretation made, whether
4preliminary or final, in the decision of a contested case, in a private letter ruling
5under s. 73.035, or in an agency decision upon or disposition of a particular matter
6as applied to a specific set of facts.
AB1073,95,107
3. Any document or activity described in sub. (13) (a) to (zz), except that
8“guidance document" includes a pamphlet or other explanatory material described
9under sub. (13) (r) that otherwise satisfies the definition of “guidance document"
10under par. (a).
AB1073,95,1211
4. Any document that any statute specifically provides is not required to be
12promulgated as a rule.
AB1073,95,1313
5. A declaratory ruling issued under s. 227.41.
AB1073,95,1414
6. A pleading or brief filed in court by the state, an agency, or an agency official.
AB1073,95,1715
7. A letter or written legal advice of the department of justice or a formal or
16informal opinion of the attorney general, including an opinion issued under s.
17165.015 (1).
AB1073,95,1918
8. Any document or communication for which a procedure for public input,
19other than that provided under s. 227.112 (1), is provided by law.
AB1073,95,2120
9. Any document or communication that is not subject to the right of inspection
21and copying under s. 19.35 (1).
AB1073,123
22Section
123. 227.01 (13) (intro.) of the statutes is amended to read:
AB1073,96,523
227.01
(13) (intro.) “Rule" means a regulation, standard, statement of policy,
24or general order of general application
which
that has the
effect force of law and
25which that is issued by an agency to implement, interpret, or make specific
1legislation enforced or administered by the agency or to govern the organization or
2procedure of the agency. “Rule" includes a modification of a rule under s. 227.265.
3“Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an
4agency, whether it would otherwise meet the definition under this subsection,
which 5that:
AB1073,124
6Section 124
. 227.05 of the statutes is created to read:
AB1073,96,12
7227.05 Agency publications. An agency shall identify the applicable
8provision of federal law or the applicable state statutory or administrative code
9provision that supports any statement or interpretation of law that the agency
10makes in any publication, whether in print or on the agency's Internet site, including
11guidance documents, forms, pamphlets, or other informational materials, regarding
12the laws the agency administers.
AB1073,125
13Section
125. Subchapter II (title) of chapter 227 [precedes 227.10] of the
14statutes is amended to read:
AB1073,96,1515
Chapter 227
AB1073,96,1616
Subchapter II
AB1073,96,1817
ADMINISTRATIVE RULES
and
18
GUIDANCE DOCUMENTS
AB1073,126
19Section 126
. 227.10 (2g) of the statutes is created to read:
AB1073,96,2120
227.10
(2g) No agency may seek deference in any proceeding based on the
21agency's interpretation of any law.
AB1073,127
22Section 127
. 227.11 (title) of the statutes is amended to read:
AB1073,96,24
23227.11 (title)
Extent to which chapter confers Agency rule-making
24authority.
AB1073,128
25Section 128
. 227.11 (3) of the statutes is created to read:
AB1073,97,6
1227.11
(3) (a) A plan that is submitted to the federal government for the
2purpose of complying with a requirement of federal law does not confer rule-making
3authority and cannot be used by an agency as authority to promulgate rules. No
4agency may agree to promulgate a rule as a component of a compliance plan unless
5the agency has explicit statutory authority to promulgate the rule at the time the
6compliance plan is submitted.