AB64,762,98
(e) This subsection does not apply to guidance documents adopted before the
9effective date of this paragraph .... [LRB inserts date].
AB64,762,16
10(2) An agency shall post each guidance document that the agency has adopted
11on the agency's Internet site and shall permit continuing public comment on the
12guidance document. The agency shall ensure that each guidance document that the
13agency has adopted remains on the agency's Internet site as provided in this
14subsection until the guidance document is no longer in effect, is no longer valid, or
15is superseded or until the agency otherwise rescinds its adoption of the guidance
16document.
AB64,763,2
17(3) A guidance document does not have the force of law and does not provide
18the authority for implementing or enforcing a standard, requirement, or threshold,
19including as a term or condition of any license. A guidance document that imposes
20a regulatory obligation or consequence is invalid, and the regulatory obligation or
21consequence may not be administered or enforced unless the agency promulgates it
22as a rule. An agency that proposes to rely on a guidance document to the detriment
23of a person in any administrative proceeding shall afford the person an adequate
24opportunity to contest the legality or wisdom of a position taken in the guidance
1document. An agency may not use a guidance document to foreclose consideration
2of any issue raised in the guidance document.
AB64,763,8
3(4) If an agency proposes to act in an administrative proceeding at variance
4with a position expressed in a guidance document, it shall provide a reasonable
5explanation for the variance. If an affected person in an administrative proceeding
6may have relied reasonably on the agency's position, the explanation must include
7a reasonable justification for the agency's conclusion that the need for the variance
8outweighs the affected person's reliance interest.
AB64,763,11
9(5) Persons that qualify under s. 227.12 to petition an agency to promulgate
10a rule may, as provided in s. 227.12, petition an agency to promulgate a rule in place
11of a guidance document.
AB64,1713
12Section
1713. 227.12 (4) of the statutes is amended to read:
AB64,764,813
227.12
(4) If a petition to the department of revenue establishes that the
14department has established a standard by which it is construing a state tax statute,
15but has not promulgated a rule to adopt the standard or published the standard in
16a manner that is available to the public, the department shall, as provided under s.
17227.135, submit a statement of the scope of the proposed rule to the governor no later
18than 90 days after receiving the petition. No later than 270 days after the statement
19is approved by the governor, the department shall submit the proposed rule in final
20draft form to the governor for the governor's approval, as provided under s. 227.185
21(1). At the department's request, the governor may, at any time prior to the
22expiration of any deadline specified in this subsection, extend the time for submitting
23the statement or proposed rule in draft form for any period not to exceed 60 days.
24The governor may grant more than one extension under this subsection, but the total
25period for all such extensions may not exceed 120 days. The rule need not adhere to
1the standard established by the department, but shall address the same
2circumstances as the standard addresses. If the department fails to comply with this
3subsection, any of the petitioners may commence an action in circuit court to compel
4the department's compliance. If an action is commenced under this subsection, the
5court may compel the department to provide information to the court related to the
6degree to which the department is enforcing the standard, except that the
7information provided by the department shall not disclose the identity of any person
8who is not a party to the action.
AB64,1714
9Section 1714
. 227.132 of the statutes is created to read:
AB64,764,11
10227.132 Duties of department of administration. The department of
11administration shall do all of the following:
AB64,764,14
12(1) Provide training to agencies on appropriate data collection and methods of
13analysis for purposes of preparing economic impact analyses of proposed rules under
14s. 227.137 (3).
AB64,764,19
15(2) Attend hearings of the joint committee for review of administrative rules
16and present testimony on proposed rules that the department determines will have
17an economic impact on specific businesses, business sectors, public utility
18ratepayers, local governmental units, regulated individuals and entities, or the
19state's economy as a whole.
AB64,764,21
20(3) Review and approve economic impact analyses as provided under s. 227.137
21(3m).
AB64,764,23
22(4) Request independent economic impact analyses under s. 227.137 (4m)
23when appropriate.
