SB884,16 8Section 16. 16.84 (2m) of the statutes is created to read:
SB884,20,189 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.
SB884,17 19Section 17 . 16.84 (5) (d) of the statutes is repealed.
SB884,18 20Section 18. 16.973 (15) of the statutes is created to read:
SB884,20,2521 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:
SB884,21,1
1(a) A financial statement of state revenues and expenditures.
SB884,21,32 (b) A list of services available through the portal, identifying services added
3since the previous reporting period.
SB884,21,44 (c) Fees charged for each service available through the portal.
SB884,21,55 (d) The activity level of each service available through the portal.
SB884,21,76 (e) Any other information the department determines to be appropriate to
7include.
SB884,19 8Section 19. 20.455 (1) (gh) of the statutes is amended to read:
SB884,21,139 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)
.
SB884,20 14Section 20. 20.455 (2) (gb) of the statutes is amended to read:
SB884,21,1915 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.
SB884,21 20Section 21. 20.455 (3) (g) of the statutes is amended to read:
SB884,22,221 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.
SB884,22 3Section 22 . 35.93 (2) (b) 3. im. of the statutes is created to read:
SB884,22,54 35.93 (2) (b) 3. im. Notices of public comment periods on proposed guidance
5documents under s. 227.112 (1) (a).
SB884,23 6Section 23. 45.57 of the statutes is amended to read:
SB884,22,117 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.
SB884,24 12Section 24. 165.055 (3) of the statutes is repealed.
SB884,25 13Section 25 . 165.07 of the statutes is created to read:
SB884,22,18 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.
SB884,26 19Section 26 . 165.08 of the statutes is renumbered 165.08 (1) and amended to
20read:
SB884,23,721 165.08 (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
.
SB884,23,10 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.
SB884,27 11Section 27 . 165.10 of the statutes, as created by 2017 Wisconsin Act 59, is
12amended to read:
SB884,23,25 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.
SB884,28
1Section 28. 165.25 (1) of the statutes is amended to read:
SB884,24,152 165.25 (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.
SB884,29 16Section 29 . 165.25 (1m) of the statutes is amended to read:
SB884,25,517 165.25 (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).
SB884,30 6Section 30 . 165.25 (6) (a) of the statutes is renumbered 165.25 (6) (a) 1. and
7amended to read:
SB884,26,48 165.25 (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
.
SB884,26,16 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.
SB884,31 17Section 31 . 227.01 (3m) of the statutes is created to read:
SB884,26,2118 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:
SB884,26,2422 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.
SB884,27,3
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.
SB884,27,44 (b) “Guidance document" does not include any of the following:
SB884,27,65 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.
SB884,27,107 2. A standard adopted, or a statement of policy or interpretation made, whether
8preliminary or final, in the decision of a contested case, in a private letter ruling
9under s. 73.035, or in an agency decision upon or disposition of a particular matter
10as applied to a specific set of facts.
SB884,27,1411 3. Any document or activity described in sub. (13) (a) to (zz), except that
12“guidance document" includes a pamphlet or other explanatory material described
13under sub. (13) (r) that otherwise satisfies the definition of “guidance document"
14under par. (a).
SB884,27,1615 4. Any document that any statute specifically provides is not required to be
16promulgated as a rule.
SB884,27,1717 5. A declaratory ruling issued under s. 227.41.
SB884,27,1818 6. A pleading or brief filed in court by the state, an agency, or an agency official.
SB884,27,2119 7. A letter or written legal advice of the department of justice or a formal or
20informal opinion of the attorney general, including an opinion issued under s.
21165.015 (1).
SB884,27,2322 8. Any document or communication for which a procedure for public input,
23other than that provided under s. 227.112 (1), is provided by law.
SB884,27,2524 9. Any document or communication that is not subject to the right of inspection
25and copying under s. 19.35 (1).
SB884,32
1Section 32. 227.01 (13) (intro.) of the statutes is amended to read:
SB884,28,92 227.01 (13) (intro.) “Rule" means a regulation, standard, statement of policy,
3or general order of general application which that has the effect force of law and
4which that is issued by an agency to implement, interpret, or make specific
5legislation enforced or administered by the agency or to govern the organization or
6procedure of the agency. “Rule" includes a modification of a rule under s. 227.265.
7“Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an
8agency, whether it would otherwise meet the definition under this subsection, which
9that:
SB884,33 10Section 33 . 227.05 of the statutes is created to read:
SB884,28,16 11227.05 Agency publications. An agency shall identify the applicable
12provision of federal law or the applicable state statutory or administrative code
13provision that supports any statement or interpretation of law that the agency
14makes in any publication, whether in print or on the agency's Internet site, including
15guidance documents, forms, pamphlets, or other informational materials, regarding
16the laws the agency administers.
SB884,34 17Section 34 . Subchapter II (title) of chapter 227 [precedes 227.10] of the
18statutes is amended to read:
SB884,28,1919 Chapter 227
SB884,28,2020 Subchapter II
SB884,28,2221 ADMINISTRATIVE RULES and
22 GUIDANCE DOCUMENTS
SB884,35 23Section 35 . 227.10 (2g) of the statutes is created to read:
SB884,28,2524 227.10 (2g) No agency may seek deference in any proceeding based on the
25agency's interpretation of any law.
SB884,36
1Section 36. 227.11 (title) of the statutes is amended to read:
SB884,29,3 2227.11 (title) Extent to which chapter confers Agency rule-making
3authority.
SB884,37 4Section 37 . 227.11 (3) of the statutes is created to read:
SB884,29,105 227.11 (3) (a) A plan that is submitted to the federal government for the
6purpose of complying with a requirement of federal law does not confer rule-making
7authority and cannot be used by an agency as authority to promulgate rules. No
8agency may agree to promulgate a rule as a component of a compliance plan unless
9the agency has explicit statutory authority to promulgate the rule at the time the
10compliance plan is submitted.
SB884,29,1611 (b) A settlement agreement, consent decree, or court order does not confer
12rule-making authority and cannot be used by an agency as authority to promulgate
13rules. No agency may agree to promulgate a rule as a term in any settlement
14agreement, consent decree, or stipulated order of a court unless the agency has
15explicit statutory authority to promulgate the rule at the time the settlement
16agreement, consent decree, or stipulated order of a court is executed.
SB884,38 17Section 38 . 227.112 of the statutes is created to read:
SB884,29,23 18227.112 Guidance documents. (1) (a) Before adopting a guidance document,
19an agency shall submit to the legislative reference bureau the proposed guidance
20document with a notice of a public comment period on the proposed guidance
21document under par. (b), in a format approved by the legislative reference bureau,
22for publication in the register. The notice shall specify the place where comments
23should be submitted and the deadline for submitting those comments.
SB884,30,624 (b) The agency shall provide for a period for public comment on a proposed
25guidance document submitted under par. (a), during which any person may submit

1written comments to the agency with respect to the proposed guidance document.
2Except as provided in par. (c), the period for public comment shall end no sooner than
3the 21st day after the date on which the proposed guidance document is published
4in the register under s. 35.93 (2) (b) 3. im. The agency may not adopt the proposed
5guidance document until the comment period has concluded and the agency has
6complied with par. (d).
SB884,30,87 (c) An agency may hold a public comment period shorter than 21 days with the
8approval of the governor.
SB884,30,129 (d) An agency shall retain all written comments submitted during the public
10comment period under par. (b) and shall consider those comments in determining
11whether to adopt the guidance document as originally proposed, modify the proposed
12guidance document, or take any other action.
SB884,30,19 13(2) An agency shall post each guidance document that the agency has adopted
14on the agency's Internet site and shall permit continuing public comment on the
15guidance document. The agency shall ensure that each guidance document that the
16agency has adopted remains on the agency's Internet site as provided in this
17subsection until the guidance document is no longer in effect, is no longer valid, or
18is superseded or until the agency otherwise rescinds its adoption of the guidance
19document.
SB884,31,2 20(3) A guidance document does not have the force of law and does not provide
21the authority for implementing or enforcing a standard, requirement, or threshold,
22including as a term or condition of any license. An agency that proposes to rely on
23a guidance document to the detriment of a person in any proceeding shall afford the
24person an adequate opportunity to contest the legality or wisdom of a position taken

1in the guidance document. An agency may not use a guidance document to foreclose
2consideration of any issue raised in the guidance document.
SB884,31,8 3(4) If an agency proposes to act in any proceeding at variance with a position
4expressed in a guidance document, it shall provide a reasonable explanation for the
5variance. If an affected person in any proceeding may have relied reasonably on the
6agency's position, the explanation must include a reasonable justification for the
7agency's conclusion that the need for the variance outweighs the affected person's
8reliance interest.
SB884,31,11 9(5) Persons that qualify under s. 227.12 to petition an agency to promulgate
10a rule may, as provided in s. 227.12, petition an agency to promulgate a rule in place
11of a guidance document.
SB884,31,21 12(6) Any guidance document shall be signed by the secretary or head of the
13agency below the following certification: “I have reviewed this guidance document
14or proposed guidance document and I certify that it complies with sections 227.10
15and 227.11 of the Wisconsin Statutes. I further certify that the guidance document
16or proposed guidance document contains no standard, requirement, or threshold
17that is not explicitly required or explicitly permitted by a statute or a rule that has
18been lawfully promulgated. I further certify that the guidance document or proposed
19guidance document contains no standard, requirement, or threshold that is more
20restrictive than a standard, requirement, or threshold contained in the Wisconsin
21Statutes.”
SB884,32,2 22(7) This section does not apply to guidance documents adopted before the first
23day of the 7th month beginning after the effective date of this subsection .... [LRB
24inserts date], but on that date any guidance document that has not been adopted in

