SB150, s. 15
19Section
15. 227.14 (6) (d) of the statutes is created to read:
SB150,9,2120
227.14
(6) (d) If a proposed rule is withdrawn, the proposed rule may be
21promulgated only by commencing the rule-making procedure again with the
1preparation, under s. 227.135, of a statement of the scope of the proposed rule that
2the agency plans to promulgate.
Note: This Section clarifies that when a proposed rule is withdrawn from the
promulgation process in accordance with s. 227.14 (6), stats., the proposed rule may be
promulgated only by commencing the rule-making procedure again, beginning with the
preparation of a scope statement under s. 227.135, stats.
SB150, s. 16
3Section
16. 227.15 (1m) (intro.) of the statutes is amended to read:
SB150,10,124
227.15
(1m) Internet access to proposed rule. (intro.) The
joint legislative
5council
staff shall create and maintain an Internet site that includes a copy of
or link
6to each proposed rule received under sub. (1) in a format that allows
the site to be
7searched searching using keywords. Each agency shall provide the
joint legislative
8council
staff with the proposed rules and other information needed to comply with
9this subsection in the format required by the
joint legislative council
staff. The
10Internet site shall
include a section devoted to
identify or provide a link to a site that
11identifies proposed rules affecting small businesses, as defined in s. 227.114 (1). The
12Internet site shall also include
or provide a link to all of the following:
Note: Current law requires the joint legislative council to create and maintain an
Internet site that includes certain information about proposed administrative rules. This
Section allows the required information to be provided by a link on the site created and
maintained by the legislative council staff. This Section also makes references to the
legislative council staff consistent with references in the rest of ch. 227, stats.
SB150, s. 17
13Section
17. 227.17 (2) of the statutes is amended to read:
SB150,10,1814
227.17
(2) The notice under sub. (1) shall be given at least 10 days prior to the
15date set for a hearing. Notice through the register is considered to have been given
16on the
first or 15th day of the month following publication effective date of the issue
17of the register in which the notice first appears, or, if applicable, on the date
18prescribed under s. 227.22 (4).
Note: Current law requires an agency to give notice of a public hearing on a
proposed rule through the Wisconsin administrative register. Notice is considered to
have been given on the first or 15th day of the month following publication of the register.
If a notice were published on February 1, 2006, the statute could be interpreted to mean
that the notice becomes effective on the following February 15, March 1, or March 15.
In order to clarify the statutes and reduce possible delays, this
Section provides that the
notice generally will be considered to have been given on the effective date of the issue
of the Wisconsin administrative register in which the notice first appears. Each issue of
the register states its effective date.
SB150, s. 18
1Section
18. 227.17 (3) (d) of the statutes is amended to read:
SB150,11,22
227.17
(3) (d) An analysis of the proposed rule
as required under s. 227.14 (2).
Note: Current law requires that an agency notice of a public hearing on a proposed
rule must include an analysis of the proposed rule. This Section clarifies that the
analysis must include all of the items required under s. 227.14 (2), stats. This analysis
is the same analysis that accompanies a proposed rule when it is submitted to the
legislative council staff for review under s. 227.15, stats.
SB150, s. 19
3Section
19
. 227.19 (2) of the statutes is amended to read:
SB150,11,174
227.19
(2) Notification of legislature. An agency shall submit a notice to the
5presiding officer chief clerk of each house of the legislature when a proposed rule is
6in final draft form. The notice shall be submitted in triplicate and shall be
7accompanied by a report in the form specified under sub. (3). A notice received under
8this subsection on or after September 1 of an even-numbered year shall be
9considered received on the first day of the next regular session of the legislature.
