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LRBa1210/1
SWB:wlj
August 2017 Special Session
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 13,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
September 12, 2017 - Offered by Senator Fitzgerald.
AB1-SSA1-SA13,1,11 At the locations indicated, amend the substitute amendment as follows:
AB1-SSA1-SA13,1,3 21. Page 35, line 4: delete the material beginning with that line and ending with
3page 36, line 6, and substitute:
AB1-SSA1-SA13,1,4 4 Section 59s. 808.04 (7p) of the statutes is created to read:
AB1-SSA1-SA13,1,75 808.04 (7p) An appeal from a judgment or order under s. 809.104 shall be
6initiated by filing the notice required by s. 809.104 (2) (b) within 30 days after the
7date of entry of the judgment or order appealed from.
AB1-SSA1-SA13,59t 8Section 59t. 809.104 of the statutes is created to read:
AB1-SSA1-SA13,2,3 9809.104 Appeal of decisions relating to electronics and information
10technology manufacturing zone.
(1) Applicability. This section applies to the
11appeal of a judgment or order vacating, enjoining, reviewing, or otherwise relating
12to a decision by a state or local official, board, commission, condemnor, authority, or

1department concerning an electronics and information technology manufacturing
2zone designated under s. 238.396 (1m) and supersedes all inconsistent provisions of
3this chapter.
AB1-SSA1-SA13,2,9 4(2) Appeal as of right. (a) Notwithstanding s. 808.03 (1), an appeal from a
5judgment or order of the trial court vacating, enjoining, reviewing, or otherwise
6relating to a decision by a state or local official, board, commission, condemnor,
7authority, or department concerning an electronics and information technology
8manufacturing zone designated under s. 238.396 (1m) may be taken to as a matter
9of right and is governed by this section.
AB1-SSA1-SA13,2,1710 (b) A party may initiate an appeal under this section by filing a notice of appeal
11with the clerk of the trial court in which the order or judgment appealed from was
12entered and shall specify in the notice of appeal the order or judgment appealed from.
13The appellant shall pay the filing fee with the notice of appeal. The clerk of the circuit
14court shall transmit to the court of appeals, within 3 days of the filing of the notice
15of appeal, a copy of the notice of appeal, the filing fee, and a copy of the circuit court
16record of the case maintained under s. 59.40 (2) (b) or (c). The clerk of the court of
17appeals shall file the appeal upon receipt of the items referred to in this paragraph.
AB1-SSA1-SA13,2,2118 (c) The appellant shall request a copy of the transcript of the reporter's notes
19of the proceedings for each of the parties to the appeal and make arrangements to
20pay for the transcript and copies within 5 days after the filing of the notice of appeal
21under par. (b).
AB1-SSA1-SA13,3,1022 (d) The appellant shall file a statement on transcript with the clerk of the court
23of appeals, shall file a copy of the statement on transcript with the clerk of the circuit
24court, and shall serve a copy of the statement on transcript on the other parties to
25the appeal within 5 days after the filing of the notice of appeal in the circuit court

1under par. (b). The statement on transcript shall either designate the portions of the
2transcript that have been requested by the appellant or contain a statement by the
3appellant that a transcript is not necessary for prosecution of the appeal. If a
4transcript is necessary for prosecution of the appeal, the statement on transcript
5shall also contain a statement by the court reporter that the appellant has requested
6copies of the transcript or designated portions thereof for each of the other parties;
7that the appellant has made arrangements to pay for the original transcript and for
8all copies for the other parties; the date on which the appellant requested the
9transcript and made arrangements to pay for it; and the date on which the transcript
10must be served on the parties.
AB1-SSA1-SA13,3,1311 (e) The court reporter shall serve copies of the transcript on the parties
12indicated in the statement on transcript within 5 days after the date the appellant
13requested copies of the transcript under par. (c).
AB1-SSA1-SA13,3,1514 (f) Subsequent proceedings in the appeal are governed by the procedures for
15civil appeals and the procedures under subch. VI, except as follows:
AB1-SSA1-SA13,3,1716 1. The appellant shall file a brief within 15 days after the filing of the record
17on appeal.
AB1-SSA1-SA13,3,1918 2. The respondent shall file a brief within 10 days after the service of the
19appellant's brief.
AB1-SSA1-SA13,3,2120 3. The appellant shall file within 10 days after the service of the respondent's
21brief a reply brief or statement that a reply brief will not be filed.
AB1-SSA1-SA13,3,2422 4. Within 3 days of receipt of the appellant's reply brief or statement that a reply
23brief will not be filed under subd. 3., the court of appeals shall certify the appeal to
24the supreme court under s. 809.61.
AB1-SSA1-SA13,4,4
15. The supreme court shall give preference to a certification from the court of
2appeals under this section. If the supreme court refuses to take jurisdiction of the
3appeal certified to it by the court of appeals under this section, the appeal shall
4continue in the court of appeals as though the certification had not been made.
AB1-SSA1-SA13,4,11 5(3) Stay pending appeal. Any judgment or order of a circuit court vacating,
6enjoining, reviewing, or otherwise relating to a decision by a state or local official,
7board, commission, condemnor, authority, or department concerning an electronics
8and information technology manufacturing zone designated under s. 238.396 (1m)
9shall be stayed automatically upon the filing of an appeal as provided under this
10section. Any party to the proceeding may apply to the appellate court in which the
11case is pending at the time to request that the stay be modified or vacated.”.
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