AB40-ASA1,1140,52 227.116 (5) If an agency fails to review and make a determination on a permit
3application within the time period specified in a rule or law, upon completion of the
4review and determination for that application, the agency shall notify the
5department of commerce safety and professional services.
AB40-ASA1, s. 2738k 6Section 2738k. 227.137 (3) (f) of the statutes is created to read:
AB40-ASA1,1140,157 227.137 (3) (f) Except as provided in this paragraph, if the economic impact
8analysis relates to a proposed rule of the department of safety and professional
9services under s. 101.63 (1) establishing standards for the construction of a dwelling,
10as defined in s. 101.61 (1), an analysis of whether the proposed rule would increase
11the cost of constructing or remodeling such a dwelling by more than $1,000. This
12paragraph applies notwithstanding that the purpose of the one- and 2-family
13dwelling code under s. 101.60 includes promoting interstate uniformity in
14construction standards. This paragraph does not apply to a proposed rule whose
15promulgation has been authorized under s. 227.19 (5) (fm).
AB40-ASA1, s. 2738m 16Section 2738m. 227.19 (3) (g) of the statutes is amended to read:
AB40-ASA1,1140,1917 227.19 (3) (g) The report of the department of commerce administration, as
18required by s. 227.115, if a proposed rule directly or substantially affects the
19development, construction, cost, or availability of housing in this state.
AB40-ASA1, s. 2739c 20Section 2739c. 227.19 (4) (d) 7. of the statutes is created to read:
AB40-ASA1,1141,321 227.19 (4) (d) 7. In the case of a proposed rule of the department of safety and
22professional services under s. 101.63 (1) establishing standards for the construction
23of a dwelling, as defined in s. 101.61 (1), the proposed rule would increase the cost
24of constructing or remodeling such a dwelling by more than $1,000. This subdivision
25applies notwithstanding that the purpose of the one- and 2-family dwelling code

1under s. 101.60 includes promoting interstate uniformity in construction standards.
2This subdivision does not apply to a proposed rule whose promulgation has been
3authorized under sub. (5) (fm).
AB40-ASA1, s. 2739d 4Section 2739d. 227.19 (5) (c) of the statutes, as affected by 2011 Wisconsin Act
521
, is amended to read:
AB40-ASA1,1141,156 227.19 (5) (c) Agency not to promulgate rule during joint committee review. An
7agency may not promulgate a proposed rule or a part of a proposed rule until the joint
8committee for review of administrative rules nonconcurs in the objection of the
9committee, concurs in the approval of the committee, otherwise approves the
10proposed rule or part of the proposed rule, or waives its jurisdiction over the proposed
11rule or part of the proposed rule under par. (d), until the expiration of the review
12period under par. (b) 1., if no committee has objected to the proposed rule or the part
13of the proposed rule, or until a bill introduced under par. (e) fails to be enacted, or
14until a bill introduced under par. (em) is enacted
. An agency may promulgate any
15part of a proposed rule to which no objection has been made.
AB40-ASA1, s. 2739e 16Section 2739e. 227.19 (5) (d) of the statutes, as affected by 2011 Wisconsin Act
1721
, is amended to read:
AB40-ASA1,1142,418 227.19 (5) (d) Joint committee action. The joint committee for review of
19administrative rules may nonconcur in a committee's objection to a proposed rule or
20a part of a proposed rule, concur in a committee's approval of a proposed rule or a part
21of a proposed rule, otherwise approve a proposed rule or a part of a proposed rule, or
22waive its jurisdiction over a proposed rule or a part of a proposed rule by voting to
23nonconcur, concur, or approve, or to waive its jurisdiction, during the applicable
24review period under par. (b). If Except as provided in par. (dm), if the joint committee
25for review of administrative rules objects to a proposed rule or a part of a proposed

1rule, an agency may not promulgate the proposed rule or part of the proposed rule
2objected to until a bill introduced under par. (e) fails to be enacted. The joint
3committee for review of administrative rules may object to a proposed rule or a part
4of a proposed rule only for one or more of the reasons specified under sub. (4) (d).
AB40-ASA1, s. 2739f 5Section 2739f. 227.19 (5) (dm) of the statutes is created to read:
AB40-ASA1,1142,146 227.19 (5) (dm) Rules increasing dwelling construction costs; joint committee
7action.
If the joint committee for review of administrative rules objects to a proposed
8rule or a part of a proposed rule for a reason specified in sub. (4) (d) 7., the department
9of safety and professional services may not promulgate the proposed rule or part of
10the proposed rule objected to until a bill introduced under par. (em) is enacted. This
11paragraph applies notwithstanding that the purpose of the one- and 2-family
12dwelling code under s. 101.60 includes promoting interstate uniformity in
13construction standards. This paragraph does not apply to a proposed rule whose
14promulgation has been previously authorized under par. (fm).
