SB150: Bill Text

Note: See Note to Section 7.

SB150, s. 9 Section 9. 227.14 (2) (a) (intro.) of the statutes is amended to read:

SB150,6,12 227.14 (2) (a) (intro.) An agency shall prepare in plain language an analysis of each proposed rule, which shall be printed with the as a preface to the text of the proposed rule when it is published or distributed. The analysis shall include all of the following:

Note: Current law requires an agency to prepare an analysis of each proposed rule. The analysis must be printed with the proposed rule when it is published or distributed. Some agencies have interpreted this requirement to mean that the analysis must be printed both as a separate document attached to the proposed rule and as part of the preface to the proposed rule. This Section clarifies that double publication is not required; the analysis need be published only once as a preface to the text of the proposed rule.

SB150, s. 10 Section 10. 227.14 (2) (a) 4. of the statutes is amended to read:

SB150,7,3 227.14 (2) (a) 4. A comparison of with similar rules in adjacent states Illinois, Iowa, Michigan, and Minnesota.

Note: Current law requires that an agency prepare a plain language analysis of a proposed rule. One of the items that must be included is a comparison with similar rules in adjacent states. This Section specifically names the 4 adjacent states.

SB150, s. 11 Section 11. 227.14 (2) (a) 7. and 8. of the statutes are created to read:

SB150,7,6 227.14 (2) (a) 7. The electronic mail address and telephone number of an agency contact person for the proposed rule.

SB150,7,9 8. The place where comments on the proposed rule should be submitted and the deadline for submitting those comments, if the deadline is known at the time the proposed rule is submitted to the legislative council staff under s. 227.15.

Note: Section 227.15 (1m), stats., requires the legislative council staff to create and maintain an Internet site that includes a copy of each proposed rule it receives. Among the information that is required to be included on the site is the electronic mail address and a telephone number of an agency contact person for each proposed rule and a place where comments on the proposed rule should be submitted and a deadline for submitting those comments. This Section requires an agency to place in its rule analysis: (1) the electronic mail address and telephone number of an agency contact person for the proposed rule; and (2) the place where the comments on the proposed rule should be submitted and the deadline for submitting those comments, if the deadline is known at the time the proposed rule is submitted to the legislative council staff. This information then will be placed on the Internet site when the entire rule is posted there by the legislative council staff.

SB150, s. 12 Section 12. 227.14 (2g) (intro.) of the statutes is amended to read:

SB150,8,15 227.14 (2g) (title) Fiscal effect of rule Review by the small business regulatory review board. On the same day that an agency publishes a proposed rule under this section submits to the legislative council staff under s. 227.15 a proposed rule that may have a significant economic impact on small businesses, the agency shall submit the proposed rule and, the analysis required under sub. (2), and a description of its actions taken to comply with s. 227.114 (2) and (3) to the small business regulatory review board. The board may use cost-benefit analysis to determine the fiscal effect of the rule on small businesses and shall determine whether the agency has complied with subs. (2) and (2m) and s. 227.114 (2) and (3). Except as provided in subs. (1m) and (1s), each proposed rule shall include provisions detailing how the rule will be enforced. If the board determines that the rule does not include an enforcement provision or that the agency failed to comply with sub. (2) or (2m) or s. 227.114 (2) or (3), the board shall notify the agency of that determination and ask the agency to comply with any of those requirements. In addition, the board may submit suggested changes in the proposed rule to the agency, including proposals to reduce the use of cross-references in the rule. The board shall send a report of those suggestions and of any notice of failure to include enforcement provisions or to comply with sub. (2) or (2m) or s. 227.114 (2) or (3) to the legislative council staff. The notification to the agency may include a request that the agency do any of the following:

Note: Current law requires an agency to submit a proposed rule to the small business regulatory review board on the same day that it publishes a proposed rule that may have a significant economic impact on small businesses. Agencies have found the reference to publication confusing. This Section provides that an agency proposing a rule that may have a significant economic impact on small businesses must submit the rule to the small business regulatory review board on the same day that it submits the proposed rule to the legislative council staff for review under s. 227.15, stats. In addition, the statute is amended to require the agency to describe how it has attempted to reduce the impact of the proposed rule on small businesses as mandated under s. 227.114 (2) and (3), stats. Finally, the title to s. 227.14 (2g), stats., is amended to more accurately reflect its content.

SB150, s. 13 Section 13. 227.14 (2m) of the statutes is amended to read:

SB150,9,4 227.14 (2m) Quality of agency data and limitation of cross-references. Each agency shall, in cooperation with the department of administration, ensure the accuracy, integrity, objectivity, and consistency of the data that is used when preparing a proposed rule and when completing an analysis of the proposed rule under sub. (2). Each agency shall reduce limit the amount of cross-references to the statutes in proposed and final rules. A person affected by a proposed rule may submit comments to the agency regarding the accuracy, integrity, or consistency of that data.

Note: This Section amends the title to s. 227.14 (2m), stats., to more accurately reflect its content. In addition, this Section requires agencies to limit their use of statutory cross-references in rules rather than reduce those references since it is not clear in current law what the reduction is from.

SB150, s. 14 Section 14. 227.14 (4m) of the statutes is amended to read:

SB150,9,18 227.14 (4m) Notice of submittal to joint legislative council staff. On the same day that an agency submits a proposed rule to the joint legislative council staff under s. 227.15, the agency shall prepare a written notice of the agency's submittal to the joint legislative council staff. The notice shall include a statement of the date on which the proposed rule has been submitted to the joint legislative council staff for review, of the subject matter of the proposed rule and of whether a public hearing on the proposed rule is required, and shall identify the organizational unit within the agency that is primarily responsible for the promulgation of the rule. The notice shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule. The agency shall send the notice to the revisor for publication in the register. On the same day that the agency sends the notice to the revisor, the agency shall send a copy of the notice to the secretary of administration.

Note: This Section make references to the legislative council staff consistent with references in the rest of ch. 227, stats.

SB150, s. 15 Section 15. 227.14 (6) (d) of the statutes is created to read:

SB150,9,21 227.14 (6) (d) If a proposed rule is withdrawn, the proposed rule may be promulgated only by commencing the rule-making procedure again with the preparation, under s. 227.135, of a statement of the scope of the proposed rule that the agency plans to promulgate.

Note: This Section clarifies that when a proposed rule is withdrawn from the promulgation process in accordance with s. 227.14 (6), stats., the proposed rule may be promulgated only by commencing the rule-making procedure again, beginning with the preparation of a scope statement under s. 227.135, stats.

SB150, s. 16 Section 16. 227.15 (1m) (intro.) of the statutes is amended to read:

SB150,10,12 227.15 (1m) Internet access to proposed rule. (intro.) The joint legislative council staff shall create and maintain an Internet site that includes a copy of or link to each proposed rule received under sub. (1) in a format that allows the site to be searched searching using keywords. Each agency shall provide the joint legislative council staff with the proposed rules and other information needed to comply with this subsection in the format required by the joint legislative council staff. The Internet site shall include a section devoted to identify or provide a link to a site that identifies proposed rules affecting small businesses, as defined in s. 227.114 (1). The Internet site shall also include or provide a link to all of the following:

Note: Current law requires the joint legislative council to create and maintain an Internet site that includes certain information about proposed administrative rules. This Section allows the required information to be provided by a link on the site created and maintained by the legislative council staff. This Section also makes references to the legislative council staff consistent with references in the rest of ch. 227, stats.

SB150, s. 17 Section 17. 227.17 (2) of the statutes is amended to read:

SB150,10,18 227.17 (2) The notice under sub. (1) shall be given at least 10 days prior to the date set for a hearing. Notice through the register is considered to have been given on the first or 15th day of the month following publication effective date of the issue of the register in which the notice first appears, or, if applicable, on the date prescribed under s. 227.22 (4).

Note: Current law requires an agency to give notice of a public hearing on a proposed rule through the Wisconsin administrative register. Notice is considered to have been given on the first or 15th day of the month following publication of the register. If a notice were published on February 1, 2006, the statute could be interpreted to mean that the notice becomes effective on the following February 15, March 1, or March 15. In order to clarify the statutes and reduce possible delays, this Section provides that the notice generally will be considered to have been given on the effective date of the issue of the Wisconsin administrative register in which the notice first appears. Each issue of the register states its effective date.

SB150, s. 18 Section 18. 227.17 (3) (d) of the statutes is amended to read:

SB150,11,2 227.17 (3) (d) An analysis of the proposed rule as required under s. 227.14 (2).

Note: Current law requires that an agency notice of a public hearing on a proposed rule must include an analysis of the proposed rule. This Section clarifies that the analysis must include all of the items required under s. 227.14 (2), stats. This analysis is the same analysis that accompanies a proposed rule when it is submitted to the legislative council staff for review under s. 227.15, stats.

SB150, s. 19 Section 19 . 227.19 (2) of the statutes is amended to read:

SB150,11,17 227.19 (2) Notification of legislature. An agency shall submit a notice to the presiding officer chief clerk of each house of the legislature when a proposed rule is in final draft form. 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 The presiding officer of each house of the legislature shall, within 7 10 working days following the day on which the notice and report are received, direct the appropriate chief clerk to 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 chief clerk of each house of the legislature. Each presiding officer chief clerk shall enter a similar statement in the journal of his or her house.

Note: Current law requires an agency to submit a notice to the presiding officer of each house of the legislature when a proposed rule is in final draft form. The presiding officer must, within 7 working days, refer the rule to a 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. This Section requires that the agency submit the notice to the chief clerk of each house of the legislature for internal processing and that the referral as directed by the presiding officers must be accomplished within 10 working days. Notice to the chief clerks is in accord with the process for notifying the legislature of various actions under s. 13.172, stats. This Section also provides that referral of a proposed rule may be made only to a standing committee.

SB150, s. 20 Section 20. 227.19 (3) (intro.) of the statutes is amended to read:

SB150,12,9 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of any economic impact report prepared by the agency under s. 227.137, a copy of any report prepared by the department of administration under s. 227.138, a copy of any energy impact report received from the public service commission under s. 227.117 (2), and a copy of any recommendations of the legislative council staff, and an analysis. The analysis report shall also include all of the following:

Note: This Section clarifies that an agency report to the legislature, rather than a rule analysis, must contain specified items.

SB150, s. 21 Section 21. 227.19 (3) (g) of the statutes is created to read:

SB150,12,13 227.19 (3) (g) The report of the department of commerce, 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.

Note: Current law requires the department of commerce to prepare a report on a proposed rule if the proposed rule directly or substantially affects the development, construction, cost, or availability of housing in Wisconsin. This Section requires that the report be included in the submission of a proposed rule to the legislature.

SB150, s. 22 Section 22. 227.19 (3) (h) of the statutes is created to read:

SB150,12,16 227.19 (3) (h) A response to any report prepared by the small business regulatory review board under s. 227.14 (2g).

Note: Current law provides that the small business regulatory review board, when reviewing a proposed rule that may have a significant economic impact on small businesses, must notify the agency if it determines that the proposed rule does not include an enforcement provision or that the agency failed to comply with certain statutory requirements. In addition, the small business regulatory review board may submit suggested changes in the proposed rule to the agency. This Section requires that when an agency submits a proposed rule to the legislature for review, it must include its response to a report prepared by the small business regulatory review board.

SB150, s. 23 Section 23 . 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:

SB150,13,7 227.19 (4) (b) 1. (intro.) Except as provided under subd. 5., the committee review period for each committee extends for 30 days after referral under sub. (2). If the chairperson or the cochairpersons of a committee take either of the following actions within the 30-day period, the committee review period for that committee is continued for 30 days from the date on which the first action is taken 30-day review period would have expired:

Note: Current law provides that a committee of the legislature has 30 days within which to review a proposed rule. This period may be extended if, within the 30-day period, the committee requests in writing that the agency meet with the committee or the committee publishes or posts notice that it will hold a meeting or hearing regarding the proposed rule. If the committee takes either of these actions, an additional 30-day review period begins from the date the action is taken. For example, if a notice of hearing is published on the 15th day of the initial 30-day review period, the entire review period will extend to a total of 45 days. If the notice is published on the 30th day of the review period, the full review period will extend to a total of 60 days. This Section provides that if a committee requests a meeting or publishes a notice, the review period for the committee will be 60 days, regardless of when the request or publication took place in the first 30-day review period.

SB150, s. 24 Section 24 . 227.19 (4) (b) 2. of the statutes is amended to read:

SB150,13,17 227.19 (4) (b) 2. If a committee, by a majority vote of a quorum of the committee, recommends requests modifications in a proposed rule, and the agency, in writing, agrees to make consider making modifications, the review period for both committees is extended either to the 10th working day following receipt by the committees of the modified proposed rule or a written statement to the committee that the agency will not make modifications or to the expiration of the review period under subd. 1., whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made.

Note: Current law provides that a committee reviewing a proposed rule may enter into a modification agreement with an agency if the committee requests modifications in a proposed rule, and the agency, in writing, agrees to make modifications. In practice, a committee often asks an agency to consider modifications that the agency will take under advisement. If the agency agrees to do so, the time period for review of a proposed rule is tolled until the agency responds with drafted amendments or a statement that it will not make modifications. This Section amends the statute in accordance with current practice; a committee may request modifications in a proposed rule and the agency, in writing, may agree to consider making modifications. The review period will be tolled until the agency submits either the modified proposed rule or a written statement that it will not make modifications.

SB150, s. 25 Section 25. 227.19 (4) (b) 3m. of the statutes is created to read:

SB150,14,8 227.19 (4) (b) 3m. An agency may, during the committee review period, reconsider its action by recalling the proposed rule from the chief clerk of each house of the legislature. If the agency decides to continue the rule-making process with regard to the proposed rule, it shall resubmit the proposed rule, either in its recalled form or with one or more germane modifications, to the chief clerk in each house of the legislature as provided in sub. (2) and the committee review period under subd. 1. shall begin again.

Note: Current law requires that if an agency withdraws a proposed rule from the review process, it may not promulgate the proposed rule unless it begins the process again with the filing of a new scope statement. This Section creates a less onerous provision by authorizing an agency, during the committee review period, to reconsider the proposed rule by recalling it from the chief clerk of each house of the legislature. If the agency decides to continue the rule-making process with regard to the proposed rule, it must resubmit the proposed rule, either in its recalled form or with one or more germane modifications, to the chief clerk in each house of the legislature for the commencement of a new committee review period.

SB150, s. 26 Section 26. 227.19 (4) (b) 6. of the statutes is amended to read:

SB150,15,3 227.19 (4) (b) 6. If a committee has not concluded its jurisdiction over a proposed rule before the day specified under s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 7 10 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule to the appropriate standing committee or joint legislative committee created by law, except the joint committee for review of administrative rules, as provided under sub. (2). The committee review period that was interrupted by the loss of jurisdiction under this subdivision continues for the committee to which the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.

Note: Current law provides that when the committee period for review of a proposed rule is interrupted by the convening of a new legislature, the review period ceases and the presiding officer of each house must refer the proposed rule, within 7 working days of the convening of the new legislature, to a standing committee or joint legislative committee, except the joint committee for review of administrative rules. This Section provides, following the amendment in Section 19, that the referral process must be accomplished within 10 working days and that referral of a proposed rule may be made only to a standing committee.

SB150, s. 27 Section 27. 227.19 (4) (c) of the statutes is amended to read:

SB150,15,11 227.19 (4) (c) Agency not to promulgate rule during committee review. An agency may not promulgate a proposed rule during the committee review period unless both committees waive jurisdiction over the proposed rule prior to the expiration of the review period. A committee may waive its jurisdiction by adopting, by a majority vote of a quorum of the committee, a motion waiving the committee's jurisdiction. The committee shall report its action in writing to the joint committee for review of administrative rules within 2 working days after the waiver action.

Note: Under current law, if a committee reviewing a proposed rule waives its jurisdiction over the rule, it must report this action in writing to the joint committee for review of administrative rules within 2 working days after the waiver action. This Section eliminates the reporting requirement.

SB150, s. 28 Section 28. 227.19 (5) (a) of the statutes is amended to read:

SB150,15,18 227.19 (5) (a) Referral. If a committee objects to a proposed rule, the committee shall report the proposed rule and the objection to the presiding officer chief clerk of the appropriate house within 2 5 working days after making the objection. The presiding officer chief clerk shall refer the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report.

Note: Current law provides that if a committee objects to a proposed rule, the committee must report the proposed rule and the objection to the presiding officer of the appropriate house within 2 working days after making the objection. The presiding officer then refers the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report. This Section provides that the report and the objection must be sent to the chief clerk of the appropriate house within 5 working days after making the objection. The chief clerk then will refer the proposed rule and the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report. This Section reflects methods of internal processing within the legislature and standardizes the reporting and referral periods.

SB150, s. 29 Section 29. 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:

SB150,16,8 227.19 (5) (b) 1. (intro.) The review period for the joint committee for review of administrative rules extends for 30 days after a proposed rule and objection are referred to it. The joint committee for review of administrative rules shall meet and take action in executive session during that period, except that if the cochairpersons take either of the following actions within the 30-day period, the joint committee review period is continued for 30 days from the date on which the first action is taken 30-day review period would have expired:

Note: See the Note to Section 23 for a description of how the joint committee for review of administrative rules may extend its period of review over a proposed rule that has received an objection.

SB150, s. 30 Section 30. 227.19 (5) (b) 2. of the statutes is amended to read:

SB150,17,2 227.19 (5) (b) 2. If the joint committee for review of administrative rules, by a majority vote of a quorum of the committee, recommends requests modifications in a proposed rule, and the agency, in writing, agrees to make consider making modifications, the review period for the joint committee for review of administrative rules is extended either to the 10th working day following receipt by the joint committee of the modified proposed rule or a written statement to the joint committee that the agency will not make modifications or to the expiration of the review period under subd. 1., whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made.

Note: See the Note to Section 24 for a description of how the joint committee for review of administrative rules may enter into a modification agreement with an agency that has submitted a proposed rule that has received an objection.

SB150, s. 31 Section 31. 227.19 (5) (b) 4. of the statutes is amended to read:

SB150,17,12 227.19 (5) (b) 4. If the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule before the day specified under s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 7 10 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule to the joint committee for review of administrative rules. The committee review period that was interrupted by the loss of jurisdiction under this subdivision continues for the joint committee for review of administrative rules to which the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.

Note: Current law provides that if the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule before the day a new legislature convenes, the joint committee's jurisdiction immediately ceases and, within 7 working days after that date, the presiding officer of the appropriate house must refer the proposed rule again to the joint committee for review of administrative rules. This Section amends the statute to provide that the presiding officer must make this referral within 10 working days after the new legislature convenes.

SB150, s. 32 Section 32. 227.19 (5) (e) of the statutes is amended to read:

SB150,18,3 227.19 (5) (e) Bills to prevent promulgation. When the joint committee for review of administrative rules objects to a proposed rule it shall, within 30 days of the date of the objection, introduce in each house of the legislature, for consideration at any regular session, a bill to support the objection. Within 10 working days after introduction, the presiding officer of each house of the legislature shall refer the bill to the appropriate standing committee 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.

Note: Current law provides that when the joint committee for review of administrative rules objects to a proposed rule, it must, within 30 days of the date of the objection, introduce in each house of the legislature a bill to support the objection. This Section provides that the joint committee, following an objection, must, within 30 days of the date of the objection, meet and take executive action regarding the introduction of a bill to support the objection. The joint committee must introduce the bills within 5 working days after taking executive action in favor of introduction of the bills.

SB150, s. 33 Section 33. 227.19 (5) (g) (intro.) of the statutes is amended to read:

SB150,18,16 227.19 (5) (g) (intro.) If the bills required under par. (e) are introduced on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, as provided under s. 13.02 (2), or if the bills cannot be introduced during this time period under the joint rules of the legislature, the joint committee for review of administrative rules shall reintroduce introduce the bills on the first day of the next regular session of the legislature, unless either house adversely disposes of either bill. If the joint committee for review of administrative rules is required to reintroduce introduce the bills, the agency may not promulgate the proposed rule to which the bills pertain except as provided in par. (f). If either house adversely disposes of either bill, the agency may promulgate the proposed rule that was objected to. In this paragraph, "adversely disposes of" means that one house has voted in one of the following ways:

Note: Current law provides that if the joint committee for review of administrative rules introduces objection-sustaining legislation on or after February 1 of an even-numbered year and before the next regular session of the legislature commences, the joint committee for review of administrative rules must introduce the bills on the next day of the regular session, unless either house adversely disposes of either bill in the current session. This Section clarifies that the introduction requirement also applies if the bills cannot be introduced by the joint committee on or after February 1 of an even-numbered year under the joint rules of the legislature.

SB150, s. 34 Section 34. 227.19 (6) (b) of the statutes is amended to read:

SB150,19,11 227.19 (6) (b) Upon introduction of the bills under sub. (5), the presiding officer of each house of the legislature shall refer the bill introduced in that house to the appropriate committee, to the calendar scheduling committee or directly to the calendar. If the committee to which a bill is referred makes no report within 30 days after referral, the bill shall be considered reported without recommendation. No later than 40 days after referral, or as soon thereafter as is possible if the legislature is not in a floorperiod 40 days after referral, the bills shall be placed on the calendar of each house of the legislature according to its rule governing the placement of proposals on the calendar. A bill introduced under this section which is received in the 2nd house shall be referred, reported and placed on the calendar in the same manner as an original bill introduced under this section.

Note: Current law provides that when objection-sustaining legislation is introduced, a bill must be placed on the calendar of each house of the legislature no later than 40 days after referral. This Section provides that the bills must be placed on the calendar no later than 40 days after referral or as soon thereafter if the legislature is not in a floorperiod 40 days after referral. This change will accommodate periods of recess in the legislative schedule.

SB150, s. 35 Section 35 . 227.20 (1), (2), and (3) (intro.) of the statutes are amended to read:

SB150,19,18 227.20 (1) An agency shall file a certified copy of each rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have copy has been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's revisor's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

SB150,19,21 (2) The secretary of state revisor shall endorse the date and the time of filing on each certified copy filed under sub. (1). The secretary of state revisor shall keep a file of all certified copies filed under sub. (1).

SB150,20,2 (3) (intro.) Filing a certified copy of a rule with the secretary of state revisor creates a presumption of all of the following:

Note: Current law requires agencies to file a certified copy of each rule that is promulgated with 2 state officials--the secretary of state and the revisor of statutes. This Section eliminates the need to file a copy with the secretary of state.

SB150, s. 36 Section 36 . 227.21 (2) (b) of the statutes is amended to read:

SB150,20,10 227.21 (2) (b) The revisor and the attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disk or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in s. 601.41 (3) (b), that the standards are on file at the offices of the agency, the secretary of state, and the revisor.

Note: Current law provides that if an agency incorporates standards into a rule by reference rather than replicating the entire standard in the text of the rule, it must ensure that the referenced standards are on file at the offices of the agency, the secretary of state, and the revisor of statutes. This Section eliminates the need to ensure that the standards are on file with the secretary of state. In addition, this Section allows the standards to be in a format other than a paper copy.

Current law also requires that the agency receive the consent of the revisor of statutes and the attorney general in order to incorporate the standard by reference. This Section eliminates the requirement for the agency to receive the consent of the revisor.