AB64: Bill Text

AB64,775,25 227.16 (1) Except as provided under sub. (2) In addition to any preliminary public hearing and comment period held under s. 227.136, all rule making by an agency shall be preceded by notice and public hearing as provided in ss. 227.17 and 227.18, except as provided in sub. (2).

AB64,1732 Section 1732. 227.16 (6) of the statutes is renumbered 227.136 (8) and amended to read:

AB64,776,9 227.136 (8) For the purpose of soliciting public comment, an agency may hold a hearing on the general subject matter of possible or anticipated rules before preparing a statement of scope for a proposed rule in draft form. A hearing held under this subsection does not satisfy the requirement of sub. (1) with respect to the promulgation of a specific proposed rule relieve the agency from its obligation to comply with a directive under sub. (1) or the requirement to hold a hearing under s. 227.16.

AB64,1733 Section 1733. 227.17 (1) (intro.) of the statutes is amended to read:

AB64,776,12 227.17 (1) (intro.) If a hearing is required under s. 227.16, the agency shall do all of the following:

AB64,1734 Section 1734 . 227.17 (3) (eg) of the statutes is created to read:

AB64,776,15 227.17 (3) (eg) Any independent economic impact analysis prepared under s. 227.137 (4m).

AB64,1735 Section 1735. 227.17 (3) (em) of the statutes is repealed.

AB64,1736 Section 1736 . 227.185 of the statutes is renumbered 227.185 (1) and amended to read:

AB64,777,2 227.185 (1) After a proposed rule is in final draft form, the agency shall submit the proposed rule to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed rule. If the governor approves a proposed rule, the governor shall provide the agency with a written notice of that approval. No proposed rule may be submitted to the legislature for review under s. 227.19 (2) unless the governor has approved the proposed rule in writing. The agency shall notify the joint committee for review of administrative rules whenever it submits a proposed rule for approval under this subsection.

AB64,1737 Section 1737 . 227.185 (2) of the statutes is created to read:

AB64,777,18 227.185 (2) (a) If an agency makes a germane modification to a proposed rule under s. 227.19 (4) (b) 3., 3m., or 4., the agency shall submit the modification to the governor for approval. The governor, in his or her discretion, may approve or reject the modification, but if the governor does not notify the agency within 10 working days after the date of the agency's submittal that the governor does not approve the modification or that the governor requires additional time to review the modification, the modification shall be considered approved and may be made as proposed by the agency. If the governor approves a modification prior to the expiration of the 10-day period or after notifying the agency that he or she will require additional time to review the modification, he or she shall provide the agency with a written notice of that approval. If the governor does not approve the modification, he or she shall provide the agency with a written notice of that nonapproval and the agency may not promulgate the proposed rule, except that the agency may resubmit the proposed rule to the legislature as provided in s. 227.19 without the modification.

AB64,777,20 (b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm) applies.

AB64,1738 Section 1738 . 227.19 (2) of the statutes is amended to read:

AB64,778,13 227.19 (2) Notification of legislature. An agency shall submit a notice to the chief clerk of each house of the legislature when a proposed rule is in final draft form. The notice shall be submitted in triplicate and shall be accompanied by a report in the form specified under sub. (3). A notice received under this subsection after the last day of the legislature's final general-business floorperiod in the biennial session as established in the joint resolution required under s. 13.02 (3) shall be considered received on the first day of the next regular session of the legislature, unless the presiding officers of both houses direct referral of the notice and report under this subsection before that day. The presiding officer of each house of the legislature shall, within 10 working days following the day on which the notice and report are received, direct the appropriate chief clerk to refer the notice and report to one standing committee. The agency shall submit to the legislative reference bureau for publication in the register, in an electronic format approved by the legislative reference bureau, a statement that a proposed rule has been submitted to the chief clerk of each house of the legislature. The agency shall also include in the statement the date of approval of the proposed rule by the governor under s. 227.185 (1). Each chief clerk shall enter a similar statement in the journal of his or her house.

AB64,1739 Section 1739 . 227.19 (3) (intro.) of the statutes is amended to read:

AB64,778,25 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1); the material specified in s. 227.14 (2), (3), and (4); including any statement, suggested changes, or other material submitted to the agency by the small business regulatory review board; a copy of any economic impact analysis prepared by the agency under s. 227.137 (2); a copy of any revised economic impact analysis prepared by the agency under s. 227.137 (4); a copy of any report prepared by the department of administration under s. 227.137 (6); independent economic impact analysis prepared under s. 227.137 (4m); a copy of any energy impact report received from the public service commission under s. 227.117 (2); and a copy of any recommendations of the legislative council staff. The report shall also include all of the following:

AB64,1740 Section 1740. 227.19 (3) (c) of the statutes is amended to read:

AB64,779,3 227.19 (3) (c) A list of the persons who appeared or registered for or against the proposed rule at a public hearing held under s. 227.136 or 227.16.

AB64,1741 Section 1741 . 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:

AB64,779,11 227.19 (4) (b) 1. (intro.) Except as otherwise provided under subds. 1m. and 5. in this paragraph, the committee review period for each committee extends for 30 days after referral of the proposed rule to the committee under sub. (2). If the chairperson or the cochairpersons of a committee take either of the following actions within the 30-day period, the committee review period for that committee is continued for 30 days from the date on which the first 30-day review period would have expired:

AB64,1742 Section 1742 . 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:

AB64,779,25 227.19 (5) (b) 1. (intro.) Except as otherwise provided in subd. 1m. this paragraph, the review period for the joint committee for review of administrative rules extends for 30 days after the last referral of a proposed rule and any objection to that committee, and during that review period that committee may take any action on the proposed rule in whole or in part permitted under this subsection. The joint committee for review of administrative rules shall meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which a committee has objected and may meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which no committee has objected, except that if the cochairpersons take either of the following actions within the 30-day period, the joint committee review period is continued for 30 days from the date on which the first 30-day review period would have expired:

AB64,1743 Section 1743. 227.19 (5) (b) 3. of the statutes is created to read:

AB64,780,18 227.19 (5) (b) 3. The joint committee for review of administrative rules, by a majority vote of a quorum of the committee, may request the preparation of an independent economic impact analysis for a proposed rule, regardless of whether an independent economic impact analysis was prepared under s. 227.137 (4m). If the joint committee for review of administrative rules requests an independent economic impact analysis under this subdivision, the committee shall notify the agency proposing the proposed rule and shall direct the department of administration to contract with a vendor that is not an agency to prepare the independent economic impact analysis. The vendor preparing the independent economic impact analysis shall comply with s. 227.137 (4m) (c) 1. to 3. Upon completion of an independent economic impact analysis requested under this subdivision, the vendor preparing the analysis may submit a request to the committee for reimbursement of its actual and necessary costs of completing the analysis. Costs of completing the independent economic impact analysis shall be paid as provided in s. 227.137 (4m) (b) 3. a. and b. If the committee requests an independent economic impact analysis under this subdivision, the review period for the committee is extended to the 10th working day following receipt by the committee of the completed analysis.

AB64,1744 Section 1744. 227.24 (1) (a) of the statutes is amended to read:

AB64,780,24 227.24 (1) (a) An agency may, except as provided in s. 227.136 (1), promulgate a rule as an emergency rule without complying with the notice, hearing , and publication requirements under this chapter if preservation of the public peace, health, safety, or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.

AB64,1745 Section 1745 . 227.24 (1) (c) of the statutes is amended to read:

AB64,781,4 227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper on the date the rule is published in the register under s. 35.93 (2) (b) 4. or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 days.

AB64,1746 Section 1746 . 227.24 (1) (d) of the statutes is amended to read:

AB64,781,15 227.24 (1) (d) A rule promulgated under par. (b) takes effect upon publication in the official state newspaper on the date the rule is published in the register under s. 35.93 (2) (b) 4. or on any later date specified in the rule and remains in effect for one year or until it is suspended or the proposed rule corresponding to it is objected to by the joint committee for review of administrative rules, whichever is sooner. If a rule under par. (b) is suspended or a proposed rule under s. 186.235 (21), 215.02 (18) or 220.04 (8) is objected to by the joint committee for review of administrative rules, any person may complete any transaction entered into or committed to in reliance on that rule and shall have 45 days to discontinue other activity undertaken in reliance on that rule.

AB64,1747 Section 1747. 227.24 (1) (e) 1d. of the statutes is amended to read:

AB64,782,4 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in s. 227.135 (3), and hold a preliminary public hearing and comment period if directed under s. 227.136 (1). If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approve approves the statement.

AB64,1748 Section 1748 . 227.24 (2) (a) of the statutes is renumbered 227.24 (2) (a) (intro.) and amended to read:

AB64,782,10 227.24 (2) (a) (intro.) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule for as follows:

AB64,782,14 1. For a period specified by the committee not to exceed 60 days. Any number of extensions may be granted under this paragraph subdivision, but the total period for all extensions under this subdivision may not exceed 120 days. The committee may grant an extension under this subdivision at any time.

