SB887,104,2525
3. Considering any raised concerns in drafting the economic impact analysis.
SB887,105,3
14. Documenting in the economic impact analysis the persons who were
2consulted and whether the agency's determination is disputed by any of the affected
3persons.
SB887,143
4Section 143
. 227.137 (3m) of the statutes is created to read:
SB887,105,165
227.137
(3m) (a) When soliciting comments under sub. (3) for an economic
6impact analysis, an agency shall accept comments for a period of at least 14 calendar
7days if, under s. 227.135 (1) (g), the statement of scope for the proposed rule indicates
8that the proposed rule will have minimal or no economic impact, at least 30 calendar
9days if it indicates a moderate economic impact, and at least 60 calendar days if it
10indicates a significant economic impact or if the agency anticipates that the proposed
11rule will result in $10,000,000 or more in implementation and compliance costs being
12incurred by or passed along to businesses, local governmental units, and individuals
13over any 2-year period. If the agency subsequently determines that the anticipated
14economic impact will be greater than indicated in the statement of scope, the agency
15shall adjust the comment period accordingly. An agency may not reduce a comment
16period once determined under this subsection.
SB887,105,1817
(b) This subsection does not apply to a person preparing an independent
18economic impact analysis under sub. (4m).
SB887,144
19Section 144
. 227.137 (4) of the statutes is amended to read:
SB887,106,1220
227.137
(4) On the same day that the agency submits the economic impact
21analysis to the legislative council staff under s. 227.15 (1), the agency shall also
22submit that analysis to the department of administration, to the governor, and to the
23chief clerks of each house of the legislature, who shall distribute the analysis to the
24presiding officers of their respective houses, to the chairpersons of the appropriate
25standing committees of their respective houses, as designated by those presiding
1officers, and to the cochairpersons of the joint committee for review of administrative
2rules. If a proposed rule is modified after the economic impact analysis is submitted
3under this subsection so that the economic impact of the proposed rule is
4significantly changed, the agency shall prepare a revised economic impact analysis
5for the proposed rule as modified.
For purposes of this subsection, a significant
6change includes an increase or a decrease of at least 10 percent or $50,000, whichever
7is greater, in the expected implementation and compliance costs reasonably expected
8to be incurred by or passed along to a majority of the businesses, local governmental
9units, and individuals as a result of the proposed rule, as identified under sub. (3) (b),
10or a significant change in the persons expected to be affected by the proposed rule. 11A revised economic impact analysis shall be prepared and submitted in the same
12manner as an original economic impact analysis is prepared and submitted.
SB887,145
13Section
145. 227.138 (1) (intro.) of the statutes is renumbered 227.138 (1) and
14amended to read:
SB887,106,2015
227.138
(1) The joint committee for review of administrative rules may direct
16an agency to prepare a retrospective economic impact analysis for any of an agency's
17rules that are published in the code. The committee may identify one or more specific
18chapters, sections, or other subunits in the code that are administered by the agency
19as the rules that are to be the subject of the analysis and may specify a deadline for
20the preparation of the analysis.
SB887,107,7
21(1r) A retrospective economic impact analysis shall contain information on the
22economic effect of the rules on specific businesses, business sectors, public utility
23ratepayers, local governmental units, and the state's economy as a whole. When
24preparing the analysis, the agency
or person preparing the analysis shall solicit
25information and advice from businesses, associations representing businesses, local
1governmental units, and individuals that have been affected by the rules. The
2agency
or person shall prepare the retrospective economic impact analysis in
3coordination with local governmental units that have been affected by the rules. The
4agency
or person may request information that is reasonably necessary for the
5preparation of a retrospective economic impact analysis from other businesses,
6associations, local governmental units, and individuals and from other agencies.
7The retrospective economic impact analysis shall include all of the following:
SB887,146
8Section 146
. 227.138 (1) (a) to (h) of the statutes are renumbered 227.138 (1r)
9(a) to (h).