1accordance with sub. (1) or that does not contain the certification required under sub.
2(6) shall be considered rescinded.
SB884,32,5 3(8) The legislative council staff shall provide agencies with assistance in
4determining whether documents and communications are guidance documents that
5are subject to the requirements under this section.
SB884,39 6Section 39 . 227.13 of the statutes is amended to read:
SB884,32,14 7227.13 Advisory committees and informal consultations. An agency may
8use informal conferences and consultations to obtain the viewpoint and advice of
9interested persons with respect to contemplated rule making. An agency also may
10also appoint a committee of experts, interested persons or representatives of the
11public to advise it with respect to any contemplated rule making. The Such a
12committee shall have advisory powers only. Whenever an agency appoints a
13committee under this section, the agency shall submit a list of the members of the
14committee to the joint committee for review of administrative rules.
SB884,40 15Section 40 . 227.135 (1) (g) of the statutes is created to read:
SB884,32,1916 227.135 (1) (g) A statement as to whether the agency anticipates that the
17proposed rule will have minimal or no economic impact, a moderate economic impact,
18or a significant economic impact, whether locally, statewide, or on a sector of the
19economy.
SB884,41 20Section 41 . 227.135 (1) (h) of the statutes is created to read:
SB884,33,421 227.135 (1) (h) For a proposed emergency rule promulgated under s. 227.24,
22an explanation of why the rule is necessary for the preservation of the public peace,
23health, safety, or welfare. If the rule is exempt from the required finding of
24emergency, the statement of scope shall cite the act number and section or the statute
25section authorizing the promulgation of an emergency rule or a statement that the

1rule is promulgated at the direction of the joint committee for review of
2administrative rules under s. 227.26 (2) (b). The agency shall also include a
3statement as to whether the agency will promulgate a corresponding permanent rule
4and the agency's anticipated time line for promulgating the permanent rule.
SB884,42 5Section 42 . 227.135 (2) of the statutes is renumbered 227.135 (2) (a) 1. and
6amended to read:
SB884,33,187 227.135 (2) (a) 1. An Except as provided in subd. 2., an agency that has
8prepared a statement of the scope of the proposed rule shall present the statement
9to the department of administration, which shall make a determination as to
10whether the agency has the explicit authority to promulgate the rule as proposed in
11the statement of scope and shall report the statement of scope and its determination
12to the governor who, in his or her discretion, may approve or reject the statement of
13scope. The Except as provided in subd. 2., the agency may not send the statement
14to the legislative reference bureau for publication under sub. (3) until the governor
15issues a written notice of approval of the statement and may not, without the written
16approval of the governor, send the statement to the legislative reference bureau for
17publication under sub. (3) more than 30 days after the date of the governor's approval
18of the statement of scope
.
SB884,34,2 19(b) The An agency that has prepared a statement of the scope of the proposed
20rule
shall also present the statement to the individual or body with policy-making
21powers over the subject matter of the proposed rule for approval. The individual or
22body with policy-making powers may not approve the statement until at least 10
23days after publication of the statement under sub. (3) and, if a preliminary public
24hearing and comment period are held by the agency under s. 227.136, until the

1individual or body has received and reviewed any public comments and feedback
2received from the agency under s. 227.136 (5).
SB884,34,9 3(c) No state employee or official may perform any activity in connection with
4the drafting of a proposed rule, except for an activity necessary to prepare the
5statement of the scope of the proposed rule, until the governor and the individual or
6body with policy-making powers over the subject matter of the proposed rule
7approve
the statement has been approved as required under pars. (a) and (b). This
8subsection paragraph does not prohibit an agency from performing an activity
9necessary to prepare a petition and proposed rule for submission under s. 227.26 (4).
SB884,43 10Section 43 . 227.135 (2) (a) 2. of the statutes is created to read:
SB884,34,1211 227.135 (2) (a) 2. The requirement under subd. 1. does not apply to statements
12of scope prepared by the department of public instruction.
SB884,44 13Section 44 . 227.135 (3) of the statutes is amended to read:
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