Amendment ASA1-AB40

AB40-ASA1, s. 2731 Section 2731. 227.116 (1) of the statutes is renumbered 227.116 (1r) and amended to read:

AB40-ASA1,1139,5 227.116 (1r) Each proposed rule submitted to the legislative council under s. 227.15 that includes a requirement for a business to obtain a permit , as defined in s. 560.41 (2), shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.

AB40-ASA1, s. 2732 Section 2732. 227.116 (1g) of the statutes is created to read:

AB40-ASA1,1139,8 227.116 (1g) In this section, "permit" means any approval of an agency required as a condition of operating a business in this state.

AB40-ASA1, s. 2733 Section 2733. 227.116 (2) of the statutes is amended to read:

AB40-ASA1,1139,14 227.116 (2) If any existing rule does not comply with sub. (1) (1r), the agency that promulgated the rule shall submit to the legislative council a proposed revision of the rule that will bring the rule into compliance with sub. (1) (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.

AB40-ASA1, s. 2734 Section 2734. 227.116 (3) of the statutes is amended to read:

AB40-ASA1,1139,19 227.116 (3) Subsections (1) (1r) and (2) do not apply to a rule if the rule, or a law under which the rule was promulgated, effective prior to November 17, 1983, contains a specification of a time period for review and determination on a permit application.

AB40-ASA1, s. 2735 Section 2735. 227.116 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,1139,25 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the department of commerce safety and professional services within 5 business days of the last day of the time period specified, setting forth all of the following:

AB40-ASA1, s. 2736 Section 2736. 227.116 (5) of the statutes is amended to read:

AB40-ASA1,1140,5 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the department of commerce safety and professional services.

AB40-ASA1, s. 2738k Section 2738k. 227.137 (3) (f) of the statutes is created to read:

AB40-ASA1,1140,15 227.137 (3) (f) Except as provided in this paragraph, if the economic impact analysis relates to a proposed rule of the department of safety and professional services under s. 101.63 (1) establishing standards for the construction of a dwelling, as defined in s. 101.61 (1), an analysis of whether the proposed rule would increase the cost of constructing or remodeling such a dwelling by more than $1,000. This paragraph applies notwithstanding that the purpose of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate uniformity in construction standards. This paragraph does not apply to a proposed rule whose promulgation has been authorized under s. 227.19 (5) (fm).

AB40-ASA1, s. 2738m Section 2738m. 227.19 (3) (g) of the statutes is amended to read:

AB40-ASA1,1140,19 227.19 (3) (g) The report of the department of commerce administration, as required by s. 227.115, if a proposed rule directly or substantially affects the development, construction, cost, or availability of housing in this state.

AB40-ASA1, s. 2739c Section 2739c. 227.19 (4) (d) 7. of the statutes is created to read:

AB40-ASA1,1141,3 227.19 (4) (d) 7. In the case of a proposed rule of the department of safety and professional services under s. 101.63 (1) establishing standards for the construction of a dwelling, as defined in s. 101.61 (1), the proposed rule would increase the cost of constructing or remodeling such a dwelling by more than $1,000. This subdivision applies notwithstanding that the purpose of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate uniformity in construction standards. This subdivision does not apply to a proposed rule whose promulgation has been authorized under sub. (5) (fm).

AB40-ASA1, s. 2739d Section 2739d. 227.19 (5) (c) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB40-ASA1,1141,15 227.19 (5) (c) Agency not to promulgate rule during joint committee review. An agency may not promulgate a proposed rule or a part of a proposed rule until the joint committee for review of administrative rules nonconcurs in the 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), 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, or until a bill introduced under par. (e) fails to be enacted, or until a bill introduced under par. (em) is enacted. An agency may promulgate any part of a proposed rule to which no objection has been made.

AB40-ASA1, s. 2739e Section 2739e. 227.19 (5) (d) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB40-ASA1,1142,4 227.19 (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, or approve, or to waive its jurisdiction, during the applicable review period under par. (b). If Except as provided in par. (dm), if the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule, 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).