10Each The presiding officer
of each house of the legislature shall, within
7
10 working
11days following the day on which the notice and report are received,
direct the
12appropriate chief clerk to refer them to one
committee, which may be either a 13standing committee
or a joint legislative committee created by law, except the joint
14committee for review of administrative rules. The agency shall submit to the revisor
15for publication in the register a statement that a proposed rule has been submitted
16to the
presiding officer chief clerk of each house of the legislature. Each
presiding
17officer chief clerk shall enter a similar statement in the journal of his or her house.
Note: Current law requires an agency to submit a notice to the presiding officer
of each house of the legislature when a proposed rule is in final draft form. The presiding
officer must, within 7 working days, refer the rule to a committee, which may be either
a standing committee or a joint legislative committee created by law, except the joint
committee for review of administrative rules. This Section requires that the agency
submit the notice to the chief clerk of each house of the legislature for internal processing
and that the referral as directed by the presiding officers must be accomplished within
10 working days. Notice to the chief clerks is in accord with the process for notifying the
legislature of various actions under s. 13.172, stats. This Section also provides that
referral of a proposed rule may be made only to a standing committee.
SB150, s. 20
1Section
20. 227.19 (3) (intro.) of the statutes is amended to read:
SB150,12,92
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
3in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
4the material specified in s. 227.14 (2) to (4), a copy of any economic impact report
5prepared by the agency under s. 227.137, a copy of any report prepared by the
6department of administration under s. 227.138, a copy of any energy impact report
7received from the public service commission under s. 227.117 (2),
and a copy of any
8recommendations of the legislative council staff
, and an analysis. The
analysis 9report shall
also include
all of the following:
Note: This Section clarifies that an agency report to the legislature, rather than
a rule analysis, must contain specified items.
SB150, s. 21
10Section
21. 227.19 (3) (g) of the statutes is created to read:
SB150,12,1311
227.19
(3) (g) The report of the department of commerce, as required by s.
12227.115, if a proposed rule directly or substantially affects the development,
13construction, cost, or availability of housing in this state.
Note: Current law requires the department of commerce to prepare a report on a
proposed rule if the proposed rule directly or substantially affects the development,
construction, cost, or availability of housing in Wisconsin. This
Section requires that the
report be included in the submission of a proposed rule to the legislature.
SB150, s. 22
14Section
22. 227.19 (3) (h) of the statutes is created to read:
SB150,12,1615
227.19
(3) (h) A response to any report prepared by the small business
16regulatory review board under s. 227.14 (2g).
Note: Current law provides that the small business regulatory review board, when
reviewing a proposed rule that may have a significant economic impact on small
businesses, must notify the agency if it determines that the proposed rule does not include
an enforcement provision or that the agency failed to comply with certain statutory
requirements. In addition, the small business regulatory review board may submit
suggested changes in the proposed rule to the agency. This Section requires that when
an agency submits a proposed rule to the legislature for review, it must include its
response to a report prepared by the small business regulatory review board.
SB150, s. 23
1Section
23
. 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:
SB150,13,72
227.19
(4) (b) 1. (intro.) Except as provided under subd. 5., the committee
3review period for each committee extends for 30 days after referral under sub. (2).
4If the chairperson or the cochairpersons of a committee take either of the following
5actions within the 30-day period, the committee review period for that committee is
6continued for 30 days from the date
on which the first
action is taken 30-day review
7period would have expired:
Note: Current law provides that a committee of the legislature has 30 days within
which to review a proposed rule. This period may be extended if, within the 30-day
period, the committee requests in writing that the agency meet with the committee or the
committee publishes or posts notice that it will hold a meeting or hearing regarding the
proposed rule. If the committee takes either of these actions, an additional 30-day review
period begins from the date the action is taken. For example, if a notice of hearing is
published on the 15th day of the initial 30-day review period, the entire review period
will extend to a total of 45 days. If the notice is published on the 30th day of the review
period, the full review period will extend to a total of 60 days. This Section provides that
if a committee requests a meeting or publishes a notice, the review period for the
committee will be 60 days, regardless of when the request or publication took place in the
first 30-day review period.
