Amendment ASA1-SB40

SB40-ASA1, s. 2481 Section 2481. 227.01 (13) (um) of the statutes is amended to read:

SB40-ASA1,1299,20 227.01 (13) (um) Lists over-the-counter drugs covered by medical assistance Medical Assistance under s. 49.46 (2) (b) 6. i. or 49.471 (11) (a).

SB40-ASA1, s. 2997be Section 2997be. 227.114 (6) of the statutes is amended to read:

SB40-ASA1,1300,4 227.114 (6) When an agency, under s. 227.20 (1), files with the revisor legislative reference bureau a rule that is subject to this section, the agency shall include with the rule a summary of the analysis prepared under s. 227.19 (3) (e) and a summary of the comments of the legislative standing committees, if any. If the rule does not require the analysis under s. 227.19 (3) (e), the agency shall include with the rule a statement of the reason for the agency's determination under s. 227.19 (3m). The revisor legislative reference bureau shall publish the summaries or the statement in the register with the rule.

SB40-ASA1, s. 2997br Section 2997br. 227.135 (3) of the statutes is amended to read:

SB40-ASA1,1300,10 227.135 (3) The agency shall send the statement of the scope of a proposed rule to the revisor legislative reference bureau for publication in the register. On the same day that the agency sends the statement to the revisor legislative reference bureau, the agency shall send a copy of the statement to the secretary of administration.

SB40-ASA1, s. 2997de Section 2997de. 227.14 (1) of the statutes is amended to read:

SB40-ASA1,1300,17 227.14 (1) Form and style. In preparing a proposed rule, an agency shall adhere substantially to the form and style used by the legislative reference bureau in the preparation of bill drafts and the form and style specified in the manual prepared by the legislative council staff and the revisor legislative reference bureau under s. 227.15 (7). To the greatest extent possible, an agency shall prepare proposed rules in plain language which can be easily understood.

SB40-ASA1, s. 2997dr Section 2997dr. 227.14 (3) of the statutes is amended to read:

SB40-ASA1,1300,23 227.14 (3) Reference to applicable forms. If a proposed rule requires a new or revised form, an agency shall include a reference to the form in a note to the proposed rule and shall attach to the proposed rule a copy of the form or a description of how a copy may be obtained. The revisor legislative reference bureau shall insert the reference in the code as a note to the rule.

SB40-ASA1, s. 2997fe Section 2997fe. 227.14 (4m) of the statutes is amended to read:

SB40-ASA1,1301,13 227.14 (4m) Notice of submittal to legislative council staff. On the same day that an agency submits a proposed rule to the legislative council staff under s. 227.15, the agency shall prepare a written notice of the agency's submittal to the legislative council staff. The notice shall include a statement of the date on which the proposed rule has been submitted to the legislative council staff for review, of the subject matter of the proposed rule and of whether a public hearing on the proposed rule is required, and shall identify the organizational unit within the agency that is primarily responsible for the promulgation of the rule. The notice shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule. The agency shall send the notice to the revisor legislative reference bureau for publication in the register. On the same day that the agency sends the notice to the revisor legislative reference bureau, the agency shall send a copy of the notice to the secretary of administration.

SB40-ASA1, s. 2997fr Section 2997fr. 227.14 (6) (c) of the statutes is amended to read:

SB40-ASA1,1301,21 227.14 (6) (c) A proposed rule shall be considered withdrawn on December 31 of the 4th year after the year in which it is submitted to the legislative council staff under s. 227.15 (1), unless it has been filed in the office of the revisor with the legislative reference bureau under s. 227.20 (1) or withdrawn by the agency before that date. No action by a legislative committee or by either house of the legislature under s. 227.19 delays the date of withdrawal of a proposed rule under this paragraph.

SB40-ASA1, s. 2997he Section 2997he. 227.15 (1m) (e) of the statutes is amended to read:

SB40-ASA1,1301,25 227.15 (1m) (e) The time, date, and place of any public hearing specified in the notice in s. 227.17 as soon as that notice is submitted to the revisor of statutes legislative reference bureau under s. 227.17 (1) (a).

