Amendment AA9-AB251

LRBa2341/1

MED:amn&kjf

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 9, TO ASSEMBLY BILL 251

February 18, 2016 - Offered by Representative Rodriguez.

AB251-AA9,1,1 At the locations indicated, amend the bill as follows:

AB251-AA9,1,2 1. Page 34, line 18: after that line insert:

AB251-AA9,1,3 " Section 69m. 601.41 (3) (c) of the statutes is created to read:

AB251-AA9,1,8 601.41 (3) (c) Notwithstanding ss. 227.135 (2) to (4), 227.136, 227.137 (3m) and (4m), 227.14 (2g), 227.17 (3) (f), 227.185, 227.19 (5) (b) 3., and 227.24 (1) (e) 1d. and 1g. and (1m), rules promulgated by the commissioner that are derived from any model act or model regulation adopted by the National Association of Insurance Commissioners are not subject to any of the following:

AB251-AA9,1,10 1. The requirement to hold a preliminary public hearing and comment period under ss. 227.136 and 227.24 (1) (e) 1d.

AB251-AA9,2,22 2. The requirements under ss. 227.135 (2) to (4) and 227.24 (1) (e) 1d. relating to statements of the scope of proposed rules. Instead, the commissioner shall prepare a statement of the scope of a proposed rule to which this paragraph applies as provided in s. 227.135 (1) and shall present the statement to the governor for approval. The commissioner may not send the statement to the legislative reference bureau for publication in the Wisconsin Administrative Register until the governor issues a written notice of approval of the statement. If the governor approves a statement of the scope of a proposed rule under this subdivision, the commissioner shall send an electronic copy of the statement to the legislative reference bureau, in a format approved by the legislative reference bureau, for publication in the register. On the same day that the commissioner sends the statement to the legislative reference bureau, the commissioner shall send a copy of the statement to the secretary of administration. The commissioner shall include with any statement of scope sent to the legislative reference bureau the date of the governor's approval of the statement of scope. The legislative reference bureau shall assign a discrete identifying number to each statement of scope and shall include that number and the date of the governor's approval in the publication of the statement of scope in the register. If at any time after a statement of the scope of a proposed rule is approved under this subdivision the commissioner changes the scope of the proposed rule in any meaningful or measurable way, including changing the scope of the proposed rule so as to include in the scope any activity, business, material, or product that is not specifically included in the original scope of the proposed rule, the commissioner shall prepare and obtain approval of a revised statement of the scope of the proposed rule in the same manner as the original statement was prepared and approved under this subdivision.

AB251-AA9,2,23 3. The review and approval requirements under s. 227.137 (3m).

AB251-AA9,2,24 4. The applicability of ss. 227.137 (4m) and 227.19 (5) (b) 3.

AB251-AA9,3,2 5. The requirement that a proposed rule be submitted for review under ss. 227.14 (2g) and 227.24 (1m) (a).

AB251-AA9,3,4 6. The requirement that the commissioner include in a hearing notice the information specified under s. 227.17 (3) (f).

AB251-AA9,3,12 7. The requirements under ss. 227.185 and 227.24 (1) (e) 1g. and (1m) (b). Instead, after a proposed rule to which this paragraph applies is in final draft form, the commissioner shall submit the proposed rule to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed rule. If the governor approves a proposed rule, the governor shall provide the commissioner with a written notice of that approval. No rule to which this paragraph applies may be submitted to the legislature for review under s. 227.19 (2) unless the governor has approved the proposed rule in writing.".

AB251-AA9,3,13 (End)