2005 Wisconsin Act 249

249,27 Section 27. 227.19 (4) (c) of the statutes is amended to read:

227.19 (4) (c) Agency not to promulgate rule during committee review. An agency may not promulgate a proposed rule during the committee review period unless both committees waive jurisdiction over the proposed rule prior to the expiration of the review period. A committee may waive its jurisdiction by adopting, by a majority vote of a quorum of the committee, a motion waiving the committee's jurisdiction. The committee shall report its action in writing to the joint committee for review of administrative rules within 2 working days after the waiver action.

Note: Under current law, if a committee reviewing a proposed rule waives its jurisdiction over the rule, it must report this action in writing to the joint committee for review of administrative rules within 2 working days after the waiver action. This Section eliminates the reporting requirement.

249,28 Section 28. 227.19 (5) (a) of the statutes is amended to read:

227.19 (5) (a) Referral. If a committee objects to a proposed rule, the committee shall report the proposed rule and the objection to the presiding officer chief clerk of the appropriate house within 2 5 working days after making the objection. The presiding officer chief clerk shall refer the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report.

Note: Current law provides that if a committee objects to a proposed rule, the committee must report the proposed rule and the objection to the presiding officer of the appropriate house within 2 working days after making the objection. The presiding officer then refers the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report. This Section provides that the report and the objection must be sent to the chief clerk of the appropriate house within 5 working days after making the objection. The chief clerk then will refer the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report. This Section reflects methods of internal processing within the legislature and standardizes the reporting and referral periods.

249,29 Section 29. 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:

227.19 (5) (b) 1. (intro.) The review period for the joint committee for review of administrative rules extends for 30 days after a proposed rule and objection are referred to it. The joint committee for review of administrative rules shall meet and take action in executive session during that period, except that if the cochairpersons take either of the following actions within the 30-day period, the joint committee review period is continued for 30 days from the date on which the first action is taken 30-day review period would have expired:

Note: See the Note to Section 23 for a description of how the joint committee for review of administrative rules may extend its period of review over a proposed rule that has received an objection.

249,30 Section 30. 227.19 (5) (b) 2. of the statutes is amended to read:

227.19 (5) (b) 2. If the joint committee for review of administrative rules, by a majority vote of a quorum of the committee, recommends requests modifications in a proposed rule, and the agency, in writing, agrees to make consider making modifications, the review period for the joint committee for review of administrative rules is extended either to the 10th working day following receipt by the joint committee of the modified proposed rule or a written statement to the joint committee that the agency will not make modifications or to the expiration of the review period under subd. 1., whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made.

Note: See the Note to Section 24 for a description of how the joint committee for review of administrative rules may enter into a modification agreement with an agency that has submitted a proposed rule that has received an objection.

249,31 Section 31. 227.19 (5) (b) 4. of the statutes is amended to read:

227.19 (5) (b) 4. If the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule before the day specified under s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 7 10 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule to the joint committee for review of administrative rules. The committee review period that was interrupted by the loss of jurisdiction under this subdivision continues for the joint committee for review of administrative rules to which the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.

Note: Current law provides that if the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule before the day a new legislature convenes, the joint committee's jurisdiction immediately ceases and, within 7 working days after that date, the presiding officer of the appropriate house must refer the proposed rule again to the joint committee for review of administrative rules. This Section amends the statute to provide that the presiding officer must make this referral within 10 working days after the new legislature convenes.

249,32 Section 32. 227.19 (5) (e) of the statutes is amended to read:

227.19 (5) (e) Bills to prevent promulgation. When the joint committee for review of administrative rules objects to a proposed rule it shall, within 30 days of the date of the objection, introduce in each house of the legislature, for consideration at any regular session, a bill to support the objection. Within 10 working days after introduction, the presiding officer of each house of the legislature shall refer the bill to the appropriate standing committee meet and take executive action regarding the introduction, in each house of the legislature, of a bill to support the objection. The joint committee shall introduce the bills within 5 working days after taking executive action in favor of introduction of the bills unless the bills cannot be introduced during this time period under the joint rules of the legislature.

Note: Current law provides that when the joint committee for review of administrative rules objects to a proposed rule, it must, within 30 days of the date of the objection, introduce in each house of the legislature a bill to support the objection. This Section provides that the joint committee, following an objection, must, within 30 days of the date of the objection, meet and take executive action regarding the introduction of a bill to support the objection. The joint committee must introduce the bills within 5 working days after taking executive action in favor of introduction of the bills.

249,33 Section 33. 227.19 (5) (g) (intro.) of the statutes is amended to read:

227.19 (5) (g) (intro.) If the bills required under par. (e) are introduced on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, as provided under s. 13.02 (2), or if the bills cannot be introduced during this time period under the joint rules of the legislature, the joint committee for review of administrative rules shall reintroduce introduce the bills on the first day of the next regular session of the legislature, unless either house adversely disposes of either bill. If the joint committee for review of administrative rules is required to reintroduce introduce the bills, the agency may not promulgate the proposed rule to which the bills pertain except as provided in par. (f). If either house adversely disposes of either bill, the agency may promulgate the proposed rule that was objected to. In this paragraph, "adversely disposes of" means that one house has voted in one of the following ways:

Note: Current law provides that if the joint committee for review of administrative rules introduces objection-sustaining legislation on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, the joint committee for review of administrative rules must introduce the bills on the next day of the regular session, unless either house adversely disposes of either bill in the current session. This Section clarifies that the introduction requirement also applies if the bills cannot be introduced by the joint committee on or after February 1 of an even-numbered year under the joint rules of the legislature.

249,34 Section 34. 227.19 (6) (b) of the statutes is amended to read:

227.19 (6) (b) Upon introduction of the bills under sub. (5), the presiding officer of each house of the legislature shall refer the bill introduced in that house to the appropriate committee, to the calendar scheduling committee or directly to the calendar. If the committee to which a bill is referred makes no report within 30 days after referral, the bill shall be considered reported without recommendation. No later than 40 days after referral, or as soon thereafter as is possible if the legislature is not in a floorperiod 40 days after referral, the bills shall be placed on the calendar of each house of the legislature according to its rule governing the placement of proposals on the calendar. A bill introduced under this section which is received in the 2nd house shall be referred, reported and placed on the calendar in the same manner as an original bill introduced under this section.

Note: Current law provides that when objection-sustaining legislation is introduced, a bill must be placed on the calendar of each house of the legislature no later than 40 days after referral. This Section provides that the bills must be placed on the calendar no later than 40 days after referral or as soon thereafter if the legislature is not in a floorperiod 40 days after referral. This change will accommodate periods of recess in the legislative schedule.

249,35 Section 35 . 227.20 (1), (2), and (3) (intro.) of the statutes are amended to read:

227.20 (1) An agency shall file a certified copy of each rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have copy has been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's revisor's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

(2) The secretary of state revisor shall endorse the date and the time of filing on each certified copy filed under sub. (1). The secretary of state revisor shall keep a file of all certified copies filed under sub. (1).

(3) (intro.) Filing a certified copy of a rule with the secretary of state revisor creates a presumption of all of the following:

Note: Current law requires agencies to file a certified copy of each rule that is promulgated with 2 state officials--the secretary of state and the revisor of statutes. This Section eliminates the need to file a copy with the secretary of state.

249,36 Section 36 . 227.21 (2) (b) of the statutes is amended to read:

227.21 (2) (b) The revisor and the attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disk or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in s. 601.41 (3) (b), that the standards are on file at the offices of the agency, the secretary of state, and the revisor.

Note: Current law provides that if an agency incorporates standards into a rule by reference rather than replicating the entire standard in the text of the rule, it must ensure that the referenced standards are on file at the offices of the agency, the secretary of state, and the revisor of statutes. This Section eliminates the need to ensure that the standards are on file with the secretary of state. In addition, this Section allows the standards to be in a format other than a paper copy.

Current law also requires that the agency receive the consent of the revisor of statutes and the attorney general in order to incorporate the standard by reference. This Section eliminates the requirement for the agency to receive the consent of the revisor.

249,37 Section 37. 227.22 (2) (e) of the statutes is amended to read:

227.22 (2) (e) The rule has a significant economic impact on small businesses, as defined in s. 227.114 (1), in which case the rule applies to small businesses on no earlier than the first day of the 3rd month commencing after the date of publication of the rule.

Note: Current law states that if a proposed rule has a significant economic impact of small businesses, the rule takes effect on the first day of the 3rd month after the date of publication of the rule. This Section specifies that the delay is required only if the impact is adverse. This allows a rule that has a significant economic impact that is beneficial to small businesses to take effect sooner. In addition, this Section specifies that the adverse proposed rule may take effect "no earlier than" the first day of the 3rd month after publication.

249,38 Section 38 . 227.24 (2) (am) of the statutes is amended to read:

227.24 (2) (am) Any request by an agency to extend the effective period of the emergency rule or part of the emergency rule must shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the initial expiration date of the emergency rule. At the time that the agency submits the written request to the joint committee for review of administrative rules, the agency shall submit a copy of the written request to the presiding officer of each house of the legislature and to the appropriate committees of each house of the legislature, as determined by the presiding officer of each house of the legislature. The presiding officer of each house of the legislature shall enter a statement in the journal of his or her house that the agency has submitted a request to extend the effective period of the emergency rule or part of the emergency rule. This paragraph shall not apply to any subsequent request by the agency to extend the same emergency rule or part of the emergency rule.

Note: Current law provides that an agency may request the extension of the effective period of an emergency rule. When it does so, the agency must submit a copy of its written request for the extension to the presiding officer of each house of the legislature and to the appropriate committees of each house of the legislature. Similarly, when the joint committee for review of administrative rules extends the effective period of an emergency rule, it must file a statement about the action with various offices, including the presiding officer of each house of the legislature, the appropriate committees of each house of the legislature, and the secretary of state. The submission of these requests and statements will be noted in the journals of the legislature. Sections 38 and 39 eliminate notice to the presiding officers, the standing committees, and the secretary of state and, consequently eliminate the need to record these actions in the journals of the legislature.

249,39 Section 39 . 227.24 (2) (c) of the statutes is amended to read:

227.24 (2) (c) Whenever the committee extends an emergency rule or part of an emergency rule under par. (a), it shall file a statement of its action with the agency promulgating the emergency rule, the presiding officer of each house of the legislature, the appropriate committees of each house of the legislature, as determined by the presiding officer of each house of the legislature, the secretary of state and the revisor of statutes. The statement shall identify the specific emergency rule or part of an emergency rule to which it relates. The presiding officer of each house of the legislature shall enter a statement in the journal of his or her house that the emergency rule or part of the emergency rule has been extended.

Note: See the Note to Section 38.

249,41 Section 41. 227.25 (3) of the statutes is amended to read:

227.25 (3) An agency may request an advance commitment as to the title or numbering of a proposed rule by submitting a copy of the proposed rule indicating the requested title and numbering to the revisor prior to filing. As soon as possible after that, the revisor shall either approve the request or inform the agency of any change necessary to preserve uniformity in the code. If the title or numbering of a rule is revised, the revisor shall verify that a certified copy of the revised version has been filed with the secretary of state.

Note: Current law provides that if the numbering of a rule is revised, the revisor must verify that a certified copy of the revised version has been filed with the secretary of state. This Section eliminates this requirement, since, in accordance with the amendments in Section 35 , certified copies of rules no longer will be deposited with the secretary of state.

249,42 Section 42. 227.26 (2) (f) of the statutes is amended to read:

227.26 (2) (f) Introduction of bills. If any rule is suspended, the committee shall, within 30 days after the suspension, introduce in each house of the legislature, for consideration at any regular session, a bill to repeal the suspended rule meet and take executive action regarding the introduction, in each house of the legislature, of a bill to support the suspension. The committee shall introduce the bills within 5 working days after taking executive action in favor of introduction of the bills unless the bills cannot be introduced during this time period under the joint rules of the legislature.

Note: Current law provides that when the joint committee for review of administrative rules suspends an existing rule, it must, within 30 days of the date of the suspension, introduce in each house of the legislature a bill to support the suspension. This Section provides that the joint committee, following a suspension, must, within 30 days of the date of the suspension, meet and take executive action regarding the introduction of a bill to support the suspension. The joint committee must introduce the bills within 5 working days after taking executive action in favor of introduction of the bills.

249,43 Section 43. 227.26 (2) (h) of the statutes is amended to read:

227.26 (2) (h) Legislative procedure. Upon the introduction of bills by the committee under this subsection, the presiding officer of each house of the legislature shall refer the bill introduced in that house to the appropriate committee, to the calendar scheduling committee or directly to the calendar. If the committee to which a bill is referred makes no report within 30 days after referral, the bill shall be considered reported without recommendation. No later than 40 days after referral, or as soon thereafter as is possible if the legislature is not in a floorperiod 40 days after referral, the bills shall be placed on the calendar of each house of the legislature according to its rule governing the placement of proposals on the calendar. A bill introduced under this subsection which is received in the 2nd house shall be referred, reported and placed on the calendar in the same manner as an original bill introduced under this subsection.

Note: Current law provides that when suspension-sustaining legislation is introduced, a bill must be placed on the calendar of each house of the legislature no later than 40 days after referral. This Section provides that the bills must be placed on the calendars no later than 40 days after referral or as soon thereafter if the legislature is not in a floorperiod 40 days after referral. This change will accommodate periods of recess in the legislative schedule.

249,44 Section 44. 227.26 (2) (j) of the statutes is amended to read:

227.26 (2) (j) Late introduction of bills; effect. If the bills required under par. (f) are introduced on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, as provided under s. 13.02 (2), or if the bills cannot be introduced during this time period under the joint rules of the legislature, unless either house adversely disposes of either bill, the committee shall reintroduce introduce the bills on the first day of the next regular session of the legislature. If the committee is required to reintroduce introduce the bills on the first day of the next regular session, the rule to which the bills pertain remains suspended except as provided in par. (i). If either house adversely disposes of either bill, the rule remains in effect and the committee may not suspend it again. In this paragraph, "adversely disposes of" has the meaning given under s. 227.19 (5) (g).

Note: Current law provides that if the joint committee for review of administrative rules introduces suspension-sustaining legislation on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, the joint committee must introduce the bills on the next day of the regular session, unless either house adversely disposes of either bill in the current session. This Section clarifies that the introduction requirement also applies if the bills cannot be introduced by the joint committee on or after February 1 of an even-numbered year under the joint rules of the legislature.

249,45 Section 45. 227.26 (2) (L) of the statutes is created to read:

227.26 (2) (L) Emergency rules. If the committee suspends an emergency rule under this section, the agency may not submit to the legislature under s. 227.19 (2) the substance of the emergency rule as a proposed permanent rule during the time the emergency rule is suspended.

Note: Current law permits the joint committee for review of administrative rules to suspend a rule, including an emergency rule. This Section codifies current practice by stating that if the committee suspends an emergency rule, the agency may not promulgate the substance of the emergency rule as a proposed permanent rule during the time the emergency rule is suspended.

249,46 Section 46. 227.27 (2) of the statutes is amended to read:

227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the revisor and or the secretary of state, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

Note: This Section amends a reference to a rule filed with the revisor and the secretary of state by instead referring to a rule filed with the revisor or the secretary of state. The change is necessitated by the amendments in Section 35 that provide that certified copies of rules no longer will be deposited with the secretary of state.

249,47 Section 47. 227.30 (1) of the statutes is amended to read:

227.30 (1) The small business regulatory review board may review the rules and guidelines of any state agency to determine whether any of those rules or guidelines place an unnecessary burden on the ability of small businesses, as defined in s. 227.114 (1), to conduct their affairs. If the board determines that a rule or guideline places an unnecessary burden on the ability of a small business to conduct its affairs, the board shall submit a report and recommendations regarding the rule or guideline to the joint committee for review of administrative rules and to the agency.

Note: Current law provides that the small business regulatory review board may review rules and guidelines of an agency to determine whether an unnecessary burden is placed on the ability of small businesses to conduct their affairs. If a burden is found, the board must submit a report and recommendations to the joint committee for review of administrative rules. This Section provides that the report also must be submitted to the agency whose rules and guidelines have been reviewed.

249,48 Section 48. 227.30 (3) of the statutes is amended to read:

227.30 (3) The joint committee for review of administrative rules may refer the report regarding the rule or guideline to the presiding officer of each house of the legislature for referral to a committee under s. 227.19 (2) or may review the rule or guideline as provided under s. 227.19 (5) 227.26.

Note: This Section corrects a cross-reference.

249,49 Section 49. 227.40 (2) (f) of the statutes is amended to read:

227.40 (2) (f) Proceedings under s. 227.114 (6m) or 227.14 (2g).

Note: Current law specifies the types of judicial proceedings in which the validity of a rule may be determined. One of the types of proceedings listed, review of proposed rules by the small business regulatory review board, is not a judicial proceeding and the reference to that review is therefore deleted by this Section.

249,50 Section 50. 601.41 (3) (b) of the statutes is amended to read:

601.41 (3) (b) The commissioner may, without the consent of the revisor or the attorney general as required under s. 227.21 (2), adopt standards of the National Association of Insurance Commissioners by incorporating by reference in rules promulgated by the commissioner any materials published, adopted, or approved by the National Association of Insurance Commissioners, without reproducing the standards in full. The standards referred to in this paragraph do not include any model act or model regulation proposed or adopted by the National Association of Insurance Commissioners. Any materials of the National Association of Insurance Commissioners that are incorporated by reference in rules promulgated by the commissioner shall be obtainable from, and are only required to be kept on file at, the office, which shall be stated in any rule containing such an incorporation by reference. Nothing in this paragraph prohibits the commissioner from adopting standards of the National Association of Insurance Commissioners through incorporation by reference in rules in the manner provided under s. 227.21 (2).

Note: See the Note to Section 36.

249,51 Section 51. Effective date. This act takes effect on the first January 1 or July 1 occurring after publication of this act whichever occurs first.