AB389,22,1311 227.19 (5) (b) 3. If both committees to which a proposed rule is referred object
12to the proposed rule, each objection has a separate review period beginning on the
13date of its receipt by the joint committee for review of administrative rules.
AB389, s. 54 14Section 54. 227.19 (5) (b) 4. of the statutes, as affected by 2011 Wisconsin Act
1521
, is amended to read:
AB389,23,216 227.19 (5) (b) 4. If the joint committee for review of administrative rules has
17not concluded its jurisdiction over a proposed rule or a part of a proposed rule before
18the day specified under s. 13.02 (1) for the next legislature to convene, that
19jurisdiction immediately ceases and, within 10 working days after that date, the
20presiding officer of the appropriate house shall refer the proposed rule or part of the
21proposed rule
to the joint committee for review of administrative rules of the next
22legislature. If a committee review period is interrupted by the loss of jurisdiction
23under this subdivision, a new committee review period as provided in subd. 1. shall
24begin for the joint committee for review of administrative rules to which the proposed

1rule or part of the proposed rule is referred under this subdivision beginning on the
2date of referral under this subdivision.
AB389, s. 55 3Section 55. 227.19 (5) (c) of the statutes, as affected by 2011 Wisconsin Act 32,
4is amended to read:
AB389,23,155 227.19 (5) (c) Agency not to promulgate rule during joint committee review. An
6agency may not promulgate a proposed rule or a part of a proposed rule until to which
7a committee has objected unless
the joint committee for review of administrative
8rules nonconcurs in the objection action of the committee, concurs in the approval of
9the committee, otherwise approves the proposed rule or part of the proposed rule, or
10waives its jurisdiction over the proposed rule or part of the proposed rule under par.
11(d), until the expiration of the review period under par. (b) 1., if no committee has
12objected to the proposed rule or the part of the proposed rule,
under par. (d) or until
13a bill introduced under par. (e) fails to be enacted, or until a bill introduced under par.
14(em) is enacted
. An agency may promulgate any part of a proposed rule to which no
15objection has been made.
AB389, s. 56 16Section 56. 227.19 (5) (d) of the statutes, as affected by 2011 Wisconsin Act 32,
17is amended to read:
AB389,24,418 227.19 (5) (d) Joint committee action. The joint committee for review of
19administrative rules may nonconcur in a committee's objection to a proposed rule or
20a part of a proposed rule, concur in a committee's approval of a proposed rule or a part
21of a proposed rule, otherwise approve a proposed rule or a part of a proposed rule, or
22waive its jurisdiction over a proposed rule or a part of a proposed rule
by voting to
23nonconcur, concur, or approve, or to waive its jurisdiction, during the applicable
24review period under par. (b). Except as provided in par. (dm), if If the joint committee
25for review of administrative rules objects to a proposed rule or a part of a proposed

1rule
, an agency may not promulgate the proposed rule or part of the proposed rule
2objected to
until a bill introduced under par. (e) fails to be enacted. The joint
3committee for review of administrative rules may object to a proposed rule or a part
4of a proposed rule
only for one or more of the reasons specified under sub. (4) (d).
AB389, s. 57 5Section 57. 227.19 (5) (dm) of the statutes, as created by 2011 Wisconsin Act
632
, is repealed.
AB389, s. 58 7Section 58. 227.19 (5) (e) of the statutes, as affected by 2011 Wisconsin Act 32,
8is amended to read:
AB389,24,169 227.19 (5) (e) Bills to prevent promulgation. When the joint committee for
10review of administrative rules objects to a proposed rule or a part of a proposed rule
11under par. (d) it shall, within 30 days of the date of the objection, meet and take
12executive action regarding the introduction, in each house of the legislature, of a bill
13to support the objection. The joint committee shall introduce the bills within 5
14working days after taking executive action in favor of introduction of the bills unless
15the bills cannot be introduced during this time period under the joint rules of the
16legislature.
AB389, s. 59 17Section 59. 227.19 (5) (em) of the statutes, as created by 2011 Wisconsin Act
1832
, is repealed.
AB389, s. 60 19Section 60. 227.19 (5) (f) of the statutes, as affected by 2011 Wisconsin Act 21,
20is amended to read:
AB389,25,321 227.19 (5) (f) Timely introduction of bills; effect. If both bills required under par.
22(e) are defeated, or fail to be enacted in any other manner, the agency may
23promulgate the proposed rule or part of the proposed rule that was objected to. If
24either bill becomes law, the agency may not promulgate the proposed rule or part of
25the proposed rule
that was objected to unless a subsequent law specifically

