AB1070,14,159 (b) The cochairpersons of the joint committee on legislative organization, in
10their sole discretion, may obtain legal counsel other than from the department of
11justice, with the cost of representation paid from the appropriation under s. 20.765
12(1) (a) or (b), as determined by the cochairpersons, in any action in which the
13legislature is a party or in which the interests of the legislature are affected, as
14determined by the cochairpersons. The cochairpersons shall approve all financial
15costs and terms of representation.
AB1070,4 16Section 4. 13.127 of the statutes is created to read:
AB1070,14,22 1713.127 Advice and consent of the senate. Any individual nominated by the
18governor or another state officer or agency, and with the advice and consent of the
19senate appointed, to any office or position may not hold the office or position, be
20nominated again for the office or position, or perform any duties of the office or
21position during the legislative session biennium if the individual's confirmation for
22the office or position is rejected by the senate.
AB1070,5 23Section 5. 13.365 of the statutes is created to read:
AB1070,15,2 2413.365 Intervention. Pursuant to s. 803.09 (2m), when a party to an action
25challenges in state or federal court the constitutionality of a statute, facially or as

1applied, or challenges a statute as violating or preempted by federal law, as part of
2a claim or affirmative defense:
AB1070,15,7 3(1) The committee on assembly organization may intervene at any time in the
4action on behalf of the assembly. The committee on assembly organization may
5obtain legal counsel other than from the department of justice, with the cost of
6representation paid from the appropriation under s. 20.765 (1) (a), to represent the
7assembly in any action in which the assembly intervenes.
AB1070,15,12 8(2) The committee on senate organization may intervene at any time in the
9action on behalf of the senate. The committee on senate organization may obtain
10legal counsel other than from the department of justice, with the cost of
11representation paid from the appropriation under s. 20.765 (1) (b), to represent the
12senate in any action in which the senate intervenes.
AB1070,15,18 13(3) The joint committee on legislative organization may intervene at any time
14in the action on behalf of the state. The joint committee on legislative organization
15may obtain legal counsel other than from the department of justice, with the cost of
16representation paid from the appropriation under s. 20.765 (1) (a) or (b), as
17determined by the cochairpersons, to represent the state in any action in which the
18joint committee on legislative organization intervenes.
AB1070,6 19Section 6 . 13.48 (24m) of the statutes is created to read:
AB1070,15,2320 13.48 (24m) Repayment of principal on short-term commercial paper. (a)
21Definition. In this subsection, “commercial paper program" means a program
22authorized by the building commission for the issuance of short-term, general
23obligation debt in lieu of long-term, general obligation debt.
AB1070,16,424 (b) Amortization schedule required. For each commercial paper program, the
25building commission shall establish an amortization schedule for the repayment of

1principal on debt issued under the program so that a portion of the principal amount
2of each debt is retired annually over the life of the improvement or asset to which the
3debt is related. The commission shall provide each amortization schedule
4established under this paragraph to the joint committee on finance.
AB1070,16,65 (c) Schedule modification. An amortization schedule established under par. (b)
6may not be modified except as follows:
AB1070,16,107 1. Before the building commission modifies the amortization schedule, the
8commission shall notify the joint committee on finance in writing of the commission's
9intention to modify the amortization schedule. The notice shall describe each
10modification and the reasons for making the modification.
AB1070,16,1811 2. If, within 14 working days after the date of the building commission's notice
12under subd. 1., the cochairpersons of the joint committee on finance do not notify the
13commission that the committee has scheduled a meeting to review the commission's
14proposal, the commission may make each modification as proposed in the notice. If,
15within 14 working days after the date of the commission's notice under subd. 1., the
16cochairpersons of the committee notify the commission that the committee has
17scheduled a meeting to review the commission's proposal, the commission may make
18each proposed modification only upon approval of the committee.
AB1070,7 19Section 7 . 13.56 (2) of the statutes is amended to read:
AB1070,17,320 13.56 (2) Participation in certain proceedings. The cochairpersons of the joint
21committee for review of administrative rules or their designated agents shall accept
22service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that
23the legislature should be represented in the proceeding, it shall request the joint
24committee on legislative organization to designate the legislature's representative
25for
intervene in the proceeding as provided under s. 806.04 (11). The costs of

1participation in the proceeding shall be paid equally from the appropriations under
2s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice
3shall be paid from the appropriation under s. 20.455 (1) (d).
AB1070,8 4Section 8 . 13.90 (2) of the statutes is amended to read:
AB1070,17,235 13.90 (2) The cochairpersons of the joint committee on legislative organization
6or their designated agent shall accept service made under s. ss. 806.04 (11) and
7893.825 (2)
. If the committee, the senate organization committee , or the assembly
8organization committee, determines that the legislature should be represented
9intervene in the proceeding, that committee shall designate the legislature's
10representative for the proceeding.
as provided under s. 803.09 (2m), the assembly
11shall represent the assembly, the senate shall represent the senate, and the joint
12committee on legislative organization shall represent the state. In an action
13involving the constitutionality of a statute, or challenging a statute as violating or
14preempted by federal law, if the joint committee on legislative organization
15determines at any time that the interests of the state will be best represented by
16special counsel appointed by the legislature, it shall appoint special counsel to
17represent state defendants and act instead of the attorney general and the attorney
18general may not participate in the action. Special counsel appointed under this
19subsection shall have the powers of the attorney general with respect to the litigation
20to which special counsel has been appointed.
The costs of participation in the
21proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and
22(b), except that such costs incurred by the department of justice shall be paid from
23the appropriation under s. 20.455 (1) (d).
AB1070,9 24Section 9 . 13.90 (3) of the statutes is renumbered 13.90 (3) (c) and amended
25to read:
AB1070,18,7
113.90 (3) (c) The joint committee on legislative organization shall assign office
2space for legislative offices and the offices of the legislative service agencies as
3defined in sub. (1m)
. The joint committee may assign any space in the capitol not
4reserved for other uses under s. 16.835. Except as provided in ss. 13.09 (6) and 13.45
5(4) (c), the joint committee may locate any legislative office or the office of any
6legislative service agency outside the capitol at another suitable building in the city
7of Madison.
AB1070,10 8Section 10 . 13.90 (3) (a) and (b) of the statutes are created to read:
AB1070,18,109 13.90 (3) (a) In this subsection, “legislative service agency” has the meaning
10given in sub. (1m).
AB1070,18,1311 (b) The cochairpersons of the joint committee on legislative organization shall
12lease or acquire office space for legislative offices or legislative service agencies under
13par. (c).
AB1070,11 14Section 11 . 13.91 (1) (c) of the statutes is amended to read:
AB1070,18,1715 13.91 (1) (c) Perform the functions prescribed in s. 227.15 for the review and
16resolution of problems
ch. 227 relating to administrative rules and guidance
17documents
.
AB1070,12 18Section 12. 15.07 (1) (b) 24. of the statutes is created to read:
AB1070,18,2019 15.07 (1) (b) 24. The 6 members of the group insurance board appointed under
20s. 15.165 (2) (j).
AB1070,13 21Section 13 . 15.165 (2) of the statutes is renumbered 15.165 (2) (intro) and
22amended to read:
AB1070,18,2523 15.165 (2) Group insurance board. (intro.) There is created in the department
24of employee trust funds a group insurance board. The board shall consist of the
25following members:
AB1070,19,1
1(a) The governor, the or his or her designee.
AB1070,19,2 2(b) The attorney general, the or his or her designee.
AB1070,19,4 3(c) The secretary of administration, the director of the office of state
4employment relations, and the
or his or her designee.
AB1070,19,5 5(e) The commissioner of insurance or their designees, and 6 his or her designee.
AB1070,19,12 6(j) Six persons appointed for 2-year terms, of whom one shall be an insured
7participant in the Wisconsin Retirement System who is not a teacher, one shall be
8an insured participant in the Wisconsin Retirement System who is a teacher, one
9shall be an insured participant in the Wisconsin Retirement System who is a retired
10employee, one shall be an insured employee of a local unit of government, and one
11shall be the chief executive or a member of the governing body of a local unit of
12government that is a participating employer in the Wisconsin Retirement System.