AB64,1749 Section 1749 . 227.24 (2) (a) 2. of the statutes is created to read:

AB64,782,21 227.24 (2) (a) 2. For a period specified by the committee that does not extend beyond March 31 of the following year. An extension under this subdivision may be in addition to, and may overlap with, an extension granted under subd. 1. The committee may grant an extension under this subdivision only within 30 days before the last day of the legislature's final general-business floorperiod in the biennial session as established in the joint resolution required under s. 13.02 (3).

AB64,1750 Section 1750 . 227.24 (2) (am) of the statutes is amended to read:

AB64,783,2 227.24 (2) (am) Any request by an agency to extend the effective period of the emergency rule or part of the emergency rule shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the initial expiration date of the emergency rule.

AB64,1751 Section 1751. 227.24 (4) of the statutes is amended to read:

AB64,783,11 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition to any preliminary public hearing and comment period held under sub. (1) (e) 1d., an agency shall hold a public hearing within 45 days after it promulgates a rule under sub. (1). If within that 45-day period the agency submits to the legislative council staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall hold a public hearing on both rules within 90 days after promulgation of the rule under sub. (1), or within 30 days after the agency receives the report on the proposed rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.

AB64,1752 Section 1752. 227.26 (4) of the statutes is created to read:

AB64,783,16 227.26 (4) Repeal of unauthorized rules. (a) In this subsection, “unauthorized rule" means a rule that an agency lacks the authority to promulgate due to the repeal or amendment of the law that previously authorized its promulgation.

AB64,783,20 (b) Notwithstanding ss. 227.114 to 227.117 and 227.135 to 227.19, an agency that promulgated or that otherwise administers a rule that the agency determines is an unauthorized rule may petition the joint committee for review of administrative rules for authorization to repeal that rule by using the following process:

AB64,784,2 1. The agency shall submit a petition with a proposed rule that repeals the rule the agency has determined is an unauthorized rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1) and shall include the material required under s. 227.14 (2) (a) 1., 2., and 7. and a statement that the agency is petitioning the joint committee for review of administrative rules to use the process under this subsection to repeal a rule the agency has determined to be an unauthorized rule.

AB64,784,7 2. The legislative council staff shall review the petition and proposed rule in accordance with s. 227.15 (2) and submit to the joint committee for review of administrative rules the petition and proposed rule with a written report including a statement of its determination as to whether the proposed rule proposes to repeal an unauthorized rule.

AB64,784,11 3. Following receipt of the petition and proposed rule submitted by the legislative council staff under subd. 2., the joint committee for review of administrative rules shall review the petition and proposed rule and may do any of the following:

AB64,784,13 a. Approve the agency's petition if the committee determines that the proposed rule would repeal an unauthorized rule.

AB64,784,14 b. Deny the agency's petition.

AB64,784,16 c. Request that the agency make changes to the proposed rule and resubmit the petition and proposed rule under subd. 1.

AB64,784,18 4. The committee shall inform the agency in writing of its decision as to the petition.

AB64,784,22 (c) If the joint committee for review of administrative rules approves a petition to repeal an unauthorized rule as provided in par. (b) 3. a., the agency may promulgate the proposed rule by filing a certified copy of the rule with the legislative reference bureau under s. 227.20, together with a copy of the committee's decision.

AB64,1753 Section 1753 . 227.52 (7) of the statutes is amended to read:

AB64,785,3 227.52 (7) Those decisions of the department of workforce development which that are subject to administrative review, prior to any judicial review, by the labor and industry review commission.

AB64,1754 Section 1754. 227.55 of the statutes is renumbered 227.55 (1) and amended to read:

AB64,785,19 227.55 (1) Within 30 days after service of the petition for review upon the agency, or within such further time as the court may allow allows, the agency in possession of the record for the decision under review shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings in which the decision under review was made, including all pleadings, notices, testimony, exhibits, findings, decisions, orders, and exceptions, therein; but except that by stipulation of all parties to the review proceedings the record may be shortened by eliminating any portion thereof of the record. Any party, other than the agency that is a party, refusing to stipulate to limit the record may be taxed by the court for the additional costs. The Except as provided in sub. (2), the record may be typewritten or printed. The exhibits may be typewritten, photostated photocopied, or otherwise reproduced, or, upon motion of any party, or by order of the court, the original exhibits shall accompany the record. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

AB64,1755 Section 1755. 227.55 (2) of the statutes is created to read:

AB64,785,24 227.55 (2) In the case of a record under sub. (1) that is in the possession of the division of hearings and appeals, if any portion of the record is in the form of an audio or video recording, the division may transmit to the reviewing court a copy of that recording in lieu of preparing a transcript, unless the court requests a transcript.