SB150, s. 24
8Section
24
. 227.19 (4) (b) 2. of the statutes is amended to read:
SB150,13,179
227.19
(4) (b) 2. If a committee, by a majority vote of a quorum of the committee,
10recommends requests modifications in a proposed rule, and the agency, in writing,
11agrees to
make consider making modifications, the review period for both
12committees is extended either to the 10th working day following receipt by the
13committees of the modified proposed rule
or a written statement to the committee
14that the agency will not make modifications or to the expiration of the review period
15under subd. 1., whichever is later. There is no limit either on the number of
16modification agreements that may be entered into or on the time within which
17modifications may be made.
Note: Current law provides that a committee reviewing a proposed rule may enter
into a modification agreement with an agency if the committee requests modifications in
a proposed rule, and the agency, in writing, agrees to make modifications. In practice,
a committee often asks an agency to consider modifications that the agency will take
under advisement. If the agency agrees to do so, the time period for review of a proposed
rule is tolled until the agency responds with drafted amendments or a statement that it
will not make modifications. This Section amends the statute in accordance with current
practice; a committee may request modifications in a proposed rule and the agency, in
writing, may agree to consider making modifications. The review period will be tolled
until the agency submits either the modified proposed rule or a written statement that
it will not make modifications.
SB150, s. 25
1Section
25. 227.19 (4) (b) 3m. of the statutes is created to read:
SB150,14,82
227.19
(4) (b) 3m. An agency may, during the committee review period,
3reconsider its action by recalling the proposed rule from the chief clerk of each house
4of the legislature. If the agency decides to continue the rule-making process with
5regard to the proposed rule, it shall resubmit the proposed rule, either in its recalled
6form or with one or more germane modifications, to the chief clerk in each house of
7the legislature as provided in sub. (2) and the committee review period under subd.
81. shall begin again.
Note: Current law requires that if an agency withdraws a proposed rule from the
review process, it may not promulgate the proposed rule unless it begins the process again
with the filing of a new scope statement. This Section creates a less onerous provision
by authorizing an agency, during the committee review period, to reconsider the proposed
rule by recalling it from the chief clerk of each house of the legislature. If the agency
decides to continue the rule-making process with regard to the proposed rule, it must
resubmit the proposed rule, either in its recalled form or with one or more germane
modifications, to the chief clerk in each house of the legislature for the commencement
of a new committee review period.
SB150, s. 26
9Section
26. 227.19 (4) (b) 6. of the statutes is amended to read:
SB150,15,310
227.19
(4) (b) 6. If a committee has not concluded its jurisdiction over a
11proposed rule before the day specified under s. 13.02 (1) for the next legislature to
12convene, that jurisdiction immediately ceases and, within
7 10 working days after
13that date, the presiding officer of the appropriate house shall refer the proposed rule
14to the appropriate standing committee
or joint legislative committee created by law,
15except the joint committee for review of administrative rules, as provided under sub.
16(2). The committee review period that was interrupted by the loss of jurisdiction
1under this subdivision continues for the committee to which the proposed rule is
2referred under this subdivision beginning on the date of referral under this
3subdivision.
Note: Current law provides that when the committee period for review of a
proposed rule is interrupted by the convening of a new legislature, the review period
ceases and the presiding officer of each house must refer the proposed rule, within 7
working days of the convening of the new legislature, to a standing committee or joint
legislative committee, except the joint committee for review of administrative rules. This
Section provides, following the amendment in Section 19, that the referral process must
be accomplished within 10 working days and that referral of a proposed rule may be made
only to a standing committee.
SB150, s. 27
4Section
27. 227.19 (4) (c) of the statutes is amended to read:
SB150,15,115
227.19
(4) (c)
Agency not to promulgate rule during committee review. An
6agency may not promulgate a proposed rule during the committee review period
7unless both committees waive jurisdiction over the proposed rule prior to the
8expiration of the review period. A committee may waive its jurisdiction by adopting,
9by a majority vote of a quorum of the committee, a motion waiving the committee's
10jurisdiction.
The committee shall report its action in writing to the joint committee
11for 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.
SB150, s. 28
12Section
28. 227.19 (5) (a) of the statutes is amended to read:
SB150,15,1813
227.19
(5) (a)
Referral. If a committee objects to a proposed rule, the committee
14shall report the proposed rule and the objection to the
presiding officer chief clerk of
15the appropriate house within
2 5 working days after making the objection. The
16presiding officer chief clerk shall refer the proposed rule and the objection to the joint
17committee for review of administrative rules within 5 working days after receiving
18the 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.
SB150, s. 29
1Section
29. 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:
SB150,16,82
227.19
(5) (b) 1. (intro.) The review period for the joint committee for review
3of administrative rules extends for 30 days after a proposed rule and objection are
4referred to it. The joint committee for review of administrative rules shall meet and
5take action in executive session during that period, except that if the cochairpersons
6take either of the following actions within the 30-day period, the joint committee
7review period is continued for 30 days from the date
on which the first
action is taken 830-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.
SB150, s. 30
9Section
30. 227.19 (5) (b) 2. of the statutes is amended to read:
SB150,17,210
227.19
(5) (b) 2. If the joint committee for review of administrative rules, by a
11majority vote of a quorum of the committee,
recommends
requests modifications in
12a proposed rule, and the agency, in writing, agrees to
make consider making 13modifications, the review period for the joint committee
for review of administrative
14rules is extended either to the 10th working day following receipt by the joint
15committee of the modified proposed rule
or a written statement to the joint
16committee that the agency will not make modifications or to the expiration of the
17review period under subd. 1., whichever is later. There is no limit either on the
1number of modification agreements that may be entered into or on the time within
2which 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.
SB150, s. 31
3Section
31. 227.19 (5) (b) 4. of the statutes is amended to read:
SB150,17,124
227.19
(5) (b) 4. If the joint committee for review of administrative rules has
5not concluded its jurisdiction over a proposed rule before the day specified under s.
613.02 (1) for the next legislature to convene, that jurisdiction immediately ceases
7and, within
7 10 working days after that date, the presiding officer of the appropriate
8house shall refer the proposed rule to the joint committee for review of
9administrative rules. The committee review period that was interrupted by the loss
10of jurisdiction under this subdivision continues for the joint committee for review of
11administrative rules to which the proposed rule is referred under this subdivision
12beginning 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.
SB150, s. 32
13Section
32. 227.19 (5) (e) of the statutes is amended to read:
SB150,18,314
227.19
(5) (e)
Bills to prevent promulgation. When the joint committee for
15review of administrative rules objects to a proposed rule it shall, within 30 days of
16the date of the objection,
introduce in each house of the legislature, for consideration
17at any regular session, a bill to support the objection. Within 10 working days after
18introduction, the presiding officer of each house of the legislature shall refer the bill
19to the appropriate standing committee meet and take executive action regarding the
20introduction, in each house of the legislature, of a bill to support the objection. The
1joint committee shall introduce the bills within 5 working days after taking executive
2action in favor of introduction of the bills unless the bills cannot be introduced during
3this 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.
SB150, s. 33
4Section
33. 227.19 (5) (g) (intro.) of the statutes is amended to read:
SB150,18,165
227.19
(5) (g) (intro.) If the bills required under par. (e) are introduced on or
6after February 1 of an even-numbered year and before the next regular session of
7the legislature commences, as provided under s. 13.02 (2),
or if the bills cannot be
8introduced during this time period under the joint rules of the legislature, the joint
9committee for review of administrative rules shall
reintroduce introduce the bills on
10the first day of the next regular session of the legislature, unless either house
11adversely disposes of either bill. If the joint committee for review of administrative
12rules is required to
reintroduce introduce the bills, the agency may not promulgate
13the proposed rule to which the bills pertain except as provided in par. (f). If either
14house adversely disposes of either bill, the agency may promulgate the proposed rule
15that was objected to. In this paragraph, "adversely disposes of" means that one house
16has 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.
SB150, s. 34
17Section
34. 227.19 (6) (b) of the statutes is amended to read:
SB150,19,11
1227.19
(6) (b) Upon introduction of the bills under sub. (5), the presiding officer
2of each house of the legislature shall refer the bill introduced in that house to the
3appropriate committee, to the calendar scheduling committee or directly to the
4calendar. If the committee to which a bill is referred makes no report within 30 days
5after referral, the bill shall be considered reported without recommendation. No
6later than 40 days after referral,
or as soon thereafter as is possible if the legislature
7is not in a floorperiod 40 days after referral, the bills shall be placed on the calendar
8of each house of the legislature according to its rule governing the placement of
9proposals on the calendar. A bill introduced under this section which is received in
10the 2nd house shall be referred, reported and placed on the calendar in the same
11manner 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.
SB150, s. 35
12Section
35
. 227.20 (1), (2), and (3) (intro.) of the statutes are amended to read:
SB150,19,1813
227.20
(1) An agency shall file a certified copy of each rule it promulgates
in
14the office of the secretary of state and in the office of the revisor. No rule is valid until
15the certified
copies have copy has been filed. A certified copy shall be typed or
16duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the
secretary of
17state's revisor's stamp at the top of the first page. Forms that are filed need not
18comply with the specifications of this subsection.
SB150,19,21
19(2) The
secretary of state revisor shall endorse the date and the time of filing
20on each certified copy filed under sub. (1). The
secretary of state revisor shall keep
21a file of all certified copies filed under sub. (1).
SB150,20,2
1(3) (intro.) Filing a certified copy of a rule with the
secretary of state revisor 2creates 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.
SB150, s. 36
3Section
36
. 227.21 (2) (b) of the statutes is amended to read:
SB150,20,104
227.21
(2) (b) The
revisor and the attorney general shall consent to
5incorporation by reference only in a rule of limited public interest and in a case where
6the incorporated standards are readily available in published form
or are available
7on optical disk or in another electronic format. Each rule containing an incorporation
8by reference shall state how the material incorporated may be obtained and, except
9as provided in s. 601.41 (3) (b), that the standards are on file at the offices of the
10agency
, 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.
SB150, s. 37
11Section
37. 227.22 (2) (e) of the statutes is amended to read:
SB150,20,1512
227.22
(2) (e) The rule has a significant
adverse economic impact on small
13businesses, as defined in s. 227.114 (1), in which case the rule applies to small
14businesses
on no earlier than the first day of the 3rd month commencing after the
15date 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.
SB150, s. 38
1Section
38
. 227.24 (2) (am) of the statutes is amended to read:
SB150,21,142
227.24
(2) (am) Any request by an agency to extend the effective period of the
3emergency rule or part of the emergency rule
must
shall be made in writing to the
4joint committee for review of administrative rules no later than 30 days before the
5initial expiration date of the emergency rule.
At the time that the agency submits
6the written request to the joint committee for review of administrative rules, the
7agency shall submit a copy of the written request to the presiding officer of each
8house of the legislature and to the appropriate committees of each house of the
9legislature, as determined by the presiding officer of each house of the legislature.
10The presiding officer of each house of the legislature shall enter a statement in the
11journal of his or her house that the agency has submitted a request to extend the
12effective period of the emergency rule or part of the emergency rule. This paragraph
13shall not apply to any subsequent request by the agency to extend the same
14emergency 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.
SB150, s. 39
15Section
39
. 227.24 (2) (c) of the statutes is amended to read:
SB150,22,516
227.24
(2) (c) Whenever the committee extends an emergency rule or part of
17an emergency rule under par. (a), it shall file a statement of its action with the agency
18promulgating the emergency rule
, the presiding officer of each house of the
19legislature, the appropriate committees of each house of the legislature, as
1determined by the presiding officer of each house of the legislature, the secretary of
2state and the revisor of statutes. The statement shall identify the specific emergency
3rule or part of an emergency rule to which it relates.
The presiding officer of each
4house of the legislature shall enter a statement in the journal of his or her house that
5the emergency rule or part of the emergency rule has been extended.
Note: See the Note to Section
38.
SB150, s. 40
6Section
40. 227.24 (3m) (intro.) of the statutes is amended to read:
SB150,22,177
227.24
(3m) On the same day that the agency files a rule under sub. (3) that
8may have a significant economic impact on small businesses, as defined in s. 227.114
9(1), the agency shall submit a copy of the rule to the small business regulatory review
10board. The board may use cost-benefit analysis to determine the fiscal effect of the
11emergency rule on small businesses and shall determine whether the agency
12complied with
ss. 227.114 (2) and (3) and s. 227.14
(2) and (2m). If the board
13determines that the agency failed to comply with s.
227.114 (2) or (3) or 227.14
(2) and 14(2m), the board shall notify the agency of that determination and ask the agency to
15comply with any of those provisions. In addition, the board may submit suggested
16changes in the proposed rule to the agency and may include a request that the agency
17do any of the following:
Note: Current law provides that when the small business regulatory review board
reviews an emergency rule having a significant economic impact on small businesses, it
shall determine whether the promulgating agency complied with small business
protection requirements under s. 227.114 (2) and (3), stats. However, since s. 227.114,
stats., only applies to proposed permanent rules, this Section eliminates any reference
as to whether the agency complied with the statute when it has adopted an emergency
rule. This Section also clarifies that the board must review the emergency rule to ensure
that an appropriate analysis has been included in the rule order.
SB150, s. 41
18Section
41. 227.25 (3) of the statutes is amended to read:
SB150,23,519
227.25
(3) An agency may request an advance commitment as to the title or
20numbering of a proposed rule by submitting a copy of the proposed rule indicating
1the requested title and numbering to the revisor prior to filing. As soon as possible
2after that, the revisor shall either approve the request or inform the agency of any
3change necessary to preserve uniformity in the code.
If the title or numbering of a
4rule is revised, the revisor shall verify that a certified copy of the revised version has
5been 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.
SB150, s. 42
6Section
42. 227.26 (2) (f) of the statutes is amended to read:
SB150,23,147
227.26
(2) (f)
Introduction of bills. If any rule is suspended, the committee
8shall, within 30 days after the suspension,
introduce in each house of the legislature,
9for consideration at any regular session, a bill to repeal the suspended rule meet and
10take executive action regarding the introduction, in each house of the legislature, of
11a bill to support the suspension. The committee shall introduce the bills within 5
12working days after taking executive action in favor of introduction of the bills unless
13the bills cannot be introduced during this time period under the joint rules of the
14legislature.
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.
SB150, s. 43
15Section
43. 227.26 (2) (h) of the statutes is amended to read:
SB150,24,916
227.26
(2) (h)
Legislative procedure. Upon the introduction of bills by the
17committee under this subsection, the presiding officer of each house of the legislature
18shall refer the bill introduced in that house to the appropriate committee, to the
1calendar scheduling committee or directly to the calendar. If the committee to which
2a bill is referred makes no report within 30 days after referral, the bill shall be
3considered reported without recommendation. No later than 40 days after referral,
4or as soon thereafter as is possible if the legislature is not in a floorperiod 40 days
5after referral, the bills shall be placed on the calendar of each house of the legislature
6according to its rule governing the placement of proposals on the calendar. A bill
7introduced under this subsection which is received in the 2nd house shall be referred,
8reported and placed on the calendar in the same manner as an original bill
9introduced under this subsection.