AB389: Bill Text

AB389,22,13 227.19 (5) (b) 3. If both committees to which a proposed rule is referred object to the proposed rule, each objection has a separate review period beginning on the date of its receipt by the joint committee for review of administrative rules.

AB389, s. 54 Section 54. 227.19 (5) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,23,2 227.19 (5) (b) 4. If the joint committee for review of administrative rules has not concluded its jurisdiction over a proposed rule or a part of a proposed rule before the day specified under s. 13.02 (1) for the next legislature to convene, that jurisdiction immediately ceases and, within 10 working days after that date, the presiding officer of the appropriate house shall refer the proposed rule or part of the proposed rule to the joint committee for review of administrative rules of the next legislature. If a committee review period is interrupted by the loss of jurisdiction under this subdivision, a new committee review period as provided in subd. 1. shall begin for the joint committee for review of administrative rules to which the proposed rule or part of the proposed rule is referred under this subdivision beginning on the date of referral under this subdivision.

AB389, s. 55 Section 55. 227.19 (5) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB389,23,15 227.19 (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 to which a committee has objected unless the joint committee for review of administrative rules nonconcurs in the objection action 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, under par. (d) 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.

AB389, s. 56 Section 56. 227.19 (5) (d) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB389,24,4 227.19 (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). Except as provided in par. (dm), if 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).

AB389, s. 57 Section 57. 227.19 (5) (dm) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB389, s. 58 Section 58. 227.19 (5) (e) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB389,24,16 227.19 (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.

AB389, s. 59 Section 59. 227.19 (5) (em) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB389, s. 60 Section 60. 227.19 (5) (f) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,25,3 227.19 (5) (f) Timely introduction of bills; effect. If both bills required under par. (e) are defeated, or fail to be enacted in any other manner, the agency may promulgate the proposed rule or part of the proposed rule that was objected to. If either bill becomes law, the agency may not promulgate the proposed rule or part of the proposed rule that was objected to unless a subsequent law specifically authorizes its promulgation. This paragraph applies to bills introduced on or after the day specified under s. 13.02 (1) for the legislature to convene and before February 1 of an even-numbered year.

AB389, s. 61 Section 61. 227.19 (5) (fm) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB389, s. 62 Section 62. 227.19 (5) (g) (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,25,20 227.19 (5) (g) Introduction of bills in next session; effect. (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 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 introduce the bills, the agency may not promulgate the proposed rule or part of 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 or part of 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:

AB389, s. 63 Section 63. 227.19 (6) (title) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB389,25,23 227.19 (6) (title) Promulgation prevention or authorization procedure.

AB389, s. 64 Section 64. 227.19 (6) (a) (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB389,26,4 227.19 (6) (a) (intro.) The legislature may not consider a bill required 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:

AB389, s. 65 Section 65. 227.19 (6) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,26,8 227.19 (6) (a) 1. An explanation of the issue involving the proposed rule or part of the proposed rule objected to and the factual situation out of which the issue arose.

AB389, s. 66 Section 66. 227.19 (6) (a) 4. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,26,13 227.19 (6) (a) 4. A statement and analysis of the grounds upon which the joint committee for review of administrative rules relies for objecting to the proposed rule or part of the proposed rule.

AB389, s. 67 Section 67. 227.24 (1) (e) 1d. of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

AB389, s. 68 Section 68. 227.24 (1) (e) 1g. of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

AB389, s. 69 Section 69. 227.24 (1) (e) 1m. of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.24 (1) (e) 1.

AB389, s. 70 Section 70. 227.40 (1) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,27,11 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review of the validity of a rule shall be an action for declaratory judgment as to the validity of the rule brought in the circuit court for the county where the party asserting the invalidity of the rule resides or has its principal place of business or, if that party is a nonresident or does not have its principal place of business in this state, in the circuit court for the county where the dispute arose Dane County. The officer or other agency whose rule is involved shall be the party defendant. The summons in the action shall be served as provided in s. 801.11 (3) and by delivering a copy to that officer or, if the agency is composed of more than one person, to the secretary or clerk of the agency or to any member of the agency. The court shall render a declaratory judgment in the action only when it appears from the complaint and the supporting evidence that the rule or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. A declaratory judgment may be rendered whether or not the plaintiff has first requested the agency to pass upon the validity of the rule in question.

AB389, s. 71 Section 71. 227.40 (6) of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 72 Section 72. 801.50 (3) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,27,20 801.50 (3) Except as provided in this subsection, all All actions in which the sole defendant is the state, any state board or commission, or any state officer, employee, or agent in an official capacity shall be venued in Dane County unless another venue is specifically authorized by law. All actions relating to the validity or invalidity of a rule shall be venued as provided in s. 227.40 (1).

AB389, s. 73 Section 73. Initial applicability.

AB389,27,22 (1) Declaratory judgment actions.

AB389,27,25 (a) Venue in declaratory judgment actions. The treatment of sections 227.40 (1) and 801.50 (3) of the statutes first applies to an action for declaratory judgment commenced on the effective date of this subsection.

AB389,28,3 (b) Declaratory judgment orders. The treatment of sections 13.92 (4) (a), 35.93 (4), and 227.40 (6) of the statutes first applies to an action commenced on the effective date of this subsection.

AB389,28,8 (2) Rule-making authority; rules interpreting statutes. The renumbering and amendment of section 227.11 (2) (a) (intro.) of the statutes and the repeal of section 227.11 (2) (a) 1. to 3. of the statutes first apply to a proposed administrative rule submitted to the legislative council staff under section 227.15 of the statutes on the effective date of this subsection.

AB389,28,15 (3) Economic impact reports. The treatment of sections 227.137 (title), (1), (3) (intro.), (a), (b), (c), (d), (e), and (f), (4), (5), and (6) (intro.), (a), (b), (c), (cm), (d), and (7), 227.14 (2) (a) 6., 227.15 (1) and (1m) (bm), 227.17 (3) (em), and 227.19 (3) (intro.) of the statutes, the renumbering and amendment of section 227.137 (2) of the statutes, and the creation of section 227.137 (2) (a) and (b) of the statutes first apply to a proposed administrative rule submitted to the legislature under section 227.19 (2) of the statutes, as affected by this act, on the effective date of this subsection.

AB389,28,19 (4) Gubernatorial approval of rules. The treatment of sections 227.135 (2), (3), (4), and (5), 227.185, and 227.24 (1) (e) 1d., 1g., and 1m. of the statutes first applies to a proposed rule whose statement of scope is published in the Wisconsin administrative register on the effective date of this subsection.

AB389,29,2 (5) Legislative approval or authorization of rules. The treatment of section 227.19 (2), (4) (b) 1. (intro.), 1m., 2., 2m., 3., 3m., 5., and 6., (c), (d) (intro.) and 7., and (e), (5) (a), (b) 1. (intro.), 1m., 2., 3., and 4., (c), (d), (dm), (e), (em), (f), (fm), and (g) (intro.), and (6) (a) (intro.), 1., and 4. of the statutes first applies to a proposed rule submitted to the legislature under section 227.19 (2) of the statutes, as affected by this act, on the effective date of this subsection.

AB389,29,3 (End)