227.24 (2) (am) Any request by an agency to extend the effective period of the emergency rule or part of the emergency rule must shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the initial expiration date of the emergency rule. At the time that the agency submits the written request to the joint committee for review of administrative rules, the agency shall submit a copy of the written request to the presiding officer of each house of the legislature and to the appropriate committees of each house of the legislature, as determined by the presiding officer of each house of the legislature. The presiding officer of each house of the legislature shall enter a statement in the journal of his or her house that the agency has submitted a request to extend the effective period of the emergency rule or part of the emergency rule. This paragraph shall not apply to any subsequent request by the agency to extend the same emergency rule or part of the emergency rule.
Note: Current law provides that an agency may request the extension of the effective period of an emergency rule. When it does so, the agency must submit a copy of its written request for the extension to the presiding officer of each house of the legislature and to the appropriate committees of each house of the legislature. Similarly, when the joint committee for review of administrative rules extends the effective period of an emergency rule, it must file a statement about the action with various offices, including the presiding officer of each house of the legislature, the appropriate committees of each house of the legislature, and the secretary of state. The submission of these requests and statements will be noted in the journals of the legislature. Sections
38 and 39 eliminate notice to the presiding officers, the standing committees, and the secretary of state and, consequently eliminate the need to record these actions in the journals of the legislature.
249,39
Section
39
. 227.24 (2) (c) of the statutes is amended to read:
227.24 (2) (c) Whenever the committee extends an emergency rule or part of an emergency rule under par. (a), it shall file a statement of its action with the agency promulgating the emergency rule, the presiding officer of each house of the legislature, the appropriate committees of each house of the legislature, as determined by the presiding officer of each house of the legislature, the secretary of state and the revisor of statutes. The statement shall identify the specific emergency rule or part of an emergency rule to which it relates. The presiding officer of each house of the legislature shall enter a statement in the journal of his or her house that the emergency rule or part of the emergency rule has been extended.
Note: See the Note to Section
38.
249,41
Section
41. 227.25 (3) of the statutes is amended to read:
227.25 (3) An agency may request an advance commitment as to the title or numbering of a proposed rule by submitting a copy of the proposed rule indicating the requested title and numbering to the revisor prior to filing. As soon as possible after that, the revisor shall either approve the request or inform the agency of any change necessary to preserve uniformity in the code. If the title or numbering of a rule is revised, the revisor shall verify that a certified copy of the revised version has been filed with the secretary of state.
Note: Current law provides that if the numbering of a rule is revised, the revisor must verify that a certified copy of the revised version has been filed with the secretary of state. This Section eliminates this requirement, since, in accordance with the amendments in Section 35
, certified copies of rules no longer will be deposited with the secretary of state.
249,42
Section
42. 227.26 (2) (f) of the statutes is amended to read:
227.26 (2) (f) Introduction of bills. If any rule is suspended, the committee shall, within 30 days after the suspension, introduce in each house of the legislature, for consideration at any regular session, a bill to repeal the suspended rule meet and take executive action regarding the introduction, in each house of the legislature, of a bill to support the suspension. The committee shall introduce the bills within 5 working days after taking executive action in favor of introduction of the bills unless the bills cannot be introduced during this time period under the joint rules of the legislature.
Note: Current law provides that when the joint committee for review of administrative rules suspends an existing rule, it must, within 30 days of the date of the suspension, introduce in each house of the legislature a bill to support the suspension. This Section provides that the joint committee, following a suspension, must, within 30 days of the date of the suspension, meet and take executive action regarding the introduction of a bill to support the suspension. The joint committee must introduce the bills within 5 working days after taking executive action in favor of introduction of the bills.
249,43
Section
43. 227.26 (2) (h) of the statutes is amended to read:
227.26 (2) (h) Legislative procedure. Upon the introduction of bills by the committee under this subsection, the presiding officer of each house of the legislature shall refer the bill introduced in that house to the appropriate committee, to the calendar scheduling committee or directly to the calendar. If the committee to which a bill is referred makes no report within 30 days after referral, the bill shall be considered reported without recommendation. No later than 40 days after referral, or as soon thereafter as is possible if the legislature is not in a floorperiod 40 days after referral, the bills shall be placed on the calendar of each house of the legislature according to its rule governing the placement of proposals on the calendar. A bill introduced under this subsection which is received in the 2nd house shall be referred, reported and placed on the calendar in the same manner as an original bill introduced under this subsection.
Note: Current law provides that when suspension-sustaining legislation is introduced, a bill must be placed on the calendar of each house of the legislature no later than 40 days after referral. This Section provides that the bills must be placed on the calendars no later than 40 days after referral or as soon thereafter if the legislature is not in a floorperiod 40 days after referral. This change will accommodate periods of recess in the legislative schedule.
249,44
Section
44. 227.26 (2) (j) of the statutes is amended to read:
227.26 (2) (j) Late introduction of bills; effect. If the bills required under par. (f) are introduced on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, as provided under s. 13.02 (2), or if the bills cannot be introduced during this time period under the joint rules of the legislature, unless either house adversely disposes of either bill, the committee shall reintroduce introduce the bills on the first day of the next regular session of the legislature. If the committee is required to reintroduce introduce the bills on the first day of the next regular session, the rule to which the bills pertain remains suspended except as provided in par. (i). If either house adversely disposes of either bill, the rule remains in effect and the committee may not suspend it again. In this paragraph, "adversely disposes of" has the meaning given under s. 227.19 (5) (g).
Note: Current law provides that if the joint committee for review of administrative rules introduces suspension-sustaining legislation on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, the joint committee must introduce the bills on the next day of the regular session, unless either house adversely disposes of either bill in the current session. This Section clarifies that the introduction requirement also applies if the bills cannot be introduced by the joint committee on or after February 1 of an even-numbered year under the joint rules of the legislature.
249,45
Section
45. 227.26 (2) (L) of the statutes is created to read:
227.26 (2) (L) Emergency rules. If the committee suspends an emergency rule under this section, the agency may not submit to the legislature under s. 227.19 (2) the substance of the emergency rule as a proposed permanent rule during the time the emergency rule is suspended.
Note: Current law permits the joint committee for review of administrative rules to suspend a rule, including an emergency rule. This Section codifies current practice by stating that if the committee suspends an emergency rule, the agency may not promulgate the substance of the emergency rule as a proposed permanent rule during the time the emergency rule is suspended.
249,46
Section
46. 227.27 (2) of the statutes is amended to read:
227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the revisor and
or the secretary of state, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.
Note: This Section amends a reference to a rule filed with the revisor and the secretary of state by instead referring to a rule filed with the revisor or the secretary of state. The change is necessitated by the amendments in Section
35 that provide that certified copies of rules no longer will be deposited with the secretary of state.
249,47
Section
47. 227.30 (1) of the statutes is amended to read:
227.30 (1) The small business regulatory review board may review the rules and guidelines of any state agency to determine whether any of those rules or guidelines place an unnecessary burden on the ability of small businesses, as defined in s. 227.114 (1), to conduct their affairs. If the board determines that a rule or guideline places an unnecessary burden on the ability of a small business to conduct its affairs, the board shall submit a report and recommendations regarding the rule or guideline to the joint committee for review of administrative rules and to the agency.
Note: Current law provides that the small business regulatory review board may review rules and guidelines of an agency to determine whether an unnecessary burden is placed on the ability of small businesses to conduct their affairs. If a burden is found, the board must submit a report and recommendations to the joint committee for review of administrative rules. This Section provides that the report also must be submitted to the agency whose rules and guidelines have been reviewed.
249,48
Section
48. 227.30 (3) of the statutes is amended to read:
227.30 (3) The joint committee for review of administrative rules may refer the report regarding the rule or guideline to the presiding officer of each house of the legislature for referral to a committee under s. 227.19 (2) or may review the rule or guideline as provided under s. 227.19 (5) 227.26.
Note: This Section corrects a cross-reference.
249,49
Section
49. 227.40 (2) (f) of the statutes is amended to read:
227.40 (2) (f) Proceedings under s. 227.114 (6m) or 227.14 (2g).
Note: Current law specifies the types of judicial proceedings in which the validity of a rule may be determined. One of the types of proceedings listed, review of proposed rules by the small business regulatory review board, is not a judicial proceeding and the reference to that review is therefore deleted by this Section.
249,50
Section
50. 601.41 (3) (b) of the statutes is amended to read:
601.41 (3) (b) The commissioner may, without the consent of the revisor or the attorney general as required under s. 227.21 (2), adopt standards of the National Association of Insurance Commissioners by incorporating by reference in rules promulgated by the commissioner any materials published, adopted, or approved by the National Association of Insurance Commissioners, without reproducing the standards in full. The standards referred to in this paragraph do not include any model act or model regulation proposed or adopted by the National Association of Insurance Commissioners. Any materials of the National Association of Insurance Commissioners that are incorporated by reference in rules promulgated by the commissioner shall be obtainable from, and are only required to be kept on file at, the office, which shall be stated in any rule containing such an incorporation by reference. Nothing in this paragraph prohibits the commissioner from adopting standards of the National Association of Insurance Commissioners through incorporation by reference in rules in the manner provided under s. 227.21 (2).
Note: See the Note to Section 36.
249,51
Section
51.
Effective date. This act takes effect on the first January 1 or July 1 occurring after publication of this act whichever occurs first.
