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-SA1,1,11 At the locations indicated, amend the substitute amendment as follows:
SB8-SSA1-SA1,1,2 21. Page 7, line 1: delete lines 1 to 7 and substitute:
SB8-SSA1-SA1,1,3 3" Section 1g. 13.92 (4) (a) of the statutes is amended to read:
SB8-SSA1-SA1,1,94 13.92 (4) (a) The legislative reference bureau shall prepare copy for publication
5in the Wisconsin administrative code. Whenever the legislative reference bureau
6receives notice under s. 227.40 (6) of the entry of a declaratory judgment determining
7the validity or invalidity of a rule, the legislative reference bureau shall insert an
8annotation of that determination in the Wisconsin administrative code under the
9rule that was the subject of the determination.
SB8-SSA1-SA1, s. 1m 10Section 1m. 35.93 (4) of the statutes is amended to read:
SB8-SSA1-SA1,2,811 35.93 (4) Each issue of the Wisconsin administrative register shall contain a
12notice section in which shall be printed the notices of hearings on rule making which

1agencies have transmitted to the legislative reference bureau for that purpose,
2statements of scope of proposed rules under s. 227.135, notices of submittal to the
3legislative council staff under s. 227.14 (4m), notices of intent to promulgate rules
4without a public hearing under s. 227.16 (2) (e), notices of referrals of proposed rules
5to presiding officers under s. 227.19 (2), notices of emergency rules in effect, fiscal
6estimates for rule-making orders under s. 227.14 (4), notices of declaratory
7judgments received under s. 227.40 (6),
and such other notices as may be required
8by law or determined by the legislative reference bureau to be appropriate.
SB8-SSA1-SA1, s. 1r 9Section 1r. 227.10 (2m) of the statutes is created to read:
SB8-SSA1-SA1,2,1510 227.10 (2m) No agency may implement or enforce any standard, requirement,
11or threshold, including as a term or condition of any license issued by the agency,
12unless that standard, requirement, or threshold is explicitly required or explicitly
13permitted by statute or by a rule that has been promulgated in accordance with this
14subchapter. The governor, by executive order, may prescribe guidelines to ensure
15that rules are promulgated in compliance with this subchapter.".
SB8-SSA1-SA1,2,16 162. Page 8, line 11: delete "expressly" and substitute "explicitly".
SB8-SSA1-SA1,2,17 173. Page 8, line 15: delete "expressly" and substitute "explicitly".
SB8-SSA1-SA1,2,18 184. Page 13, line 14: delete that line.
SB8-SSA1-SA1,2,19 195. Page 15, line 6: delete " (4) and" and substitute "(4),".
SB8-SSA1-SA1,2,21 206. Page 15, line 7: after " (2)" insert ", and any revised economic impact analysis
21required under s. 227.137 (4)
".
SB8-SSA1-SA1,2,23 227. Page 15, line 14: after "(2)" insert "and any revised economic impact analysis
23required under s. 227.137 (4)".
SB8-SSA1-SA1,3,2
18. Page 15, line 16: after "(2)" insert ", any revised economic impact analysis
2required under s. 227.137 (4),".
SB8-SSA1-SA1,3,4 39. Page 16, line 24: after " (2)" insert ", a copy of any revised economic impact
4analysis prepared by the agency under s. 227.137 (4)
".
SB8-SSA1-SA1,3,5 510. Page 21, line 12: after "and" insert "any".
SB8-SSA1-SA1,3,8 611. Page 23, line 16: after "(d)" insert ", until the expiration of the review
7period under par. (b) 1., if no committee has objected to the proposed rule or the part
8of the proposed rule
".
SB8-SSA1-SA1,3,10 912. Page 26, line 18: delete "Dane County" and substitute "Dane County the
10county where the dispute arose
".
SB8-SSA1-SA1,3,11 1113. Page 27, line 4: delete lines 4 to 9 and substitute:
SB8-SSA1-SA1,3,12 12" Section 62g. 227.40 (6) of the statutes is created to read:
SB8-SSA1-SA1,3,1813 227.40 (6) Upon entry of a final order in a declaratory judgment action under
14sub. (1), the court shall notify the legislative reference bureau of the court's
15determination as to the validity or invalidity of the rule, and the legislative reference
16bureau shall publish a notice of that determination in the Wisconsin administrative
17register under s. 35.93 (4) and insert an annotation of that determination in the
18Wisconsin administrative code under s. 13.92 (4) (a).
SB8-SSA1-SA1, s. 63g 19Section 63g. 801.50 (3) of the statutes is amended to read:
SB8-SSA1-SA1,3,2420 801.50 (3) All Except as provided in this subsection, all actions in which the
21sole defendant is the state, any state board or commission, or any state officer,
22employee, or agent in an official capacity shall be venued in Dane County unless
23another venue is specifically authorized by law. All actions relating to the validity
24or invalidity of a rule shall be venued as provided in s. 227.40 (1).
".
SB8-SSA1-SA1,4,3
114. Page 27, line 11: delete the material beginning with "section" and ending
2with "(1)" on line 12 and substitute "sections 13.92 (4) (a), 35.93 (4), and 227.40 (1)
3and (6)".
SB8-SSA1-SA1,4,4 415. Page 27, line 24: delete "(4), and (5)" and substitute "and (4)".
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