AB40-ASA1, s. 2739g 15Section 2739g. 227.19 (5) (e) of the statutes, as affected by 2011 Wisconsin Act
1621
, is amended to read:
AB40-ASA1,1142,2417 227.19 (5) (e) Bills to prevent promulgation. When the joint committee for
18review of administrative rules objects to a proposed rule or a part of a proposed rule
19under par. (d) it shall, within 30 days of the date of the objection, meet and take
20executive action regarding the introduction, in each house of the legislature, of a bill
21to support the objection. The joint committee shall introduce the bills within 5
22working days after taking executive action in favor of introduction of the bills unless
23the bills cannot be introduced during this time period under the joint rules of the
24legislature.
AB40-ASA1, s. 2739h 25Section 2739h. 227.19 (5) (em) of the statutes is created to read:
AB40-ASA1,1143,8
1227.19 (5) (em) Rules increasing dwelling construction costs; bill to authorize
2promulgation.
If the joint committee for review of administrative rules objects to a
3proposed rule or a part of a proposed rule under par. (dm), any member of the
4legislature may introduce a bill to authorize promulgation of the proposed rule or
5part of the proposed rule. This paragraph applies notwithstanding that the purpose
6of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate
7uniformity in construction standards. This paragraph does not apply to a proposed
8rule whose promulgation has been previously authorized under par. (fm).
AB40-ASA1, s. 2739i 9Section 2739i. 227.19 (5) (fm) of the statutes is created to read:
AB40-ASA1,1143,1510 227.19 (5) (fm) Rules increasing dwelling construction costs; timely
11introduction of bill; effect.
If all bills introduced under par. (em) are defeated, or fail
12to be enacted in any other manner, the agency may not promulgate the proposed rule
13or part of the proposed rule that was objected to unless subsequent law specifically
14authorizes its promulgation. If any of those bills becomes law, the agency may
15promulgate the proposed rule or part of the proposed rule that was objected to.
AB40-ASA1, s. 2739j 16Section 2739j. 227.19 (5) (g) (title) of the statutes is created to read:
AB40-ASA1,1143,1717 227.19 (5) (g) (title) Introduction of bills in next session; effect.
AB40-ASA1, s. 2739k 18Section 2739k. 227.19 (6) (title) of the statutes is amended to read:
AB40-ASA1,1143,1919 227.19 (6) (title) Promulgation prevention or authorization procedure.
AB40-ASA1, s. 2739L 20Section 2739L. 227.19 (6) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,1143,2421 227.19 (6) (a) (intro.) The legislature may not consider a bill required by or
22permitted under
sub. (5) (e) or (em) until the joint committee for review of
23administrative rules has submitted a written report on the bill. The report shall be
24printed as an appendix to each bill and shall contain:
AB40-ASA1, s. 2740 25Section 2740. 227.59 of the statutes is amended to read:
AB40-ASA1,1144,17
1227.59 Certification of certain cases from the circuit court of Dane
2County to other circuits.
Any action or proceeding for the review of any order of
3an administrative officer, commission, department or other administrative tribunal
4of the state required by law to be instituted in or taken to the circuit court of Dane
5County except an action or appeal for the review of any order of the department of
6workforce development or the department of commerce safety and professional
7services
or findings and orders of the labor and industry review commission which
8is instituted or taken and is not called for trial or hearing within 6 months after the
9proceeding or action is instituted, and the trial or hearing of which is not continued
10by stipulation of the parties or by order of the court for cause shown, shall on the
11application of either party on 5 days' written notice to the other be certified and
12transmitted for trial to the circuit court of the county of the residence or principal
13place of business of the plaintiff or petitioner, where the action or proceeding shall
14be given preference. Unless written objection is filed within the 5-day period, the
15order certifying and transmitting the proceeding shall be entered without hearing.
16The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County
17a fee of $2 for transmitting the record.
AB40-ASA1, s. 2741 18Section 2741. 229.46 (1) (ag) of the statutes is amended to read:
AB40-ASA1,1144,2019 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified
20by the department of commerce administration under s. 560.0335 16.283 (3).
AB40-ASA1, s. 2742 21Section 2742. 229.46 (1) (b) of the statutes is amended to read:
AB40-ASA1,1144,2322 229.46 (1) (b) "Minority group member" has the meaning given in s. 560.036
2316.287 (1) (f).