SB887,147
10Section
147. 227.138 (1g) of the statutes is created to read:
SB887,107,1911
227.138
(1g) Within 90 days
after an agency submits a retrospective economic
12impact analysis under sub. (2), either cochairperson of the joint committee for review
13of administrative rules may request an independent retrospective economic impact
14analysis to be prepared using the same procedure and payment methods described
15under s. 227.137 (4m) (am) and (b). A person preparing an independent retrospective
16economic impact analysis under this subsection shall prepare the independent
17retrospective economic impact analysis for the same rules that were the subject of
18the agency's analysis under sub. (1) and shall include the information that is
19required under sub. (1r).
SB887,148
20Section 148
. 227.138 (2) of the statutes is amended to read:
SB887,108,521
227.138
(2) An agency
or person that prepares a retrospective economic impact
22analysis under sub. (1)
or (1g) shall submit that analysis to the department of
23administration, to the governor, and to the chief clerks of each house of the
24legislature, who shall distribute the analysis to the presiding officers of their
25respective houses, to the chairpersons of the appropriate standing committees of
1their respective houses, as designated by those presiding officers, and to the
2cochairpersons of the joint committee for review of administrative rules. The agency
3or person shall also send an electronic copy of the analysis to the legislative reference
4bureau, in a format approved by the legislative reference bureau, for publication in
5the register.
SB887,149
6Section 149
. 227.18 (3m) of the statutes is created to read:
SB887,108,87
227.18
(3m) If, after holding a hearing under this section, an agency makes any
8changes to the proposed rule, the agency shall do all of the following:
SB887,108,119
(a) Review the statement of scope of the proposed rule prepared under s.
10227.135 to determine whether a revised statement of scope is required under s.
11227.135 (4).
SB887,108,1412
(b) Review the economic impact analysis for the proposed rule prepared under
13s. 227.137 to determine whether a revised economic impact analysis is required
14under s. 227.137 (4).
SB887,150
15Section 150
. 227.185 of the statutes is amended to read:
SB887,108,24
16227.185 Approval by governor. After a proposed rule is in final draft form,
17the agency shall submit the proposed rule to the governor for approval. The governor,
18in his or her discretion, may approve or reject the proposed rule. If the governor
19approves a proposed rule, the governor shall provide the agency with a written notice
20of that approval. No proposed rule may be submitted to the legislature for review
21under s. 227.19 (2) unless the governor has approved the proposed rule in writing.
22The agency shall notify the joint committee for review of administrative rules
23whenever it submits a proposed rule for approval under this section.
This section
24does not apply to proposed rules prepared by the department of public instruction.
SB887,151
25Section
151. 227.20 (3) (a) of the statutes is amended to read:
SB887,109,1
1227.20
(3) (a) That the rule was
duly promulgated by the agency.
SB887,152
2Section
152. 227.20 (3) (c) of the statutes is repealed.
SB887,153
3Section 153
. 227.24 (1) (e) 1d. of the statutes is amended to read:
SB887,109,164
227.24
(1) (e) 1d. Prepare a statement of the scope of the proposed emergency
5rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s.
6227.135 (2), send the statement to the legislative reference bureau for publication in
7the register as provided in s. 227.135 (3), and hold a preliminary public hearing and
8comment period if directed under s. 227.136 (1). If the agency changes the scope of
9a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare
10and obtain approval of a revised statement of the scope of the proposed emergency
11rule as provided in s. 227.135 (4). No state employee or official may perform any
12activity in connection with the drafting of a proposed emergency rule
, except for an
13activity necessary to prepare the statement of the scope of the proposed emergency
14rule
, until the governor
approves the statement, if such approval is required, and the
15individual or body with policy-making powers over the subject matter of the
16proposed emergency rule
approve approves the statement.
SB887,154
17Section 154
. 227.24 (1) (e) 1g. of the statutes is amended to read:
SB887,109,2518
227.24
(1) (e) 1g. Submit the proposed emergency rule in final draft form to the
19governor for approval. The governor, in his or her discretion, may approve or reject
20the proposed emergency rule. If the governor approves a proposed emergency rule,
21the governor shall provide the agency with a written notice of that approval. An
22agency may not file an emergency rule with the legislative reference bureau as
23provided in s. 227.20 and an emergency rule may not be published until the governor
24approves the emergency rule in writing.
This subdivision does not apply to proposed
25emergency rules of the department of public instruction.
SB887,155
1Section
155. 227.26 (2) (im) of the statutes is created to read:
SB887,110,42
227.26
(2) (im)
Multiple suspensions. Notwithstanding pars. (i) and (j), the
3committee may act to suspend a rule as provided under this subsection multiple
4times.
SB887,156
5Section 156
. 227.40 (1) of the statutes is amended to read:
SB887,110,226
227.40
(1) Except as provided in sub. (2), the exclusive means of judicial review
7of the validity of a rule
or guidance document shall be an action for declaratory
8judgment as to the validity of the rule
or guidance document brought in the circuit
9court for the county where the party asserting the invalidity of the rule
or guidance
10document resides or has its principal place of business or, if that party is a
11nonresident or does not have its principal place of business in this state, in the circuit
12court for the county where the dispute arose. The officer or other agency whose rule
13or guidance document is involved shall be the party defendant. The summons in the
14action shall be served as provided in s. 801.11 (3) and by delivering a copy to that
15officer or, if the agency is composed of more than one person, to the secretary or clerk
16of the agency or to any member of the agency. The court shall render a declaratory
17judgment in the action only when it appears from the complaint and the supporting
18evidence that the rule
or guidance document or its threatened application interferes
19with or impairs, or threatens to interfere with or impair, the legal rights and
20privileges of the plaintiff. A declaratory judgment may be rendered whether or not
21the plaintiff has first requested the agency to pass upon the validity of the rule
or
22guidance document in question.
SB887,157
23Section 157
. 227.40 (2) (intro.) of the statutes is amended to read:
SB887,110,2524
227.40
(2) (intro.) The validity of a rule
or guidance document may be
25determined in any of the following judicial proceedings when material therein:
SB887,158
1Section
158. 227.40 (2) (e) of the statutes is amended to read:
SB887,111,62
227.40
(2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.50,
3106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for
4review of decisions and orders of administrative agencies if the validity of the rule
5or guidance document involved was duly challenged in the proceeding before the
6agency in which the order or decision sought to be reviewed was made or entered.
SB887,159
7Section 159
. 227.40 (3) (intro.) of the statutes is renumbered 227.40 (3) (ag)
8and amended to read:
SB887,111,189
227.40
(3) (ag) In any judicial proceeding other than one
set out above under
10sub. (1) or (2), in which the invalidity of a rule
or guidance document is material to
11the cause of action or any defense thereto, the assertion of
such that invalidity shall
12be set forth in the pleading of the party
so maintaining the invalidity of
such the rule
13or guidance document in that proceeding. The party
so asserting the invalidity of
14such the rule
or guidance document shall, within 30 days after the service of the
15pleading in which the party sets forth
such the invalidity, apply to the court in which
16such the proceedings are had for an order suspending the trial of
said the proceeding
17until after a determination of the validity of
said
the rule
or guidance document in
18an action for declaratory judgment under sub. (1)
hereof.
SB887,160
19Section 160
. 227.40 (3) (a) of the statutes is renumbered 227.40 (3) (ar) and
20amended to read:
SB887,112,221
227.40
(3) (ar) Upon the hearing of
such the application
, if the court is satisfied
22that the validity of
such the rule
or guidance document is material to the issues of
23the case, an order shall be entered staying the trial of said proceeding until the
24rendition of a final declaratory judgment in proceedings to be instituted forthwith
25by the party asserting the invalidity of
such
the rule
or guidance document. If the
1court
shall find finds that the asserted invalidity of
a the rule
or guidance document 2is not material to the case, an order shall be entered denying the application for stay.