AB1070,14 13Section 14 . 15.165 (2) (d) and (f) to (i) of the statutes are created to read:
AB1070,19,1514 15.165 (2) (d) The administrator of the division of personnel management in
15the department of administration or his or her designee.
AB1070,19,1616 (f) One individual appointed by the speaker of the assembly.
AB1070,19,1717 (g) One individual appointed by the minority leader of the assembly.
AB1070,19,1818 (h) One individual appointed by the majority leader of the senate.
AB1070,19,1919 (i) One individual appointed by the minority leader of the senate.
AB1070,15 20Section 15 . 16.42 (5) of the statutes is created to read:
AB1070,19,2221 16.42 (5) (a) In this subsection, “fee” means any amount of money other than
22a tax that an agency charges a person other than a governmental entity.
AB1070,19,2523 (b) Each agency required to submit a budget request under sub. (1) shall
24include with its request a report that lists each fee the agency is required or
25otherwise authorized to charge and that includes all of the following:
AB1070,20,2
11. The amount of each fee, or, if a fee does not have a fixed amount, the method
2of calculating the fee.
AB1070,20,33 2. An identification of the agency's statutory authority to charge each fee.
AB1070,20,44 3. A statement whether or not the agency currently charges the fee.
AB1070,20,65 4. A description of whether and how each fee has increased or decreased since
6the agency was first authorized to charge the fee.
AB1070,20,77 5. Any recommendation the agency has concerning each fee.
AB1070,16 8Section 16. 16.84 (2m) of the statutes is created to read:
AB1070,20,189 16.84 (2m) Send notice to the joint committee on legislative organization of any
10proposed changes to security at the capitol, including the posting of a firearm
11restriction under s. 943.13 (1m) (c) 2. or 4. If, within 14 working days after the date
12of the notice, the cochairpersons of the joint committee on legislative organization do
13not notify the department that the committee has scheduled a meeting to review the
14department's proposal, the department may implement the changes as proposed in
15the notice. If, within 14 working days after the date of the department's notice, the
16cochairpersons of the committee notify the department that the committee has
17scheduled a meeting to review the department's proposal, the department may
18implement the proposed changes only upon approval of the committee.
AB1070,17 19Section 17 . 16.84 (5) (d) of the statutes is repealed.
AB1070,18 20Section 18. 16.973 (15) of the statutes is created to read:
AB1070,20,2521 16.973 (15) By October 1 of each year, submit to the joint committee on finance
22and the legislature under s. 13.172 (2) a report on the administration of the
23information technology and communication services self-funded portal. The report
24shall include the following information regarding the portal for the immediately
25preceding fiscal year:
AB1070,21,1
1(a) A financial statement of state revenues and expenditures.
AB1070,21,32 (b) A list of services available through the portal, identifying services added
3since the previous reporting period.
AB1070,21,44 (c) Fees charged for each service available through the portal.
AB1070,21,55 (d) The activity level of each service available through the portal.
AB1070,21,76 (e) Any other information the department determines to be appropriate to
7include.
AB1070,19 8Section 19. 20.455 (1) (gh) of the statutes is amended to read:
AB1070,21,139 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
10(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
11292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
12expenses of investigation and prosecution of violations, including attorney fees, and
13for expenses related to s. 165.055 (3)
.
AB1070,20 14Section 20. 20.455 (2) (gb) of the statutes is amended to read:
AB1070,21,1915 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the
16purposes for which gifts and grants are made and received.
All moneys received from
17gifts and grants, other than moneys received for and credited to another
18appropriation account under this subsection, to carry out the purposes for which
19made and received
shall be credited to this appropriation account.
AB1070,21 20Section 21. 20.455 (3) (g) of the statutes is amended to read:
AB1070,22,221 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry
22out the purposes for which gifts and grants are made and collected.
All moneys
23received from gifts and grants and all proceeds from services, conferences, and sales
24of publications and promotional materials to carry out the purposes for which made
25or collected
, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505

1(1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300
2annually, shall be credited to this appropriation account.
AB1070,22 3Section 22 . 35.93 (2) (b) 3. im. of the statutes is created to read:
AB1070,22,54 35.93 (2) (b) 3. im. Notices of public comment periods on proposed guidance
5documents under s. 227.112 (1) (a).
AB1070,23 6Section 23. 45.57 of the statutes is amended to read:
AB1070,22,117 45.57 Veterans homes; transfer of funding. The department may transfer
8all or part of the unencumbered balance of any of the appropriations under s. 20.485
9(1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan
10repayment fund. The department shall notify the joint committee on finance in
11writing of any balance transferred under this section.
AB1070,24 12Section 24. 165.055 (3) of the statutes is repealed.
AB1070,25 13Section 25 . 165.07 of the statutes is created to read:
AB1070,22,18 14165.07 Intervention by joint committee on legislative organization. If
15the joint committee on legislative organization intervenes in an action in state or
16federal court as permitted under s. 803.09 (2m), the attorney general shall notify the
17court of the substitution of counsel by special counsel appointed by the joint
18committee on legislative organization and may not participate in the action.
AB1070,26 19Section 26 . 165.08 of the statutes is renumbered 165.08 (1) and amended to
20read:
AB1070,23,721 165.08 (1) Any civil action prosecuted by the department by direction of any
22officer, department, board, or commission, shall be compromised or discontinued
23when so directed by such officer, department, board or commission. Any
or any civil
24action prosecuted by the department on the initiative of the attorney general, or at
25the request of any individual may be compromised or discontinued with the approval

1of the governor
only by submission of a proposed plan to the joint committee on
2finance for the approval of the committee. The compromise or discontinuance may
3occur only if the joint committee on finance approves the proposed plan. No proposed
4plan may be submitted to the joint committee on finance if the plan concedes the
5unconstitutionality or other invalidity of a statute, facially or as applied, or concedes
6that a statute violates or is preempted by federal law, without the approval of the
7joint committee on legislative organization
.
AB1070,23,10 8(2) In any criminal action prosecuted by the attorney general, the department
9shall have the same powers with reference to such action as are vested in district
10attorneys.
AB1070,27 11Section 27 . 165.10 of the statutes, as created by 2017 Wisconsin Act 59, is
12amended to read:
AB1070,23,25 13165.10 Limits on expenditure Deposit of discretionary settlement
14funds.
Notwithstanding s. 20.455 (3), before the The attorney general may expend
15shall deposit all settlement funds under s. 20.455 (3) (g) that are not committed
16under the terms of the settlement, the attorney general shall submit to the joint
17committee on finance a proposed plan for the expenditure of the funds. If the
18cochairpersons of the committee do not notify the attorney general within 14 working
19days after the submittal that the committee has scheduled a meeting for the purpose
20of reviewing the proposed plan, the attorney general may expend the funds to
21implement the proposed plan. If, within 14 working days after the submittal, the
22cochairpersons of the committee notify the attorney general that the committee has
23scheduled a meeting for the purpose of reviewing the proposed plan, the attorney
24general may expend the funds only to implement the plan as approved by the
25committee
into the general fund.
AB1070,28
1Section 28. 165.25 (1) of the statutes is amended to read:
AB1070,24,152 165.25 (1) Represent state in appeals and on remand. Except as provided in
3ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), if the joint committee on legislative
4organization does not intervene as permitted under s. 803.09 (2m),
appear for the
5state and prosecute or defend all actions and proceedings, civil or criminal, in the
6court of appeals and the supreme court, in which the state is interested or a party,
7and attend to and prosecute or defend all civil cases sent or remanded to any circuit
8court in which the state is a party. Nothing The joint committee on legislative
9organization may intervene as permitted under s. 803.09 (2m) at any time, and if the
10committee intervenes, the attorney general shall notify the court of the substitution
11of counsel by special counsel appointed by the committee to represent the state and
12may not participate in the action, proceeding, or case. Unless the joint committee on
13legislative organization intervenes as permitted under s. 803.09 (2m), nothing
in this
14subsection deprives or relieves the attorney general or the department of justice of
15any authority or duty under this chapter in any other matter.
AB1070,29 16Section 29 . 165.25 (1m) of the statutes is amended to read:
AB1070,25,517 165.25 (1m) Represent state in other matters. If the joint committee on
18legislative organization does not intervene as permitted under s. 803.09 (2m), if

19requested by the governor or either house of the legislature, appear for and represent
20the state, any state department, agency, official, employee or agent, whether
21required to appear as a party or witness in any civil or criminal matter, and prosecute
22or defend in any court or before any officer, any cause or matter, civil or criminal, in
23which the state or the people of this state may be interested. The joint committee on
24legislative organization may intervene as permitted under s. 803.09 (2m) at any
25time, and if the committee intervenes, the attorney general shall notify the court of

1the substitution of counsel by special counsel appointed by the committee to
2represent the state and may not participate in the cause or matter.
The public service
3commission may request under s. 196.497 (7) that the attorney general intervene in
4federal proceedings. All expenses of the proceedings shall be paid from the
5appropriation under s. 20.455 (1) (d).
AB1070,30 6Section 30 . 165.25 (6) (a) of the statutes is renumbered 165.25 (6) (a) 1. and
7amended to read:
AB1070,26,48 165.25 (6) (a) 1. At Except as provided in ss. 806.04 (11) and 893.825 (2), at the
9request of the head of any department of state government, the attorney general may
10appear for and defend any state department, or any state officer, employee, or agent
11of the department in any civil action or other matter brought before a court or an
12administrative agency which is brought against the state department, or officer,
13employee, or agent for or on account of any act growing out of or committed in the
14lawful course of an officer's, employee's, or agent's duties. Witness fees or other
15expenses determined by the attorney general to be reasonable and necessary to the
16defense in the action or proceeding shall be paid as provided for in s. 885.07. The
17attorney general may compromise and settle the action as the attorney general
18determines to be in the best interest of the state except that, if the action is for
19injunctive relief or there is a proposed consent decree, the attorney general may not
20compromise or settle the action without first submitting a proposed plan to the joint
21committee on finance. If, within 14 working days after the plan is submitted, the
22cochairpersons of the committee notify the attorney general that the committee has
23scheduled a meeting for the purpose of reviewing the proposed plan, the attorney
24general may compromise or settle the action only with the approval of the committee.
25The attorney general may not submit a proposed plan to the joint committee on

1finance under this subdivision in which the plan concedes the unconstitutionality or
2other invalidity of a statute, facially or as applied, or concedes that a statute violates
3or is preempted by federal law, without the approval of the joint committee on
4legislative organization
.
AB1070,26,16 52. Members, officers, and employees of the Wisconsin state agencies building
6corporation and the Wisconsin state public building corporation are covered by this
7section. Members of the board of governors created under s. 619.04 (3), members of
8a committee or subcommittee of that board of governors, members of the injured
9patients and families compensation fund peer review council created under s.
10655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are
11covered by this section with respect to actions, claims, or other matters arising
12before, on, or after April 25, 1990. The attorney general may compromise and settle
13claims asserted before such actions or matters formally are brought or may delegate
14such authority to the department of administration. This paragraph may not be
15construed as a consent to sue the state or any department thereof or as a waiver of
16state sovereign immunity.
AB1070,31 17Section 31 . 227.01 (3m) of the statutes is created to read:
AB1070,26,2118 227.01 (3m) (a) “Guidance document" means, except as provided in par. (b), any
19formal or official document or communication issued by an agency, including a
20manual, handbook, directive, or informational bulletin, that does any of the
21following:
AB1070,26,2422 1. Explains the agency's implementation of a statute or rule enforced or
23administered by the agency, including the current or proposed operating procedure
24of the agency.
AB1070,27,3
12. Provides guidance or advice with respect to how the agency is likely to apply
2a statute or rule enforced or administered by the agency, if that guidance or advice
3is likely to apply to a class of persons similarly affected.
AB1070,27,44 (b) “Guidance document" does not include any of the following:
AB1070,27,65 1. A rule that has been promulgated and that is currently in effect or a proposed
6rule that is in the process of being promulgated.
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