Amendment JR1 SA1-SSA1-SB8

LRBa0502/1

GMM:cjs:ph

January 2011 Special Session

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 8

February 8, 2011 - Offered by Committee on Economic Development and Veterans and Military Affairs.

SB8-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB8-SSA1-SA1,1,2 1. Page 7, line 1: delete lines 1 to 7 and substitute:

SB8-SSA1-SA1,1,3 " Section 1g. 13.92 (4) (a) of the statutes is amended to read:

SB8-SSA1-SA1,1,9 13.92 (4) (a) The legislative reference bureau shall prepare copy for publication in the Wisconsin administrative code. Whenever the legislative reference bureau receives notice under s. 227.40 (6) of the entry of a declaratory judgment determining the validity or invalidity of a rule, the legislative reference bureau shall insert an annotation of that determination in the Wisconsin administrative code under the rule that was the subject of the determination.

SB8-SSA1-SA1, s. 1m Section 1m. 35.93 (4) of the statutes is amended to read:

SB8-SSA1-SA1,2,8 35.93 (4) Each issue of the Wisconsin administrative register shall contain a notice section in which shall be printed the notices of hearings on rule making which agencies have transmitted to the legislative reference bureau for that purpose, statements of scope of proposed rules under s. 227.135, notices of submittal to the legislative council staff under s. 227.14 (4m), notices of intent to promulgate rules without a public hearing under s. 227.16 (2) (e), notices of referrals of proposed rules to presiding officers under s. 227.19 (2), notices of emergency rules in effect, fiscal estimates for rule-making orders under s. 227.14 (4), notices of declaratory judgments received under s. 227.40 (6), and such other notices as may be required by law or determined by the legislative reference bureau to be appropriate.

SB8-SSA1-SA1, s. 1r Section 1r. 227.10 (2m) of the statutes is created to read:

SB8-SSA1-SA1,2,15 227.10 (2m) No agency may implement or enforce any standard, requirement, or threshold, including as a term or condition of any license issued by the agency, unless that standard, requirement, or threshold is explicitly required or explicitly permitted by statute or by a rule that has been promulgated in accordance with this subchapter. The governor, by executive order, may prescribe guidelines to ensure that rules are promulgated in compliance with this subchapter.".

SB8-SSA1-SA1,2,16 2. Page 8, line 11: delete "expressly" and substitute "explicitly".

SB8-SSA1-SA1,2,17 3. Page 8, line 15: delete "expressly" and substitute "explicitly".

SB8-SSA1-SA1,2,18 4. Page 13, line 14: delete that line.

SB8-SSA1-SA1,2,19 5. Page 15, line 6: delete " (4) and" and substitute "(4),".

SB8-SSA1-SA1,2,21 6. Page 15, line 7: after " (2)" insert ", and any revised economic impact analysis required under s. 227.137 (4)".

SB8-SSA1-SA1,2,23 7. Page 15, line 14: after "(2)" insert "and any revised economic impact analysis required under s. 227.137 (4)".

SB8-SSA1-SA1,3,2 8. Page 15, line 16: after "(2)" insert ", any revised economic impact analysis required under s. 227.137 (4),".

SB8-SSA1-SA1,3,4 9. Page 16, line 24: after " (2)" insert ", a copy of any revised economic impact analysis prepared by the agency under s. 227.137 (4)".

SB8-SSA1-SA1,3,5 10. Page 21, line 12: after "and" insert "any".

SB8-SSA1-SA1,3,8 11. Page 23, line 16: after "(d)" insert ", until the expiration of the review period under par. (b) 1., if no committee has objected to the proposed rule or the part of the proposed rule".

SB8-SSA1-SA1,3,10 12. Page 26, line 18: delete "Dane County" and substitute "Dane County the county where the dispute arose".

SB8-SSA1-SA1,3,11 13. Page 27, line 4: delete lines 4 to 9 and substitute:

SB8-SSA1-SA1,3,12 " Section 62g. 227.40 (6) of the statutes is created to read:

SB8-SSA1-SA1,3,18 227.40 (6) Upon entry of a final order in a declaratory judgment action under sub. (1), the court shall notify the legislative reference bureau of the court's determination as to the validity or invalidity of the rule, and the legislative reference bureau shall publish a notice of that determination in the Wisconsin administrative register under s. 35.93 (4) and insert an annotation of that determination in the Wisconsin administrative code under s. 13.92 (4) (a).

SB8-SSA1-SA1, s. 63g Section 63g. 801.50 (3) of the statutes is amended to read:

SB8-SSA1-SA1,3,24 801.50 (3) All Except as provided in this subsection, 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 unless another venue is specifically authorized by law. All actions relating to the validity or invalidity of a rule shall be venued as provided in s. 227.40 (1).".

SB8-SSA1-SA1,4,3 14. Page 27, line 11: delete the material beginning with "section" and ending with "(1)" on line 12 and substitute "sections 13.92 (4) (a), 35.93 (4), and 227.40 (1) and (6)".

SB8-SSA1-SA1,4,4 15. Page 27, line 24: delete "(4), and (5)" and substitute "and (4)".

SB8-SSA1-SA1,4,5 (End)