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.
AB389,27,1122
227.40
(1) Except as provided in sub. (2), the exclusive means of judicial review
23of the validity of a rule shall be an action for declaratory judgment as to the validity
24of the rule brought in the circuit court for
the county where the party asserting the
25invalidity of the rule resides or has its principal place of business or, if that party is
1a nonresident or does not have its principal place of business in this state, in the
2circuit court for the county where the dispute arose Dane County. The officer or other
3agency whose rule is involved shall be the party defendant. The summons in the
4action shall be served as provided in s. 801.11 (3) and by delivering a copy to that
5officer or, if the agency is composed of more than one person, to the secretary or clerk
6of the agency or to any member of the agency. The court shall render a declaratory
7judgment in the action only when it appears from the complaint and the supporting
8evidence that the rule or its threatened application interferes with or impairs, or
9threatens to interfere with or impair, the legal rights and privileges of the plaintiff.
10A declaratory judgment may be rendered whether or not the plaintiff has first
11requested the agency to pass upon the validity of the rule in question.
AB389,27,2016
801.50
(3) Except as provided in this subsection, all All actions in which the
17sole defendant is the state, any state board or commission, or any state officer,
18employee, or agent in an official capacity shall be venued in Dane County unless
19another venue is specifically authorized by law.
All actions relating to the validity
20or invalidity of a rule shall be venued as provided in s. 227.40 (1).
AB389,27,2222
(1) D
eclaratory judgment actions.
AB389,27,2523
(a)
Venue in declaratory judgment actions. The treatment of sections 227.40
24(1) and 801.50 (3) of the statutes first applies to an action for declaratory judgment
25commenced on the effective date of this subsection.
AB389,28,3
1(b)
Declaratory judgment orders. The treatment of sections 13.92 (4) (a), 35.93
2(4), and 227.40 (6) of the statutes first applies to an action commenced on the effective
3date of this subsection.
AB389,28,8
4(2)
Rule-making authority; rules interpreting statutes. The renumbering
5and amendment of section 227.11 (2) (a) (intro.) of the statutes and the repeal of
6section 227.11 (2) (a) 1. to 3. of the statutes first apply to a proposed administrative
7rule submitted to the legislative council staff under section 227.15 of the statutes on
8the effective date of this subsection.
AB389,28,15
9(3)
Economic impact reports. The treatment of sections 227.137 (title), (1), (3)
10(intro.), (a), (b), (c), (d), (e), and (f), (4), (5), and (6) (intro.), (a), (b), (c), (cm), (d), and
11(7), 227.14 (2) (a) 6., 227.15 (1) and (1m) (bm), 227.17 (3) (em), and 227.19 (3) (intro.)
12of the statutes, the renumbering and amendment of section 227.137 (2) of the
13statutes, and the creation of section 227.137 (2) (a) and (b) of the statutes first apply
14to a proposed administrative rule submitted to the legislature under section 227.19
15(2) of the statutes, as affected by this act, on the effective date of this subsection.
AB389,28,19
16(4)
Gubernatorial approval of rules. The treatment of sections 227.135 (2),
17(3), (4), and (5), 227.185, and 227.24 (1) (e) 1d., 1g., and 1m. of the statutes first
18applies to a proposed rule whose statement of scope is published in the Wisconsin
19administrative register on the effective date of this subsection.
AB389,29,220
(5)
Legislative approval or authorization of rules. The treatment of section
21227.19 (2), (4) (b) 1. (intro.), 1m., 2., 2m., 3., 3m., 5., and 6., (c), (d) (intro.) and 7., and
22(e), (5) (a), (b) 1. (intro.), 1m., 2., 3., and 4., (c), (d), (dm), (e), (em), (f), (fm), and (g)
23(intro.), and (6) (a) (intro.), 1., and 4. of the statutes first applies to a proposed rule
1submitted to the legislature under section 227.19 (2) of the statutes, as affected by
2this act, on the effective date of this subsection.