AB1070: Bill Text

AB1070,18,7 13.90 (3) (c) The joint committee on legislative organization shall assign office space for legislative offices and the offices of the legislative service agencies as defined in sub. (1m). The joint committee may assign any space in the capitol not reserved for other uses under s. 16.835. Except as provided in ss. 13.09 (6) and 13.45 (4) (c), the joint committee may locate any legislative office or the office of any legislative service agency outside the capitol at another suitable building in the city of Madison.

AB1070,10 Section 10 . 13.90 (3) (a) and (b) of the statutes are created to read:

AB1070,18,10 13.90 (3) (a) In this subsection, “legislative service agency” has the meaning given in sub. (1m).

AB1070,18,13 (b) The cochairpersons of the joint committee on legislative organization shall lease or acquire office space for legislative offices or legislative service agencies under par. (c).

AB1070,11 Section 11 . 13.91 (1) (c) of the statutes is amended to read:

AB1070,18,17 13.91 (1) (c) Perform the functions prescribed in s. 227.15 for the review and resolution of problems ch. 227 relating to administrative rules and guidance documents.

AB1070,12 Section 12. 15.07 (1) (b) 24. of the statutes is created to read:

AB1070,18,20 15.07 (1) (b) 24. The 6 members of the group insurance board appointed under s. 15.165 (2) (j).

AB1070,13 Section 13 . 15.165 (2) of the statutes is renumbered 15.165 (2) (intro) and amended to read:

AB1070,18,25 15.165 (2) Group insurance board. (intro.) There is created in the department of employee trust funds a group insurance board. The board shall consist of the following members:

AB1070,19,1 (a) The governor, the or his or her designee.

AB1070,19,2 (b) The attorney general, the or his or her designee.

AB1070,19,4 (c) The secretary of administration, the director of the office of state employment relations, and the or his or her designee.

AB1070,19,5 (e) The commissioner of insurance or their designees, and 6 his or her designee.

AB1070,19,12 (j) Six persons appointed for 2-year terms, of whom one shall be an insured participant in the Wisconsin Retirement System who is not a teacher, one shall be an insured participant in the Wisconsin Retirement System who is a teacher, one shall be an insured participant in the Wisconsin Retirement System who is a retired employee, one shall be an insured employee of a local unit of government, and one shall be the chief executive or a member of the governing body of a local unit of government that is a participating employer in the Wisconsin Retirement System.

AB1070,14 Section 14 . 15.165 (2) (d) and (f) to (i) of the statutes are created to read:

AB1070,19,15 15.165 (2) (d) The administrator of the division of personnel management in the department of administration or his or her designee.

AB1070,19,16 (f) One individual appointed by the speaker of the assembly.

AB1070,19,17 (g) One individual appointed by the minority leader of the assembly.

AB1070,19,18 (h) One individual appointed by the majority leader of the senate.

AB1070,19,19 (i) One individual appointed by the minority leader of the senate.

AB1070,15 Section 15 . 16.42 (5) of the statutes is created to read:

AB1070,19,22 16.42 (5) (a) In this subsection, “fee” means any amount of money other than a tax that an agency charges a person other than a governmental entity.

AB1070,19,25 (b) Each agency required to submit a budget request under sub. (1) shall include with its request a report that lists each fee the agency is required or otherwise authorized to charge and that includes all of the following:

AB1070,20,2 1. The amount of each fee, or, if a fee does not have a fixed amount, the method of calculating the fee.

AB1070,20,3 2. An identification of the agency's statutory authority to charge each fee.

AB1070,20,4 3. A statement whether or not the agency currently charges the fee.

AB1070,20,6 4. A description of whether and how each fee has increased or decreased since the agency was first authorized to charge the fee.

AB1070,20,7 5. Any recommendation the agency has concerning each fee.

AB1070,16 Section 16. 16.84 (2m) of the statutes is created to read:

AB1070,20,18 16.84 (2m) Send notice to the joint committee on legislative organization of any proposed changes to security at the capitol, including the posting of a firearm restriction under s. 943.13 (1m) (c) 2. or 4. If, within 14 working days after the date of the notice, the cochairpersons of the joint committee on legislative organization do not notify the department that the committee has scheduled a meeting to review the department's proposal, the department may implement the changes as proposed in the notice. If, within 14 working days after the date of the department's notice, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the department's proposal, the department may implement the proposed changes only upon approval of the committee.

AB1070,17 Section 17 . 16.84 (5) (d) of the statutes is repealed.

AB1070,18 Section 18. 16.973 (15) of the statutes is created to read:

AB1070,20,25 16.973 (15) By October 1 of each year, submit to the joint committee on finance and the legislature under s. 13.172 (2) a report on the administration of the information technology and communication services self-funded portal. The report shall include the following information regarding the portal for the immediately preceding fiscal year:

AB1070,21,1 (a) A financial statement of state revenues and expenditures.

AB1070,21,3 (b) A list of services available through the portal, identifying services added since the previous reporting period.

AB1070,21,4 (c) Fees charged for each service available through the portal.

AB1070,21,5 (d) The activity level of each service available through the portal.

AB1070,21,7 (e) Any other information the department determines to be appropriate to include.

AB1070,19 Section 19. 20.455 (1) (gh) of the statutes is amended to read:

AB1070,21,13 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22 (9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the expenses of investigation and prosecution of violations, including attorney fees, and for expenses related to s. 165.055 (3).

AB1070,20 Section 20. 20.455 (2) (gb) of the statutes is amended to read:

AB1070,21,19 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, to carry out the purposes for which made and received shall be credited to this appropriation account.

AB1070,21 Section 21. 20.455 (3) (g) of the statutes is amended to read:

AB1070,22,2 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry out the purposes for which gifts and grants are made and collected. All moneys received from gifts and grants and all proceeds from services, conferences, and sales of publications and promotional materials to carry out the purposes for which made or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505 (1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300 annually, shall be credited to this appropriation account.

AB1070,22 Section 22 . 35.93 (2) (b) 3. im. of the statutes is created to read:

AB1070,22,5 35.93 (2) (b) 3. im. Notices of public comment periods on proposed guidance documents under s. 227.112 (1) (a).

AB1070,23 Section 23. 45.57 of the statutes is amended to read:

AB1070,22,11 45.57 Veterans homes; transfer of funding. The department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund. The department shall notify the joint committee on finance in writing of any balance transferred under this section.

AB1070,24 Section 24. 165.055 (3) of the statutes is repealed.

AB1070,25 Section 25 . 165.07 of the statutes is created to read:

AB1070,22,18 165.07 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.

AB1070,26 Section 26 . 165.08 of the statutes is renumbered 165.08 (1) and amended to read:

AB1070,23,7 165.08 (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.

AB1070,23,10 (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.

AB1070,27 Section 27 . 165.10 of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

AB1070,23,25 165.10 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.

AB1070,28 Section 28. 165.25 (1) of the statutes is amended to read:

AB1070,24,15 165.25 (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.

AB1070,29 Section 29 . 165.25 (1m) of the statutes is amended to read:

AB1070,25,5 165.25 (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).

AB1070,30 Section 30 . 165.25 (6) (a) of the statutes is renumbered 165.25 (6) (a) 1. and amended to read:

AB1070,26,4 165.25 (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.

AB1070,26,16 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.

AB1070,31 Section 31 . 227.01 (3m) of the statutes is created to read:

AB1070,26,21 227.01 (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:

AB1070,26,24 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.

AB1070,27,3 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.

AB1070,27,4 (b) “Guidance document" does not include any of the following:

AB1070,27,6 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.

AB1070,27,10 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.

AB1070,27,14 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).

AB1070,27,16 4. Any document that any statute specifically provides is not required to be promulgated as a rule.

AB1070,27,17 5. A declaratory ruling issued under s. 227.41.

AB1070,27,18 6. A pleading or brief filed in court by the state, an agency, or an agency official.

AB1070,27,21 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).

AB1070,27,23 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.

AB1070,27,25 9. Any document or communication that is not subject to the right of inspection and copying under s. 19.35 (1).

AB1070,32 Section 32. 227.01 (13) (intro.) of the statutes is amended to read:

AB1070,28,9 227.01 (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:

AB1070,33 Section 33 . 227.05 of the statutes is created to read:

AB1070,28,16 227.05 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.

AB1070,34 Section 34 . Subchapter II (title) of chapter 227 [precedes 227.10] of the statutes is amended to read:

AB1070,28,19 Chapter 227

AB1070,28,20 Subchapter II

AB1070,28,22 ADMINISTRATIVE RULES and GUIDANCE DOCUMENTS

AB1070,35 Section 35 . 227.10 (2g) of the statutes is created to read:

AB1070,28,25 227.10 (2g) No agency may seek deference in any proceeding based on the agency's interpretation of any law.

AB1070,36 Section 36. 227.11 (title) of the statutes is amended to read: