AB389,11,2218
227.137
(3) (b) An analysis and
detailed quantification of the economic impact
19of the proposed rule, including the
implementation and compliance costs that are
20reasonably expected to be incurred by
or passed along to the
state, businesses,
local 21governmental units, and
affected individuals
that may be affected by the proposed
22rule.
AB389,12,4
1227.137
(3) (c) An analysis of the
actual and quantifiable benefits of the
2proposed rule, including
an assessment of how effective the proposed rule will be in
3addressing the policy problem how the rule reduces the risks and addresses the
4problems that the rule is intended to address.
AB389,13,213
227.137
(4) On the same day that the agency submits the economic impact
14analysis to the legislative council staff under s. 227.15 (1), the
The agency shall
also 15submit
that analysis the economic impact report to the legislative council staff under
16s. 227.15 (1), to the department of administration,
to the governor, and to the chief
17clerks of each house of the legislature, who shall distribute the analysis to the
18presiding officers of their respective houses, to the chairpersons of the appropriate
19standing committees of their respective houses, as designated by those presiding
20officers, and to the cochairpersons of the joint committee for review of administrative
21rules. If a proposed rule is modified after the economic impact analysis is submitted
22under this subsection so that the economic impact of the proposed rule is
23significantly changed, the agency shall prepare a revised economic impact analysis
24for the proposed rule as modified. A revised economic impact analysis shall be
1prepared and submitted in the same manner as an original economic impact analysis
2is prepared and submitted and to the petitioner.
AB389, s. 22
3Section
22. 227.137 (5) of the statutes is renumbered 227.137 (8).
AB389,13,146
227.137
(6) (a) (intro.) If an economic impact
analysis report regarding a
7proposed rule
indicates that a total of $20,000,000 or more in implementation and
8compliance costs are reasonably expected to be incurred by or passed along to
9businesses, local governmental units, and individuals as a result of the proposed rule 10is prepared under sub. (2), the department of administration shall review the
11proposed rule and issue a report. The agency may not submit a proposed rule to the
12legislature for review under s. 227.19 (2) until the agency receives a copy of the
13department's report and the approval of the secretary of administration. The report
14shall include all of the following findings:
AB389,13,1917
227.137
(6) (a) 1. That the economic impact
report and the analysis
is required
18under sub. (3) are supported by related documentation contained
or referenced in the
19economic impact
analysis report.
AB389, s. 27
24Section
27. 227.137 (6) (cm) of the statutes is created to read:
AB389,14,2
1227.137
(6) (cm) No person is entitled to judicial review of any action taken by
2the department of administration under this subsection.
AB389,14,137
227.137
(6) (bm) Before issuing a report under
sub. (6) par. (a), the department
8of administration may return a proposed rule to the agency for further consideration
9and revision with a written explanation of why the proposed rule is being returned.
10If the agency head disagrees with the department's reasons for returning the
11proposed rule, the agency head shall so notify the department in writing. The
12secretary of administration shall approve the proposed rule when the agency has
13adequately addressed the issues raised during the department's review of the rule.
AB389,14,1916
227.14
(2) (a) 6. Any analysis and supporting documentation that the agency
17used in support of the agency's determination of the rule's effect on small businesses
18under s. 227.114 or that was used when the agency prepared an economic impact
19analysis report under s. 227.137 (3).
AB389,15,822
227.15
(1) Submittal to legislative council staff. Prior to a public hearing
23on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19,
24an agency shall submit the proposed rule to the legislative council staff for review.
25The proposed rule shall be in the form required under s. 227.14 (1), and shall include
1the material required under s. 227.14 (2), (3), and (4)
, the economic impact analysis
2required under s. 227.137 (2), and any revised economic impact analysis required
3under s. 227.137 (4). An agency may not hold a public hearing on a proposed rule or
4give notice under s. 227.19 until after it has received a written report of the
5legislative council staff review of the proposed rule or until after the initial review
6period of 20 working days under sub. (2) (intro.), whichever comes first. An agency
7may give notice of a public hearing prior to receipt of the legislative council staff
8report. This subsection does not apply to rules promulgated under s. 227.24.
AB389,16,617
227.19
(2) Notification of legislature. An agency shall submit a notice to the
18chief clerk of each house of the legislature when a proposed rule is in final draft form.