1authorizes its promulgation. This paragraph applies to bills introduced on or after
2the day specified under s. 13.02 (1) for the legislature to convene and before February
31 of an even-numbered year.
AB389, s. 61 4Section 61. 227.19 (5) (fm) of the statutes, as created by 2011 Wisconsin Act
532
, is repealed.
AB389, s. 62 6Section 62. 227.19 (5) (g) (intro.) of the statutes, as affected by 2011 Wisconsin
7Act 21
, is amended to read:
AB389,25,208 227.19 (5) (g) Introduction of bills in next session; effect. (intro.) If the bills
9required under par. (e) are introduced on or after February 1 of an even-numbered
10year and before the next regular session of the legislature commences, as provided
11under s. 13.02 (2), or if the bills cannot be introduced during this time period under
12the joint rules of the legislature, the joint committee for review of administrative
13rules shall introduce the bills on the first day of the next regular session of the
14legislature, unless either house adversely disposes of either bill. If the joint
15committee for review of administrative rules is required to introduce the bills, the
16agency may not promulgate the proposed rule or part of the proposed rule to which
17the bills pertain except as provided in par. (f). If either house adversely disposes of
18either bill, the agency may promulgate the proposed rule or part of the proposed rule
19that was objected to. In this paragraph, "adversely disposes of" means that one house
20has voted in one of the following ways:
AB389, s. 63 21Section 63. 227.19 (6) (title) of the statutes, as affected by 2011 Wisconsin Act
2232
, is amended to read:
AB389,25,2323 227.19 (6) (title) Promulgation prevention or authorization procedure.
AB389, s. 64 24Section 64. 227.19 (6) (a) (intro.) of the statutes, as affected by 2011 Wisconsin
25Act 32
, is amended to read:
AB389,26,4
1227.19 (6) (a) (intro.) The legislature may not consider a bill required or
2permitted
under sub. (5) (e) or (em) until the joint committee for review of
3administrative rules has submitted a written report on the bill. The report shall be
4printed as an appendix to each bill and shall contain:
AB389, s. 65 5Section 65. 227.19 (6) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
621
, is amended to read:
AB389,26,87 227.19 (6) (a) 1. An explanation of the issue involving the proposed rule or part
8of the proposed rule
objected to and the factual situation out of which the issue arose.
AB389, s. 66 9Section 66. 227.19 (6) (a) 4. of the statutes, as affected by 2011 Wisconsin Act
1021
, is amended to read:
AB389,26,1311 227.19 (6) (a) 4. A statement and analysis of the grounds upon which the joint
12committee for review of administrative rules relies for objecting to the proposed rule
13or part of the proposed rule.
AB389, s. 67 14Section 67. 227.24 (1) (e) 1d. of the statutes, as affected by 2011 Wisconsin Act
1532
, is repealed.
AB389, s. 68 16Section 68. 227.24 (1) (e) 1g. of the statutes, as affected by 2011 Wisconsin Act
1732
, is repealed.
AB389, s. 69 18Section 69. 227.24 (1) (e) 1m. of the statutes, as affected by 2011 Wisconsin
19Act 21
, is renumbered 227.24 (1) (e) 1.
AB389, s. 70 20Section 70. 227.40 (1) of the statutes, as affected by 2011 Wisconsin Act 21,
21is amended to read:
AB389,27,1122 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review
23of the validity of a rule shall be an action for declaratory judgment as to the validity
24of the rule brought in the circuit court for the county where the party asserting the
25invalidity of the rule resides or has its principal place of business or, if that party is

