Amendment JR1 SA12-AB8

AB8-SA12,10,7 4. A conflict with state law.

AB8-SA12,10,9 5. A change in circumstances since enactment of the earliest law upon which the proposed rule is based.

AB8-SA12,10,10 6. Arbitrariness and capriciousness, or imposition of an undue hardship.

AB8-SA12,10,12 (e) Part of a proposed rule. An agency may promulgate any part of a proposed rule which is not objected to by a committee.".

AB8-SA12,10,13 14. Page 26, line 2: after that line insert:

AB8-SA12,10,14 " Section 56m. 227.19 (5) of the statutes is repealed and recreated to read:

AB8-SA12,10,20 227.19 (5) Joint committee for review of administrative rules. (a) Referral. If a committee objects to a proposed rule, the committee shall report the proposed rule and the objection to the chief clerk of the appropriate house within 5 working days after making the objection. The 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.

AB8-SA12,11,3 (b) Joint committee review period. 1. 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 30-day review period would have expired:

AB8-SA12,11,5 a. Request in writing that the agency meet with the joint committee for review of administrative rules to review the proposed rule.

AB8-SA12,11,8 b. Publish or post notice that the joint committee for review of administrative rules will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency.

AB8-SA12,11,17 2. If the joint committee for review of administrative rules, 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 the joint committee 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.

AB8-SA12,11,19 3. If both committees object to a proposed rule, each objection has a separate review period beginning on the date of its receipt.

AB8-SA12,12,3 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 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.

AB8-SA12,12,9 (c) Agency not to promulgate rule during joint committee review. An agency may not promulgate a proposed rule to which a committee has objected unless the joint committee for review of administrative rules, under par. (d), nonconcurs in the action of the committee, or until a bill introduced under par. (e) fails to be enacted. An agency may promulgate any part of a proposed rule to which no objection has been made.

AB8-SA12,12,16 (d) Joint committee action. The joint committee for review of administrative rules may nonconcur in a committee's objection to a proposed rule by voting to nonconcur during the review period under par. (b). If the joint committee for review of administrative rules objects to a proposed rule, an agency may not promulgate the proposed rule until a bill introduced under par. (e) fails to be enacted. The joint committee for review of administrative rules may object to a proposed rule only for one or more of the reasons specified under sub. (4) (d).

AB8-SA12,12,23 (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, 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.

AB8-SA12,13,5 (f) Timely introduction of bills; effect. If both bills required under par. (e) are defeated, or fail to be enacted in any other manner, the agency may promulgate the proposed rule that was objected to. If either bill becomes law, the agency may not promulgate the proposed rule that was objected to unless a subsequent law specifically authorizes its promulgation. This paragraph applies to bills introduced on or after the day specified under s. 13.02 (1) for the legislature to convene and before February 1 of an even-numbered year.

AB8-SA12,13,16 (g) 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 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 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:

AB8-SA12,13,17 1. To indefinitely postpone the bill.

AB8-SA12,13,18 2. To nonconcur in the bill.

AB8-SA12,13,19 3. Against ordering the bill engrossed.

AB8-SA12,13,20 4. Against ordering the bill to a 3rd reading.

AB8-SA12,13,21 5. Against passage.

AB8-SA12,13,22 6. Against concurrence.".

AB8-SA12,13,24 15. Page 26, line 19: after "(4)." insert "This subdivision does not apply after February 28, 2015.".

AB8-SA12,14,2 16. Page 27, line 2: after "writing." insert "This subdivision does not apply after February 28, 2015.".

AB8-SA12,14,3 17. Page 27, line 19: after that line insert:

AB8-SA12,14,4 " Section 62m. 227.40 (1) of the statutes is repealed and recreated to read:

AB8-SA12,14,16 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review of the validity of a rule shall be an action for declaratory judgment as to the validity of such rule brought in the circuit court for Dane County. The officer, board, commission or other agency whose rule is involved shall be the party defendant. The summons in such action shall be served as provided in s. 801.11 (3) and by delivering a copy to such officer or to the secretary or clerk of the agency where composed of more than one person or to any member of such agency. The court shall render a declaratory judgment in such action only when it appears from the complaint and the supporting evidence that the rule or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. A declaratory judgment may be rendered whether or not the plaintiff has first requested the agency to pass upon the validity of the rule in question.".

AB8-SA12,14,17 18. Page 27, line 25: after that line insert:

AB8-SA12,14,18 " Section 63m. 801.50 (3) of the statutes is repealed and recreated to read:

AB8-SA12,14,21 801.50 (3) All actions in which the sole defendant is the state, any state board or commission or any state officer, employee, or agent in an official capacity shall be venued in Dane County unless another venue is specifically authorized by law.".

AB8-SA12,14,22 19. Page 28, line 2: delete "treatment" and substitute "amendment".

AB8-SA12,15,3 20. Page 28, line 4: delete "subsection." and substitute "subsection and the repeal and recreation of section 227.40 (1) of the statutes first applies to an action for declaratory judgment commenced on March 1, 2015.".

AB8-SA12,15,4 21. Page 28, line 5: delete "treatment" and substitute "amendment".

AB8-SA12,15,7 22. Page 28, line 7: delete "subsection." and substitute "subsection and the repeal and recreation of section 801.50 (3) of the statutes first applies to an action commenced on March 1, 2015.".

AB8-SA12,15,9 23. Page 28, line 17: after "statutes" insert ", other than the repeal and recreation of sections 227.137 and 227.19 (3) (intro.) of the statutes,".

AB8-SA12,15,13 24. Page 28, line 21: delete "subsection." and substitute "subsection and the repeal and recreation of sections 227.137 and 227.19 (3) (intro.) of the statutes first applies to such a proposed administrative rule or proposed emergency rule so submitted or filed on March 1, 2015.".

AB8-SA12,15,15 25. Page 29, line 4: after "statutes" insert ", other than the repeal and recreation of section 227.19 (2), (4), and (5) of the statutes,".

AB8-SA12,15,18 26. Page 29, line 6: delete "subsection." and substitute "subsection and the repeal and recreation of section 227.19 (2), (4), and (5) of the statutes first applies to such a proposed rule so submitted on March 1, 2015.".

AB8-SA12,15,19 27. Page 29, line 6: after that line insert:

AB8-SA12,15,21 " Section 9455. Effective dates; Other. This act takes effect on the day after publication, except as follows:

AB8-SA12,16,3 (1) Sunset. The repeal and recreation of sections 227.137, 227.19 (2), (3) (intro.), (4), and (5), 227.40 (1) and 801.50 (3) of the statutes takes effect on March 1, 2015.".

AB8-SA12,16,4 (End)