19The notice shall be submitted in triplicate and shall be accompanied by a report in
20the form specified under sub. (3). A notice received under this subsection
on or after
21the last day of the legislature's final general-business floorperiod in the biennial
22session as established in the joint resolution required under s. 13.02 (3) September
231 of an even-numbered year shall be considered received on the first day of the next
24regular session of the legislature
, unless the presiding officers of both houses direct
25referral of the notice and report under this subsection before that day. The presiding
1officer of each house of the legislature shall, within 10 working days following the day
2on which the notice and report are received, direct the appropriate chief clerk to refer
3the notice and report to one standing committee. The agency shall submit to the
4legislative reference bureau for publication in the register a statement that a
5proposed rule has been submitted to the chief clerk of each house of the legislature.
6Each chief clerk shall enter a similar statement in the journal of his or her house.
AB389,16,179
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
10in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
11the material specified in s. 227.14 (2), (3), and (4), a copy of any economic impact
12analysis report prepared by the agency under s. 227.137 (2),
a copy of any revised
13economic impact analysis prepared by the agency under s. 227.137 (4), a copy of any
14report prepared by the department of administration under s. 227.137 (6), a copy of
15any energy impact report received from the public service commission under s.
16227.117 (2), and a copy of any recommendations of the legislative council staff. The
17report shall also include all of the following:
AB389,16,2520
227.19
(4) (b) 1. (intro.) Except as provided under
subds. 1m. and subd. 5., the
21committee review period for each committee extends for 30 days after referral of the
22proposed rule to the committee under sub. (2). If the chairperson or the
23cochairpersons of a committee take either of the following actions within the 30-day
24period, the committee review period for that committee is continued for 30 days from
25the date on which the first 30-day review period would have expired:
AB389,17,135
227.19
(4) (b) 2. If a committee, by a majority vote of a quorum of the committee,
6requests modifications in a proposed rule, and the agency, in writing, agrees to
7consider making modifications, the review period for both committees to which the
8proposed rule is referred is extended either to the 10th working day following receipt
9by those committees of the modified proposed rule or a written statement to those
10committees that the agency will not make the modifications or to the expiration of
11the review period under subd. 1.
or, if applicable, subd. 1m., whichever is later. There
12is no limit either on the number of modification agreements that may be entered into
13or on the time within which modifications may be made.
AB389,18,216
227.19
(4) (b) 2m. If a committee requests in writing that the public service
17commission determine the rule's impact on the cost or reliability of electricity
18generation, transmission, or distribution or of fuels used in generating electricity, the
19commission shall prepare an energy impact report in the manner provided under s.
20227.117 (1). The commission shall submit a copy of the report to the committee and
21to the agency that proposed the rule within 30 days after the written request is
22submitted to the commission. The review period for both committees to which the
23proposed rule is referred is extended to the 10th working day following receipt by
24those committees of the report, to the expiration of the review period under subd. 1.
1or, if applicable, subd. 1m., or to the expiration of the review period under subd. 2.,
2whichever is later.
AB389,18,145
227.19
(4) (b) 3. An agency may, on its own initiative, submit a germane
6modification to a proposed rule to a committee during its review period. If a germane
7modification is submitted within the final 10 days of a committee review period
8under subd. 1., the review period for both committees to which the proposed rule is
9referred is extended for 10 working days. If a germane modification is submitted to
10a committee after the committee in the other house has concluded its jurisdiction
11over the proposed rule, the jurisdiction of the committee of the other house is revived
12for 10 working days. In this subdivision, an agency's proposal to delete part of a
13proposed rule under committee review shall be treated as a germane modification of
14the proposed rule.
AB389,18,2317
227.19
(4) (b) 3m. An agency may, during the committee review period,
18reconsider its action by recalling the proposed rule from the chief clerk of each house
19of the legislature. If the agency decides to continue the rule-making process with
20regard to the proposed rule, the agency shall resubmit the proposed rule, either in
21its recalled form or with one or more germane modifications, to the chief clerk in each
22house of the legislature as provided in sub. (2) and the committee review period
23under subd. 1.
or, if applicable, subd. 1m. shall begin again.
AB389,19,8
1227.19
(4) (b) 5. If a committee in one house votes to object to a proposed rule
2or to a part of the proposed rule under par. (d), the chairperson or cochairpersons of
3the committee shall immediately notify the chairperson or cochairpersons of the
4committee in the other house to which the proposed rule was referred. Upon receipt
5of the notice, the review period for the committee in the other house immediately
6ceases and no further action on the proposed rule
or part of the proposed rule objected
7to may be taken under this paragraph by that committee, but the committee may
8proceed under par. (d) to object to the proposed rule
or part of the proposed rule.
AB389,19,2011
227.19
(4) (b) 6. If a committee has not concluded its jurisdiction over a
12proposed rule
or a part of a proposed rule before the day specified under s. 13.02 (1)
13for the next legislature to convene, that jurisdiction immediately ceases and, within
1410 working days after that date, the presiding officer of the appropriate house shall
15refer the proposed rule
or part of the proposed rule to the appropriate standing
16committee of the next legislature as provided under sub. (2). If a committee review
17period is interrupted by the loss of jurisdiction under this subdivision, a new
18committee review period as provided in subd. 1. shall begin for the committee to
19which the proposed rule
or part of the proposed rule is referred under this subdivision
20beginning on the date of referral under this subdivision.
AB389,20,423
227.19
(4) (c)
Waiver of
Agency not to promulgate rule during committee review. 24An agency may not promulgate a proposed rule during the committee review period
25unless both committees to which the proposed rule is referred waive jurisdiction over
1the proposed rule prior to the expiration of the review period. A committee may
2waive its jurisdiction over a proposed rule prior to the expiration of the committee
3review period by adopting, by a majority vote of a quorum of the committee, a motion
4waiving the committee's jurisdiction.
AB389,20,107
227.19
(4) (d)
Committee action. (intro.) A committee, by a majority vote of a
8quorum of the committee during the
applicable review period under par. (b), may
9object to a proposed rule
or to a part of a proposed rule for one or more of the following
10reasons:
AB389,20,2115
227.19
(4) (e)
Conclusion of committee jurisdiction Part of a proposed rule. 16Subject to par. (b) 3., a committee's jurisdiction over An agency may promulgate any
17part of a proposed rule
is concluded when the
that is not objected to by a committee
18objects to, approves, or waives its jurisdiction over the proposed rule or when the
19committee review period ends, whichever occurs first. When a committee's
20jurisdiction over a proposed rule is concluded, the committee shall report the
21proposed rule and any objection as provided in sub. (5) (a).
AB389,21,524
227.19
(5) (a)
Referral. When a committee's jurisdiction over a proposed rule
25is concluded as provided in sub. (4) (e) If a committee objects to a proposed rule, the
1committee shall report the proposed rule and
any the objection to the chief clerk of
2the appropriate house within 5 working days after
that jurisdiction is concluded 3making the objection. The chief clerk shall refer the proposed rule and
any the 4objection to the joint committee for review of administrative rules within 5 working
5days after receiving the committee report.
AB389,21,208
227.19
(5) (b) 1. (intro.)
Except as provided in subd. 1m., the The review period
9for the joint committee for review of administrative rules extends for 30 days after
10the last referral of a proposed rule and
any objection
are referred to that committee
,
11and during that review period that committee may take any action on the proposed
12rule in whole or in part permitted under this subsection. The joint committee for
13review of administrative rules shall meet and take action in executive session during
14that period
with respect to any proposed rule or any part of a proposed rule to which
15a committee has objected and may meet and take action in executive session during
16that period with respect to any proposed rule or any part of a proposed rule to which
17no committee has objected, except that if the cochairpersons take either of the
18following actions within the 30-day period, the joint committee review period is
19continued for 30 days from the date on which the first 30-day review period would
20have expired:
AB389,22,9
1227.19
(5) (b) 2. If the joint committee for review of administrative rules, by a
2majority vote of a quorum of the committee, requests modifications in a proposed
3rule, and the agency, in writing, agrees to consider making modifications, the review
4period for the joint committee is extended either to the 10th working day following
5receipt by the joint committee of the modified proposed rule or a written statement
6to the joint committee that the agency will not make the modifications or to the
7expiration of the review period under subd. 1.
or, if applicable, subd. 1m., whichever
8is later. There is no limit either on the number of modification agreements that may
9be entered into or on the time within which modifications may be made.
AB389, s. 53
10Section
53. 227.19 (5) (b) 3. of the statutes is created to read:
AB389,22,1311
227.19
(5) (b) 3. If both committees to which a proposed rule is referred object
12to the proposed rule, each objection has a separate review period beginning on the
13date of its receipt by the joint committee for review of administrative rules.
AB389,23,216
227.19
(5) (b) 4. If the joint committee for review of administrative rules has
17not concluded its jurisdiction over a proposed rule
or a part of a proposed rule before
18the day specified under s. 13.02 (1) for the next legislature to convene, that
19jurisdiction immediately ceases and, within 10 working days after that date, the
20presiding officer of the appropriate house shall refer the proposed rule
or part of the
21proposed rule to the joint committee for review of administrative rules of the next
22legislature. If a committee review period is interrupted by the loss of jurisdiction
23under this subdivision, a new committee review period as provided in subd. 1. shall
24begin for the joint committee for review of administrative rules to which the proposed
1rule
or part of the proposed rule is referred under this subdivision beginning on the
2date of referral under this subdivision.
AB389,23,155
227.19
(5) (c)
Agency not to promulgate rule during joint committee review. An
6agency may not promulgate a proposed rule
or a part of a proposed rule until to which
7a committee has objected unless the joint committee for review of administrative
8rules nonconcurs in the
objection action of the committee
, concurs in the approval of
9the committee, otherwise approves the proposed rule or part of the proposed rule, or
10waives its jurisdiction over the proposed rule or part of the proposed rule under par.
11(d), until the expiration of the review period under par. (b) 1., if no committee has
12objected to the proposed rule or the part of the proposed rule,
under par. (d) or until
13a bill introduced under par. (e) fails to be enacted
, or until a bill introduced under par.
14(em) is enacted. An agency may promulgate any part of a proposed rule to which no
15objection has been made.
AB389,24,418
227.19
(5) (d)
Joint committee action. The joint committee for review of
19administrative rules may nonconcur in a committee's objection to a proposed rule
or
20a part of a proposed rule, concur in a committee's approval of a proposed rule or a part
21of a proposed rule, otherwise approve a proposed rule or a part of a proposed rule, or
22waive its jurisdiction over a proposed rule or a part of a proposed rule by voting to
23nonconcur
, concur, or approve, or to waive its jurisdiction, during the
applicable 24review period under par. (b).
Except as provided in par. (dm), if If the joint committee
25for review of administrative rules objects to a proposed rule
or a part of a proposed
1rule, an agency may not promulgate the proposed rule
or part of the proposed rule
2objected to until a bill introduced under par. (e) fails to be enacted. The joint
3committee for review of administrative rules may object to a proposed rule
or a part
4of a proposed rule only for one or more of the reasons specified under sub. (4) (d).
AB389,24,169
227.19
(5) (e)
Bills to prevent promulgation. When the joint committee for
10review of administrative rules objects to a proposed rule
or a part of a proposed rule 11under par. (d) it shall, within 30 days of the date of the objection, meet and take
12executive action regarding the introduction, in each house of the legislature, of a bill
13to support the objection. The joint committee shall introduce the bills within 5
14working days after taking executive action in favor of introduction of the bills unless
15the bills cannot be introduced during this time period under the joint rules of the
16legislature.
AB389,25,321
227.19
(5) (f)
Timely introduction of bills; effect. If both bills required under par.
22(e) are defeated, or fail to be enacted in any other manner, the agency may
23promulgate the proposed rule
or part of the proposed rule that was objected to. If
24either bill becomes law, the agency may not promulgate the proposed rule
or part of
25the proposed rule that was objected to unless a subsequent law specifically
1authorizes its promulgation. This paragraph applies to bills introduced on or after
2the day specified under s. 13.02 (1) for the legislature to convene and before February
31 of an even-numbered year.
AB389,25,208
227.19
(5) (g)
Introduction of bills in next session; effect. (intro.) If the bills
9required under par. (e) are introduced on or after February 1 of an even-numbered
10year and before the next regular session of the legislature commences, as provided
11under s. 13.02 (2), or if the bills cannot be introduced during this time period under
12the joint rules of the legislature, the joint committee for review of administrative
13rules shall introduce the bills on the first day of the next regular session of the
14legislature, unless either house adversely disposes of either bill. If the joint
15committee for review of administrative rules is required to introduce the bills, the
16agency may not promulgate the proposed rule
or part of the proposed rule to which
17the bills pertain except as provided in par. (f). If either house adversely disposes of
18either bill, the agency may promulgate the proposed rule
or part of the proposed rule 19that was objected to. In this paragraph, "adversely disposes of" means that one house
20has voted in one of the following ways:
AB389,25,2323
227.19
(6) (title)
Promulgation prevention
or authorization procedure.
AB389,26,4
1227.19
(6) (a) (intro.) The legislature may not consider a bill required
or
2permitted under sub. (5) (e)
or (em) until the joint committee for review of
3administrative rules has submitted a written report on the bill. The report shall be
4printed as an appendix to each bill and shall contain:
AB389,26,87
227.19
(6) (a) 1. An explanation of the issue involving the proposed rule
or part
8of the proposed rule objected to and the factual situation out of which the issue arose.
AB389,26,1311
227.19
(6) (a) 4. A statement and analysis of the grounds upon which the joint
12committee for review of administrative rules relies for objecting to the proposed rule
13or part of the proposed rule.