SB887,161
3Section 161
. 227.40 (3) (b) and (c) of the statutes are amended to read:
SB887,112,104
227.40
(3) (b) Upon the entry of a final order in
said the declaratory judgment
5action, it shall be the duty of the party who asserts the invalidity of the rule
or
6guidance document to formally advise the court of the outcome of the declaratory
7judgment action so brought as ordered by the court. After the final disposition of the
8declaratory judgment action the court shall be bound by and apply the judgment so
9entered in the trial of the proceeding in which the invalidity of the rule
or guidance
10document is asserted.
SB887,112,1511
(c) Failure to set forth
the invalidity of a rule
or guidance document in a
12pleading or to commence a declaratory judgment proceeding within a reasonable
13time pursuant to
such the order of the court or to prosecute
such the declaratory
14judgment action without undue delay shall preclude
such the party from asserting
15or maintaining
such that the rule
or guidance document is invalid.
SB887,162
16Section 162
. 227.40 (4) (a) of the statutes is amended to read:
SB887,112,2117
227.40
(4) (a) In any proceeding pursuant to this section for judicial review of
18a rule
or guidance document, the court shall declare the rule
or guidance document 19invalid if it finds that it violates constitutional provisions or exceeds the statutory
20authority of the agency or was promulgated
or adopted without compliance with
21statutory rule-making
or adoption procedures.
SB887,163
22Section 163
. 227.40 (6) of the statutes is amended to read:
SB887,113,423
227.40
(6) Upon entry of a final order in a declaratory judgment action under
24sub. (1)
with respect to a rule, the court shall send an electronic notice to the
25legislative reference bureau of the court's determination as to the validity or
1invalidity of the rule, in a format approved by the legislative reference bureau, and
2the legislative reference bureau shall publish a notice of that determination in the
3Wisconsin administrative register under s. 35.93 (2) and insert an annotation of that
4determination in the Wisconsin administrative code under s. 13.92 (4) (a).
SB887,164
5Section
164. 227.46 (1) (h) of the statutes is amended to read:
SB887,113,76
227.46
(1) (h)
Make or recommend
Recommend findings of fact, conclusions of
7law and decisions to the extent permitted by law.
SB887,165
8Section
165. 227.46 (2) of the statutes is amended to read:
SB887,113,229
227.46
(2) Except as provided in sub. (2m) and s. 227.47 (2), in any contested
10case which is a class 2 or class 3 proceeding, where a majority of the officials of the
11agency who are to render the final decision are not present for the hearing, the
12hearing examiner presiding at the hearing shall prepare a proposed decision,
13including findings of fact, conclusions of law, order and opinion, in a form that may
14be adopted
by the agency as the final decision in the case
under s. 227.47 (3). The
15proposed decision shall be a part of the record and shall be served by the agency on
16all parties. Each party adversely affected by the proposed decision shall be given an
17opportunity to file objections to the proposed decision, briefly stating the reasons and
18authorities for each objection, and to argue with respect to them before the officials
19who are to participate in the decision. The agency may direct whether such
20argument shall be written or oral. If an agency's decision varies in any respect from
21the
proposed decision of the hearing examiner, the agency's decision shall include an
22explanation of the basis for each variance.
SB887,166
23Section
166. 227.46 (2m) of the statutes is amended to read:
SB887,114,1624
227.46
(2m) In any hearing or review assigned to a hearing examiner under
25s. 227.43 (1) (bg), the hearing examiner presiding at the hearing shall prepare a
1proposed decision, including findings of fact, conclusions of law, order and opinion,
2in a form that may be adopted
by the agency as the final decision in the case
under
3s. 227.47 (3). The proposed decision shall be a part of the record and shall be served
4by the division of hearings and appeals in the department of administration on all
5parties. Each party adversely affected by the proposed decision shall be given an
6opportunity to file objections to the proposed decision within 15 days, briefly stating
7the reasons and authorities for each objection, and to argue with respect to them
8before the administrator of the division of hearings and appeals. The administrator
9of the division of hearings and appeals may direct whether such argument shall be
10written or oral. If the decision of the administrator of the division of hearings and
11appeals varies in any respect from the
proposed decision of the hearing examiner, the
12decision of the administrator of the division of hearings and appeals shall include an
13explanation of the basis for each variance. The decision of the administrator of the
14division of hearings and appeals is a final decision of the agency subject to judicial
15review under s. 227.52. The department of transportation may petition for judicial
16review.
SB887,167
17Section
167. 227.46 (3) (a) of the statutes is repealed.
SB887,168
18Section
168. 227.46 (8) of the statutes is repealed.
SB887,169
19Section
169. 227.47 (1) of the statutes is amended to read:
SB887,115,320
227.47
(1) Except as provided in sub. (2), every proposed
or final decision of
an
21agency or a hearing examiner following a hearing and every final decision of an
22agency shall be in writing accompanied by findings of fact and conclusions of law.
23The findings of fact shall consist of a concise and separate statement of the ultimate
24conclusions upon each material issue of fact without recital of evidence. Every
25proposed or final decision shall include a list of the names and addresses of all
1persons who appeared before the agency in the proceeding who are considered
2parties for purposes of review under s. 227.53. The agency shall by rule establish a
3procedure for determination of parties.
SB887,170
4Section
170. 227.47 (3) of the statutes is created to read:
SB887,115,135
227.47
(3) Every final decision of an agency in a contested case shall be
6approved, signed, and dated by the agency head and shall include a signed
7certification stating as follows: “I hereby certify that this decision complies with the
8requirements of chapter 227 of the Wisconsin Statutes and constitutes the final
9agency action in this matter. I further certify that this decision contains no standard,
10requirement, or threshold that is not explicitly required or explicitly permitted by
11statute or a rule that has been lawfully promulgated and that this decision contains
12no standard, requirement, or threshold that is more restrictive than a standard,
13requirement, or threshold contained in the Wisconsin Statutes.”
SB887,171
14Section 171
. 227.57 (11) of the statutes is amended to read:
SB887,115,1815
227.57
(11) Upon review of an agency action or decision
affecting a property
16owner's use of the property owner's property, the court shall accord no deference to
17the agency's interpretation of law
if the agency action or decision restricts the
18property owner's free use of the property owner's property.
SB887,172
19Section
172. 230.08 (2) (sb) of the statutes is repealed.
SB887,173
20Section
173. 238.02 (1) of the statutes is amended to read:
SB887,116,1321
238.02
(1) There is created an authority, which is a public body corporate and
22politic, to be known as the “Wisconsin Economic Development Corporation." The
23members of the board shall consist of 6 members nominated by the governor, and
24with the advice and consent of the senate appointed, to serve at the pleasure of the
25governor;
3 5 members appointed by the speaker of the assembly
, consisting of one
1majority and one minority party representative to the assembly, appointed as are the
2members of standing committees in the assembly, and one person employed in the
3private sector, to serve
at the speaker's pleasure; and 3 4-year terms; one member
4appointed by the minority leader of the assembly to serve a 4-year term; 5 members
5appointed by the senate majority leader
, consisting of one majority and one minority
6party senator, appointed as are members of standing committees in the senate, and
7one person employed in the private sector, to serve
at the majority leader's pleasure 84-year terms; and one member appointed by the minority leader of the senate to
9serve a 4-year term. The secretary of administration and the secretary of revenue
10shall also serve on the board as nonvoting members. The board shall elect a
11chairperson from among its nonlegislative voting members.
A vacancy on the board
12shall be filled in the same manner as the original appointment to the board for the
13remainder of the unexpired term, if any.
SB887,174
14Section 174
. 238.02 (2) of the statutes is amended to read:
SB887,116,1915
238.02
(2) A majority of the
voting appointed members of the board
currently
16serving constitutes a quorum for the purpose of conducting its business and
17exercising its powers and for all other purposes
, notwithstanding the existence of any
18vacancies. Action may be taken by the board upon a vote of a majority of the
voting 19appointed members present.
