Amendment JR1 SA12-AB8

LRBa0516/1

GMM:kjf:md

January 2011 Special Session

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 12, TO ASSEMBLY BILL 8

February 10, 2011 - Offered by Senators Miller, Risser, Wirch, T. Cullen, C. Larson, Holperin, Vinehout, Taylor, Jauch, Hansen, Carpenter and Lassa.

AB8-SA12,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB8-SA12,1,4 1. Page 8, line 6: after "subchapter." insert "This subsection does not apply after February 28, 2015.".

AB8-SA12,1,5 2. Page 8, line 12: delete " All" and substitute "Prior to March 1, 2015, all".

AB8-SA12,1,8 3. Page 9, line 25: delete that line and substitute "statement. Gubernatorial approval of a statement of the scope of a proposed rule as provided in this subsection is not required after February 28, 2015.".

AB8-SA12,1,10 4. Page 10, line 18: delete that line and substitute "approved. This subsection does not apply after February 28, 2015.".

AB8-SA12,1,11 5. Page 10, line 18: after that line insert:

AB8-SA12,1,12 " Section 6m. 227.135 (5) of the statutes is created to read:

AB8-SA12,2,2 227.135 (5) Beginning on March 1, 2015, this section does not apply to emergency rules.

AB8-SA12, s. 6r Section 6r. 227.137 of the statutes is repealed and recreated to read:

AB8-SA12,2,6 227.137 Economic impact reports of proposed rules. (1) In this section, "agency" means the departments of agriculture, trade and consumer protection; commerce; natural resources; transportation; and workforce development.

AB8-SA12,2,21 (2) After an agency publishes a statement of the scope of a proposed rule under s. 227.135, and before the agency submits the proposed rule to the legislature for review under s. 227.19 (2), a municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons that would be directly and uniquely affected by the proposed rule may submit a petition to the department of administration asking that the secretary of administration direct the agency to prepare an economic impact report for the proposed rule. The agency shall prepare an economic impact report before submitting the proposed rule to the legislature for review under s. 227.19 (2) if the secretary of administration directs the agency to prepare that report. The secretary of administration may direct the agency to prepare an economic impact report for the proposed rule before submitting the proposed rule to the legislature for review under s. 227.19 (2). The secretary of administration shall direct the agency to prepare an economic impact report for the proposed rule before submitting the proposed rule to the legislature for review under s. 227.19 (2) if the secretary determines that all of the following apply:

AB8-SA12,2,25 (a) The petition was submitted to the department of administration no later than 90 days after the publication of the statement of the scope of the proposed rule under s. 227.135 (3) or no later than 10 days after publication of the notice for a public hearing under s. 227.17, whichever is earlier.

AB8-SA12,3,5 (b) The proposed rule would cost affected persons $20,000,000 or more during each of the first 5 years after the rule's implementation to comply with the rule, or the rule would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.

AB8-SA12,3,13 (3) An economic impact report shall contain information on the effect of the proposed rule on specific businesses, business sectors, and the state's economy. When preparing the report, the agency shall solicit information and advice from the department of commerce, and from governmental units, associations, businesses, and individuals that may be affected by the proposed rule. The agency may request information that is reasonably necessary for the preparation of an economic impact report from other state agencies, governmental units, associations, businesses, and individuals. The economic impact report shall include all of the following:

AB8-SA12,3,15 (a) An analysis and quantification of the problem, including any risks to public health or the environment, that the rule is intending to address.

AB8-SA12,3,18 (b) An analysis and quantification of the economic impact of the rule, including costs reasonably expected to be incurred by the state, governmental units, associations, businesses, and affected individuals.

AB8-SA12,3,20 (c) An analysis of benefits of the rule, including how the rule reduces the risks and addresses the problems that the rule is intended to address.

AB8-SA12,3,22 (4) The agency shall submit the economic impact report to the legislative council staff, to the department of administration, and to the petitioner.

AB8-SA12,3,24 (5) This section does not apply to emergency rules promulgated under s. 227.24.

AB8-SA12,4,6 (6) If an economic impact report will be prepared under sub. (2) regarding a proposed rule, the department of administration shall review the proposed rule and issue a report. The agency shall not submit a proposed rule to the legislature for review under s. 227.19 (2) until the agency receives a copy of the department's report and the approval of the secretary of administration. The report shall include all of the following findings:

AB8-SA12,4,8 (a) That the economic impact report and the analysis required under sub. (3) are supported by related documentation contained in the economic impact report.

AB8-SA12,4,9 (b) That the agency has statutory authority to promulgate the proposed rule.

AB8-SA12,4,11 (c) That the proposed rule, including any administrative requirements, is consistent with and not duplicative of other state rules or federal regulations.

AB8-SA12,4,15 (d) That the agency has adequately documented the factual data and analytical methodologies that the agency used in support of the proposed rule and the related findings that support the regulatory approach that the agency chose for the proposed rule.

AB8-SA12,4,22 (7) Before issuing a report under sub. (6), the department of administration may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is returned. If the agency head disagrees with the department's reasons for returning the proposed rule, the agency head shall so notify the department in writing. The secretary of administration shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule.

AB8-SA12,4,24 (8) No person is entitled to judicial review of any action taken by the department of administration under this section.".

AB8-SA12,5,1 6. Page 15, line 4: after that line insert:

AB8-SA12,5,2 " Section 28m. 227.14 (2) (a) 6. of the statutes is repealed and recreated to read:

AB8-SA12,5,6 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency used in support of the agency's determination of the rule's effect on small businesses under s. 227.114 or that was used when the agency prepared an economic impact report under s. 227.137 (3).".

AB8-SA12,5,7 7. Page 15, line 10: after " and" insert ", prior to March 1, 2015,".

AB8-SA12,5,9 8. Page 15, line 18: after "(2)." insert "This paragraph does not apply after February 28, 2015.".

AB8-SA12,5,11 9. Page 15, line 23: after "charge." insert "This paragraph does not apply after February 28, 2015.".

AB8-SA12,5,13 10. Page 16, line 8: after "writing." insert "This section does not apply after February 28, 2015.".

AB8-SA12,5,14 11. Page 16, line 25: after that line insert:

AB8-SA12,5,15 " Section 33m. 227.19 (2) of the statutes is repealed and recreated to read:

AB8-SA12,6,3 227.19 (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 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.".

AB8-SA12,6,4 12. Page 17, line 9: after that line insert:

AB8-SA12,6,6 " Section 34m. 227.19 (3) (intro.) of the statutes is repealed and recreated to read:

AB8-SA12,6,14 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of any economic impact report prepared by the agency under s. 227.137, a copy of any report prepared by the department of administration under s. 227.138, a copy of any energy impact report received from the public service commission under s. 227.117 (2), and a copy of any recommendations of the legislative council staff. The report shall also include all of the following:".

AB8-SA12,6,15 13. Page 21, line 9: after that line insert:

AB8-SA12,6,16 " Section 45m. 227.19 (4) of the statutes is repealed and recreated to read:

AB8-SA12,6,20 227.19 (4) Committee review. (a) Notice of referral. Upon receipt of notice that a proposed rule has been referred to a committee under sub. (2), the chairperson or chairpersons of the committee shall notify, in writing, each committee member of the referral.

AB8-SA12,6,24 (am) Committee meeting. A committee may be convened upon the call of its chairperson or cochairpersons to review a proposed rule. A committee may meet separately or jointly with the other committee to which the notice and report were referred. A committee may hold a public hearing to review a proposed rule.

AB8-SA12,7,6 (b) Committee review period. 1. Except as provided under subd. 5., the committee review period for each committee extends for 30 days after referral under sub. (2). If the chairperson or the cochairpersons of a committee take either of the following actions within the 30-day period, the committee review period for that committee is continued for 30 days from the date on which the first 30-day review period would have expired:

AB8-SA12,7,8 a. Request in writing that the agency meet with the committee to review the proposed rule.

AB8-SA12,7,10 b. Publish or post notice that the committee will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency.

AB8-SA12,7,18 2. If a committee, by a majority vote of a quorum of the committee, requests modifications in a proposed rule, and the agency, in writing, agrees to consider making modifications, the review period for both committees is extended either to the 10th working day following receipt by the committees of the modified proposed rule or a written statement to the 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.