SB887: Bill Text

SB887,87,22 b. The union maintains records of unemployed members and the referral activities of these members, and the union allows the department to inspect those records.

SB887,87,25 c. The union provides, upon the request of the department, any information regarding a claimant's registration with the union or any referrals for employment it has made to the claimant.

SB887,88,3 d. Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant.

SB887,88,6 e. The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the union.

SB887,88,8 f. The union enters into an agreement with the department regarding the requirements of this subdivision.

SB887,88,9 4. The claimant is summoned to serve as a prospective or impaneled juror.

SB887,88,14 5. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work registration requirements.

SB887,88,16 6. The claimant is unable to complete registration due to circumstances that the department determines are beyond the claimant's control.

SB887,112 Section 112 . 108.04 (2) (bb) of the statutes is created to read:

SB887,88,19 108.04 (2) (bb) The department shall, except as provided under par. (bd), waive the work search requirement under par. (a) 3. if any of the following applies:

SB887,88,20 1. A reason specified in par (b) 1., 2., 3., or 4.

SB887,88,21 2. The claimant performs any work for his or her customary employer.

SB887,89,2 3. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work search requirements.

SB887,89,4 4. The claimant has not complied with the requirement because of an error made by personnel of the department.

SB887,89,7 5. The claimant's most recent employer failed to post appropriate notice posters as to claiming unemployment benefits as required by the department by rule, and the claimant was not aware of the work search requirement.

SB887,89,11 6. The claimant has been referred for reemployment services, is participating in such services, or is not participating in such services, but has good cause for failure to participate. For purposes of this subdivision, a claimant has good cause if he or she is unable to participate due to any of the following:

SB887,89,12 a. A reason specified in subd. 3. or par (b) 4.

SB887,89,13 b. The claimant is employed.

SB887,89,14 c. The claimant is attending a job interview.

SB887,89,16 d. Circumstances that the department determines are beyond the claimant's control.

SB887,113 Section 113 . 108.04 (2) (bd) of the statutes is created to read:

SB887,89,20 108.04 (2) (bd) The department may, by rule, do any of the following if doing so is necessary to comply with a requirement under federal law or is specifically allowed under federal law:

SB887,89,21 1. Modify the availability of any waiver under par. (b) or (bb).

SB887,89,22 2. Establish additional waivers from the requirements under par. (a) 2. and 3.

SB887,114 Section 114 . 108.04 (2) (bm) of the statutes is amended to read:

SB887,90,6 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to conduct a reasonable search for suitable comply with the registration for work and work and search requirements under par. (a) 2. or 3. or failed to provide verification to the department that the claimant complied with those requirements, unless the department has not waived the search requirement those requirements under par. (b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under s. 108.22.

SB887,115 Section 115. 165.055 (3) of the statutes is repealed.

SB887,116 Section 116 . 165.07 of the statutes is created to read:

SB887,90,13 165.07 Intervention by joint committee on legislative organization. If the joint committee on legislative organization intervenes in an action in state or federal court as permitted under s. 803.09 (2m), the attorney general shall notify the court of the substitution of counsel by special counsel appointed by the joint committee on legislative organization and may not participate in the action.

SB887,117 Section 117 . 165.08 of the statutes is renumbered 165.08 (1) and amended to read:

SB887,91,2 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor only by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

SB887,91,5 (2) In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

SB887,118 Section 118 . 165.10 of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

SB887,91,20 165.10 Limits on expenditure Deposit of discretionary settlement funds. Notwithstanding s. 20.455 (3), before the The attorney general may expend shall deposit all settlement funds under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee into the general fund.

SB887,119 Section 119 . 165.25 (1) of the statutes is amended to read:

SB887,92,10 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), if the joint committee on legislative organization does not intervene as permitted under s. 803.09 (2m), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. Nothing The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time, and if the committee intervenes, the attorney general shall notify the court of the substitution of counsel by special counsel appointed by the committee to represent the state and may not participate in the action, proceeding, or case. Unless the joint committee on legislative organization intervenes as permitted under s. 803.09 (2m), nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter in any other matter.

SB887,120 Section 120 . 165.25 (1m) of the statutes is amended to read:

SB887,92,25 165.25 (1m) Represent state in other matters. If the joint committee on legislative organization does not intervene as permitted under s. 803.09 (2m), if requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time, and if the committee intervenes, the attorney general shall notify the court of the substitution of counsel by special counsel appointed by the committee to represent the state and may not participate in the cause or matter. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

SB887,121 Section 121. 165.25 (6) (a) of the statutes is renumbered 165.25 (6) (a) 1. and amended to read:

SB887,93,24 165.25 (6) (a) 1. At Except as provided in ss. 806.04 (11) and 893.825 (2), at the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

SB887,94,12 2. Members, officers, and employees of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the injured patients and families compensation fund peer review council created under s. 655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims, or other matters arising before, on, or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

SB887,122 Section 122. 227.01 (3m) of the statutes is created to read:

SB887,94,17 227.01 (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:

SB887,94,20 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.

SB887,94,23 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.

SB887,94,24 (b) “Guidance document" does not include any of the following:

SB887,95,2 1. A rule that has been promulgated and that is currently in effect or a proposed rule that is in the process of being promulgated.

SB887,95,6 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.

SB887,95,10 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).

SB887,95,12 4. Any document that any statute specifically provides is not required to be promulgated as a rule.

SB887,95,13 5. A declaratory ruling issued under s. 227.41.

SB887,95,14 6. A pleading or brief filed in court by the state, an agency, or an agency official.

SB887,95,17 7. A letter or written legal advice of the department of justice or a formal or informal opinion of the attorney general, including an opinion issued under s. 165.015 (1).

SB887,95,19 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.

SB887,95,21 9. Any document or communication that is not subject to the right of inspection and copying under s. 19.35 (1).

SB887,123 Section 123. 227.01 (13) (intro.) of the statutes is amended to read:

SB887,96,5 227.01 (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:

SB887,124 Section 124 . 227.05 of the statutes is created to read:

SB887,96,12 227.05 Agency publications. An agency shall identify the applicable provision of federal law or the applicable state statutory or administrative code provision that supports any statement or interpretation of law that the agency makes in any publication, whether in print or on the agency's Internet site, including guidance documents, forms, pamphlets, or other informational materials, regarding the laws the agency administers.

SB887,125 Section 125. Subchapter II (title) of chapter 227 [precedes 227.10] of the statutes is amended to read:

SB887,96,15 Chapter 227

SB887,96,16 Subchapter II

SB887,96,18 ADMINISTRATIVE RULES and GUIDANCE DOCUMENTS

SB887,126 Section 126 . 227.10 (2g) of the statutes is created to read:

SB887,96,21 227.10 (2g) No agency may seek deference in any proceeding based on the agency's interpretation of any law.

SB887,127 Section 127 . 227.11 (title) of the statutes is amended to read:

SB887,96,24 227.11 (title) Extent to which chapter confers Agency rule-making authority.

SB887,128 Section 128 . 227.11 (3) of the statutes is created to read:

SB887,97,6 227.11 (3) (a) A plan that is submitted to the federal government for the purpose of complying with a requirement of federal law does not confer rule-making authority and cannot be used by an agency as authority to promulgate rules. No agency may agree to promulgate a rule as a component of a compliance plan unless the agency has explicit statutory authority to promulgate the rule at the time the compliance plan is submitted.

SB887,97,12 (b) A settlement agreement, consent decree, or court order does not confer rule-making authority and cannot be used by an agency as authority to promulgate rules. No agency may agree to promulgate a rule as a term in any settlement agreement, consent decree, or stipulated order of a court unless the agency has explicit statutory authority to promulgate the rule at the time the settlement agreement, consent decree, or stipulated order of a court is executed.

SB887,129 Section 129. 227.112 of the statutes is created to read:

SB887,97,19 227.112 Guidance documents. (1) (a) Before adopting a guidance document, an agency shall submit to the legislative reference bureau the proposed guidance document with a notice of a public comment period on the proposed guidance document under par. (b), in a format approved by the legislative reference bureau, for publication in the register. The notice shall specify the place where comments should be submitted and the deadline for submitting those comments.

SB887,98,2 (b) The agency shall provide for a period for public comment on a proposed guidance document submitted 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 published in the register under s. 35.93 (2) (b) 3. im. The agency may not adopt the proposed guidance document until the comment period has concluded and the agency has complied with par. (d).

SB887,98,4 (c) An agency may hold a public comment period shorter than 21 days with the approval of the governor.

SB887,98,8 (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.

SB887,98,15 (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.

SB887,98,22 (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. An agency that proposes to rely on a guidance document to the detriment of a person in any 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.

SB887,99,3 (4) If an agency proposes to act in any 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 any 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.

SB887,99,6 (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.

SB887,99,16 (6) Any guidance document shall be signed by the secretary or head of the agency below the following certification: “I have reviewed this guidance document or proposed guidance document and I certify that it complies with sections 227.10 and 227.11 of the Wisconsin Statutes. I further certify that the guidance document or proposed guidance document contains no standard, requirement, or threshold that is not explicitly required or explicitly permitted by a statute or a rule that has been lawfully promulgated. I further certify that the guidance document or proposed guidance document contains no standard, requirement, or threshold that is more restrictive than a standard, requirement, or threshold contained in the Wisconsin Statutes.”

SB887,99,21 (7) This section does not apply to guidance documents adopted before the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], but on that date any guidance document that has not been adopted in accordance with sub. (1) or that does not contain the certification required under sub. (6) shall be considered rescinded.

SB887,99,24 (8) The legislative council staff shall provide agencies with assistance in determining whether documents and communications are guidance documents that are subject to the requirements under this section.

SB887,130 Section 130 . 227.13 of the statutes is amended to read:

SB887,100,8 227.13 Advisory committees and informal consultations. An agency may use informal conferences and consultations to obtain the viewpoint and advice of interested persons with respect to contemplated rule making. An agency also may also appoint a committee of experts, interested persons or representatives of the public to advise it with respect to any contemplated rule making. The Such a committee shall have advisory powers only. Whenever an agency appoints a committee under this section, the agency shall submit a list of the members of the committee to the joint committee for review of administrative rules.

SB887,131 Section 131. 227.135 (1) (g) of the statutes is created to read:

SB887,100,13 227.135 (1) (g) A statement as to whether the agency anticipates that the proposed rule will have minimal or no economic impact, a moderate economic impact, or a significant economic impact, whether locally, statewide, or on a sector of the economy.

SB887,132 Section 132. 227.135 (1) (h) of the statutes is created to read:

SB887,100,23 227.135 (1) (h) For a proposed emergency rule promulgated under s. 227.24, an explanation of why the rule is necessary for the preservation of the public peace, health, safety, or welfare. If the rule is exempt from the required finding of emergency, the statement of scope shall cite the act number and section or the statute section authorizing the promulgation of an emergency rule or a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules under s. 227.26 (2) (b). The agency shall also include a statement as to whether the agency will promulgate a corresponding permanent rule and the agency's anticipated time line for promulgating the permanent rule.

SB887,133 Section 133 . 227.135 (2) of the statutes is renumbered 227.135 (2) (a) 1. and amended to read: