(b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm) 20
227.19 (2) of the statutes is amended to read:
227.19 (2) Notification of legislature.
An agency shall submit a notice to the 23
chief clerk of each house of the legislature when a proposed rule is in final draft form. 24
The notice shall be submitted in triplicate and shall be accompanied by a report in 25
the form specified under sub. (3). A notice received under this subsection after the
last day of the legislature's final general-business floorperiod in the biennial session 2
as established in the joint resolution required under s. 13.02 (3) shall be considered 3
received on the first day of the next regular session of the legislature, unless the 4
presiding officers of both houses direct referral of the notice and report under this 5
subsection before that day. The presiding officer of each house of the legislature 6
shall, within 10 working days following the day on which the notice and report are 7
received, direct the appropriate chief clerk to refer the notice and report to one 8
standing committee. The agency shall submit to the legislative reference bureau for 9
publication in the register, in an electronic format approved by the legislative 10
reference bureau, a statement that a proposed rule has been submitted to the chief 11
clerk of each house of the legislature. The agency shall also include in the statement 12
the date of approval of the proposed rule by the governor under s. 227.185 (1)
. Each 13
chief clerk shall enter a similar statement in the journal of his or her house.
227.19 (3) (intro.) of the statutes is amended to read:
227.19 (3) Form of report.
(intro.) The report required under sub. (2) shall be 16
in writing and shall include the proposed rule in the form specified in s. 227.14 (1); 17
the material specified in s. 227.14 (2), (3), and (4); including any statement, 18
suggested changes, or other material submitted to the agency by the small business 19
regulatory review board; a copy of any economic impact analysis prepared by the 20
agency under s. 227.137 (2); a copy of any revised economic impact analysis prepared 21
by 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 24
public service commission under s. 227.117 (2); and a copy of any recommendations 25
of the legislative council staff. The report shall also include all of the following:
227.19 (3) (c) of the statutes is amended to read:
(c) A list of the persons who appeared or registered for or against the 3
proposed rule at a public hearing held under s. 227.136 or 227.16
227.19 (4) (b) 1. (intro.) of the statutes is amended to read:
(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 7
days after referral of the proposed rule to the committee under sub. (2). If the 8
chairperson or the cochairpersons of a committee take either of the following actions 9
within the 30-day period, the committee review period for that committee is 10
continued for 30 days from the date on which the first 30-day review period would 11
227.19 (5) (b) 1. (intro.) of the statutes is amended to read:
(b) 1. (intro.) Except as otherwise
provided in subd. 1m. this
, the review period for the joint committee for review of administrative 15
rules extends for 30 days after the last referral of a proposed rule and any objection 16
to that committee, and during that review period that committee may take any action 17
on the proposed rule in whole or in part permitted under this subsection. The joint 18
committee for review of administrative rules shall meet and take action in executive 19
session during that period with respect to any proposed rule or any part of a proposed 20
rule to which a committee has objected and may meet and take action in executive 21
session during that period with respect to any proposed rule or any part of a proposed 22
rule to which no committee has objected, except that if the cochairpersons take either 23
of the following actions within the 30-day period, the joint committee review period 24
is continued for 30 days from the date on which the first 30-day review period would 25
227.19 (5) (b) 3. of the statutes is created to read:
(b) 3. The joint committee for review of administrative rules, by a 3
majority vote of a quorum of the committee, may request the preparation of an 4
independent economic impact analysis for a proposed rule, regardless of whether an 5
independent economic impact analysis was prepared under s. 227.137 (4m). If the 6
joint committee for review of administrative rules requests an independent economic 7
impact analysis under this subdivision, the committee shall notify the agency 8
proposing the proposed rule and shall direct the department of administration to 9
contract with a vendor that is not an agency to prepare the independent economic 10
impact analysis. The vendor preparing the independent economic impact analysis 11
shall comply with s. 227.137 (4m) (c) 1. to 3. Upon completion of an independent 12
economic impact analysis requested under this subdivision, the vendor preparing 13
the analysis may submit a request to the committee for reimbursement of its actual 14
and necessary costs of completing the analysis. Costs of completing the independent 15
economic impact analysis shall be paid as provided in s. 227.137 (4m) (b) 3. a. and 16
b. If the committee requests an independent economic impact analysis under this 17
subdivision, the review period for the committee is extended to the 10th working day 18
following receipt by the committee of the completed analysis.
