AB64: Bill Text

AB64,1678 Section 1678 . 165.986 (5) of the statutes is amended to read:

AB64,753,11 165.986 (5) A city may receive a grant under sub. (1) for 3 consecutive years without submitting a new application each year. For each year that a city receives a grant under sub. (1), the city shall provide matching funds of at least 25 percent of the amount of the grant.

AB64,1679 Section 1679 . 165.986 (6) of the statutes is amended to read:

AB64,753,16 165.986 (6) The department may make grants under sub. (1) to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for the grants under this subsection shall be determined and allocations made as provided in this section.

AB64,1680 Section 1680 . 165.986 (7) of the statutes is created to read:

AB64,754,3 165.986 (7) From the appropriation under s. 20.455 (2) (cf), the department shall make grants in amounts determined by the department to cities to reimburse overtime costs for uniformed law enforcement officers whose primary duty is beat patrolling, except that the department may award no more $400,000 to a city for a calendar year. The grants may be used for salary and fringe benefits only. The grants may be awarded only to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation. A city may receive a grant for a calendar year if the city applies before September 1 of the preceding calendar year and provides the department all of the following:

AB64,754,5 (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties need to work overtime.

AB64,754,7 (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties.

AB64,754,8 (c) A proposed plan of expenditure of the grant moneys.

AB64,1681 Section 1681. 177.24 (2) of the statutes is amended to read:

AB64,754,19 177.24 (2) The administrator shall consider each claim within 90 days after it is filed and may refer any claim to the attorney general for an opinion. For each claim referred, the attorney general shall advise the administrator either to allow it or to deny it in whole or in part. The administrator shall give written notice to the claimant if the claim is denied in whole or in part. The notice shall be given by mailing it sent to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice shall be mailed sent to the last address, if any, stated in the claim as the address of the claimant. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.

AB64,1682 Section 1682. 178.0120 (2) (b) of the statutes is amended to read:

AB64,755,2 178.0120 (2) (b) The department may collect an expedited service fee, established by rule, for processing in an expeditious manner a record required or permitted to be filed with the department under this chapter, except that the fee to expedite processing to within one hour of filing shall be $500 and the fee to expedite processing to within 4 hours of filing shall be $250. Notwithstanding s. 178.0110, the $500 or $250 expedited processing fee, if applicable, applies to a partnership regardless of the date the partnership was formed.

AB64,1683 Section 1683. 180.1901 (1m) (ag) of the statutes is repealed.

AB64,1684 Section 1684 . 180.1901 (1m) (b) of the statutes is amended to read:

AB64,755,6 180.1901 (1m) (b) Medical examining board under subch. II or IV of ch. 448 or ch. 449.

AB64,1685 Section 1685. 180.1901 (1m) (bg) of the statutes is renumbered 180.1901 (1m) (h) and amended to read:

AB64,755,10 180.1901 (1m) (h) Physical Medical therapy examining board under subch. III of ch. 448 464.

AB64,1686 Section 1686. 180.1901 (1m) (bk) of the statutes is repealed.

AB64,1687 Section 1687. 180.1901 (1m) (bs) of the statutes is repealed.

AB64,1688 Section 1688. 180.1901 (1m) (bu) of the statutes is repealed.

AB64,1689 Section 1689 . 180.1901 (1m) (c) of the statutes is repealed.

AB64,1690 Section 1690. 182.01 (4) (d) of the statutes is amended to read:

AB64,755,19 182.01 (4) (d) Processing, in an expeditious manner, a document required or permitted to be filed with the department, except that the fee to expedite processing to within one hour of filing shall be $500 and the fee to expedite processing to within 4 hours of filing shall be $250.

AB64,1691 Section 1691 . 182.028 of the statutes is amended to read:

AB64,756,8 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 440.52 (10) without complying with the requirements of s. 38.50 440.52. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

AB64,1692 Section 1692 . 196.218 (3) (a) 3. b. of the statutes is amended to read:

AB64,756,11 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (1) (q) and (3) (q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

AB64,1693 Section 1693 . 196.218 (5) (a) 10. of the statutes is amended to read:

AB64,756,14 196.218 (5) (a) 10. To make broadband expansion grants and carry out the commission's duties under s. 196.504.

AB64,1694 Section 1694. 196.374 (2) (a) 2. f. of the statutes is created to read:

AB64,756,20 196.374 (2) (a) 2. f. Incentives for projects for improving energy efficiency at elementary, secondary, and postsecondary schools. The commission shall ensure that the amount spent annually on incentives under this subd. 2. f. is at least $10,000,000 more than the amount spent on such incentives in fiscal year 2016-17 and that public elementary and secondary schools are given priority in the spending.

