Amendment JR1 ASA1-AB8

AB8-ASA1,24,2 227.19 (5) (c) Agency not to promulgate rule during joint committee review. An agency may not promulgate a proposed rule to which a committee has objected unless or a part of a proposed rule until the joint committee for review of administrative rules, under par. (d), nonconcurs in the action objection of the committee, concurs in the approval of the committee, otherwise approves the proposed rule or part of the proposed rule, or waives its jurisdiction over the proposed rule or part of the proposed rule under par. (d), or until a bill introduced under par. (e) fails to be enacted. An agency may promulgate any part of a proposed rule to which no objection has been made.

AB8-ASA1, s. 53 Section 53. 227.19 (5) (d) of the statutes is amended to read:

AB8-ASA1,24,22 227.19 (5) (d) Joint committee action. The joint committee for review of administrative rules may nonconcur in a committee's objection to a proposed rule or a part of a proposed rule, concur in a committee's approval of a proposed rule or a part of a proposed rule, otherwise approve a proposed rule or a part of a proposed rule, or waive its jurisdiction over a proposed rule or a part of a proposed rule by voting to nonconcur, concur, approve, or waive during the applicable review period under par. (b). If the joint committee for review of administrative rules objects to a proposed rule, or a part of a proposed rule, that committee shall report the proposed rule or part of the proposed rule and objection to the governor within 5 working days after making the objection. Within 30 days after the proposed rule or part of the proposed rule and objection are reported to the governor, the governor shall review the proposed rule or part of the proposed rule and objection and may either sustain, nonconcur in, or not act on the objection. If the governor sustains or does not act on the objection, an agency may not promulgate the proposed rule or part of the proposed rule objected to. If the governor nonconcurs in the objection, an agency may not promulgate the proposed rule or part of the proposed rule objected to until a bill introduced under par. (e) fails to be enacted. The joint committee for review of administrative rules may object to a proposed rule or a part of a proposed rule only for one or more of the reasons specified under sub. (4) (d).

AB8-ASA1, s. 54 Section 54. 227.19 (5) (e) of the statutes is amended to read:

AB8-ASA1,25,5 227.19 (5) (e) Bills to prevent promulgation. When the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule it shall, within 30 days of the date of the objection, meet and take executive action regarding the introduction, in each house of the legislature, of a bill to support the objection. The joint 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.

AB8-ASA1, s. 55 Section 55. 227.19 (5) (f) of the statutes is amended to read:

AB8-ASA1,25,14 227.19 (5) (f) Timely introduction of bills; effect. If both bills required under par. (e) are defeated, or fail to be enacted in any other manner, the agency may promulgate the proposed rule or part of the proposed rule that was objected to. If either bill becomes law, the agency may not promulgate the proposed rule or part of the proposed rule that was objected to unless a subsequent law specifically authorizes its promulgation. This paragraph applies to bills introduced on or after the day specified under s. 13.02 (1) for the legislature to convene and before February 1 of an even-numbered year.

AB8-ASA1, s. 56 Section 56. 227.19 (5) (g) (intro.) of the statutes is amended to read:

AB8-ASA1,26,2 227.19 (5) (g) (intro.) If the bills required under par. (e) 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, the joint committee for review of administrative rules shall introduce the bills on the first day of the next regular session of the legislature, unless either house adversely disposes of either bill. If the joint committee for review of administrative rules is required to introduce the bills, the agency may not promulgate the proposed rule or part of the proposed rule to which the bills pertain except as provided in par. (f). If either house adversely disposes of either bill, the agency may promulgate the proposed rule or part of the proposed rule that was objected to. In this paragraph, "adversely disposes of" means that one house has voted in one of the following ways:

AB8-ASA1, s. 57 Section 57. 227.19 (6) (a) 1. of the statutes is amended to read:

AB8-ASA1,26,5 227.19 (6) (a) 1. An explanation of the issue involving the proposed rule or part of the proposed rule objected to and the factual situation out of which the issue arose.

AB8-ASA1, s. 58 Section 58. 227.19 (6) (a) 4. of the statutes is amended to read:

AB8-ASA1,26,9 227.19 (6) (a) 4. A statement and analysis of the grounds upon which the joint committee for review of administrative rules relies for objecting to the proposed rule or part of the proposed rule.

AB8-ASA1, s. 59 Section 59. 227.24 (1) (e) 1. of the statutes is renumbered 227.24 (1) (e) 1m.

AB8-ASA1, s. 60 Section 60. 227.24 (1) (e) 1d. of the statutes is created to read:

AB8-ASA1,26,19 227.24 (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-ASA1, s. 61 Section 61. 227.24 (1) (e) 1g. of the statutes is created to read:

AB8-ASA1,27,2 227.24 (1) (e) 1g. Submit the proposed emergency rule in final draft form to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed emergency rule. If the governor approves a proposed emergency rule, the governor shall provide the agency with a written notice of that approval. An agency may not file an emergency rule for publication until the governor approves the emergency rule in writing.

AB8-ASA1, s. 62 Section 62. 227.40 (1) of the statutes is amended to read:

AB8-ASA1,27,19 227.40 (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-ASA1, s. 63 Section 63. 801.50 (3) of the statutes is amended to read:

AB8-ASA1,27,25 801.50 (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-ASA1, s. 9309 Section 9309. Initial applicability; Circuit Courts.

AB8-ASA1,28,4 (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-ASA1,28,7 (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-ASA1, s. 9355 Section 9355. Initial applicability; Other.

AB8-ASA1,28,13 (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-ASA1,28,21 (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), and 227.19 (3) (intro.) 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-ASA1,28,25 (3) Gubernatorial approval of 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-ASA1,29,6 (4) Legislative and gubernatorial approval of rules. The treatment of section 227.19 (2), (4) (b) 1. (intro.), 1m., 2., 2m., 3., 3m., 5., and 6., (c), (d) (intro.), and (e), (5) (a), (b) 1. (intro.), 1m., 2., 3., and 4., (c), (d), (e), (f), and (g) (intro.), and (6) (a) 1. and 4. of the statutes first applies to a proposed rule submitted to the legislature under section 227.19 (2), as affected by this act, on the effective date of this subsection.

AB8-ASA1,29,7 (End)