227.24 (1) (a) of the statutes is amended to read:
(a) An agency may, except as provided in s. 227.136 (1),
a rule as an emergency rule without complying with the notice, hearing
publication requirements under this chapter if preservation of the public peace, 23
or welfare necessitates putting the rule into effect prior to the time it 24
would take effect if the agency complied with the procedures.
227.24 (1) (c) of the statutes is amended to read:
(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 4
under sub. (2), remains in effect only for 150 days.
227.24 (1) (d) of the statutes is amended to read:
(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 9
one year or until it is suspended or the proposed rule corresponding to it is objected 10
to by the joint committee for review of administrative rules, whichever is sooner. If 11
a rule under par. (b) is suspended or a proposed rule under s. 186.235 (21), 215.02 (18) 12
or 220.04 (8) is objected to by the joint committee for review of administrative rules, 13
any person may complete any transaction entered into or committed to in reliance 14
on that rule and shall have 45 days to discontinue other activity undertaken in 15
reliance on that rule.
227.24 (1) (e) 1d. of the statutes is amended to read:
(e) 1d. Prepare a statement of the scope of the proposed emergency 18
rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 19
227.135 (2), and
send the statement to the legislative reference bureau for 20
publication 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 22
the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall 23
prepare and obtain approval of a revised statement of the scope of the proposed 24
emergency rule as provided in s. 227.135 (4). No state employee or official may 25
perform any activity in connection with the drafting of a proposed emergency rule
except for an activity necessary to prepare the statement of the scope of the proposed 2
emergency rule until the governor and the individual or body with policy-making
3powers over the subject matter of the proposed emergency rule approve approves
227.24 (2) (a) of the statutes is renumbered 227.24 (2) (a) (intro.) 6
and amended to read:
(a) (intro.) At the request of an agency, the joint committee for review 8
of administrative rules may, at any time prior to the expiration date of a rule 9
promulgated under sub. (1) (a), extend the effective period of the emergency rule or 10
part of the emergency rule for as follows:
a period specified by the committee not to exceed 60 days
. Any number 12
of extensions may be granted under this paragraph
, but the total period 13
for all extensions under this subdivision
may not exceed 120 days. The committee
14may grant an extension under this subdivision at any time.
227.24 (2) (a) 2. of the statutes is created to read:
(a) 2. For a period specified by the committee that does not extend 17
beyond March 31 of the following year. An extension under this subdivision may be 18
in addition to, and may overlap with, an extension granted under subd. 1. The 19
committee may grant an extension under this subdivision only within 30 days before 20
the last day of the legislature's final general-business floorperiod in the biennial 21
session as established in the joint resolution required under s. 13.02 (3).
227.24 (2) (am) of the statutes is amended to read:
(am) Any request by an agency to extend the effective period of the 24
emergency rule or part of the emergency rule shall be made in writing to the joint
committee for review of administrative rules no later than 30 days before the initial 2
expiration date of the emergency rule.
227.24 (4) of the statutes is amended to read:
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 6
agency shall hold a public hearing within 45 days after it promulgates a rule under 7
sub. (1). If within that 45-day period the agency submits to the legislative council 8
staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall 9
hold a public hearing on both rules within 90 days after promulgation of the rule 10
under sub. (1), or within 30 days after the agency receives the report on the proposed 11
rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.
227.26 (4) of the statutes is created to read:
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 15
due to the repeal or amendment of the law that previously authorized its 16
(b) Notwithstanding ss. 227.114 to 227.117 and 227.135 to 227.19, an agency 18
that promulgated or that otherwise administers a rule that the agency determines 19
is an unauthorized rule may petition the joint committee for review of administrative 20
rules for authorization to repeal that rule by using the following process:
1. The agency shall submit a petition with a proposed rule that repeals the rule 22
the agency has determined is an unauthorized rule to the legislative council staff for 23
review. The proposed rule shall be in the form required under s. 227.14 (1) and shall 24
include the material required under s. 227.14 (2) (a) 1., 2., and 7. and a statement that 25
the agency is petitioning the joint committee for review of administrative rules to use
the process under this subsection to repeal a rule the agency has determined to be 2
an unauthorized rule.
2. The legislative council staff shall review the petition and proposed rule in 4
accordance with s. 227.15 (2) and submit to the joint committee for review of 5
administrative rules the petition and proposed rule with a written report including 6
a statement of its determination as to whether the proposed rule proposes to repeal 7
an unauthorized rule.
3. Following receipt of the petition and proposed rule submitted by the 9
legislative council staff under subd. 2., the joint committee for review of 10
administrative rules shall review the petition and proposed rule and may do any of 11
a. Approve the agency's petition if the committee determines that the proposed 13
rule would repeal an unauthorized rule.
b. Deny the agency's petition.
c. Request that the agency make changes to the proposed rule and resubmit the 16
petition and proposed rule under subd. 1.
4. The committee shall inform the agency in writing of its decision as to the 18
(c) If the joint committee for review of administrative rules approves a petition 20
to repeal an unauthorized rule as provided in par. (b) 3. a., the agency may 21
promulgate the proposed rule by filing a certified copy of the rule with the legislative 22
reference bureau under s. 227.20, together with a copy of the committee's decision.
227.52 (7) of the statutes is amended to read:
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
227.55 of the statutes is renumbered 227.55 (1) and amended 5
Within 30 days after service of the petition for review upon the 7
agency, 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 9
court 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, 11
exhibits, findings, decisions, orders,
and exceptions, therein; but except that
stipulation of all parties to the review proceedings the record may be shortened by 13
eliminating 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 15
additional costs. The Except as provided in sub. (2), the
record may be typewritten 16
or printed. The exhibits may be typewritten, photostated photocopied,
or otherwise 17
reproduced, or, upon motion of any party, or by order of the court, the original exhibits 18
shall accompany the record. The court may require or permit subsequent corrections 19
or additions to the record when deemed desirable.
227.55 (2) of the statutes is created to read:
In the case of a record under sub. (1) that is in the possession of the 22
division of hearings and appeals, if any portion of the record is in the form of an audio 23
or video recording, the division may transmit to the reviewing court a copy of that 24
recording in lieu of preparing a transcript, unless the court requests a transcript.
227.59 of the statutes is amended to read:
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 3
an administrative officer, commission, department,
or other administrative tribunal 4
of the state required by law to be instituted in or taken to the circuit court of Dane 5
County except an action or appeal for the review of any order of the department of 6
workforce development or the department of safety and professional services or
7findings and orders of the labor and industry review commission which that
instituted or taken and is not called for trial or hearing within 6 months after the 9
proceeding or action is instituted, and the trial or hearing of which is not continued 10
by stipulation of the parties or by order of the court for cause shown, shall on the 11
application of either party on 5 days' written notice to the other be certified and 12
transmitted for trial to the circuit court of the county of the residence or principal 13
place of business of the plaintiff or petitioner, where the action or proceeding shall 14
be given preference. Unless written objection is filed within the 5-day period, the 15
order certifying and transmitting the proceeding shall be entered without hearing. 16
The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County 17
a fee of $2 for transmitting the record.
230.08 (2) (e) 3e. of the statutes is amended to read:
(e) 3e. Corrections — 7 8
230.08 (2) (pd) of the statutes is repealed.
230.08 (2) (wh) of the statutes is repealed.
230.08 (2) (xc) of the statutes is repealed.
230.08 (4) (d) of the statutes is repealed.
230.13 (1) (intro.) of the statutes is amended to read:
(intro.) Except as provided in sub. (3) and ss. 19.36 (10) to (12) and
and 103.13, the director and the administrator may keep records of the following 3
personnel matters closed to the public:
230.337 of the statutes is repealed.
230.44 (1) (f) of the statutes is repealed.
230.44 (4) (bm) of the statutes is amended to read:
(bm) Upon request of an employee who files an appeal of the decision 8
of 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 10
under rules promulgated for this purpose by the commission. In such an arbitration, 11
the arbitrator shall orally render a decision at the conclusion of the hearing 12
or rejecting the decision of the administrator. The decision of 13
the arbitrator is final and is not subject to review by the commission. An arbitrator's 14
decision may not be cited as precedent in any other proceeding before the commission 15
or before any court. The arbitrator shall promptly file his or her decision with the 16
commission. The decision of the arbitrator shall stand as the decision of the 17
commission. The decision of the commission is subject to review under ss. 227.53 to 18
227.57 only on the ground that the decision was procured by corruption, fraud,
undue means or that the arbitrator or the commission exceeded the arbitrator's or 20
the commission's power. The record of a proceeding under this paragraph shall be 21
transcribed as provided in s. 227.44 (8).
230.45 (1) (am) of the statutes is amended to read:
(am) Designate a commissioner or Serve as an arbitrator, or
an attorney employed by the commission to serve as an arbitrator,
arbitrations under s. 230.44 (4) (bm).
230.85 (3) (b) of the statutes is amended to read:
(b) If, after hearing, the division of equal rights finds that the 3
respondent did not engage in or threaten a retaliatory action it shall order the 4
complaint dismissed. The division of equal rights shall order the employee's 5
appointing authority to insert a copy of the findings and orders into the employee's 6
personnel file and, if the respondent is a natural person, order the respondent's 7
appointing authority to insert such a copy into the respondent's personnel file. If the 8
division of equal rights finds by unanimous vote
that the employee filed a frivolous 9
complaint it may order payment of the respondent's reasonable actual attorney fees 10
and actual costs. Payment may be assessed against either the employee or the 11
employee's attorney, or assessed so that the employee and the employee's attorney 12
each pay a portion. To find a complaint frivolous the division of equal rights must 13
find that s. 802.05 (2) or 895.044 has been violated.
231.01 (7) (d) 2. of the statutes is amended to read:
(d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 16
455, or 464,
or the substantially equivalent laws or rules of another state.
233.13 (intro.) of the statutes is amended to read:
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 20
matters closed to the public:
238.123 of the statutes is repealed.
238.124 of the statutes is created to read:
23238.124 Loan limitations. (1)
Each loan the corporation originates is subject 24
to all of the following limitations:
(a) Except for a loan issued under the corporation's technology development 2
loan program as that program was constituted on January 1, 2015, the loan may not 3
be funded from any appropriation to the corporation and shall be funded only from 4
repayments of other loans.
(b) The loan may not be forgivable in whole or in part upon the loan recipient's 6
achievement of one or more conditions or goals.
Each new lending program the corporation implements or administers 8
shall adhere as closely as practicable to commonly accepted commercial lending 9
practices. The corporation shall adopt policies and procedures implementing this 10
238.15 (1) (L) of the statutes is renumbered 238.15 (1) (L) 1. and 12
amended to read:
(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 15
have qualified for tax credits under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 16
238.15 (1) (L) 2. of the statutes is created to read:
(L) 2. For taxable years beginning after December 31, 2016, it has 19
not received more than $12,000,000 in investments that have qualified for tax credits 20
under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), and 76.638.
238.15 (3) (d) (intro.) of the statutes is amended to read:
(intro.) The corporation, in consultation with 23
the department of revenue, shall establish policies and procedures to administer this 24
section and shall further define “bona fide angel investment" for purposes of s. 71.07 25
(5d) (a) 1. The aggregate amount of tax credits under s. 71.07 (5d) that may be
claimed for investments in businesses certified under sub. (1) and of tax credits 2
under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638 that may be claimed for 3
investments paid to fund managers certified under sub. (2) is $30,000,000 per 4
calendar year. The policies and procedures shall provide that a person who receives 5
a credit under s. 71.07 (5b) or (5d), 71.28 (5b), 71.47 (5b), or 76.638 must keep the 6
investment in a certified business, or with a certified fund manager, for no less than 7
3 years, unless the person's investment becomes worthless, as determined by the 8
corporation, during the 3-year period or the person has kept the investment for no 9
less than 12 months and a bona fide liquidity event, as determined by the 10
corporation, occurs during the 3-year period. The policies and procedures shall 11
permit the corporation to reallocate credits under this section in any calendar year 12
that are were
unused in that the immediately preceding
calendar year to a person 13
eligible for tax benefits, as defined under s. 238.30 (7) (e), if all of the following apply:
238.17 of the statutes is renumbered 238.17 (1) and amended 15
For taxable years beginning after December 31, 2013, the 17
corporation may certify a person to claim a tax credit under s. 71.07 (9m), 71.28 (6), 18
or 71.47 (6), if the corporation determines that the person is conducting an eligible 19
activity under s. 71.07 (9m), 71.28 (6), or 71.47 (6). No person may claim a tax credit 20
under s. 71.07 (9m), 71.28 (6), or 71.47 (6) without first being certified under this 21section subsection
238.17 (2) of the statutes is created to read:
(a) For the calendar year 2017, the tax credits certified under sub. 24
(1) may total no more than whichever of the following is greater:
2. The amount certified by the corporation between January 1, 2017, and the 2
effective date of this subdivision .... [LRB inserts date].
(b) Beginning in the calendar year 2018, the tax credits certified under sub. (1) 4
may total no more than $10,000,000 annually.
238.17 (3) of the statutes is created to read: