JR1 AB8: Bill Text

AB8,13,9 227.137 (7) Before issuing a report under sub. (2) (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 being 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AB8, s. 27 Section 27. 227.138 (4) of the statutes is repealed.

AB8, s. 28 Section 28. 227.14 (2) (a) 6. of the statutes is amended to read:

AB8,13,15 227.14 (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 analysis under s. 227.137 (3).

AB8, s. 29 Section 29. 227.15 (1) of the statutes is amended to read:

AB8,14,2 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19, an agency shall submit the proposed rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1), and shall include the material required under s. 227.14 (2) to (4), (3), and (4) and the economic impact analysis required under s. 227.137 (2). An agency may not hold a public hearing on a proposed rule or give notice under s. 227.19 until after it has received a written report of the legislative council staff review of the proposed rule or until after the initial review period of 20 working days under sub. (2) (intro.), whichever comes first. An agency may give notice of a public hearing prior to receipt of the legislative council staff report. This subsection does not apply to rules promulgated under s. 227.24.

AB8, s. 30 Section 30. 227.15 (1m) (bm) of the statutes is created to read:

AB8,14,4 227.15 (1m) (bm) The economic impact analysis required under s. 227.137 (2).

AB8, s. 31 Section 31. 227.17 (3) (em) of the statutes is created to read:

AB8,14,9 227.17 (3) (em) The economic impact analysis required under s. 227.137 (2) and any report prepared by the department of administration under s. 227.137 (6), or a summary of that analysis and report and a description of how a copy of the full analysis and report may be obtained from the agency at no charge.

AB8, s. 32 Section 32. 227.185 of the statutes is created to read:

AB8,14,18 227.185 Approval by governor. After a proposed rule is in final draft form, the agency shall submit the proposed rule to the governor for approval. The governor, in his or her discretion, may approve, modify, or reject the proposed rule. If the governor approves a proposed rule, the governor shall provide the agency with a written notice of that approval. No proposed rule may be submitted to the legislature for review under s. 227.19 (2) or filed with the legislative reference bureau under s. 227.20 for publication under s. 227.21 unless the governor has approved the proposed rule in writing.

AB8, s. 33 Section 33. 227.19 (3) (intro.) of the statutes is amended to read:

AB8,15,2 227.19 (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, (3), and (4), a copy of any economic impact report analysis prepared by the agency under s. 227.137 (2), a copy of any report prepared by the department of administration under s. 227.138 227.137 (6), 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, s. 34 Section 34. 227.24 (1) (e) 1. of the statutes is renumbered 227.24 (1) (e) 1m.

AB8, s. 35 Section 35. 227.24 (1) (e) 1d. of the statutes is created to read:

AB8,15,12 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register under s. 227.135 (3) at the same time that the proposed emergency rule is published. If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4).

AB8, s. 36 Section 36. 227.24 (1) (e) 1g. of the statutes is created to read:

AB8,15,16 227.24 (1) (e) 1g. Submit the proposed emergency rule in final draft form to the governor for approval as provided in s. 227.185. An agency may not file an emergency rule for publication until the governor approves the emergency rule in writing.

AB8, s. 37 Section 37. 227.24 (3g) of the statutes is created to read:

AB8,16,7 227.24 (3g) Economic impact analysis. Before filing a proposed emergency rule under sub. (3), an agency shall prepare an economic impact analysis for the proposed emergency rule in the manner required under s. 227.137 (3) and shall submit that analysis to the department of administration, to the governor, and to the chief clerks of each house of the legislature, who shall distribute the analysis to the presiding officers of their respective houses, to the chairpersons of the appropriate standing committees of their respective houses, as designated by those presiding officers, and to the cochairpersons of the joint committee for review of administrative rules. If the economic impact analysis indicates that a total of $20,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses and individuals as a result of the proposed emergency rule, the department of administration shall review the proposed rule and issue a report under s. 227.137 (6). The agency may not file the proposed emergency rule until the agency receives a copy of the department of administration's report and the approval of the secretary of administration under s. 227.137 (7).

AB8, s. 38 Section 38. 227.40 (1) of the statutes is amended to read:

AB8,16,24 227.40 (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 the rule brought in the circuit court for the county where the party asserting the invalidity of the rule resides or has its principal place of business or, if that party is a nonresident or does not have its principal place of business in this state, 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 the action shall be served as provided in s. 801.11 (3) and by delivering a copy to such that officer or, if the agency is composed of more than one person, to the secretary or clerk of the agency where composed of more than one person or to any member of such the agency. The court shall render a declaratory judgment in such the 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, s. 39 Section 39. 801.50 (3) of the statutes is amended to read:

AB8,17,5 801.50 (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 the county where the plaintiff resides unless another venue is specifically authorized by law. If the plaintiff is a nonresident or is not a natural person, the action shall be venued in the county where the dispute arose.

AB8, s. 9309 Section 9309. Initial applicability; Circuit Courts.

AB8,17,9 (1) Venue in declaratory judgment actions. The treatment of section 227.40 (1) of the statutes first applies to an action for declaratory judgment commenced on the effective date of this subsection.

AB8,17,12 (2) Venue in certain actions against the state. The treatment of section 801.50 (3) of the statutes first applies to an action commenced on the effective date of this subsection.

AB8, s. 9355 Section 9355. Initial applicability; Other.

AB8,17,18 (1) Rule-making authority; rules interpreting statutes. The renumbering and amendment of section 227.11 (2) (a) of the statutes and the creation of section 227.11 (2) (a) 1. to 3. of the statutes first apply to a proposed administrative rule submitted to the legislative council staff under section 227.15 of the statutes on the effective date of this subsection.

AB8,18,2 (2) Economic impact analyses. The treatment of sections 227.137 (title), (1), (2) (intro.), (a) and (b), (3) (intro.), (a), (b), (c), (d), and (e), (4), and (5), 227.138 (title), (1), (2) (intro.), (a), (b), (c), and (d), (3), and (4), 227.14 (2) (a) 6., 227.15 (1) and (1m) (bm), 227.17 (3) (em), 227.19 (3) (intro.), and 227.24 (3g) of the statutes first applies to a proposed administrative rule submitted to the legislative council staff under section 227.15 of the statutes, as affected by this act, and to a proposed emergency rule filed with the legislative reference bureau under section 227.24 (3) of the statutes on the effective date of this subsection.

AB8,18,7 (3) Gubernatorial approval of proposed rules and emergency rules. The treatment of sections 227.135 (2), (3), and (4), 227.185, and 227.24 (1) (e) 1., 1d., and 1g. of the statutes first applies to a proposed rule or emergency rule whose statement of scope is presented to the governor for approval on the effective date of this subsection.

AB8,18,8 (End)