LRBa0496/1
GMM:jld:md
January 2011 Special Session
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 3,
TO ASSEMBLY BILL 8
February 10, 2011 - Offered by Senators Holperin, Miller, Hansen, Erpenbach,
Wirch, Lassa
and Carpenter.
AB8-SA3,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB8-SA3,1,4 31. Page 9, line 7: delete "An" and substitute "Except as provided in sub. (2m),
4an
".
AB8-SA3,1,9 52. Page 9, line 14: after " statement" insert ", except that, if the governor does
6not disapprove the statement by the last day of the legislature's final
7general-business floorperiod as established in the joint rules required under s. 13.02
8(3), the statement is considered to be approved and the agency may send the
9statement to the legislative reference bureau for publication under sub. (3)
".
AB8-SA3,1,10 103. Page 9, line 22: after " rule" insert "to which this subsection applies".
AB8-SA3,1,11 114. Page 9, line 25: after that line insert:
AB8-SA3,1,12 12" Section 4g. 227.135 (2m) of the statutes is created to read:
AB8-SA3,2,10
1227.135 (2m) If the proposed rule interprets the provisions of a statute that
2expressly directs the agency to promulgate rules to implement the statute, the
3agency shall present the statement to the individual or body with policy-making
4powers over the subject matter of the proposed rule for approval. The individual or
5body with policy-making powers may not approve the statement until at least 10
6days after publication of the statement under sub. (3). No state employee or official
7may perform any activity in connection with the drafting of a proposed rule to which
8this subsection applies except for an activity necessary to prepare the statement of
9the scope of the proposed rule until the individual or body with policy-making
10powers approves the statement.".
AB8-SA3,2,15 115. Page 10, line 4: after "register." insert "If a statement of the scope of a
12proposed rule is presented to the individual or body with policy-making powers over
13the subject matter of the proposed rule under sub. (2m), the agency presenting the
14statement shall send the statement to the legislative reference bureau for
15publication in the register.
".
AB8-SA3,2,16 166. Page 10, line 9: after "(2)" insert "or (2m)".
AB8-SA3,2,17 177. Page 10, line 15: after "(2)" insert "or under subs. (1) and (2m)".
AB8-SA3,2,19 188. Page 16, line 1: delete "After" and substitute "Except as provided in this
19section, after".
AB8-SA3,3,2 209. Page 16, line 8: after "writing" insert ", except that, if the governor does not
21reject the proposed rule by the last day of the legislature's final general-business
22floorperiod as established in the joint rules required under s. 13.02 (3), the proposed
23rule is considered to be approved and the agency may submit the proposed rule to the
24legislature for review under s. 227.19 (2). This section does not apply to a proposed

1rule interpreting the provisions of a statute that expressly directs the agency to
2promulgate rules to implement the statute.".
AB8-SA3,3,4 310. Page 26, line 21: delete "Submit" and substitute "Except as provided in
4this subdivision, submit".
AB8-SA3,3,11 511. Page 27, line 2: after "writing" insert ", except that, if the governor does
6not reject the proposed emergency rule by the last day of the legislature's final
7general-business floorperiod as established in the joint rules required under s. 13.02
8(3), the proposed emergency rule is considered to be approved and the agency may
9file the emergency rule for publication. This subdivision does not apply to a proposed
10emergency rule interpreting the provisions of a statute that expressly directs the
11agency to promulgate rules to implement the statute".
AB8-SA3,3,12 1212. Page 28, line 22: delete "Gubernatorial" and substitute "Administrative".
AB8-SA3,3,13 1313. Page 28, line 23: after "(2)," insert "(2m),".
AB8-SA3,3,1414 (End)
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