AB64,1695 Section 1695 . 196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ac).

AB64,1696 Section 1696 . 196.504 (1) (ab) of the statutes is created to read:

AB64,757,2 196.504 (1) (ab) “A-CAM support” means support for the deployment of voice and broadband-capable networks from the federal Connect America Fund that is made to telecommunications utilities regulated as rate-of-return carriers by the federal communications commission and that is based on the federal communications commission's Alternative Connect America Cost Model.

AB64,1697 Section 1697 . 196.504 (1) (ad) of the statutes is created to read:

AB64,757,7 196.504 (1) (ad) “Phase II support” means the federal communications commission's 2nd phase of support for rural broadband deployment from the federal Connect America Fund that is made to telecommunications utilities regulated as price cap carriers by the federal communications commission.

AB64,1698 Section 1698. 196.504 (2) (a) of the statutes is amended to read:

AB64,757,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriation appropriations under s. 20.155 (1) (q) and (3) (r). In each fiscal year, the total amount of the grants may not exceed $1,500,000.

AB64,1699 Section 1699 . 196.504 (2) (e) of the statutes is created to read:

AB64,757,20 196.504 (2) (e) During fiscal year 2017-18, to allocate a portion of the amount appropriated under s. 20.155 (3) (r), in an amount determined by the commission, for making broadband expansion grants under this section to telecommunications utilities receiving A-CAM or phase II support. Notwithstanding the priorities specified in par. (c), the commission may evaluate applications and award broadband expansion grants under this paragraph on an expedited basis.

AB64,1700 Section 1700. 196.857 of the statutes is repealed.

AB64,1701 Section 1701. 196.858 (1) of the statutes is amended to read:

AB64,757,25 196.858 (1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under s. 20.505 (1) (ir) 20.155 (1) (i).

AB64,1702 Section 1702. 196.858 (2) of the statutes is amended to read:

AB64,758,12 196.858 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone telecommunications relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.505 (1) (ir) 20.155 (1) (i).

AB64,1703 Section 1703. 202.051 (3) (c) of the statutes is amended to read:

AB64,758,15 202.051 (3) (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB64,1704 Section 1704. 224.48 (1) (am) of the statutes is created to read:

AB64,758,17 224.48 (1) (am) “Department” means the department of financial institutions.

AB64,1705 Section 1705. 224.50 (1) (c) of the statutes is created to read:

AB64,758,19 224.50 (1) (c) “Department” means the department of financial institutions.

AB64,1706 Section 1706. 224.51 (1g) of the statutes is created to read:

AB64,758,22 224.51 (1g) In this section, “department” means the department of financial institutions.

AB64,1707 Section 1707 . 227.01 (3m) of the statutes is created to read:

AB64,759,2 227.01 (3m) (a) “Guidance document" means, except as provided in par. (b), any formal or official document or communication issued by an agency, including a manual, handbook, directive, or informational bulletin, that does any of the following:

AB64,759,5 1. Explains the agency's implementation of a statute or rule enforced or administered by the agency, including the current or proposed operating procedure of the agency.

AB64,759,8 2. Provides guidance or advice with respect to how the agency is likely to apply a statute or rule enforced or administered by the agency, if that guidance or advice is likely to apply to a class of persons similarly affected.

AB64,759,9 (b) “Guidance document" does not include any of the following:

AB64,759,11 1. A rule or any document or communication that imposes any binding or enforceable legal requirement.

AB64,759,15 2. A standard adopted, or a statement of policy or interpretation made, whether preliminary or final, in the decision of a contested case, in a private letter ruling under s. 73.035, or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts.

AB64,759,19 3. Any document or activity described in sub. (13) (a) to (zz), except that “guidance document" includes a pamphlet or other explanatory material described under sub. (13) (r) that otherwise satisfies the definition of “guidance document" under par. (a).

AB64,759,21 4. Any document that any statute specifically provides is not required to be promulgated as a rule.

AB64,759,22 5. A declaratory ruling issued under s. 227.41.

AB64,759,24 6. A formal or informal opinion of the attorney general, including an opinion issued under s. 165.015 (1).

AB64,760,2 7. A formal or informal advisory opinion issued by the elections commission under s. 5.05 (6a) or by the ethics commission under s. 19.46 (2).

AB64,760,4 8. Any document or communication for which a procedure for public input, other than that provided under s. 227.112 (1), is provided by law.

AB64,760,6 9. Any document or communication that is not subject to the right of inspection and copying under s. 19.35 (1).