SB887,175
20Section
175. 238.02 (3) of the statutes is amended to read:
SB887,116,2521
238.02
(3) A chief executive officer shall be nominated by the
governor board,
22and with the advice and consent of the senate appointed, to serve at the pleasure of
23the
governor board. The board may delegate to the chief executive officer any powers
24and duties the board considers proper. The chief executive officer shall receive such
25compensation as may be determined by the board.
SB887,176
1Section
176. 238.04 (15) of the statutes is created to read:
SB887,117,32
238.04
(15) Appoint and supervise the economic development liaison project
3position created in
2017 Wisconsin Act 58, section
61 (1).
SB887,177
4Section 177
. 238.399 (3) (a) of the statutes is amended to read:
SB887,117,65
238.399
(3) (a) The corporation may designate
not more than 30 any number
6of enterprise zones
in this state.
SB887,178
7Section
178. 238.399 (3) (am) of the statutes is created to read:
SB887,117,98
238.399
(3) (am) The corporation may not designate a new enterprise zone
9under par. (a) except as follows:
SB887,117,1310
1. Before the corporation designates a new enterprise zone, the corporation
11shall notify the joint committee on finance in writing of the corporation's intention
12to designate a new enterprise zone. The notice shall describe the new zone and the
13purposes for which the corporation proposes to designate the new zone.
SB887,117,2214
2. If, within 14 working days after the date of the corporation's notice under
15subd. 1., the cochairpersons of the joint committee on finance do not notify the
16corporation that the committee has scheduled a meeting to review the corporation's
17proposal, the corporation may designate the new enterprise zone as proposed in the
18corporation's notice. If, within 14 working days after the date of the corporation's
19notice under subd. 1., the cochairpersons of the committee notify the corporation that
20the committee has scheduled a meeting to review the corporation's proposal, the
21corporation may designate the new enterprise zone only upon approval of the
22committee.
SB887,179
23Section 179
. 238.399 (3) (e) of the statutes is repealed.
SB887,180
24Section 180
. 281.665 (5) (d) of the statutes is amended to read:
SB887,118,5
1281.665
(5) (d) Notwithstanding pars. (a) to (c), during the 2017-19
and
22019-21 fiscal
biennium bienniums, the department shall consider an applicant to
3be eligible for a cost-sharing grant for a project under this section if the project is
4funded or executed in whole or in part by the U.S. army corps of engineers under
33
5USC 701s.
SB887,181
6Section
181. 301.03 (16) of the statutes is created to read:
SB887,118,97
301.03
(16) At the request of the legislature, submit to the legislature under
8s. 13.172 (2) a report that includes the following information and post the report on
9the department's website:
SB887,118,1310
(a) If, since the previous report was submitted or during a date range specified
11in the request, an individual was pardoned for a crime or was released from a term
12of imprisonment without completing his or her sentence, the name of the individual,
13the pertinent crime, and the name of the person who authorized the action.
SB887,118,1614
(b) If an individual who appears on a report submitted under this subsection
15is convicted of a crime, the name of that individual and the crime for which he or she
16was convicted.
SB887,182
17Section 182
. 343.165 (8) of the statutes is created to read:
SB887,118,2018
343.165
(8) Notwithstanding subs. (1) to (4), for an applicant requesting that
19an identification card be provided without charge for purposes of voting, all of the
20following apply:
SB887,118,2521
(a) Except as provided in par. (b), if a person is unable to provide proof of name
22and date of birth, and the documents are unavailable to the person, the person may
23make a written petition to the department for an exception to the requirements of
24sub. (1) (a) or (b). The application shall include proof of identity and all of the
25following:
SB887,119,2
11. A certification of the person's name, date of birth, and current residence
2street address on the department's form.
SB887,119,43
2. An explanation of the circumstances by which the person is unable to provide
4proof of name and date of birth.
SB887,119,65
3. Whatever documentation is available that states the person's name and date
6of birth.