1a nonresident or does not have its principal place of business in this state, in the
2circuit court for the county where the dispute arose
Dane County. The officer or other
3agency whose rule is involved shall be the party defendant. The summons in the
4action shall be served as provided in s. 801.11 (3) and by delivering a copy to that
5officer or, if the agency is composed of more than one person, to the secretary or clerk
6of the agency or to any member of the agency. The court shall render a declaratory
7judgment in the action only when it appears from the complaint and the supporting
8evidence that the rule or its threatened application interferes with or impairs, or
9threatens to interfere with or impair, the legal rights and privileges of the plaintiff.
10A declaratory judgment may be rendered whether or not the plaintiff has first
11requested the agency to pass upon the validity of the rule in question.
AB389, s. 71 12Section 71. 227.40 (6) of the statutes, as created by 2011 Wisconsin Act 21, is
13repealed.
AB389, s. 72 14Section 72. 801.50 (3) of the statutes, as affected by 2011 Wisconsin Act 21,
15is amended to read:
AB389,27,2016 801.50 (3) Except as provided in this subsection, all All actions in which the
17sole defendant is the state, any state board or commission, or any state officer,
18employee, or agent in an official capacity shall be venued in Dane County unless
19another venue is specifically authorized by law. All actions relating to the validity
20or invalidity of a rule shall be venued as provided in s. 227.40 (1).
AB389, s. 73 21Section 73. Initial applicability.
AB389,27,2222 (1) Declaratory judgment actions.
AB389,27,2523 (a) Venue in declaratory judgment actions. The treatment of sections 227.40
24(1) and 801.50 (3) of the statutes first applies to an action for declaratory judgment
25commenced on the effective date of this subsection.
AB389,28,3
1(b) Declaratory judgment orders. The treatment of sections 13.92 (4) (a), 35.93
2(4), and 227.40 (6) of the statutes first applies to an action commenced on the effective
3date of this subsection.
AB389,28,8 4(2) Rule-making authority; rules interpreting statutes. The renumbering
5and amendment of section 227.11 (2) (a) (intro.) of the statutes and the repeal of
6section 227.11 (2) (a) 1. to 3. of the statutes first apply to a proposed administrative
7rule submitted to the legislative council staff under section 227.15 of the statutes on
8the effective date of this subsection.
AB389,28,15 9(3) Economic impact reports. The treatment of sections 227.137 (title), (1), (3)
10(intro.), (a), (b), (c), (d), (e), and (f), (4), (5), and (6) (intro.), (a), (b), (c), (cm), (d), and
11(7), 227.14 (2) (a) 6., 227.15 (1) and (1m) (bm), 227.17 (3) (em), and 227.19 (3) (intro.)
12of the statutes, the renumbering and amendment of section 227.137 (2) of the
13statutes, and the creation of section 227.137 (2) (a) and (b) of the statutes first apply
14to a proposed administrative rule submitted to the legislature under section 227.19
15(2) of the statutes, as affected by this act, on the effective date of this subsection.
AB389,28,19 16(4) Gubernatorial approval of rules. The treatment of sections 227.135 (2),
17(3), (4), and (5), 227.185, and 227.24 (1) (e) 1d., 1g., and 1m. of the statutes first
18applies to a proposed rule whose statement of scope is published in the Wisconsin
19administrative register on the effective date of this subsection.
AB389,29,220 (5) Legislative approval or authorization of rules. The treatment of section
21227.19 (2), (4) (b) 1. (intro.), 1m., 2., 2m., 3., 3m., 5., and 6., (c), (d) (intro.) and 7., and
22(e), (5) (a), (b) 1. (intro.), 1m., 2., 3., and 4., (c), (d), (dm), (e), (em), (f), (fm), and (g)
23(intro.), and (6) (a) (intro.), 1., and 4. of the statutes first applies to a proposed rule

1submitted to the legislature under section 227.19 (2) of the statutes, as affected by
2this act, on the effective date of this subsection.
AB389,29,33 (End)
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