AB40-ASA1, s. 2739f Section 2739f. 227.19 (5) (dm) of the statutes is created to read:

AB40-ASA1,1142,14 227.19 (5) (dm) Rules increasing dwelling construction costs; joint committee action. If the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule for a reason specified in sub. (4) (d) 7., the department of safety and professional services may not promulgate the proposed rule or part of the proposed rule objected to until a bill introduced under par. (em) is enacted. This paragraph applies notwithstanding that the purpose of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate uniformity in construction standards. This paragraph does not apply to a proposed rule whose promulgation has been previously authorized under par. (fm).

AB40-ASA1, s. 2739g Section 2739g. 227.19 (5) (e) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB40-ASA1,1142,24 227.19 (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 under par. (d) 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.

AB40-ASA1, s. 2739h Section 2739h. 227.19 (5) (em) of the statutes is created to read:

AB40-ASA1,1143,8 227.19 (5) (em) Rules increasing dwelling construction costs; bill to authorize promulgation. If the joint committee for review of administrative rules objects to a proposed rule or a part of a proposed rule under par. (dm), any member of the legislature may introduce a bill to authorize promulgation of the proposed rule or part of the proposed rule. This paragraph applies notwithstanding that the purpose of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate uniformity in construction standards. This paragraph does not apply to a proposed rule whose promulgation has been previously authorized under par. (fm).

AB40-ASA1, s. 2739i Section 2739i. 227.19 (5) (fm) of the statutes is created to read:

AB40-ASA1,1143,15 227.19 (5) (fm) Rules increasing dwelling construction costs; timely introduction of bill; effect. If all bills introduced under par. (em) are defeated, or fail to be enacted in any other manner, the agency may not promulgate the proposed rule or part of the proposed rule that was objected to unless subsequent law specifically authorizes its promulgation. If any of those bills becomes law, the agency may promulgate the proposed rule or part of the proposed rule that was objected to.

AB40-ASA1, s. 2739j Section 2739j. 227.19 (5) (g) (title) of the statutes is created to read:

AB40-ASA1,1143,17 227.19 (5) (g) (title) Introduction of bills in next session; effect.

AB40-ASA1, s. 2739k Section 2739k. 227.19 (6) (title) of the statutes is amended to read:

AB40-ASA1,1143,19 227.19 (6) (title) Promulgation prevention or authorization procedure.

AB40-ASA1, s. 2739L Section 2739L. 227.19 (6) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1143,24 227.19 (6) (a) (intro.) The legislature may not consider a bill required by or permitted under sub. (5) (e) or (em) until the joint committee for review of administrative rules has submitted a written report on the bill. The report shall be printed as an appendix to each bill and shall contain:

AB40-ASA1, s. 2740 Section 2740. 227.59 of the statutes is amended to read:

AB40-ASA1,1144,17 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County except an action or appeal for the review of any order of the department of workforce development or the department of commerce safety and professional services or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.

AB40-ASA1, s. 2741 Section 2741. 229.46 (1) (ag) of the statutes is amended to read:

AB40-ASA1,1144,20 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2742 Section 2742. 229.46 (1) (b) of the statutes is amended to read:

AB40-ASA1,1144,23 229.46 (1) (b) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 2743 Section 2743. 229.70 (1) (ag) of the statutes is amended to read:

AB40-ASA1,1145,2 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2744 Section 2744. 229.70 (1) (am) of the statutes is amended to read:

AB40-ASA1,1145,5 229.70 (1) (am) "Minority business" has the meaning given in s. 560.036 16.287 (1) (e).

AB40-ASA1, s. 2745 Section 2745. 229.70 (1) (b) of the statutes is amended to read:

AB40-ASA1,1145,8 229.70 (1) (b) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 2746 Section 2746. 229.8273 (1) (am) of the statutes is amended to read:

AB40-ASA1,1145,12 229.8273 (1) (am) "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2747 Section 2747. 229.8273 (1) (b) of the statutes is amended to read:

AB40-ASA1,1145,15 229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 16.287 (1) (e).

AB40-ASA1, s. 2748 Section 2748. 229.8273 (1) (c) of the statutes is amended to read:

AB40-ASA1,1145,18 229.8273 (1) (c) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 2749 Section 2749. 229.845 (1) (ag) of the statutes is amended to read:

AB40-ASA1,1145,21 229.845 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2750 Section 2750. 229.845 (1) (am) of the statutes is amended to read:

AB40-ASA1,1145,24 229.845 (1) (am) "Minority business" has the meaning given in s. 560.036 16.287 (1) (e).

AB40-ASA1, s. 2751b Section 2751b. 230.01 (1) of the statutes is amended to read:

AB40-ASA1,1146,3 230.01 (1) It is the purpose of this chapter to provide state agencies and institutions of higher education with competent personnel who will furnish state services to citizens as fairly, efficiently and effectively as possible.

AB40-ASA1, s. 2751e Section 2751e. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40-ASA1,1146,15 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB40-ASA1, s. 2751g Section 2751g. 230.03 (6) of the statutes is amended to read:

AB40-ASA1,1146,19 230.03 (6) "Civil service" means all offices and positions of trust or employment in the service of the state, except offices and positions in the organized militia and the Board of Regents of the University of Wisconsin System.

AB40-ASA1, s. 2751i Section 2751i. 230.03 (6m) of the statutes is created to read:

AB40-ASA1,1146,21 230.03 (6m) "Classified service" means the classified service of the civil service.

AB40-ASA1, s. 2751k Section 2751k. 230.03 (10h) of the statutes is created to read:

AB40-ASA1,1146,23 230.03 (10h) "Employee" or "state employee" means an employee of an agency.

AB40-ASA1, s. 2751m Section 2751m. 230.03 (13) of the statutes is created to read:

AB40-ASA1,1147,2 230.03 (13) "Unclassified service" means the unclassified service of the civil service.

AB40-ASA1, s. 2751p Section 2751p. 230.08 (2) (cm) of the statutes is repealed.

AB40-ASA1, s. 2751q Section 2751q. 230.08 (2) (d) of the statutes is repealed.

AB40-ASA1, s. 2751s Section 2751s. 230.08 (2) (dm) of the statutes is repealed.

AB40-ASA1, s. 2753m Section 2753m. 230.08 (2) (e) 3. of the statutes is repealed.

AB40-ASA1, s. 2754 Section 2754. 230.08 (2) (e) 4. of the statutes is created to read:

AB40-ASA1,1147,8 230.08 (2) (e) 4. Employment relations commission — 1.

AB40-ASA1, s. 2755a Section 2755a. 230.08 (2) (e) 6. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,1147,11 230.08 (2) (e) 6. Workforce development — 9.

AB40-ASA1, s. 2756 Section 2756. 230.08 (2) (e) 10. of the statutes is repealed.

AB40-ASA1, s. 2757 Section 2757. 230.08 (2) (e) 11m. of the statutes is created to read:

AB40-ASA1,1147,14 230.08 (2) (e) 11m. Safety and professional services — 8.

AB40-ASA1, s. 2758 Section 2758. 230.08 (2) (g) of the statutes is amended to read:

AB40-ASA1,1147,19 230.08 (2) (g) One stenographer appointed by each elective executive officer, except the secretary of state and the state treasurer; and one deputy or assistant appointed by each elective executive officer, except the attorney general and superintendent of public instruction.

AB40-ASA1, s. 2758d Section 2758d. 230.08 (2) (k) of the statutes is repealed.

AB40-ASA1, s. 2758g Section 2758g. 230.08 (2) (p) of the statutes is amended to read:

AB40-ASA1,1147,23 230.08 (2) (p) All employees of the investment board , except blue collar and clerical employees.

AB40-ASA1, s. 2759 Section 2759. 230.08 (2) (pd) of the statutes is amended to read:

AB40-ASA1,1148,2 230.08 (2) (pd) The chairperson of the earned release review parole commission.

AB40-ASA1, s. 2760 Section 2760. 230.08 (2) (v) of the statutes is amended to read: