AB8, s. 20 6Section 20. 227.138 (title) and (1) of the statutes are repealed.
AB8, s. 21 7Section 21. 227.138 (2) (intro.) of the statutes is renumbered 227.137 (6)
8(intro.) and amended to read:
AB8,12,179 227.137 (6) (intro.) If an economic impact report will be prepared under s.
10227.137 (2)
analysis regarding a proposed rule indicates that a total of $20,000,000
11or more in implementation and compliance costs are reasonably expected to be
12incurred by or passed along to businesses and individuals as a result of the proposed
13rule
, the department of administration shall review the proposed rule and issue a
14report. The agency shall may not submit a proposed rule to the legislature for review
15under s. 227.19 (2) until the agency receives a copy of the department's report and
16the approval of the secretary of administration. The report shall include all of the
17following findings:
AB8, s. 22 18Section 22. 227.138 (2) (a) of the statutes is renumbered 227.138 (6) (a) and
19amended to read:
AB8,12,2220 227.138 (6) (a) That the economic impact report and the analysis required
21under s. 227.137 (3) are
is supported by related documentation contained or
22referenced
in the economic impact report analysis.
AB8, s. 23 23Section 23. 227.138 (2) (b) of the statutes is renumbered 227.137 (6) (b).
AB8, s. 24 24Section 24. 227.138 (2) (c) of the statutes is renumbered 227.137 (6) (c).
AB8, s. 25 25Section 25. 227.138 (2) (d) of the statutes is renumbered 227.137 (6) (d).
AB8, s. 26
1Section 26. 227.138 (3) of the statutes is renumbered 227.137 (7) and amended
2to read:
AB8,13,93 227.137 (7) Before issuing a report under sub. (2) (6), the department of
4administration
may return a proposed rule to the agency for further consideration
5and revision with a written explanation of why the proposed rule is being returned.
6If the agency head disagrees with the department's reasons for returning the
7proposed rule, the agency head shall so notify the department in writing. The
8secretary of administration shall approve the proposed rule when the agency has
9adequately addressed the issues raised during the department's review of the rule.
AB8, s. 27 10Section 27. 227.138 (4) of the statutes is repealed.
AB8, s. 28 11Section 28. 227.14 (2) (a) 6. of the statutes is amended to read:
AB8,13,1512 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency
13used in support of the agency's determination of the rule's effect on small businesses
14under s. 227.114 or that was used when the agency prepared an economic impact
15report analysis under s. 227.137 (3).
AB8, s. 29 16Section 29. 227.15 (1) of the statutes is amended to read:
AB8,14,217 227.15 (1) Submittal to legislative council staff. Prior to a public hearing
18on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19,
19an agency shall submit the proposed rule to the legislative council staff for review.
20The proposed rule shall be in the form required under s. 227.14 (1), and shall include
21the material required under s. 227.14 (2) to (4), (3), and (4) and the economic impact
22analysis required under s. 227.137 (2)
. An agency may not hold a public hearing on
23a proposed rule or give notice under s. 227.19 until after it has received a written
24report of the legislative council staff review of the proposed rule or until after the
25initial review period of 20 working days under sub. (2) (intro.), whichever comes first.

1An agency may give notice of a public hearing prior to receipt of the legislative council
2staff report. This subsection does not apply to rules promulgated under s. 227.24.
AB8, s. 30 3Section 30. 227.15 (1m) (bm) of the statutes is created to read:
AB8,14,44 227.15 (1m) (bm) The economic impact analysis required under s. 227.137 (2).
AB8, s. 31 5Section 31. 227.17 (3) (em) of the statutes is created to read:
AB8,14,96 227.17 (3) (em) The economic impact analysis required under s. 227.137 (2) and
7any report prepared by the department of administration under s. 227.137 (6), or a
8summary of that analysis and report and a description of how a copy of the full
9analysis and report may be obtained from the agency at no charge.
AB8, s. 32 10Section 32. 227.185 of the statutes is created to read:
AB8,14,18 11227.185 Approval by governor. After a proposed rule is in final draft form,
12the agency shall submit the proposed rule to the governor for approval. The governor,
13in his or her discretion, may approve, modify, or reject the proposed rule. If the
14governor approves a proposed rule, the governor shall provide the agency with a
15written notice of that approval. No proposed rule may be submitted to the legislature
16for review under s. 227.19 (2) or filed with the legislative reference bureau under s.
17227.20 for publication under s. 227.21 unless the governor has approved the proposed
18rule in writing.
AB8, s. 33 19Section 33. 227.19 (3) (intro.) of the statutes is amended to read:
AB8,15,220 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be
21in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
22the material specified in s. 227.14 (2) to, (3), and (4), a copy of any economic impact
23report analysis prepared by the agency under s. 227.137 (2), a copy of any report
24prepared by the department of administration under s. 227.138 227.137 (6), a copy
25of any energy impact report received from the public service commission under s.

1227.117 (2), and a copy of any recommendations of the legislative council staff. The
2report shall also include all of the following:
AB8, s. 34 3Section 34. 227.24 (1) (e) 1. of the statutes is renumbered 227.24 (1) (e) 1m.
AB8, s. 35 4Section 35. 227.24 (1) (e) 1d. of the statutes is created to read:
AB8,15,125 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency
6rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s.
7227.135 (2), and send the statement to the legislative reference bureau for
8publication in the register under s. 227.135 (3) at the same time that the proposed
9emergency rule is published. If the agency changes the scope of a proposed
10emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain
11approval of a revised statement of the scope of the proposed emergency rule as
12provided in s. 227.135 (4).
AB8, s. 36 13Section 36. 227.24 (1) (e) 1g. of the statutes is created to read:
AB8,15,1614 227.24 (1) (e) 1g. Submit the proposed emergency rule in final draft form to the
15governor for approval as provided in s. 227.185. An agency may not file an emergency
16rule for publication until the governor approves the emergency rule in writing.
AB8, s. 37 17Section 37. 227.24 (3g) of the statutes is created to read:
AB8,16,718 227.24 (3g) Economic impact analysis. Before filing a proposed emergency rule
19under sub. (3), an agency shall prepare an economic impact analysis for the proposed
20emergency rule in the manner required under s. 227.137 (3) and shall submit that
21analysis to the department of administration, to the governor, and to the chief clerks
22of each house of the legislature, who shall distribute the analysis to the presiding
23officers of their respective houses, to the chairpersons of the appropriate standing
24committees of their respective houses, as designated by those presiding officers, and
25to the cochairpersons of the joint committee for review of administrative rules. If the

1economic impact analysis indicates that a total of $20,000,000 or more in
2implementation and compliance costs are reasonably expected to be incurred by or
3passed along to businesses and individuals as a result of the proposed emergency
4rule, the department of administration shall review the proposed rule and issue a
5report under s. 227.137 (6). The agency may not file the proposed emergency rule
6until the agency receives a copy of the department of administration's report and the
7approval of the secretary of administration under s. 227.137 (7).
AB8, s. 38 8Section 38. 227.40 (1) of the statutes is amended to read:
AB8,16,249 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review
10of the validity of a rule shall be an action for declaratory judgment as to the validity
11of such the rule brought in the circuit court for the county where the party asserting
12the invalidity of the rule resides or has its principal place of business or, if that party
13is a nonresident or does not have its principal place of business in this state,
in the
14circuit court for Dane County. The officer, board, commission or other agency whose
15rule is involved shall be the party defendant. The summons in such the action shall
16be served as provided in s. 801.11 (3) and by delivering a copy to such that officer or,
17if the agency is composed of more than one person,
to the secretary or clerk of the
18agency where composed of more than one person or to any member of such the agency.
19The court shall render a declaratory judgment in such the action only when it
20appears from the complaint and the supporting evidence that the rule or its
21threatened application interferes with or impairs, or threatens to interfere with or
22impair, the legal rights and privileges of the plaintiff. A declaratory judgment may
23be rendered whether or not the plaintiff has first requested the agency to pass upon
24the validity of the rule in question.
AB8, s. 39 25Section 39. 801.50 (3) of the statutes is amended to read:
AB8,17,5
1801.50 (3) All actions in which the sole defendant is the state, any state board
2or commission or any state officer, employee or agent in an official capacity shall be
3venued in Dane County the county where the plaintiff resides unless another venue
4is specifically authorized by law. If the plaintiff is a nonresident or is not a natural
5person, the action shall be venued in the county where the dispute arose.
AB8, s. 9309 6Section 9309. Initial applicability; Circuit Courts.
AB8,17,97 (1) Venue in declaratory judgment actions. The treatment of section 227.40
8(1) of the statutes first applies to an action for declaratory judgment commenced on
9the effective date of this subsection.
AB8,17,1210 (2) Venue in certain actions against the state. The treatment of section
11801.50 (3) of the statutes first applies to an action commenced on the effective date
12of this subsection.
AB8, s. 9355 13Section 9355. Initial applicability; Other.
AB8,17,18 14(1) Rule-making authority; rules interpreting statutes. The renumbering
15and amendment of section 227.11 (2) (a) of the statutes and the creation of section
16227.11 (2) (a) 1. to 3. of the statutes first apply to a proposed administrative rule
17submitted to the legislative council staff under section 227.15 of the statutes on the
18effective date of this subsection.
AB8,18,2 19(2) Economic impact analyses. The treatment of sections 227.137 (title), (1), (2)
20(intro.), (a) and (b), (3) (intro.), (a), (b), (c), (d), and (e), (4), and (5), 227.138 (title), (1),
21(2) (intro.), (a), (b), (c), and (d), (3), and (4), 227.14 (2) (a) 6., 227.15 (1) and (1m) (bm),
22227.17 (3) (em), 227.19 (3) (intro.), and 227.24 (3g) of the statutes first applies to a
23proposed administrative rule submitted to the legislative council staff under section
24227.15 of the statutes, as affected by this act, and to a proposed emergency rule filed

1with the legislative reference bureau under section 227.24 (3) of the statutes on the
2effective date of this subsection.
AB8,18,7 3(3) Gubernatorial approval of proposed rules and emergency rules. The
4treatment of sections 227.135 (2), (3), and (4), 227.185, and 227.24 (1) (e) 1., 1d., and
51g. of the statutes first applies to a proposed rule or emergency rule whose statement
6of scope is presented to the governor for approval on the effective date of this
7subsection.
AB8,18,88 (End)
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