AB64,1756 Section 1756 . 227.59 of the statutes is amended to read:

AB64,786,17 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department, or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County except an action or appeal for the review of any order of the department of workforce development or the department of safety and professional services or findings and orders of the labor and industry review commission which that is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.

AB64,1757 Section 1757 . 230.08 (2) (e) 3e. of the statutes is amended to read:

AB64,786,19 230.08 (2) (e) 3e. Corrections — 7 8.

AB64,1758 Section 1758. 230.08 (2) (pd) of the statutes is repealed.

AB64,1759 Section 1759. 230.08 (2) (wh) of the statutes is repealed.

AB64,1760 Section 1760 . 230.08 (2) (xc) of the statutes is repealed.

AB64,1761 Section 1761. 230.08 (4) (d) of the statutes is repealed.

AB64,1762 Section 1762. 230.13 (1) (intro.) of the statutes is amended to read:

AB64,787,3 230.13 (1) (intro.) Except as provided in sub. (3) and ss. 19.36 (10) to (12) and (11) and 103.13, the director and the administrator may keep records of the following personnel matters closed to the public:

AB64,1763 Section 1763. 230.337 of the statutes is repealed.

AB64,1764 Section 1764. 230.44 (1) (f) of the statutes is repealed.

AB64,1765 Section 1765 . 230.44 (4) (bm) of the statutes is amended to read:

AB64,787,21 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision of the administrator made under s. 230.09 (2) (a) or (d), the appeal shall be heard by a the commissioner or an attorney employed by the commission serving as arbitrator under rules promulgated for this purpose by the commission. In such an arbitration, the arbitrator shall orally render a decision at the conclusion of the hearing affirming, modifying, or rejecting the decision of the administrator. The decision of the arbitrator is final and is not subject to review by the commission. An arbitrator's decision may not be cited as precedent in any other proceeding before the commission or before any court. The arbitrator shall promptly file his or her decision with the commission. The decision of the arbitrator shall stand as the decision of the commission. The decision of the commission is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud, or undue means or that the arbitrator or the commission exceeded the arbitrator's or the commission's power. The record of a proceeding under this paragraph shall be transcribed as provided in s. 227.44 (8).

AB64,1766 Section 1766 . 230.45 (1) (am) of the statutes is amended to read:

AB64,787,25 230.45 (1) (am) Designate a commissioner or Serve as an arbitrator, or designate an attorney employed by the commission to serve as an arbitrator, in arbitrations under s. 230.44 (4) (bm).

AB64,1767 Section 1767. 230.85 (3) (b) of the statutes is amended to read:

AB64,788,13 230.85 (3) (b) If, after hearing, the division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the division of equal rights must find that s. 802.05 (2) or 895.044 has been violated.

AB64,1768 Section 1768. 231.01 (7) (d) 2. of the statutes is amended to read:

AB64,788,16 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or 464, or the substantially equivalent laws or rules of another state.

AB64,1769 Section 1769. 233.13 (intro.) of the statutes is amended to read:

AB64,788,20 233.13 Closed records. (intro.) Except as provided in ss. 19.36 (10) to (12) and (11) and 103.13, the authority may keep records of the following personnel matters closed to the public:

AB64,1770 Section 1770 . 238.123 of the statutes is repealed.

AB64,1771 Section 1771 . 238.124 of the statutes is created to read:

AB64,788,24 238.124 Loan limitations. (1) Each loan the corporation originates is subject to all of the following limitations:

AB64,789,4 (a) Except for a loan issued under the corporation's technology development loan program as that program was constituted on January 1, 2015, the loan may not be funded from any appropriation to the corporation and shall be funded only from repayments of other loans.

AB64,789,6 (b) The loan may not be forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals.

AB64,789,10 (2) Each new lending program the corporation implements or administers shall adhere as closely as practicable to commonly accepted commercial lending practices. The corporation shall adopt policies and procedures implementing this subsection.

AB64,1772 Section 1772. 238.15 (1) (L) of the statutes is renumbered 238.15 (1) (L) 1. and amended to read:

AB64,789,16 238.15 (1) (L) 1. For taxable years beginning after December 31, 2010 and before January 1, 2017, it has not received more than $8,000,000 in investments that have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.