SB40-ASA1, s. 2997hr Section 2997hr. 227.15 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1302,8 227.15 (2) Role of legislative council staff. (intro.) The legislative council staff shall, within 20 working days following receipt of a proposed rule, review the proposed rule in accordance with this subsection. With the consent of the director of the legislative council staff, the review period may be extended for an additional 20 working days. The legislative council staff shall act as a clearinghouse for rule drafting and cooperate with the agency and the revisor legislative reference bureau to:

SB40-ASA1, s. 2997je Section 2997je. 227.15 (7) of the statutes is amended to read:

SB40-ASA1,1302,12 227.15 (7) Rules procedures manual. The legislative council staff and the revisor's bureau legislative reference bureau shall prepare a manual to provide agencies with information on drafting, promulgation and legislative review of rules.

SB40-ASA1, s. 2997jr Section 2997jr. 227.17 (1) (a) of the statutes is amended to read:

SB40-ASA1,1302,16 227.17 (1) (a) Send written notice of the hearing to the revisor legislative reference bureau for publication in the register and, if required, publish the notice in a local newspaper.

SB40-ASA1, s. 2997Le Section 2997Le. 227.17 (1) (b) of the statutes is amended to read:

SB40-ASA1,1302,22 227.17 (1) (b) Send written notice of the hearing to each member of the legislature who has filed a written request for notice with the revisor legislative reference bureau. Upon request, the revisor legislative reference bureau shall furnish an agency with the name and address of each legislator who has requested notice.

SB40-ASA1, s. 2997Lr Section 2997Lr. 227.17 (1) (bm) of the statutes is amended to read:

SB40-ASA1,1303,3 227.17 (1) (bm) Send written notice of the hearing to the secretary of administration on the same day that the notice is sent to the revisor legislative reference bureau under par. (a).

SB40-ASA1, s. 2997ne Section 2997ne. 227.19 (2) of the statutes is amended to read:

SB40-ASA1,1303,16 227.19 (2) Notification of legislature. An agency shall submit a notice to the chief clerk of each house of the legislature when a proposed rule is in final draft form. The notice shall be submitted in triplicate and shall be accompanied by a report in the form specified under sub. (3). A notice received under this subsection on or after September 1 of an even-numbered year shall be considered received on the first day of the next regular session of the legislature. The presiding officer of each house of the legislature shall, within 10 working days following the day on which the notice and report are received, direct the appropriate chief clerk to refer them to one standing committee. The agency shall submit to the revisor legislative reference bureau for publication in the register a statement that a proposed rule has been submitted to the chief clerk of each house of the legislature. Each chief clerk shall enter a similar statement in the journal of his or her house.

SB40-ASA1, s. 2997nr Section 2997nr. 227.20 (1) of the statutes is amended to read:

SB40-ASA1,1303,23 227.20 (1) An agency shall file a certified copy of each rule it promulgates in the office of the revisor with the legislative reference bureau. No rule is valid until the certified 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 revisor's a stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

SB40-ASA1, s. 2997pe Section 2997pe. 227.20 (2) of the statutes is amended to read:

SB40-ASA1,1304,3 227.20 (2) The revisor legislative reference bureau shall endorse the date and the time of filing on each certified copy filed under sub. (1). The revisor bureau shall keep a file of all certified copies filed under sub. (1).

SB40-ASA1, s. 2997pr Section 2997pr. 227.20 (3) (intro.) of the statutes is amended to read:

SB40-ASA1,1304,6 227.20 (3) (intro.) Filing a certified copy of a rule with the revisor legislative reference bureau creates a presumption of all of the following:

SB40-ASA1, s. 2997re Section 2997re. 227.21 (1) of the statutes is amended to read:

SB40-ASA1,1304,10 227.21 (1) All rules that agencies are directed by this chapter to file with the revisor legislative reference bureau shall be published in the code and register as required under s. 35.93.

SB40-ASA1, s. 2997rr Section 2997rr. 227.21 (2) (a) of the statutes is amended to read:

SB40-ASA1,1304,17 227.21 (2) (a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the revisor legislative reference bureau and the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.

SB40-ASA1, s. 2997te Section 2997te. 227.21 (2) (b) of the statutes is amended to read:

SB40-ASA1,1304,25 227.21 (2) (b) 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 and the revisor legislative reference bureau.

SB40-ASA1, s. 2997tr Section 2997tr. 227.21 (4) of the statutes is amended to read:

SB40-ASA1,1305,5 227.21 (4) Agency materials that are exempt from the requirements of this chapter under s. 227.01 (13) may be published, either verbatim or in summary form, if the promulgating agency and the revisor legislative reference bureau determine that the public interest would be served by publication.

SB40-ASA1, s. 2997ve Section 2997ve. 227.22 (3) of the statutes is amended to read:

SB40-ASA1,1305,14 227.22 (3) The revisor legislative reference bureau may prescribe in the manual prepared under s. 227.15 (7) the monthly date prior to which a rule must be filed in order to be included in that month's issue of the register. The revisor legislative reference bureau shall compute the effective date of each rule submitted for publication in the register and shall publish it in a note at the end of each section. For the purpose of computing the effective date, the revisor legislative reference bureau may presume that an issue of the register will be published during the month in which it is designated for publication.

SB40-ASA1, s. 2997vr Section 2997vr. 227.24 (2) (c) of the statutes is amended to read:

SB40-ASA1,1305,20 227.24 (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 and the revisor of statutes legislative reference bureau. The statement shall identify the specific emergency rule or part of an emergency rule to which it relates.

SB40-ASA1, s. 2997xe Section 2997xe. 227.24 (3) of the statutes is amended to read:

SB40-ASA1,1306,6 227.24 (3) Filing. An agency shall file a rule promulgated under sub. (1) as provided in s. 227.20, shall mail a copy to the chief clerk of each house and to each member of the legislature at the time that the rule is filed and shall take any other step it considers feasible to make the rule known to persons who will be affected by it. The revisor legislative reference bureau shall insert in the notice section of each issue of the register a brief description of each rule under sub. (1) that is currently in effect. Each copy, notice or description of a rule promulgated under sub. (1) (a) shall be accompanied by a statement of the emergency finding by the agency or by a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules under s. 227.26 (2) (b).

SB40-ASA1, s. 2997xr Section 2997xr. 227.25 of the statutes is amended to read:

SB40-ASA1,1306,11 227.25 Revisor Legislative reference bureau. (1) The revisor legislative reference bureau shall, in cooperation with the legislative council staff under s. 227.15 (7), prepare a manual informing agencies about the form, style and placement of rules in the code.

SB40-ASA1,1306,13 (2) The revisor legislative reference bureau shall, upon request, furnish an agency with advice and assistance on the form and mechanics of rule drafting.

SB40-ASA1,1306,19 (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 legislative reference bureau prior to filing. As soon as possible after that, the revisor legislative reference bureau shall either approve the request or inform the agency of any change necessary to preserve uniformity in the code.

SB40-ASA1,1307,2 (4) The revisor legislative reference bureau may, prior to publication, edit the analysis of a proposed rule and any other material submitted for publication in the code and register, may refer to the fact that those materials are on file or may eliminate them and any reference to them in the code and register if he or she believes they do not appreciably add to an understanding of the rule. The revisor legislative reference bureau shall submit the edited version of any material to the agency for its comments prior to publication.

SB40-ASA1, s. 2997ze Section 2997ze. 227.27 (2) of the statutes is amended to read:

SB40-ASA1,1307,8 227.27 (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 legislative reference bureau 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.

SB40-ASA1, s. 2482 Section 2482. 227.43 (1) (by) of the statutes is amended to read:

SB40-ASA1,1307,13 227.43 (1) (by) Assign a hearing examiner to preside over any hearing of a contested case that is required to be conducted by the department of workforce development children and families under ch. 48 or subch. III of ch. 49 and that is not conducted by the secretary of workforce development children and families.

SB40-ASA1, s. 2483 Section 2483. 227.43 (2) (d) of the statutes is amended to read:

SB40-ASA1,1307,19 227.43 (2) (d) The department of workforce development children and families shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (by) after the department of workforce development children and families is notified that a hearing on the matter is required.

SB40-ASA1, s. 2484 Section 2484. 227.43 (3) (d) of the statutes is amended to read:

SB40-ASA1,1307,25 227.43 (3) (d) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of workforce development children and families by a hearing examiner under this section in a manner consistent with a federally approved allocation methodology. The fees shall cover the total cost of the services.

SB40-ASA1, s. 2485 Section 2485. 227.43 (4) (d) of the statutes is amended to read:

SB40-ASA1,1308,4 227.43 (4) (d) The department of workforce development children and families shall pay all costs of the services of a hearing examiner, including support services, assigned under sub. (1) (by), according to the fees set under sub. (3) (d).

SB40-ASA1, s. 2486 Section 2486. 227.54 of the statutes is amended to read:

SB40-ASA1,1308,9 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 49.17 (7), 196.43, 253.06 (7), 448.02 (9), and 551.62.