AB64,1715
24Section 1715
. 227.135 (1) (intro.) of the statutes is amended to read:
AB64,765,4
1227.135
(1) (intro.) An agency shall prepare a statement of the scope of any rule
2that it plans to promulgate
, which shall be approved by the individual or body with
3policy-making powers over the subject matter of the proposed rule. The statement
4shall include all of the following:
AB64,1716
5Section 1716
. 227.135 (2) of the statutes is amended to read:
AB64,765,206
227.135
(2) An agency that has prepared a statement of the scope of the
7proposed rule shall present the statement to the governor
and to the individual or
8body with policy-making powers over the subject matter of the proposed rule for
9approval who, in his or her discretion, may approve or reject the statement of scope.
10The agency may not send the statement to the legislative reference bureau for
11publication under sub. (3) until the governor issues a written notice of approval of
12the statement.
The individual or body with policy-making powers may not approve
13the statement until at least 10 days after publication of the statement under sub. (3).
14No state employee or official may perform any activity in connection with the
15drafting of a proposed rule
, except for an activity necessary to prepare the statement
16of the scope of the proposed rule
, until the governor
and the individual or body with
17policy-making powers over the subject matter of the proposed rule approve approves 18the statement
. This subsection does not prohibit an agency from performing an
19activity necessary to prepare a petition and proposed rule for submission under s.
20227.26 (4).
AB64,1717
21Section
1717. 227.135 (3) of the statutes is amended to read:
AB64,766,922
227.135
(3) If the governor approves a statement of the scope of a proposed rule
23under sub. (2), the agency shall send an electronic copy of the statement to the
24legislative reference bureau, in a format approved by the legislative reference
25bureau, for publication in the register. On the same day that the agency sends the
1statement to the legislative reference bureau, the agency shall send a copy of the
2statement to the secretary of administration
and to the chief clerks of each house of
3the legislature, who shall distribute the statement to the cochairpersons of the joint
4committee for review of administrative rules. The agency shall include with any
5statement of scope sent to the legislative reference bureau the date of the governor's
6approval of the statement of scope. The legislative reference bureau shall assign a
7discrete identifying number to each statement of scope and shall include that
8number and the date of the governor's approval in the publication of the statement
9of scope in the register.
AB64,1718
10Section
1718. 227.136 of the statutes is created to read:
AB64,766,16
11227.136 Preliminary public hearing and comment period. (1) Within
1210 days after publication of a statement of the scope of a proposed rule under s.
13227.135 (3), either cochairperson of the joint committee for the review of
14administrative rules may submit a written directive to the agency that prepared the
15statement for the agency to hold a preliminary public hearing and comment period
16on the statement of scope as provided in this section.
AB64,767,3
17(2) If the agency is directed to hold a preliminary public hearing and comment
18period on a statement of scope as provided in sub. (1) or if the agency otherwise opts
19to do so on its own initiative, the agency shall take no further action with respect to
20any permanent rule based upon that statement of scope until otherwise permitted
21under sub. (6) and shall submit to the legislative reference bureau, in a format
22approved by the legislative reference bureau, a notice of a preliminary public hearing
23and comment period to allow for public comment and feedback on the statement of
24scope. The agency may also take any other action it considers necessary to provide
25notice of the preliminary public hearing and comment period to other interested
1persons. The notice shall be approved by the individual or body with policy-making
2powers over the subject matter of the proposed rule and shall include all of the
3following:
AB64,767,44
(a) A statement of the date, time, and place of the preliminary public hearing.
AB64,767,65
(b) The place where comments on the statement of scope should be submitted
6and the deadline for submitting those comments.
AB64,767,9
7(3) The agency shall hold the preliminary public hearing and comment period
8in accordance with the notice required under sub. (2), but may not hold the hearing
9sooner than the 3rd day after publication of the notice in the register.
AB64,767,11
10(4) The agency shall conduct a hearing under this section in accordance with
11s. 227.18.
AB64,767,15
12(5) The agency shall report all public comments and feedback on the statement
13of scope of the proposed rule that the agency receives at the preliminary public
14hearing and comment period to the individual or body with policy-making powers
15over the subject matter of the proposed rule.
AB64,767,17
16(6) The agency may resume work on a permanent rule upon the conclusion of
17a preliminary hearing and comment period held under this section.
AB64,767,20
18(7) Failure of any person to receive notice of a preliminary public hearing as
19provided in this section is not grounds for invalidating any resulting rule if notice of
20the hearing was published in the register in accordance with s. 35.93 (2) (b) 3. bm.
AB64,1719
21Section 1719
. 227.137 (3) (intro.) and (a) of the statutes are amended to read:
AB64,768,922
227.137
(3) (intro.) An economic impact analysis of a proposed rule shall
23contain information on the economic effect of the proposed rule on specific
24businesses, business sectors, public utility ratepayers, local governmental units,
25regulated individuals and entities, and the state's economy as a whole.
When The
1agency or vendor preparing the analysis
, the agency shall solicit information and
2advice from businesses, associations representing businesses, local governmental
3units, and individuals that may be affected by the proposed rule. The agency
or
4vendor shall prepare the economic impact analysis in coordination with local
5governmental units that may be affected by the proposed rule. The agency
or vendor 6may
also request information that is reasonably necessary for the preparation of an
7economic impact analysis from other businesses, associations, local governmental
8units, and individuals and from other agencies. The economic impact analysis shall
9include all of the following:
AB64,768,1610
(a) An analysis and quantification of the policy problem that the proposed rule
11is intending to address, including comparisons with the approaches used by the
12federal government and by Illinois, Iowa, Michigan, and Minnesota to address that
13policy problem
and, if. If the approach chosen by the agency to address that policy
14problem is different from those approaches,
an economic impact analysis prepared
15by an agency shall include a statement as to why the agency chose a different
16approach.
AB64,1720
17Section
1720. 227.137 (3) (b) of the statutes is renumbered 227.137 (3) (b)
18(intro.) and amended to read:
AB64,768,2319
227.137
(3) (b) (intro.) An analysis and detailed quantification of the economic
20impact of the proposed rule, including the implementation and compliance costs that
21are reasonably expected to be incurred by or passed along to the businesses, local
22governmental units, and individuals that may be affected by the proposed rule
.,
23specifically including all of the following:
AB64,1721
24Section
1721. 227.137 (3) (b) 1. and 2. of the statutes are created to read:
AB64,769,7
1227.137
(3) (b) 1. An estimate of the total implementation and compliance costs
2that are reasonably expected to be incurred by or passed along to businesses, local
3governmental units, and individuals as a result of the proposed rule, expressed as
4a single dollar figure. With respect to an independent economic impact analysis
5prepared under sub. (4m) or s. 227.19 (5) (b) 3., the vendor preparing the analysis
6shall provide a detailed explanation of any variance from the agency's estimate
7under this subdivision.
AB64,769,128
2. A determination, for purposes of the requirement under s. 227.139, as to
9whether $10,000,000 or more in implementation and compliance costs are
10reasonably expected to be incurred by or passed along to businesses, local
11governmental units, and individuals over any 2-year period as a result of the
12proposed rule.
AB64,1722
13Section 1722
. 227.137 (3c) of the statutes is created to read:
AB64,769,1814
227.137
(3c) An agency may not begin soliciting information and advice under
15sub. (3) until the 10-day period under s. 227.136 (1) has concluded or, if the agency
16holds a preliminary hearing and comment period as provided in s. 227.136 (2), until
17the agency is permitted to resume work on the rule under s. 227.136 (6), whichever
18occurs later.
