Amendment AA5-ASA1-AB42

LRBa0446/1

MED:klm&wlj

2017 - 2018 LEGISLATURE

ASSEMBLY AMENDMENT 5, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 42

May 2, 2017 - Offered by Representatives Hesselbein, Zamarripa, Sinicki, Ohnstad and Doyle.

AB42-ASA1-AA5,1,1 At the locations indicated, amend the substitute amendment as follows:

AB42-ASA1-AA5,1,3 1. Page 10, line 6: delete “A determination" and substitute “Unless subd. 3. applies, a determination".

AB42-ASA1-AA5,1,4 2. Page 10, line 6: after “227.139" insert “(1)".

AB42-ASA1-AA5,1,5 3. Page 10, line 10: after that line insert:

AB42-ASA1-AA5,1,11 “3. A determination, for purposes of the requirement under s. 227.139 (1m), as to whether $20,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule. This subdivision applies only with respect to a proposed rule of the department of natural resources.”.

AB42-ASA1-AA5,2,1 4. Page 12, line 14: delete “If" and substitute “Unless sub. (1m) applies, if".

AB42-ASA1-AA5,2,2 5. Page 12, line 23: after that line insert:

AB42-ASA1-AA5,2,13 “(1m) If an economic impact analysis prepared under s. 227.137 (2), a revised economic impact analysis prepared under s. 227.137 (4), or an independent economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. for a proposed rule indicates that $20,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule, the agency proposing the rule shall stop work on the proposed rule and may not continue promulgating the proposed rule notwithstanding any provision authorizing or requiring the agency to promulgate the proposed rule, except as authorized under sub. (2). This subsection applies only with respect to a proposed rule of the department of natural resources.”.

AB42-ASA1-AA5,2,14 6. Page 13, line 15: after that line insert:

AB42-ASA1-AA5,2,19 “(2m) (a) Any member of the legislature may introduce a bill authorizing the department of natural resources to promulgate a rule that the department is prohibited from promulgating under sub. (1m). The department may resume the rule-making process as provided in this subchapter upon enactment of a bill introduced under this paragraph.

AB42-ASA1-AA5,3,8 (b) If the department of natural resources is prohibited from promulgating a rule under sub. (1m), the the department may modify the proposed rule, if the modification is germane to the subject matter of the proposed rule, to address the implementation and compliance costs of the proposed rule. If the department modifies a proposed rule under this paragraph, the department shall prepare a revised economic impact analysis under s. 227.137 (4). Following the modification, the department may continue with the rule-making process as provided in this subchapter if the revised economic impact analysis prepared by the department indicates, and any independent economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. subsequent to the department's modification also indicates, that $20,000,000 or more in implementation and compliance costs are not reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule.”.

AB42-ASA1-AA5,3,9 (End)