AB40-ASA1, s. 2743 24Section 2743. 229.70 (1) (ag) of the statutes is amended to read:
AB40-ASA1,1145,2
1229.70 (1) (ag) "Disabled veteran-owned business" means a business certified
2by the department of commerce administration under s. 560.0335 16.283 (3).
AB40-ASA1, s. 2744 3Section 2744. 229.70 (1) (am) of the statutes is amended to read:
AB40-ASA1,1145,54 229.70 (1) (am) "Minority business" has the meaning given in s. 560.036 16.287
5(1) (e).
AB40-ASA1, s. 2745 6Section 2745. 229.70 (1) (b) of the statutes is amended to read:
AB40-ASA1,1145,87 229.70 (1) (b) "Minority group member" has the meaning given in s. 560.036
816.287 (1) (f).
AB40-ASA1, s. 2746 9Section 2746. 229.8273 (1) (am) of the statutes is amended to read:
AB40-ASA1,1145,1210 229.8273 (1) (am) "Disabled veteran-owned business" means a business
11certified by the department of commerce administration under s. 560.0335 16.283
12(3).
AB40-ASA1, s. 2747 13Section 2747. 229.8273 (1) (b) of the statutes is amended to read:
AB40-ASA1,1145,1514 229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 16.287
15(1) (e).
AB40-ASA1, s. 2748 16Section 2748. 229.8273 (1) (c) of the statutes is amended to read:
AB40-ASA1,1145,1817 229.8273 (1) (c) "Minority group member" has the meaning given in s. 560.036
1816.287 (1) (f).
AB40-ASA1, s. 2749 19Section 2749. 229.845 (1) (ag) of the statutes is amended to read:
AB40-ASA1,1145,2120 229.845 (1) (ag) "Disabled veteran-owned business" means a business certified
21by the department of commerce administration under s. 560.0335 16.283 (3).
AB40-ASA1, s. 2750 22Section 2750. 229.845 (1) (am) of the statutes is amended to read:
AB40-ASA1,1145,2423 229.845 (1) (am) "Minority business" has the meaning given in s. 560.036
2416.287 (1) (e).
AB40-ASA1, s. 2751b 25Section 2751b. 230.01 (1) of the statutes is amended to read:
AB40-ASA1,1146,3
1230.01 (1) It is the purpose of this chapter to provide state agencies and
2institutions of higher education
with competent personnel who will furnish state
3services to citizens as fairly, efficiently and effectively as possible.
AB40-ASA1, s. 2751e 4Section 2751e. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act
57
, is amended to read:
AB40-ASA1,1146,156 230.03 (3) "Agency" means any board, commission, committee, council, or
7department in state government or a unit thereof created by the constitution or
8statutes if such board, commission, committee, council, department, unit, or the
9head thereof, is authorized to appoint subordinate staff by the constitution or
10statute, except the Board of Regents of the University of Wisconsin System, a
11legislative or judicial board, commission, committee, council, department, or unit
12thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or
13under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any
14local unit of government or body within one or more local units of government that
15is created by law or by action of one or more local units of government.
AB40-ASA1, s. 2751g 16Section 2751g. 230.03 (6) of the statutes is amended to read:
AB40-ASA1,1146,1917 230.03 (6) "Civil service" means all offices and positions of trust or employment
18in the service of the state, except offices and positions in the organized militia and
19the Board of Regents of the University of Wisconsin System
.
AB40-ASA1, s. 2751i 20Section 2751i. 230.03 (6m) of the statutes is created to read:
AB40-ASA1,1146,2121 230.03 (6m) "Classified service" means the classified service of the civil service.
AB40-ASA1, s. 2751k 22Section 2751k. 230.03 (10h) of the statutes is created to read:
AB40-ASA1,1146,2323 230.03 (10h) "Employee" or "state employee" means an employee of an agency.
AB40-ASA1, s. 2751m 24Section 2751m. 230.03 (13) of the statutes is created to read:
AB40-ASA1,1147,2
1230.03 (13) "Unclassified service" means the unclassified service of the civil
2service.
AB40-ASA1, s. 2751p 3Section 2751p. 230.08 (2) (cm) of the statutes is repealed.
AB40-ASA1, s. 2751q 4Section 2751q. 230.08 (2) (d) of the statutes is repealed.
AB40-ASA1, s. 2751s 5Section 2751s. 230.08 (2) (dm) of the statutes is repealed.
AB40-ASA1, s. 2753m 6Section 2753m. 230.08 (2) (e) 3. of the statutes is repealed.
AB40-ASA1, s. 2754 7Section 2754. 230.08 (2) (e) 4. of the statutes is created to read:
AB40-ASA1,1147,88 230.08 (2) (e) 4. Employment relations commission — 1.
