January 2011 Special Session
2011 - 2012 LEGISLATURE
February 8, 2011 - Offered by Committee on Economic Development and Veterans
and Military Affairs
AB8-SA1,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB8-SA1,1,4 31. Page 7, line 1: delete the material beginning with that line and ending with
4page 8, line 6, and substitute:
AB8-SA1,1,5 5" Section 1g. 13.92 (4) (a) of the statutes is amended to read:
AB8-SA1,1,116 13.92 (4) (a) The legislative reference bureau shall prepare copy for publication
7in the Wisconsin administrative code. Whenever the legislative reference bureau
8receives notice under s. 227.40 (6) of the entry of a declaratory judgment determining
9the validity or invalidity of a rule, the legislative reference bureau shall insert an
10annotation of that determination in the Wisconsin administrative code under the
11rule that was the subject of the determination.
AB8-SA1, s. 1m 12Section 1m. 35.93 (4) of the statutes is amended to read:
135.93 (4) Each issue of the Wisconsin administrative register shall contain a
2notice section in which shall be printed the notices of hearings on rule making which
3agencies have transmitted to the legislative reference bureau for that purpose,
4statements of scope of proposed rules under s. 227.135, notices of submittal to the
5legislative council staff under s. 227.14 (4m), notices of intent to promulgate rules
6without a public hearing under s. 227.16 (2) (e), notices of referrals of proposed rules
7to presiding officers under s. 227.19 (2), notices of emergency rules in effect, fiscal
8estimates for rule-making orders under s. 227.14 (4), notices of declaratory
9judgments received under s. 227.40 (6),
and such other notices as may be required
10by law or determined by the legislative reference bureau to be appropriate.
AB8-SA1, s. 1r 11Section 1r. 227.10 (2m) of the statutes is created to read:
AB8-SA1,2,1712 227.10 (2m) No agency may implement or enforce any standard, requirement,
13or threshold, including as a term or condition of any license issued by the agency,
14unless that standard, requirement, or threshold is explicitly required or explicitly
15permitted by statute or by a rule that has been promulgated in accordance with this
16subchapter. The governor, by executive order, may prescribe guidelines to ensure
17that rules are promulgated in compliance with this subchapter.".
AB8-SA1,2,18 182. Page 8, line 19: delete "expressly" and substitute "explicitly".
AB8-SA1,2,19 193. Page 8, line 23: delete "expressly" and substitute "explicitly".
AB8-SA1,2,20 204. Page 13, line 19: delete that line.
AB8-SA1,2,21 215. Page 15, line 10: delete "(4) and" and substitute "(4),".
AB8-SA1,2,23 226. Page 15, line 11: after " (2)" insert ", and any revised economic impact
23analysis required under s. 227.137 (4)
17. Page 15, line 18: after "(2)" insert "and any revised economic impact analysis
2required under s. 227.137 (4)".
AB8-SA1,3,4 38. Page 15, line 20: after "(2)" insert ", any revised economic impact analysis
4required under s. 227.137 (4),".
AB8-SA1,3,6 59. Page 17, line 5: after " (2)" insert ", a copy of any revised economic impact
6analysis prepared by the agency under s. 227.137 (4)
AB8-SA1,3,7 710. Page 21, line 21: after "and" insert "any".
AB8-SA1,3,10 811. Page 23, line 25: after "(d)" insert ", until the expiration of the review
9period under par. (b) 1., if no committee has objected to the proposed rule or the part
10of the proposed rule
AB8-SA1,3,12 1112. Page 27, line 9: delete "Dane County" and substitute "Dane County the
12county where the dispute arose
AB8-SA1,3,13 1313. Page 27, line 20: delete lines 20 to 25 and substitute:
AB8-SA1,3,14 14" Section 62g. 227.40 (6) of the statutes is created to read:
AB8-SA1,3,2015 227.40 (6) Upon entry of a final order in a declaratory judgment action under
16sub. (1), the court shall notify the legislative reference bureau of the court's
17determination as to the validity or invalidity of the rule, and the legislative reference
18bureau shall publish a notice of that determination in the Wisconsin administrative
19register under s. 35.93 (4) and insert an annotation of that determination in the
20Wisconsin administrative code under s. 13.92 (4) (a).
AB8-SA1, s. 63g 21Section 63g. 801.50 (3) of the statutes is amended to read:
AB8-SA1,4,222 801.50 (3) All Except as provided in this subsection, all actions in which the
23sole defendant is the state, any state board or commission, or any state officer,
24employee, or agent in an official capacity shall be venued in Dane County unless

1another venue is specifically authorized by law. All actions relating to the validity
2or invalidity of a rule shall be venued as provided in s. 227.40 (1).
AB8-SA1,4,5 314. Page 28, line 1: delete the material beginning with "section" and ending
4with "(1)" on line 2 and substitute "sections 13.92 (4) (a), 35.93 (4), and 227.40 (1) and
AB8-SA1,4,6 615. Page 28, line 15: delete "(4), and (5)" and substitute "and (4)".
AB8-SA1,4,77 (End)