SB40-ASA1, s. 3002m Section 3002m. 229.68 (15) of the statutes is amended to read:

SB40-ASA1,1308,16 229.68 (15) Impose, by the adoption of a resolution, the taxes under subch. V of ch. 77. A district may not levy any taxes that are not expressly authorized under subch. V of ch. 77 and that do not receive the affirmative vote of a supermajority of the district board. If a district adopts a resolution which imposes taxes, it shall deliver a certified copy of the resolution to the secretary of revenue at least 30 120 days before its effective date.

SB40-ASA1, s. 3002n Section 3002n. 229.824 (15) of the statutes is amended to read:

SB40-ASA1,1309,21 229.824 (15) Impose, by the adoption of a resolution, the taxes under subch. V of ch. 77, except that the taxes imposed by the resolution may not take effect until the resolution is approved by a majority of the electors in the district's jurisdiction voting on the resolution at a referendum, to be held at the first spring primary or September primary following by at least 45 days the date of adoption of the resolution. Two questions shall appear on the ballot. The first question shall be: "Shall a sales tax and a use tax be imposed at the rate of 0.5% in .... County for purposes related to football stadium facilities in the .... Professional Football Stadium District?" The 2nd question shall be: "Shall excess revenues from the 0.5% sales tax and use tax be permitted to be used for property tax relief purposes in .... County?" Approval of the first question constitutes approval of the resolution of the district board. Approval of the 2nd question is not effective unless the first question is approved. The clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f) and (i) for any referendum held under this subsection. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as long as it is given and published prior to the election as early as practicable. A district may not levy any taxes that are not expressly authorized under subch. V of ch. 77. The district may not levy any taxes until the professional football team and the governing body of the municipality in which the football stadium facilities are located agree on how to fund the maintenance of the football stadium facilities. The district may not levy any taxes until the professional football team and the governing body of the municipality in which the football stadium facilities are located agree on how to distribute the proceeds, if any, from the sale of naming rights related to the football stadium facilities. If a district board adopts a resolution that imposes taxes and the resolution is approved by the electors, the district shall deliver a certified copy of the resolution to the secretary of revenue at least 30 120 days before its effective date. If a district board adopts a resolution that imposes taxes and the resolution is not approved by the electors, the district is dissolved.

SB40-ASA1, s. 3004b Section 3004b. 230.03 (3) of the statutes is amended to read:

SB40-ASA1,1310,7 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB40-ASA1, s. 2487 Section 2487. 230.08 (2) (e) 1. of the statutes is amended to read:

SB40-ASA1,1310,9 230.08 (2) (e) 1. Administration — 13 14.

SB40-ASA1, s. 2488 Section 2488. 230.08 (2) (e) 2m. of the statutes is created to read:

SB40-ASA1,1310,11 230.08 (2) (e) 2m. Children and families — 5.

SB40-ASA1, s. 2489 Section 2489. 230.08 (2) (e) 6. of the statutes is amended to read:

SB40-ASA1,1310,13 230.08 (2) (e) 6. Workforce development — 7 6.

SB40-ASA1, s. 2490 Section 2490. 230.08 (2) (L) 6. of the statutes is repealed and recreated to read:

SB40-ASA1,1310,15 230.08 (2) (L) 6. Bureau of criminal justice research.

SB40-ASA1, s. 2491 Section 2491. 230.08 (2) (of) of the statutes is amended to read:

SB40-ASA1,1310,18 230.08 (2) (of) The executive staff director of the sentencing commission bureau of criminal justice research.

SB40-ASA1, s. 2492 Section 2492. 230.08 (2) (tv) of the statutes is amended to read:

SB40-ASA1,1310,22 230.08 (2) (tv) The director of the office of urban development in the department of health and family services children and families, appointed under s. 48.48 (16m).

SB40-ASA1, s. 3013m Section 3013m. 230.08 (2) (wh) of the statutes is created to read:

SB40-ASA1,1310,25 230.08 (2) (wh) The judicial council attorney appointed under s. 758.13 (3) (g) 2.

SB40-ASA1, s. 2493 Section 2493. 230.08 (2) (yc) of the statutes is created to read:

SB40-ASA1,1311,4 230.08 (2) (yc) Two persons employed by the department of commerce engaged in advertising, marketing, and promotional activities within the United States for economic development of, and business recruitment to, this state.

SB40-ASA1, s. 2494 Section 2494. 230.13 (3) (a) of the statutes is amended to read:

SB40-ASA1,1311,11 230.13 (3) (a) The director and the administrator shall provide to the department of workforce development children and families or a county child support agency under s. 59.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this paragraph may only include an individual's name and address, an individual's employer and financial information related to an individual.