AB40-ASA1, s. 2755a 9Section 2755a. 230.08 (2) (e) 6. of the statutes, as affected by 2011 Wisconsin
10Act 10
, is repealed and recreated to read:
AB40-ASA1,1147,1111 230.08 (2) (e) 6. Workforce development — 9.
AB40-ASA1, s. 2756 12Section 2756. 230.08 (2) (e) 10. of the statutes is repealed.
AB40-ASA1, s. 2757 13Section 2757. 230.08 (2) (e) 11m. of the statutes is created to read:
AB40-ASA1,1147,1414 230.08 (2) (e) 11m. Safety and professional services — 8.
AB40-ASA1, s. 2758 15Section 2758. 230.08 (2) (g) of the statutes is amended to read:
AB40-ASA1,1147,1916 230.08 (2) (g) One stenographer appointed by each elective executive officer,
17except the secretary of state and the state treasurer; and one deputy or assistant
18appointed by each elective executive officer, except the attorney general and
19superintendent of public instruction.
AB40-ASA1, s. 2758d 20Section 2758d. 230.08 (2) (k) of the statutes is repealed.
AB40-ASA1, s. 2758g 21Section 2758g. 230.08 (2) (p) of the statutes is amended to read:
AB40-ASA1,1147,2322 230.08 (2) (p) All employees of the investment board , except blue collar and
23clerical employees
.
AB40-ASA1, s. 2759 24Section 2759. 230.08 (2) (pd) of the statutes is amended to read:
AB40-ASA1,1148,2
1230.08 (2) (pd) The chairperson of the earned release review parole
2commission.
AB40-ASA1, s. 2760 3Section 2760. 230.08 (2) (v) of the statutes is amended to read:
AB40-ASA1,1148,54 230.08 (2) (v) Not more than 5 2 bureau directors in the department of
5regulation and licensing safety and professional services.
AB40-ASA1, s. 2761 6Section 2761. 230.08 (2) (yb) of the statutes is created to read:
AB40-ASA1,1148,87 230.08 (2) (yb) The director and the deputy director of the office of business
8development in the department of administration.
AB40-ASA1, s. 2762 9Section 2762. 230.08 (2) (yc) of the statutes is repealed.
AB40-ASA1, s. 2763 10Section 2763. 230.08 (4) (a) of the statutes is amended to read:
AB40-ASA1,1148,2011 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e)
12includes all administrator positions specifically authorized by law to be employed
13outside the classified service in each department, board or commission and the
14historical society. In this paragraph, "department" has the meaning given under s.
1515.01 (5), "board" means the educational communications board, government
16accountability board, investment board, public defender board and technical college
17system board and "commission" means the employment relations commission and
18the
public service commission. Notwithstanding sub. (2) (z), no division
19administrator position exceeding the number authorized in sub. (2) (e) may be
20created in the unclassified service.
AB40-ASA1, s. 2763m 21Section 2763m. 230.08 (4) (d) of the statutes is created to read:
AB40-ASA1,1148,2322 230.08 (4) (d) The division administrator appointed under sub. (2) (e) 4. shall
23be an attorney.
AB40-ASA1, s. 2763p 24Section 2763p. 230.09 (2) (g) of the statutes is amended to read:
AB40-ASA1,1149,20
1230.09 (2) (g) When filling a new or vacant position, if the director determines
2that the classification for a position is different than that provided for by the
3legislature as established by law or in budget determinations, or as authorized by the
4joint committee on finance under s. 13.10, or as specified by the governor creating
5positions under s. 16.505 (1) (c) or (2), or the University of Wisconsin Hospitals and
6Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the
7University of Wisconsin System creating positions under s. 16.505 (2m)
, or is
8different than that of the previous incumbent, the director shall notify the
9administrator and the secretary of administration. The administrator shall
10withhold action on the selection and certification process for filling the position. The
11secretary of administration shall review the position to determine that sufficient
12funds exist for the position and that the duties and responsibilities of the proposed
13position reflect the intent of the legislature as established by law or in budget
14determinations, the intent of the joint committee on finance acting under s. 13.10,
15the intent of the governor creating positions under s. 16.505 (1) (c) or (2), or the
16University of Wisconsin Hospitals and Clinics Board creating positions under s.
1716.505 (2n) or the intent of the board of regents of the University of Wisconsin System
18creating positions under s. 16.505 (2m)
. The administrator may not proceed with the
19selection and certification process until the secretary of administration has
20authorized the position to be filled.
AB40-ASA1, s. 2763s 21Section 2763s. 230.10 (2) of the statutes is amended to read:
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