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AB64,1733 10Section 1733. 227.17 (1) (intro.) of the statutes is amended to read:
AB64,776,1211 227.17 (1) (intro.) If a hearing is required under s. 227.16, the agency shall do
12all of the following
:
AB64,1734 13Section 1734. 227.17 (3) (eg) of the statutes is created to read:
AB64,776,1514 227.17 (3) (eg) Any independent economic impact analysis prepared under s.
15227.137 (4m).
AB64,1735 16Section 1735. 227.17 (3) (em) of the statutes is repealed.
AB64,1736 17Section 1736. 227.185 of the statutes is renumbered 227.185 (1) and amended
18to read:
AB64,777,219 227.185 (1) After a proposed rule is in final draft form, the agency shall submit
20the proposed rule to the governor for approval. The governor, in his or her discretion,
21may approve or reject the proposed rule. If the governor approves a proposed rule,
22the governor shall provide the agency with a written notice of that approval. No
23proposed rule may be submitted to the legislature for review under s. 227.19 (2)
24unless the governor has approved the proposed rule in writing. The agency shall

1notify the joint committee for review of administrative rules whenever it submits a
2proposed rule for approval under this subsection.
AB64,1737 3Section 1737. 227.185 (2) of the statutes is created to read:
AB64,777,184 227.185 (2) (a) If an agency makes a germane modification to a proposed rule
5under s. 227.19 (4) (b) 3., 3m., or 4., the agency shall submit the modification to the
6governor for approval. The governor, in his or her discretion, may approve or reject
7the modification, but if the governor does not notify the agency within 10 working
8days after the date of the agency's submittal that the governor does not approve the
9modification or that the governor requires additional time to review the
10modification, the modification shall be considered approved and may be made as
11proposed by the agency. If the governor approves a modification prior to the
12expiration of the 10-day period or after notifying the agency that he or she will
13require additional time to review the modification, he or she shall provide the agency
14with a written notice of that approval. If the governor does not approve the
15modification, he or she shall provide the agency with a written notice of that
16nonapproval and the agency may not promulgate the proposed rule, except that the
17agency may resubmit the proposed rule to the legislature as provided in s. 227.19
18without the modification.
AB64,777,2019 (b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm)
20applies.
AB64,1738 21Section 1738. 227.19 (2) of the statutes is amended to read:
AB64,778,1322 227.19 (2) Notification of legislature. An agency shall submit a notice to the
23chief clerk of each house of the legislature when a proposed rule is in final draft form.
24The notice shall be submitted in triplicate and shall be accompanied by a report in
25the form specified under sub. (3). A notice received under this subsection after the

1last day of the legislature's final general-business floorperiod in the biennial session
2as established in the joint resolution required under s. 13.02 (3) shall be considered
3received on the first day of the next regular session of the legislature, unless the
4presiding officers of both houses direct referral of the notice and report under this
5subsection before that day. The presiding officer of each house of the legislature
6shall, within 10 working days following the day on which the notice and report are
7received, direct the appropriate chief clerk to refer the notice and report to one
8standing committee. The agency shall submit to the legislative reference bureau for
9publication in the register, in an electronic format approved by the legislative
10reference bureau, a statement that a proposed rule has been submitted to the chief
11clerk of each house of the legislature. The agency shall also include in the statement
12the date of approval of the proposed rule by the governor under s. 227.185 (1). Each
13chief clerk shall enter a similar statement in the journal of his or her house.
AB64,1739 14Section 1739. 227.19 (3) (intro.) of the statutes is amended to read:
AB64,778,2515 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be
16in writing and shall include the proposed rule in the form specified in s. 227.14 (1);
17the material specified in s. 227.14 (2), (3), and (4); including any statement,
18suggested changes, or other material submitted to the agency by the small business
19regulatory review board; a copy of any economic impact analysis prepared by the
20agency under s. 227.137 (2); a copy of any revised economic impact analysis prepared
21by the agency under s. 227.137 (4); a copy of any report prepared by the department
22of administration under s. 227.137 (6);
independent economic impact analysis
23prepared under s. 227.137 (4m);
a copy of any energy impact report received from the
24public service commission under s. 227.117 (2); and a copy of any recommendations
25of the legislative council staff. The report shall also include all of the following:
AB64,1740
1Section 1740. 227.19 (3) (c) of the statutes is amended to read:
AB64,779,32 227.19 (3) (c) A list of the persons who appeared or registered for or against the
3proposed rule at a public hearing held under s. 227.136 or 227.16.
AB64,1741 4Section 1741. 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:
AB64,779,115 227.19 (4) (b) 1. (intro.) Except as otherwise provided under subds. 1m. and 5.
6in this paragraph, the committee review period for each committee extends for 30
7days after referral of the proposed rule to the committee under sub. (2). If the
8chairperson or the cochairpersons of a committee take either of the following actions
9within the 30-day period, the committee review period for that committee is
10continued for 30 days from the date on which the first 30-day review period would
11have expired:
AB64,1742 12Section 1742. 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:
AB64,779,2513 227.19 (5) (b) 1. (intro.) Except as otherwise provided in subd. 1m. this
14paragraph
, the review period for the joint committee for review of administrative
15rules extends for 30 days after the last referral of a proposed rule and any objection
16to that committee, and during that review period that committee may take any action
17on the proposed rule in whole or in part permitted under this subsection. The joint
18committee for review of administrative rules shall meet and take action in executive
19session during that period with respect to any proposed rule or any part of a proposed
20rule to which a committee has objected and may meet and take action in executive
21session during that period with respect to any proposed rule or any part of a proposed
22rule to which no committee has objected, except that if the cochairpersons take either
23of the following actions within the 30-day period, the joint committee review period
24is continued for 30 days from the date on which the first 30-day review period would
25have expired:
AB64,1743
1Section 1743. 227.19 (5) (b) 3. of the statutes is created to read:
AB64,780,182 227.19 (5) (b) 3. The joint committee for review of administrative rules, by a
3majority vote of a quorum of the committee, may request the preparation of an
4independent economic impact analysis for a proposed rule, regardless of whether an
5independent economic impact analysis was prepared under s. 227.137 (4m). If the
6joint committee for review of administrative rules requests an independent economic
7impact analysis under this subdivision, the committee shall notify the agency
8proposing the proposed rule and shall direct the department of administration to
9contract with a vendor that is not an agency to prepare the independent economic
10impact analysis. The vendor preparing the independent economic impact analysis
11shall comply with s. 227.137 (4m) (c) 1. to 3. Upon completion of an independent
12economic impact analysis requested under this subdivision, the vendor preparing
13the analysis may submit a request to the committee for reimbursement of its actual
14and necessary costs of completing the analysis. Costs of completing the independent
15economic impact analysis shall be paid as provided in s. 227.137 (4m) (b) 3. a. and
16b. If the committee requests an independent economic impact analysis under this
17subdivision, the review period for the committee is extended to the 10th working day
18following receipt by the committee of the completed analysis.
AB64,1744 19Section 1744. 227.24 (1) (a) of the statutes is amended to read:
AB64,780,2420 227.24 (1) (a) An agency may, except as provided in s. 227.136 (1), promulgate
21a rule as an emergency rule without complying with the notice, hearing , and
22publication requirements under this chapter if preservation of the public peace,
23health, safety, or welfare necessitates putting the rule into effect prior to the time it
24would take effect if the agency complied with the procedures.
AB64,1745 25Section 1745. 227.24 (1) (c) of the statutes is amended to read:
AB64,781,4
1227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication
2in the official state newspaper
on the date the rule is published in the register under
3s. 35.93 (2) (b) 4.
or on any later date specified in the rule and, except as provided
4under sub. (2), remains in effect only for 150 days.
AB64,1746 5Section 1746. 227.24 (1) (d) of the statutes is amended to read:
AB64,781,156 227.24 (1) (d) A rule promulgated under par. (b) takes effect upon publication
7in the official state newspaper
on the date the rule is published in the register under
8s. 35.93 (2) (b) 4.
or on any later date specified in the rule and remains in effect for
9one year or until it is suspended or the proposed rule corresponding to it is objected
10to by the joint committee for review of administrative rules, whichever is sooner. If
11a rule under par. (b) is suspended or a proposed rule under s. 186.235 (21), 215.02 (18)
12or 220.04 (8) is objected to by the joint committee for review of administrative rules,
13any person may complete any transaction entered into or committed to in reliance
14on that rule and shall have 45 days to discontinue other activity undertaken in
15reliance on that rule.
AB64,1747 16Section 1747. 227.24 (1) (e) 1d. of the statutes is amended to read:
AB64,782,417 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency
18rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s.
19227.135 (2), and send the statement to the legislative reference bureau for
20publication in the register as provided in s. 227.135 (3), and hold a preliminary public
21hearing and comment period if directed under s. 227.136 (1)
. If the agency changes
22the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall
23prepare and obtain approval of a revised statement of the scope of the proposed
24emergency rule as provided in s. 227.135 (4). No state employee or official may
25perform any activity in connection with the drafting of a proposed emergency rule

1except for an activity necessary to prepare the statement of the scope of the proposed
2emergency rule until the governor and the individual or body with policy-making
3powers over the subject matter of the proposed emergency rule approve
approves the
4statement.
AB64,1748 5Section 1748. 227.24 (2) (a) of the statutes is renumbered 227.24 (2) (a) (intro.)
6and amended to read:
AB64,782,107 227.24 (2) (a) (intro.) At the request of an agency, the joint committee for review
8of administrative rules may, at any time prior to the expiration date of a rule
9promulgated under sub. (1) (a), extend the effective period of the emergency rule or
10part of the emergency rule for as follows:
AB64,782,14 111. For a period specified by the committee not to exceed 60 days. Any number
12of extensions may be granted under this paragraph subdivision, but the total period
13for all extensions under this subdivision may not exceed 120 days. The committee
14may grant an extension under this subdivision at any time.
AB64,1749 15Section 1749. 227.24 (2) (a) 2. of the statutes is created to read:
AB64,782,2116 227.24 (2) (a) 2. For a period specified by the committee that does not extend
17beyond March 31 of the following year. An extension under this subdivision may be
18in addition to, and may overlap with, an extension granted under subd. 1. The
19committee may grant an extension under this subdivision only within 30 days before
20the last day of the legislature's final general-business floorperiod in the biennial
21session as established in the joint resolution required under s. 13.02 (3).
AB64,1750 22Section 1750. 227.24 (2) (am) of the statutes is amended to read:
AB64,783,223 227.24 (2) (am) Any request by an agency to extend the effective period of the
24emergency rule or part of the emergency rule shall be made in writing to the joint

1committee for review of administrative rules no later than 30 days before the initial
2expiration date of the emergency rule.
AB64,1751 3Section 1751. 227.24 (4) of the statutes is amended to read:
AB64,783,114 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition
5to any preliminary public hearing and comment period held under sub. (1) (e) 1d.
, an
6agency shall hold a public hearing within 45 days after it promulgates a rule under
7sub. (1). If within that 45-day period the agency submits to the legislative council
8staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall
9hold a public hearing on both rules within 90 days after promulgation of the rule
10under sub. (1), or within 30 days after the agency receives the report on the proposed
11rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.
AB64,1752 12Section 1752. 227.26 (4) of the statutes is created to read:
AB64,783,1613 227.26 (4) Repeal of unauthorized rules. (a) In this subsection,
14“unauthorized rule" means a rule that an agency lacks the authority to promulgate
15due to the repeal or amendment of the law that previously authorized its
16promulgation.
AB64,783,2017 (b) Notwithstanding ss. 227.114 to 227.117 and 227.135 to 227.19, an agency
18that promulgated or that otherwise administers a rule that the agency determines
19is an unauthorized rule may petition the joint committee for review of administrative
20rules for authorization to repeal that rule by using the following process:
AB64,784,221 1. The agency shall submit a petition with a proposed rule that repeals the rule
22the agency has determined is an unauthorized rule to the legislative council staff for
23review. The proposed rule shall be in the form required under s. 227.14 (1) and shall
24include the material required under s. 227.14 (2) (a) 1., 2., and 7. and a statement that
25the agency is petitioning the joint committee for review of administrative rules to use

1the process under this subsection to repeal a rule the agency has determined to be
2an unauthorized rule.
AB64,784,73 2. The legislative council staff shall review the petition and proposed rule in
4accordance with s. 227.15 (2) and submit to the joint committee for review of
5administrative rules the petition and proposed rule with a written report including
6a statement of its determination as to whether the proposed rule proposes to repeal
7an unauthorized rule.
AB64,784,118 3. Following receipt of the petition and proposed rule submitted by the
9legislative council staff under subd. 2., the joint committee for review of
10administrative rules shall review the petition and proposed rule and may do any of
11the following:
AB64,784,1312 a. Approve the agency's petition if the committee determines that the proposed
13rule would repeal an unauthorized rule.
AB64,784,1414 b. Deny the agency's petition.
AB64,784,1615 c. Request that the agency make changes to the proposed rule and resubmit the
16petition and proposed rule under subd. 1.
AB64,784,1817 4. The committee shall inform the agency in writing of its decision as to the
18petition.
AB64,784,2219 (c) If the joint committee for review of administrative rules approves a petition
20to repeal an unauthorized rule as provided in par. (b) 3. a., the agency may
21promulgate the proposed rule by filing a certified copy of the rule with the legislative
22reference bureau under s. 227.20, together with a copy of the committee's decision.
AB64,1753 23Section 1753. 227.52 (7) of the statutes is amended to read:
AB64,785,3
1227.52 (7) Those decisions of the department of workforce development which
2that are subject to administrative review, prior to any judicial review, by the labor
3and industry review commission
.
AB64,1754 4Section 1754. 227.55 of the statutes is renumbered 227.55 (1) and amended
5to read:
AB64,785,196 227.55 (1) Within 30 days after service of the petition for review upon the
7agency, or within such further time as the court may allow allows, the agency in
8possession of the record for the decision under review
shall transmit to the reviewing
9court the original or a certified copy of the entire record of the proceedings in which
10the decision under review was made
, including all pleadings, notices, testimony,
11exhibits, findings, decisions, orders, and exceptions, therein; but except that by
12stipulation of all parties to the review proceedings the record may be shortened by
13eliminating any portion thereof of the record. Any party, other than the agency that
14is a party
, refusing to stipulate to limit the record may be taxed by the court for the
15additional costs. The Except as provided in sub. (2), the record may be typewritten
16or printed. The exhibits may be typewritten, photostated photocopied, or otherwise
17reproduced, or, upon motion of any party, or by order of the court, the original exhibits
18shall accompany the record. The court may require or permit subsequent corrections
19or additions to the record when deemed desirable.
AB64,1755 20Section 1755. 227.55 (2) of the statutes is created to read:
AB64,785,2421 227.55 (2) In the case of a record under sub. (1) that is in the possession of the
22division of hearings and appeals, if any portion of the record is in the form of an audio
23or video recording, the division may transmit to the reviewing court a copy of that
24recording in lieu of preparing a transcript, unless the court requests a transcript.
AB64,1756 25Section 1756. 227.59 of the statutes is amended to read:
AB64,786,17
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 safety and professional services or
7findings and orders of the labor and industry review commission which
that is
8instituted 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.
AB64,1757 18Section 1757. 230.08 (2) (e) 3e. of the statutes is amended to read:
AB64,786,1919 230.08 (2) (e) 3e. Corrections — 7 8.
AB64,1758 20Section 1758. 230.08 (2) (pd) of the statutes is repealed.
AB64,1759 21Section 1759. 230.08 (2) (wh) of the statutes is repealed.
AB64,1760 22Section 1760. 230.08 (2) (xc) of the statutes is repealed.
AB64,1761 23Section 1761. 230.08 (4) (d) of the statutes is repealed.
AB64,1762 24Section 1762. 230.13 (1) (intro.) of the statutes is amended to read:
AB64,787,3
1230.13 (1) (intro.) Except as provided in sub. (3) and ss. 19.36 (10) to (12) and
2(11)
and 103.13, the director and the administrator may keep records of the following
3personnel matters closed to the public:
AB64,1763 4Section 1763. 230.337 of the statutes is repealed.
AB64,1764 5Section 1764. 230.44 (1) (f) of the statutes is repealed.
AB64,1765 6Section 1765. 230.44 (4) (bm) of the statutes is amended to read:
AB64,787,217 230.44 (4) (bm) Upon request of an employee who files an appeal of the decision
8of the administrator made under s. 230.09 (2) (a) or (d), the appeal shall be heard by
9 a the commissioner or an attorney employed by the commission serving as arbitrator
10under rules promulgated for this purpose by the commission. In such an arbitration,
11the arbitrator shall orally render a decision at the conclusion of the hearing
12affirming, modifying, or rejecting the decision of the administrator. The decision of
13the arbitrator is final and is not subject to review by the commission. An arbitrator's
14decision may not be cited as precedent in any other proceeding before the commission
15or before any court. The arbitrator shall promptly file his or her decision with the
16commission. The decision of the arbitrator shall stand as the decision of the
17commission. The decision of the commission is subject to review under ss. 227.53 to
18227.57 only on the ground that the decision was procured by corruption, fraud, or
19undue means or that the arbitrator or the commission exceeded the arbitrator's or
20the commission's power. The record of a proceeding under this paragraph shall be
21transcribed as provided in s. 227.44 (8).
AB64,1766 22Section 1766. 230.45 (1) (am) of the statutes is amended to read:
AB64,787,2523 230.45 (1) (am) Designate a commissioner or Serve as an arbitrator, or
24designate
an attorney employed by the commission to serve as an arbitrator, in
25arbitrations under s. 230.44 (4) (bm).
AB64,1767
1Section 1767. 230.85 (3) (b) of the statutes is amended to read:
AB64,788,132 230.85 (3) (b) If, after hearing, the division of equal rights finds that the
3respondent did not engage in or threaten a retaliatory action it shall order the
4complaint dismissed. The division of equal rights shall order the employee's
5appointing authority to insert a copy of the findings and orders into the employee's
6personnel file and, if the respondent is a natural person, order the respondent's
7appointing authority to insert such a copy into the respondent's personnel file. If the
8division of equal rights finds by unanimous vote that the employee filed a frivolous
9complaint it may order payment of the respondent's reasonable actual attorney fees
10and actual costs. Payment may be assessed against either the employee or the
11employee's attorney, or assessed so that the employee and the employee's attorney
12each pay a portion. To find a complaint frivolous the division of equal rights must
13find that s. 802.05 (2) or 895.044 has been violated.
AB64,1768 14Section 1768. 231.01 (7) (d) 2. of the statutes is amended to read:
AB64,788,1615 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448,
16449, or 455, or 464, or the substantially equivalent laws or rules of another state.
AB64,1769 17Section 1769. 233.13 (intro.) of the statutes is amended to read:
AB64,788,20 18233.13 Closed records. (intro.) Except as provided in ss. 19.36 (10) to (12)
19and (11) and 103.13, the authority may keep records of the following personnel
20matters closed to the public:
AB64,1770 21Section 1770. 238.123 of the statutes is repealed.
AB64,1771 22Section 1771. 238.124 of the statutes is created to read:
AB64,788,24 23238.124 Loan limitations. (1) Each loan the corporation originates is subject
24to all of the following limitations:
AB64,789,4
1(a) Except for a loan issued under the corporation's technology development
2loan program as that program was constituted on January 1, 2015, the loan may not
3be funded from any appropriation to the corporation and shall be funded only from
4repayments of other loans.
AB64,789,65 (b) The loan may not be forgivable in whole or in part upon the loan recipient's
6achievement of one or more conditions or goals.
AB64,789,10 7(2) Each new lending program the corporation implements or administers
8shall adhere as closely as practicable to commonly accepted commercial lending
9practices. The corporation shall adopt policies and procedures implementing this
10subsection.
AB64,1772 11Section 1772. 238.15 (1) (L) of the statutes is renumbered 238.15 (1) (L) 1. and
12amended to read:
AB64,789,1613 238.15 (1) (L) 1. For taxable years beginning after December 31, 2010 and
14before January 1, 2017
, it has not received more than $8,000,000 in investments that
15have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and
1676.638.
AB64,1773 17Section 1773. 238.15 (1) (L) 2. of the statutes is created to read:
AB64,789,2018 238.15 (1) (L) 2. For taxable years beginning after December 31, 2016, it has
19not received more than $12,000,000 in investments that have qualified for tax credits
20under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.
AB64,1774 21Section 1774. 238.15 (3) (d) (intro.) of the statutes is amended to read:
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