AB64,1708 Section 1708 . 227.01 (13) (intro.) of the statutes is amended to read:

AB64,760,15 227.01 (13) (intro.) “Rule" means a regulation, standard, statement of policy, or general order of general application which that has the effect force of law and which that is issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. “Rule" includes a modification of a rule under s. 227.265. “Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which that:

AB64,1709 Section 1709. 227.01 (13) (Lr) of the statutes is amended to read:

AB64,760,18 227.01 (13) (Lr) Determines what constitutes high-demand fields for purposes of s. 38.28 (2) (be) 1. b. (2m) (b) 2.

AB64,1710 Section 1710 . Subchapter II (title) of chapter 227 [precedes 227.10] of the statutes is amended to read:

AB64,760,21 Chapter 227

AB64,760,22 Subchapter II

AB64,760,24 ADMINISTRATIVE RULES and GUIDANCE DOCUMENTS

AB64,1711 Section 1711 . 227.111 of the statutes is created to read:

AB64,761,5 227.111 Rule-making authority of certain agencies. (1) In this section, “restricted agency” means an affiliated credentialing board, as defined in s. 15.01 (1g), a board, as defined in s. 15.01 (1r), a commission, as defined in s. 15.01 (2), or an examining board, as defined in s. 15.01 (7), that has not taken any action under this subchapter with respect to the promulgation of a rule in 10 years or more.

AB64,761,9 (2) Notwithstanding ss. 227.10 and 227.11 and any other provision authorizing or requiring a restricted agency to promulgate rules, a restricted agency may not take any action with respect to the promulgation of a rule unless a subsequent law specifically authorizes such action.

AB64,1712 Section 1712 . 227.112 of the statutes is created to read:

AB64,761,19 227.112 Guidance documents. (1) (a) Except as provided in par. (c), no less than 21 days before adopting a guidance document, an agency shall post the proposed guidance document on the agency's Internet site and, on the same date, submit a notice of the public comment period on the proposed guidance document under par. (b), including a copy of the proposed guidance document and the Web address of the agency's Internet site at which comments may be submitted, to the legislative reference bureau, in a format approved by the legislative reference bureau, for publication in the register. The notice need not be published in the register on the same day the agency posts the proposed guidance document on its Internet site.

AB64,761,25 (b) The agency shall provide for a period for public comment on a proposed guidance document posted under par. (a), during which any person may submit written comments to the agency with respect to the proposed guidance document. Except as provided in par. (c), the period for public comment shall end no sooner than the 21st day after the date on which the proposed guidance document is posted on the agency's Internet site.

AB64,762,3 (c) An agency may post a proposed guidance document less than 21 days before adopting the proposed guidance document and with a public comment period shorter than 21 days with the approval of the governor.

AB64,762,7 (d) An agency shall retain all written comments submitted during the public comment period under par. (b) and shall consider those comments in determining whether to adopt the guidance document as originally proposed, modify the proposed guidance document, or take any other action.

AB64,762,9 (e) This subsection does not apply to guidance documents adopted before the effective date of this paragraph .... [LRB inserts date].

AB64,762,16 (2) An agency shall post each guidance document that the agency has adopted on the agency's Internet site and shall permit continuing public comment on the guidance document. The agency shall ensure that each guidance document that the agency has adopted remains on the agency's Internet site as provided in this subsection until the guidance document is no longer in effect, is no longer valid, or is superseded or until the agency otherwise rescinds its adoption of the guidance document.

AB64,763,2 (3) A guidance document does not have the force of law and does not provide the authority for implementing or enforcing a standard, requirement, or threshold, including as a term or condition of any license. A guidance document that imposes a regulatory obligation or consequence is invalid, and the regulatory obligation or consequence may not be administered or enforced unless the agency promulgates it as a rule. An agency that proposes to rely on a guidance document to the detriment of a person in any administrative proceeding shall afford the person an adequate opportunity to contest the legality or wisdom of a position taken in the guidance document. An agency may not use a guidance document to foreclose consideration of any issue raised in the guidance document.

AB64,763,8 (4) If an agency proposes to act in an administrative proceeding at variance with a position expressed in a guidance document, it shall provide a reasonable explanation for the variance. If an affected person in an administrative proceeding may have relied reasonably on the agency's position, the explanation must include a reasonable justification for the agency's conclusion that the need for the variance outweighs the affected person's reliance interest.

AB64,763,11 (5) Persons that qualify under s. 227.12 to petition an agency to promulgate a rule may, as provided in s. 227.12, petition an agency to promulgate a rule in place of a guidance document.