Amendment ASA1-AB410

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2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 ASSEMBLY BILL 410

November 28, 2007 - Offered by Committee on State Affairs.

AB410-ASA1,1,4 An Act to amend 227.19 (4) (b) 1. a., 227.19 (4) (b) 1. b., 227.19 (5) (b) 1. a., 227.19 (5) (b) 1. b. and 227.21 (2) (a) of the statutes; relating to: legislative committee review period of administrative rules and revisor consent regarding technical standards in rules.

Analysis by the Legislative Reference Bureau

Under current law, the attorney general and revisor of statutes must give consent before an agency may adopt technical standards in a proposed rule by reference to the publication where they appear, rather than placing the standards in the proposed rule. However, the statutes only give the attorney general directions as to when he or she shall give that consent. This substitute amendment removes the requirement that the revisor of statutes must consent to the adoption by reference of the standards.

Currently, a legislative committee, including the Joint Committee for Review of Administrative Rules, has 30 days after a rule is referred to the committee to review the proposed rule. If the committee chairperson requests that the agency proposing the rule meet with the committee or posts a notice that the committee will hold a meeting to review the rule, current law extends the committee review period for an additional 30 days. However, current law provides that the 30-day extension begins on the day that the committee chairperson requests the meeting or on the day that the notice is posted, not at the end of the first 30-day review period. This substitute amendment removes the requirement that the 30-day extension begins on the day that the committee chairperson requests the meeting or on the day that the meeting notice is posted.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB410-ASA1, s. 1 Section 1. 227.19 (4) (b) 1. a. of the statutes is amended to read:

AB410-ASA1,2,4 227.19 (4) (b) 1. a. Request in writing that the agency meet with the committee to review the proposed rule. The continuation of the review period begins on the date the request is sent to the agency.

AB410-ASA1, s. 2 Section 2. 227.19 (4) (b) 1. b. of the statutes is amended to read:

AB410-ASA1,2,9 227.19 (4) (b) 1. b. Publish or post notice that the committee will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency. The continuation of the review period begins on the date the notice is published or posted, whichever is earlier.

AB410-ASA1, s. 3 Section 3. 227.19 (5) (b) 1. a. of the statutes is amended to read:

AB410-ASA1,2,13 227.19 (5) (b) 1. a. Request in writing that the agency meet with the joint committee for review of administrative rules to review the proposed rule. The continuation of the review period begins on the date the request is sent to the agency.

AB410-ASA1, s. 4 Section 4. 227.19 (5) (b) 1. b. of the statutes is amended to read:

AB410-ASA1,2,18 227.19 (5) (b) 1. b. Publish or post notice that the joint committee for review of administrative rules will hold a meeting or hearing to review the proposed rule and immediately send a copy of the notice to the agency. The continuation of the review period begins on the date the notice is published or posted, whichever is earlier.

AB410-ASA1, s. 5 Section 5. 227.21 (2) (a) of the statutes is amended to read:

AB410-ASA1,3,6 227.21 (2) (a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the revisor and the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.

AB410-ASA1,3,7 (End)