AB64,1723
19Section 1723
. 227.137 (3m) of the statutes is created to read:
AB64,770,1220
227.137
(3m) Prior to submitting an economic impact analysis prepared under
21sub. (2) to the legislative council staff under s. 227.15 (1), an agency shall submit the
22economic impact analysis to the department of administration. The department of
23administration shall review the economic impact analysis and determine whether
24the data used by the agency in preparing the analysis are appropriate for
25determining the economic impact of the proposed rule and whether the analysis
1accurately gauges the economic impact of the proposed rule. If the department of
2administration determines that the agency's analysis does not accurately gauge the
3economic impact of the proposed rule, it shall recommend any modifications to the
4economic impact analysis that it considers necessary and direct the agency to revise
5the analysis. An agency may not submit an economic impact analysis to the
6legislative council staff under s. 227.15 (1) without the approval of the department
7of administration. The department of administration may approve an economic
8impact analysis only upon determining that the economic impact analysis accurately
9gauges the economic impact of the proposed rule. The department of administration
10shall similarly review and approve any revised economic impact analysis prepared
11under sub. (4). The department of administration shall, upon approving an economic
12impact analysis, submit a statement indicating that approval to the agency.
AB64,1724
13Section 1724
. 227.137 (4m) of the statutes is created to read:
AB64,770,1914
227.137
(4m) (a) After an agency submits an economic impact analysis for a
15proposed rule to the legislature under sub. (4), but before the agency submits the
16proposed rule for approval under s. 227.185 (1), the department of administration or
17either cochairperson of the joint committee for review of administrative rules may
18request an independent economic impact analysis to be prepared for the proposed
19rule.
AB64,771,220
(b) 1. If the department of administration requests an independent economic
21impact analysis under par. (a), the department shall notify the agency proposing the
22proposed rule and shall contract with a vendor that is not an agency to prepare the
23independent economic impact analysis. If a cochairperson of the joint committee for
24review of administrative rules requests an independent economic impact analysis
25under par. (a), the cochairperson shall notify the agency proposing the proposed rule
1and shall direct the department of administration to contract with a vendor that is
2not an agency to prepare the independent economic impact analysis.
AB64,771,113
2. Upon completion of an independent economic impact analysis requested by
4the department of administration, the vendor preparing the analysis may submit a
5request to the department of administration for reimbursement of its actual and
6necessary costs of completing the analysis, and the department of administration
7shall assess the agency that is proposing the proposed rule for those costs. The
8department of administration shall credit all moneys received under this subdivision
9to the appropriation account under s. 20.505 (1) (kt) and shall reimburse a person
10who submits a request for reimbursement under this subdivision from the
11appropriation account under s. 20.505 (1) (kt).
AB64,771,1612
3. Upon completion of an independent economic impact analysis requested by
13a cochairperson of the joint committee for review of adminstrative rules, the vendor
14preparing the analysis may submit a request to the committee for reimbursement of
15its actual and necessary costs of completing the analysis. Costs of completing the
16independent economic impact analysis shall be paid as follows:
AB64,771,2417
a. If the estimate in the independent economic impact analysis of total
18implementation and compliance costs under sub. (3) (b) 1. varies from the agency's
19estimate by 15 percent or more or varies from the agency's determination that there
20will be no implementation or compliance costs, the committee shall assess the agency
21that is proposing the proposed rule for those costs. The committee shall credit all
22moneys received under this subd. 3. a. to the appropriation account under s. 20.765
23(1) (kt) and shall reimburse the vendor from the appropriation account under s.
2420.765 (1) (kt).
AB64,772,6
1b. If the estimate in the independent economic impact analysis of total
2implementation and compliance costs under sub. (3) (b) 1. does not vary from the
3agency's estimate by 15 percent or more or is in accord with the agency's
4determination that there will be no implementation and compliance costs, the
5committee shall reimburse the vendor in equal parts from the appropriation
6accounts under s. 20.765 (1) (a) and (b).
AB64,772,87
(c) A vendor preparing an independent economic impact analysis under par. (b)
8shall do all of the following:
AB64,772,99
1. Include in the analysis the information that is required under sub. (3).
AB64,772,1510
2. Upon completion of the analysis, submit the analysis to the agency, to the
11department of administration, to the governor, and to the chief clerks of each house
12of the legislature, who shall distribute the analysis to the presiding officers of their
13respective houses, to the chairpersons of the appropriate standing committees of
14their respective houses, as designated by those presiding officers, and to the
15cochairpersons of the joint committee for review of administrative rules.
AB64,772,1716
3. Complete the independent economic impact analysis within 60 days after
17contracting to prepare the analysis.
AB64,772,2018
(d) When an independent economic impact analysis is requested under par. (a),
19the agency may not submit the proposed rule for approval under s. 227.185 (1) until
20the agency receives the completed independent economic impact analysis.
AB64,1725
21Section 1725
. 227.137 (6) and (7) of the statutes are repealed.
AB64,1726
22Section 1726
. 227.139 of the statutes is created to read:
AB64,773,7
23227.139 Passage of bill required for certain rules. (1) If an economic
24impact analysis prepared under s. 227.137 (2), a revised economic impact analysis
25prepared under s. 227.137 (4), or an independent economic impact analysis prepared
1under s. 227.137 (4m) or 227.19 (5) (b) 3. indicates that $10,000,000 or more in
2implementation and compliance costs are reasonably expected to be incurred by or
3passed along to businesses, local governmental units, and individuals over any
42-year period as a result of the proposed rule, the agency proposing the rule shall
5stop work on the proposed rule and may not continue promulgating the proposed rule
6notwithstanding any provision authorizing or requiring the agency to promulgate
7the proposed rule, except as authorized under sub. (2).
AB64,773,11
8(2) (a) Any member of the legislature may introduce a bill authorizing an
9agency to promulgate a rule that the agency is prohibited from promulgating under
10sub. (1). The agency may resume the rule-making process as provided in this
11subchapter upon enactment of a bill introduced under this paragraph.
AB64,773,2412
(b) If an agency is prohibited from promulgating a rule under sub. (1), the
13agency may modify the proposed rule, if the modification is germane to the subject
14matter of the proposed rule, to address the implementation and compliance costs of
15the proposed rule. If the agency modifies a proposed rule under this paragraph, the
16agency shall prepare a revised economic impact analysis under s. 227.137 (4).
17Following the modification, the agency may continue with the rule-making process
18as provided in this subchapter if the revised economic impact analysis prepared by
19the agency indicates, and any independent economic impact analysis prepared under
20s. 227.137 (4m) or 227.19 (5) (b) 3. subsequent to the agency's modification also
21indicates, that $10,000,000 or more in implementation and compliance costs are not
22reasonably expected to be incurred by or passed along to businesses, local
23governmental units, and individuals over any 2-year period as a result of the
24proposed rule.
AB64,773,25
25(3) This section does not apply to rules promulgated under s. 227.24.
AB64,1727
1Section
1727. 227.14 (2) (a) 3m. of the statutes is created to read:
AB64,774,62
227.14
(2) (a) 3m. A summary of any public comments and feedback on the
3statement of scope of the proposed rule that the agency received at any preliminary
4public hearing and comment period held under s. 227.136 and a description of how
5and to what extent the agency took those comments and that feedback into account
6in drafting the proposed rule.
AB64,1728
7Section 1728
. 227.14 (4m) of the statutes is amended to read:
AB64,775,28
227.14
(4m) Notice of submittal to legislative council staff. On the same
9day that an agency submits a proposed rule to the legislative council staff under s.
10227.15, the agency shall prepare a written notice of the agency's submittal to the
11legislative council staff. The notice shall include a statement of the date on which
12the proposed rule has been submitted to the legislative council staff for review, of the
13subject matter of the proposed rule
, and of whether a public hearing on the proposed
14rule is required
under s. 227.16, and shall identify the organizational unit within the
15agency that is primarily responsible for the promulgation of the rule. The notice
16shall also include a statement containing the identifying number of the statement
17of scope for the proposed rule assigned under s. 227.135 (3), the date of publication
18and issue number of the register in which the statement of scope is published, and
19the date of approval
by the department of administration of the
statement of scope
20by the individual or body with policy-making powers over the subject matter of the
21proposed rule under s. 227.135 (2) agency's initial economic impact analysis under
22s. 227.137 (3m). The notice shall be approved by the individual or body with
23policy-making powers over the subject matter of the proposed rule. The agency shall
24send an electronic copy of the notice to the legislative reference bureau, in a format
25approved by the legislative reference bureau, for publication in the register. On the
1same day that the agency sends the notice to the legislative reference bureau, the
2agency shall send a copy of the notice to the secretary of administration.
AB64,1729
3Section 1729
. 227.15 (1) of the statutes is amended to read:
AB64,775,164
227.15
(1) Submittal to legislative council staff. Prior to a public hearing
5on a proposed rule
required under s. 227.16 or, if no
such public hearing is required,
6prior to notice under s. 227.19, an agency shall submit the proposed rule to the
7legislative council staff for review. The proposed rule shall be in the form required
8under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3),
9and (4), the economic impact analysis required under s. 227.137 (2), and any revised
10economic impact analysis required under s. 227.137 (4). An agency may not hold a
11public hearing on a proposed rule or give notice under s. 227.19 until after it has
12received a written report of the legislative council staff review of the proposed rule
13or until after the initial review period of 20 working days under sub. (2) (intro.),
14whichever comes first. An agency may give notice of a public hearing prior to receipt
15of the legislative council staff report. This subsection does not apply to rules
16promulgated under s. 227.24.
AB64,1730
17Section 1730
. 227.15 (1m) (bm) of the statutes is amended to read:
AB64,775,2018
227.15
(1m) (bm) The economic impact analysis required under s. 227.137 (2)
19and, any revised economic impact analysis required under s. 227.137 (4)
, and any
20independent economic impact analysis prepared under s. 227.137 (4m).
AB64,1731
21Section
1731. 227.16 (1) of the statutes is amended to read:
AB64,775,2522
227.16
(1) Except as provided under sub. (2) In addition to any preliminary
23public hearing and comment period held under s. 227.136, all rule making by an
24agency shall be preceded by notice and public hearing as provided in ss. 227.17 and
25227.18
, except as provided in sub. (2).
AB64,1732
1Section
1732. 227.16 (6) of the statutes is renumbered 227.136 (8) and
2amended to read:
AB64,776,93
227.136
(8) For the purpose of soliciting public comment, an agency may hold
4a hearing on the general subject matter of possible or anticipated rules before
5preparing a
statement of scope for a proposed rule
in draft form. A hearing held
6under this subsection does not
satisfy the requirement of sub. (1) with respect to the
7promulgation of a specific proposed rule relieve the agency from its obligation to
8comply with a directive under sub. (1) or the requirement to hold a hearing under s.
9227.16.
AB64,1733
10Section
1733. 227.17 (1) (intro.) of the statutes is amended to read:
AB64,776,1211
227.17
(1) (intro.) If a hearing is required
under s. 227.16, the agency shall
do
12all of the following:
AB64,1734
13Section 1734
. 227.17 (3) (eg) of the statutes is created to read:
AB64,776,1514
227.17
(3) (eg) Any independent economic impact analysis prepared under s.
15227.137 (4m).
AB64,1735
16Section
1735. 227.17 (3) (em) of the statutes is repealed.
AB64,1736
17Section 1736
. 227.185 of the statutes is renumbered 227.185 (1) and amended
18to read:
AB64,777,219
227.185
(1) After a proposed rule is in final draft form, the agency shall submit
20the proposed rule to the governor for approval. The governor, in his or her discretion,
21may approve or reject the proposed rule. If the governor approves a proposed rule,
22the governor shall provide the agency with a written notice of that approval. No
23proposed rule may be submitted to the legislature for review under s. 227.19 (2)
24unless the governor has approved the proposed rule in writing.
The agency shall
1notify the joint committee for review of administrative rules whenever it submits a
2proposed rule for approval under this subsection.
AB64,1737
3Section 1737
. 227.185 (2) of the statutes is created to read:
AB64,777,184
227.185
(2) (a) If an agency makes a germane modification to a proposed rule
5under s. 227.19 (4) (b) 3., 3m., or 4., the agency shall submit the modification to the
6governor for approval. The governor, in his or her discretion, may approve or reject
7the modification, but if the governor does not notify the agency within 10 working
8days after the date of the agency's submittal that the governor does not approve the
9modification or that the governor requires additional time to review the
10modification, the modification shall be considered approved and may be made as
11proposed by the agency. If the governor approves a modification prior to the
12expiration of the 10-day period or after notifying the agency that he or she will
13require additional time to review the modification, he or she shall provide the agency
14with a written notice of that approval. If the governor does not approve the
15modification, he or she shall provide the agency with a written notice of that
16nonapproval and the agency may not promulgate the proposed rule, except that the
17agency may resubmit the proposed rule to the legislature as provided in s. 227.19
18without the modification.
AB64,777,2019
(b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm)
20applies.
AB64,1738
21Section 1738
. 227.19 (2) of the statutes is amended to read:
AB64,778,1322
227.19
(2) Notification of legislature. An agency shall submit a notice to the
23chief clerk of each house of the legislature when a proposed rule is in final draft form.
24The notice shall be submitted in triplicate and shall be accompanied by a report in
25the form specified under sub. (3). A notice received under this subsection after the
1last day of the legislature's final general-business floorperiod in the biennial session
2as established in the joint resolution required under s. 13.02 (3) shall be considered
3received on the first day of the next regular session of the legislature, unless the
4presiding officers of both houses direct referral of the notice and report under this
5subsection before that day. The presiding officer of each house of the legislature
6shall, within 10 working days following the day on which the notice and report are
7received, direct the appropriate chief clerk to refer the notice and report to one
8standing committee. The agency shall submit to the legislative reference bureau for
9publication in the register, in an electronic format approved by the legislative
10reference bureau, a statement that a proposed rule has been submitted to the chief
11clerk of each house of the legislature. The agency shall also include in the statement
12the date of approval of the proposed rule by the governor under s. 227.185
(1). Each
13chief clerk shall enter a similar statement in the journal of his or her house.
AB64,1739
14Section 1739
. 227.19 (3) (intro.) of the statutes is amended to read:
AB64,778,2515
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
16in writing and shall include the proposed rule in the form specified in s. 227.14 (1);
17the material specified in s. 227.14 (2), (3), and (4); including any statement,
18suggested changes, or other material submitted to the agency by the small business
19regulatory review board; a copy of any economic impact analysis prepared by the
20agency under s. 227.137 (2); a copy of any revised economic impact analysis prepared
21by the agency under s. 227.137 (4); a copy of any
report prepared by the department
22of administration under s. 227.137 (6); independent economic impact analysis
23prepared under s. 227.137 (4m); a copy of any energy impact report received from the
24public service commission under s. 227.117 (2); and a copy of any recommendations
25of the legislative council staff. The report shall also include all of the following:
AB64,1740
1Section
1740. 227.19 (3) (c) of the statutes is amended to read:
AB64,779,32
227.19
(3) (c) A list of the persons who appeared or registered for or against the
3proposed rule at a public hearing
held under s. 227.136 or 227.16.
AB64,1741
4Section 1741
. 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:
AB64,779,115
227.19
(4) (b) 1. (intro.) Except as
otherwise provided
under subds. 1m. and 5. 6in this paragraph, the committee review period for each committee extends for 30
7days after referral of the proposed rule to the committee under sub. (2). If the
8chairperson or the cochairpersons of a committee take either of the following actions
9within the 30-day period, the committee review period for that committee is
10continued for 30 days from the date on which the first 30-day review period would
11have expired: