AB655: Bill Text

AB655,63,11 106.01 (9) The Subject to s. 106.04, the department may investigate, fix reasonable classifications, issue promulgate rules and, issue general or special orders, and, hold hearings, make findings, and render orders upon its findings as shall be necessary to carry out the intent and purposes of this section. The investigations, classifications, hearings, findings, and orders shall be made as provided in s. 103.005. Except as provided in sub. (8), the penalties specified in s. 103.005 (12) apply to violations of this section. Orders issued under this subsection are subject to review under ch. 227.

AB655, s. 159 Section 159. 106.025 (4) of the statutes is amended to read:

AB655,63,21 106.025 (4) In order that the apprentice may qualify at the end of apprenticeship as a skilled mechanic in the art of installing plumbing work, the department, subject to s. 106.04, may prescribe the level of supervision of an apprentice and the character of plumbing work that the apprentice may do during the 3rd year of the apprenticeship term. An apprentice in the 4th or 5th year of the apprenticeship term may install plumbing under the direction or supervision of a master or journeyman plumber without either the master or journeyman being physically present, provided that the master plumber in charge shall be responsible for the work.

AB655, s. 160 Section 160. 106.04 of the statutes is created to read:

AB655,64,2 106.04 Apprentice-to-journeyman job-site ratio regulation prohibited. The department may not prescribe, whether by promulgating a rule, issuing a general or special order, or otherwise, the ratio of apprentices to journeymen that an employer may have at a job site.

AB655, s. 161 Section 161. 146.82 (2) (a) (intro.) of the statutes is amended to read:

AB655,64,6 146.82 (2) (a) (intro.) Notwithstanding It is not a violation of sub. (1), to release patient health care records shall be released upon request without informed consent in the following circumstances:

AB655, s. 162 Section 162. 146.82 (2) (a) 22. of the statutes is created to read:

AB655,64,9 146.82 (2) (a) 22. For purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

AB655, s. 163 Section 163. 196.195 (5m) of the statutes is created to read:

AB655,64,17 196.195 (5m) Time limitation on commission action. (a) No later than 120 days after the filing of a petition under sub. (2) (a), the commission shall complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the petition is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the petition are considered to be suspended by the commission.

AB655,64,24 (b) No later than 120 days after the commission provides notice of its own motion under sub. (2) (a), the commission shall complete the proceedings under subs. (2), (3), and (4), and, if appropriate, enter an order under sub. (5). If the commission fails to complete the proceedings and, if appropriate, enter an order before that deadline, the motion is considered to be granted without condition by the commission and any provisions of law under sub. (5) that are specified in the motion are considered to be suspended by the commission.

AB655, s. 164 Section 164. 196.195 (10) of the statutes is amended to read:

AB655,65,4 196.195 (10) Revocation of deregulation. If necessary to protect the public interest, the commission, at any time by order, may revoke its order to suspend the applicability of any provision of law suspended under sub. (5). This subsection does not apply to any provision of law that is considered to be suspended under sub. (5m).

AB655, s. 165 Section 165. 196.24 (3) of the statutes is amended to read:

AB655,65,16 196.24 (3) The commission may conduct any number of investigations contemporaneously through different agents, and may delegate to any agent the authority to take testimony bearing upon any investigation or at any hearing. The decision of the commission shall comply with s. 227.46 and shall be based upon its records and upon the evidence before it, except that, notwithstanding s. 227.46 (4), a decision maker may hear a case or read or review the record of a case if the record includes a synopsis or summary of the testimony and other evidence presented at the hearing that is prepared by the commission staff. Parties shall have an opportunity to demonstrate to a decision maker that a synopsis or summary prepared under this subsection is not sufficiently complete or accurate to fairly reflect the relevant and material testimony or other evidence presented at a hearing.

AB655, s. 166 Section 166. 196.374 (3) of the statutes is amended to read:

AB655,66,6 196.374 (3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In Except as provided in sub. (3m), in each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection or retained under sub. (3m). The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

AB655, s. 167 Section 167. 196.374 (3m) of the statutes is created to read:

AB655,66,18 196.374 (3m) (a) In each fiscal year, the commission may allow a utility to retain a portion of the amount determined under sub. (2) instead of contributing the entire amount to the commission, if the commission determines that the portion is used by the utility for energy conservation programs for industrial, commercial, and agricultural customers in the utility's service area and that the programs comply with rules promulgated by the commission. The rules shall specify annual energy savings targets that the programs must be designed to achieve. The rules shall also require a utility to demonstrate that, no later than a reasonable period of time, as determined by the commission, after the utility implements a program, the economic value of the benefits resulting from the program will be equal to the portion that the utility is allowed to retain under this paragraph.

AB655,66,23 (b) If the commission allows a utility to retain a portion under par. (a), the utility must contribute 1.75% of the portion to the commission for deposit in the fund for programs for research and development for energy conservation and efficiency and must contribute 4.5% of the portion to the commission for deposit in the fund for renewable resource programs.

AB655,67,3 (c) A utility may not pay for any expenses related to administration, marketing, or delivery of services for programs specified in par. (a) from any portion of a contribution the utility is allowed to retain under par. (a).

AB655, s. 168 Section 168. 196.491 (1) (d) of the statutes is amended to read:

AB655,67,9 196.491 (1) (d) "Electric utility" means any public utility, as defined in s. 196.01, which is involved in the generation, distribution and sale of electric energy, and any corporation, company, individual or association, and any cooperative association, which owns or operates, or plans within the next 3 7 years to construct, own or operate, facilities in the state.

AB655, s. 169 Section 169. 196.491 (2) (a) 3. of the statutes is amended to read:

AB655,67,12 196.491 (2) (a) 3. Identify and describe large electric generating facilities on which an electric utility plans to commence construction within 3 7 years.

AB655, s. 170 Section 170. 196.491 (2) (a) 3m. of the statutes is amended to read:

AB655,67,15 196.491 (2) (a) 3m. Identify and describe high-voltage transmission lines on which an electric utility plans to commence construction within 3 7 years.

AB655, s. 171 Section 171. 196.491 (2) (g) of the statutes is amended to read:

AB655,68,7 196.491 (2) (g) No sooner than 30 and no later than 90 days after copies of the draft are issued under par. (b), the commission shall hold a hearing on the draft which may not be a hearing under s. 227.42 or 227.44. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities on which an electric utility plans to commence construction within 3 7 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the strategic energy assessment and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the strategic energy assessment. A record of the hearing shall be made and considered by the commission as comments on the strategic energy assessment under par. (e).

AB655, s. 172 Section 172. 221.0901 (3) (a) 1. of the statutes is amended to read:

AB655,68,10 221.0901 (3) (a) 1. Merge or consolidate with an in-state bank holding company or in-state bank.

AB655, s. 173 Section 173. 221.0901 (8) (a) and (b) of the statutes are amended to read:

AB655,68,17 221.0901 (8) (a) Except as provided in pars. (b) and (c), the division may not approve an application by an out-of-state bank holding company under sub. (3) (a), other than an application by an in-state bank holding company or in-state bank, unless the in-state bank to be acquired, or all in-state bank subsidiaries of the in-state bank holding company to be acquired, have as of the proposed date of acquisition been in existence and in continuous operation for at least 5 years.

AB655,68,25 (b) The Except as otherwise provided in this paragraph, the division may approve an application under sub. (3) (a) for an acquisition of an in-state bank holding company that owns one or more in-state banks that have been in existence for less than 5 years, if the out-of-state bank holding company applicant divests itself of those in-state banks within 2 years after the date of acquisition of the in-state bank holding company by the out-of-state bank holding company applicant. This paragraph does not apply if the applicant is an in-state bank holding company or in-state bank.

AB655, s. 174 Section 174. 227.135 (1) (e) and (f) of the statutes are created to read:

AB655,69,4 227.135 (1) (e) A summary of any existing or anticipated federal program that is intended to address the activities to be regulated by the rule and an analysis of the need for the rule if a federal program exists.

AB655,69,6 (f) An assessment of whether the rule is inconsistent, duplicative, or more stringent than the regulations under any federal program summarized in par. (e).

AB655, s. 175 Section 175. 227.137 of the statutes is created to read:

AB655,69,16 227.137 Economic impact reports of guidelines, policies, and rules. (1) After an agency publishes a statement of the scope of a proposed rule under s. 227.135, and before the agency submits the proposed rule to the legislative council for review under s. 227.15, a municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons having an interest in the proposed rule may petition the agency to prepare an economic impact report of the proposed rule. If the agency determines that the petitioner may be economically affected by the proposed rule, the agency shall prepare an economic impact report before submitting the proposed rule to the legislative council under s. 227.15.

AB655,69,23 (2) A municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons affected by an existing or proposed agency guideline or policy, including agency comments and policies in response to federal regulations, may petition the agency to prepare an economic impact report for that existing or proposed agency guideline or policy. If the agency determines that the petitioner may be economically affected by the proposed or existing guideline or policy, the agency shall prepare an economic impact report.

AB655,70,8 (3) An economic impact report shall contain information on the effect of the proposed rule or existing or proposed guideline or policy on specific businesses, business sectors, and the state's economy. When preparing the report, the agency shall solicit information and advice from the department of commerce and governmental units, associations, businesses, and individuals that may be affected by the proposed rule or existing or proposed guideline or policy. The agency may request information that is reasonably necessary for the preparation of an economic impact report from other state agencies, governmental units, associations, businesses, and individuals, but no one is required to respond to that request. The economic impact report shall include all of the following:

AB655,70,10 (a) An analysis and quantification of the problem, including any risks to public health or the environment, that the guideline, policy, or rule is intending to address.

AB655,70,14 (b) An analysis and quantification of the economic impact of the guideline, policy, or rule, including direct, indirect, and consequential costs reasonably expected to be incurred by the state, governmental units, associations, businesses, and affected individuals.

AB655,70,17 (c) An analysis of the guideline's, policy's, or rule's impact on the state's economy, including how the guideline, policy, or rule affects the state's economic development policies.

AB655,70,20 (d) An analysis of benefits of the guideline, policy, or rule, including how the guideline, policy, or rule reduces the risks and addresses the problems that the guideline, policy, or rule is intended to address.

AB655,70,22 (e) An analysis that compares the benefits to the costs of the guideline, policy, or rule.

AB655,71,2 (f) An analysis of existing or anticipated federal programs that are intended to address the risks and problems the agency is intending to address with the guideline, policy, or rule, including a determination of whether the guideline, policy, or rule and related administrative requirements are consistent with and not duplicative of those existing or anticipated federal programs.

AB655,71,6 (g) An analysis of regulatory alternatives to the guideline, policy, or rule, including the alternative of no regulation, and a determination of whether the guideline, policy, or rule addresses the identified risks and problems the agency is intending to address in the most cost-efficient manner.

AB655,71,9 (h) A comparison of the costs of the guideline, policy, or rule borne by Wisconsin businesses to costs borne by similar businesses located in Indiana, Missouri, and adjacent states.

AB655,71,11 (4) The agency shall submit the economic impact report to the legislative council staff, to the department of administration, and to the petitioner.

AB655,71,13 (5) This section does not apply to emergency rules promulgated under s. 227.24.

AB655, s. 176 Section 176. 227.138 of the statutes is created to read:

AB655,71,16 227.138 Department of administration review of proposed rules. (1) In this section:

AB655,71,17 (a) "Department" means the department of administration.

AB655,71,18 (b) "Economic impact report" means a report prepared under s. 227.137.

AB655,71,20 (c) "Guideline or policy" includes any agency comments or policies in response to federal regulations.

AB655,72,6 (2) If the department receives an economic impact report under s. 227.137 (4) regarding a proposed rule, the department shall review the proposed rule and issue a report. A municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons having an interest in a proposed rule may petition the department to review the proposed rule. If the department determines that the petitioner may be economically affected by the proposed rule, the department shall review the proposed rule and issue a report. The department shall notify the agency that a report will be prepared and that the agency shall not submit a proposed rule to the legislative council for review under s. 227.15 (1) until the agency receives a copy of the department's report. The report shall include all of the following findings:

AB655,72,9 (a) If an economic impact report was prepared as required under s. 227.137 (1), that the report and the analysis required under s. 227.137 (3) are supported by related documentation contained in the economic impact report.

AB655,72,11 (b) That the agency has clear statutory authority to promulgate the proposed rule.

AB655,72,13 (c) That the proposed rule, including any administrative requirements, is consistent with and not duplicative of other state rules or federal regulations.

AB655,72,15 (d) That the proposed rule is consistent with the governor's positions and priorities, including those related to economic development.

AB655,72,18 (e) That the agency used data, studies, and other sources of information in developing the proposed rule that is complete, accurate, and derived from accepted scientific methodologies.

AB655,73,3 (3) Before issuing a report under sub. (2), the department may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is returned. If the agency head disagrees with the department's reasons for returning the proposed rule, the agency head shall so notify the department in writing. The department secretary shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule. The department shall submit a statement to the governor indicating the department's approval of the proposed rule, the correspondence between the agency and the department related to the proposed rule, and a copy of its report regarding the proposed rule.

AB655,73,13 (4) If the department receives an economic impact report under s. 227.137 (4) regarding a proposed or existing guideline or policy, the department shall review the guideline or policy and issue a report. A municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons having an interest in a proposed or existing guideline or policy may petition the department to review the guideline or policy. If the department determines that the petitioner may be economically affected by the guideline or policy, the department shall review the guideline or policy and issue a report. The department shall notify the agency that a report will be prepared. The report shall include findings consistent with those under sub. (2) and include the following findings:

AB655,73,16 (a) If an economic impact report was prepared as required under s. 227.137 (4), that the report and the analysis required under s. 227.137 (3) are supported by related documentation contained in the economic impact report.

AB655,73,18 (b) That the guideline or policy is consistent with and does not exceed the agency's statutory authority.

AB655,73,20 (c) That the guideline or policy is consistent with the governor's positions and priorities, including those related to economic development.

AB655,73,22 (d) That the guideline or policy is of the type that is not required to be promulgated as a rule.

AB655,74,2 (5) Before issuing a report under sub. (4), the department may prohibit an agency from implementing a proposed guideline or policy until the department secretary determines that the proposed guideline or policy meets the criteria under sub. (4) (a) to (d).

AB655, s. 177 Section 177. 227.14 (2) (a) of the statutes is amended to read:

AB655,74,6 227.14 (2) (a) An agency shall prepare in plain language an analysis of each proposed rule, which shall be printed with the proposed rule when it is published or distributed. The analysis shall include a all of the following:

AB655,74,8 1. A reference to each statute that the proposed rule interprets, each statute that authorizes its promulgation, each related statute or related rule and a.

AB655,74,9 2. A brief summary of the proposed rule.

AB655, s. 178 Section 178. 227.14 (2) (a) 3. of the statutes is created to read:

AB655,74,12 227.14 (2) (a) 3. A summary of the relevant legal interpretations and policy considerations underlying the proposed rule.

AB655, s. 179 Section 179. 227.14 (2) (a) 4. of the statutes is created to read:

AB655,74,15 227.14 (2) (a) 4. A summary of existing and anticipated federal regulatory programs intended to address similar matters.

AB655, s. 180 Section 180. 227.14 (2) (a) 5. of the statutes is created to read:

AB655,74,22 227.14 (2) (a) 5. A summary of the factual data, studies, and other sources of information on which the proposed rule is based, the methodology used to obtain and analyze the data, studies, and other sources of information, how the data, studies, and other sources of information support the regulatory approach chosen for the rule, and how the data, studies, and other sources of information support any required agency's findings.

AB655, s. 181 Section 181. 227.14 (2) (a) 6. of the statutes is created to read:

AB655,75,3 227.14 (2) (a) 6. Any analysis and supporting documentation used when the agency considered the rule's effect on small businesses under s. 227.114 or used when preparing an economic impact report under s. 227.137 (3).

AB655, s. 182 Section 182. 227.14 (4) (b) 3. of the statutes is created to read:

AB655,75,7 227.14 (4) (b) 3. For rules that the agency determines may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by the private sector in complying with the rule.

AB655, s. 183 Section 183. 227.185 of the statutes is created to read:

AB655,75,16 227.185 Approval by governor. After a proposed rule is in final draft form and approved by the department of administration under s. 227.138 (3), the agency shall submit the rule to the governor. The governor may approve, modify, or reject the proposed rule. If the governor approves a proposed rule, the governor shall provide the agency with a written notice of that approval. No proposed rule may be submitted to the legislature for review under s. 227.19 (2) or filed with the office of secretary of state or revisor unless the governor has approved the proposed rule in writing. This section does not apply to emergency rules promulgated under s. 227.24.

AB655, s. 184 Section 184. 227.19 (2) of the statutes is amended to read:

AB655,76,5 227.19 (2) Notification of legislature. An agency shall submit a notice to the presiding officer of each house of the legislature when a proposed rule is in final draft form and approved by the governor. The notice shall be submitted in triplicate and shall be accompanied by a report in the form specified under sub. (3). A notice received under this subsection on or after September 1 of an even-numbered year shall be considered received on the first day of the next regular session of the legislature. Each presiding officer shall, within 7 working days following the day on which the notice and report are received, refer them to one committee, which may be either a standing committee or a joint legislative committee created by law, except the joint committee for review of administrative rules. The agency shall submit to the revisor for publication in the register a statement that a proposed rule has been submitted to the presiding officer of each house of the legislature. Each presiding officer shall enter a similar statement in the journal of his or her house.

AB655, s. 185 Section 185. 227.19 (3) (intro.) of the statutes is amended to read: