AB389: Bill Text

AB389,9,12 227.137 (title) Economic impact analyses reports of proposed rules.

AB389, s. 11 Section 11. 227.137 (1) of the statutes is created to read:

AB389,9,16 227.137 (1) In this section, "agency" means the departments of agriculture, trade, and consumer protection; safety and professional services; natural resources; transportation; and workforce development.

AB389, s. 12 Section 12. 227.137 (2) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (2) (intro.) and amended to read:

AB389,9,25 227.137 (2) (intro.) An 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 legislature for review under s. 227.19 (2), a municipality, an association that represents a farm, labor, business, or professional group, or 5 or more persons who would be directly and uniquely affected by the proposed rule may submit a petition to the department of administration asking the secretary of administration to direct the agency to prepare an economic impact report for the proposed rule. If the secretary of administration directs the agency to prepare an economic impact report for a proposed rule, the agency shall prepare an the economic impact analysis for a proposed rule report before submitting the proposed rule to the legislative council staff under s. 227.15. legislature for review under s. 227.19 (2). The secretary of administration shall direct an agency to prepare an economic impact report for a proposed rule before submitting the proposed rule to the legislature for review under s. 227.19 (2) if the secretary determines that all of the following apply:

AB389, s. 13 Section 13. 227.137 (2) (a) and (b) of the statutes are created to read:

AB389,10,12 227.137 (2) (a) The petition was submitted to the department of administration no later than 90 days after publication of the statement of the scope of the proposed rule under s. 227.135 (3) or no later than 10 days after publication of the notice for a public hearing under s. 227.17, whichever is later.

AB389,10,17 (b) The proposed rule would cost affected persons $20,000,000 or more during each of the first 5 years after the rule's implementation to comply with the rule or the proposed rule would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.

AB389, s. 14 Section 14. 227.137 (3) (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,11,7 227.137 (3) (intro.) An economic impact analysis report of a proposed rule shall contain information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units, and the state's economy as a whole. When preparing the analysis report, the agency shall solicit information and advice from the Wisconsin Economic Development Corporation and from businesses, associations representing businesses, local, governmental units, and individuals that may be affected by the proposed rule. The agency shall prepare the economic impact analysis in coordination with local governmental units that may be affected by the proposed rule. The agency may request information that is reasonably necessary for the preparation of an economic impact analysis report from other state agencies and from businesses, associations, local governmental units, and individuals and from other agencies. The economic impact analysis report shall include all of the following:

AB389, s. 15 Section 15. 227.137 (3) (a) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,11,15 227.137 (3) (a) An analysis and quantification of the policy problem, including any risks to public health or the environment, that the proposed rule is intending to address, including comparisons with the approaches used by the federal government and by Illinois, Iowa, Michigan, and Minnesota to address that policy problem and, if the approach chosen by the agency to address that policy problem is different from those approaches, a statement as to why the agency chose a different approach.

AB389, s. 16 Section 16. 227.137 (3) (b) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,11,22 227.137 (3) (b) An analysis and detailed quantification of the economic impact of the proposed rule, including the implementation and compliance costs that are reasonably expected to be incurred by or passed along to the state, businesses, local governmental units, and affected individuals that may be affected by the proposed rule.

AB389, s. 17 Section 17. 227.137 (3) (c) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,12,4 227.137 (3) (c) An analysis of the actual and quantifiable benefits of the proposed rule, including an assessment of how effective the proposed rule will be in addressing the policy problem how the rule reduces the risks and addresses the problems that the rule is intended to address.

AB389, s. 18 Section 18. 227.137 (3) (d) of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 19 Section 19. 227.137 (3) (e) of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 20 Section 20. 227.137 (3) (f) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB389, s. 21 Section 21. 227.137 (4) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,13,2 227.137 (4) On the same day that the agency submits the economic impact analysis to the legislative council staff under s. 227.15 (1), the The agency shall also submit that analysis the economic impact report to the legislative council staff under s. 227.15 (1), to the department of administration, to the governor, and to the chief clerks of each house of the legislature, who shall distribute the analysis to the presiding officers of their respective houses, to the chairpersons of the appropriate standing committees of their respective houses, as designated by those presiding officers, and to the cochairpersons of the joint committee for review of administrative rules. If a proposed rule is modified after the economic impact analysis is submitted under this subsection so that the economic impact of the proposed rule is significantly changed, the agency shall prepare a revised economic impact analysis for the proposed rule as modified. A revised economic impact analysis shall be prepared and submitted in the same manner as an original economic impact analysis is prepared and submitted and to the petitioner.

AB389, s. 22 Section 22. 227.137 (5) of the statutes is renumbered 227.137 (8).

AB389, s. 23 Section 23. 227.137 (6) (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (6) (a) (intro.) and amended to read:

AB389,13,14 227.137 (6) (a) (intro.) If an economic impact analysis report regarding a proposed rule indicates that a total of $20,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals as a result of the proposed rule is prepared under sub. (2), the department of administration shall review the proposed rule and issue a report. The agency may not submit a proposed rule to the legislature for review under s. 227.19 (2) until the agency receives a copy of the department's report and the approval of the secretary of administration. The report shall include all of the following findings:

AB389, s. 24 Section 24. 227.137 (6) (a) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (6) (a) 1. and amended to read:

AB389,13,19 227.137 (6) (a) 1. That the economic impact report and the analysis is required under sub. (3) are supported by related documentation contained or referenced in the economic impact analysis report.

AB389, s. 25 Section 25. 227.137 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (6) (a) 2.

AB389, s. 26 Section 26. 227.137 (6) (c) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (6) (a) 3.

AB389, s. 27 Section 27. 227.137 (6) (cm) of the statutes is created to read:

AB389,14,2 227.137 (6) (cm) No person is entitled to judicial review of any action taken by the department of administration under this subsection.

AB389, s. 28 Section 28. 227.137 (6) (d) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (6) (a) 4.

AB389, s. 29 Section 29. 227.137 (7) of the statutes, as affected by 2011 Wisconsin Act 21, is renumbered 227.137 (6) (bm) and amended to read:

AB389,14,13 227.137 (6) (bm) Before issuing a report under sub. (6) par. (a), the department of administration may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is being 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 secretary of administration shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule.

AB389, s. 30 Section 30. 227.14 (2) (a) 6. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,14,19 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency used in support of the agency's determination of the rule's effect on small businesses under s. 227.114 or that was used when the agency prepared an economic impact analysis report under s. 227.137 (3).

AB389, s. 31 Section 31. 227.15 (1) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,15,8 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19, an agency shall submit the proposed rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3), and (4), the economic impact analysis required under s. 227.137 (2), and any revised economic impact analysis required under s. 227.137 (4). An agency may not hold a public hearing on a proposed rule or give notice under s. 227.19 until after it has received a written report of the legislative council staff review of the proposed rule or until after the initial review period of 20 working days under sub. (2) (intro.), whichever comes first. An agency may give notice of a public hearing prior to receipt of the legislative council staff report. This subsection does not apply to rules promulgated under s. 227.24.

AB389, s. 32 Section 32. 227.15 (1m) (bm) of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 33 Section 33. 227.17 (3) (em) of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 34 Section 34. 227.185 of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 35 Section 35. 227.19 (2) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,16,6 227.19 (2) Notification of legislature. An agency shall submit a notice to the 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 the last day of the legislature's final general-business floorperiod in the biennial session as established in the joint resolution required under s. 13.02 (3) September 1 of an even-numbered year shall be considered received on the first day of the next regular session of the legislature, unless the presiding officers of both houses direct referral of the notice and report under this subsection before that day. The presiding officer of each house of the legislature shall, within 10 working days following the day on which the notice and report are received, direct the appropriate chief clerk to refer the notice and report to one standing committee. The agency shall submit to the legislative reference bureau for publication in the register a statement that a proposed rule has been submitted to the chief clerk of each house of the legislature. Each chief clerk shall enter a similar statement in the journal of his or her house.

AB389, s. 36 Section 36. 227.19 (3) (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,16,17 227.19 (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), (3), and (4), a copy of any economic impact analysis report prepared by the agency under s. 227.137 (2), a copy of any revised economic impact analysis prepared by the agency under s. 227.137 (4), a copy of any report prepared by the department of administration under s. 227.137 (6), 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. The report shall also include all of the following:

AB389, s. 37 Section 37. 227.19 (4) (b) 1. (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,16,25 227.19 (4) (b) 1. (intro.) Except as provided under subds. 1m. and subd. 5., the committee review period for each committee extends for 30 days after referral of the proposed rule to the committee 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 30-day review period would have expired:

AB389, s. 38 Section 38. 227.19 (4) (b) 1m. of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 39 Section 39. 227.19 (4) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,17,13 227.19 (4) (b) 2. If a committee, by a majority vote of a quorum of the committee, requests modifications in a proposed rule, and the agency, in writing, agrees to consider making modifications, the review period for both committees to which the proposed rule is referred is extended either to the 10th working day following receipt by those committees of the modified proposed rule or a written statement to those committees that the agency will not make the modifications or to the expiration of the review period under subd. 1. or, if applicable, subd. 1m., 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.

AB389, s. 40 Section 40. 227.19 (4) (b) 2m. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,18,2 227.19 (4) (b) 2m. If a committee requests in writing that the public service commission determine the rule's impact on the cost or reliability of electricity generation, transmission, or distribution or of fuels used in generating electricity, the commission shall prepare an energy impact report in the manner provided under s. 227.117 (1). The commission shall submit a copy of the report to the committee and to the agency that proposed the rule within 30 days after the written request is submitted to the commission. The review period for both committees to which the proposed rule is referred is extended to the 10th working day following receipt by those committees of the report, to the expiration of the review period under subd. 1. or, if applicable, subd. 1m., or to the expiration of the review period under subd. 2., whichever is later.

AB389, s. 41 Section 41. 227.19 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,18,14 227.19 (4) (b) 3. An agency may, on its own initiative, submit a germane modification to a proposed rule to a committee during its review period. If a germane modification is submitted within the final 10 days of a committee review period under subd. 1., the review period for both committees to which the proposed rule is referred is extended for 10 working days. If a germane modification is submitted to a committee after the committee in the other house has concluded its jurisdiction over the proposed rule, the jurisdiction of the committee of the other house is revived for 10 working days. In this subdivision, an agency's proposal to delete part of a proposed rule under committee review shall be treated as a germane modification of the proposed rule.

AB389, s. 42 Section 42. 227.19 (4) (b) 3m. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,18,23 227.19 (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, the agency 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. or, if applicable, subd. 1m. shall begin again.

AB389, s. 43 Section 43. 227.19 (4) (b) 5. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,19,8 227.19 (4) (b) 5. If a committee in one house votes to object to a proposed rule or to a part of the proposed rule under par. (d), the chairperson or cochairpersons of the committee shall immediately notify the chairperson or cochairpersons of the committee in the other house to which the proposed rule was referred. Upon receipt of the notice, the review period for the committee in the other house immediately ceases and no further action on the proposed rule or part of the proposed rule objected to may be taken under this paragraph by that committee, but the committee may proceed under par. (d) to object to the proposed rule or part of the proposed rule.

AB389, s. 44 Section 44. 227.19 (4) (b) 6. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,19,20 227.19 (4) (b) 6. If a committee 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 appropriate standing committee of the next legislature as provided under sub. (2). 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 committee 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. 45 Section 45. 227.19 (4) (c) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,20,4 227.19 (4) (c) Waiver of Agency not to promulgate rule during committee review. An agency may not promulgate a proposed rule during the committee review period unless both committees to which the proposed rule is referred waive jurisdiction over the proposed rule prior to the expiration of the review period. A committee may waive its jurisdiction over a proposed rule prior to the expiration of the committee review period by adopting, by a majority vote of a quorum of the committee, a motion waiving the committee's jurisdiction.

AB389, s. 46 Section 46. 227.19 (4) (d) (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,20,10 227.19 (4) (d) Committee action. (intro.) A committee, by a majority vote of a quorum of the committee during the applicable review period under par. (b), may object to a proposed rule or to a part of a proposed rule for one or more of the following reasons:

AB389, s. 47 Section 47. 227.19 (4) (d) 7. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

AB389, s. 48 Section 48. 227.19 (4) (e) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,20,21 227.19 (4) (e) Conclusion of committee jurisdiction Part of a proposed rule. Subject to par. (b) 3., a committee's jurisdiction over An agency may promulgate any part of a proposed rule is concluded when the that is not objected to by a committee objects to, approves, or waives its jurisdiction over the proposed rule or when the committee review period ends, whichever occurs first. When a committee's jurisdiction over a proposed rule is concluded, the committee shall report the proposed rule and any objection as provided in sub. (5) (a).

AB389, s. 49 Section 49. 227.19 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,21,5 227.19 (5) (a) Referral. When a committee's jurisdiction over a proposed rule is concluded as provided in sub. (4) (e) If a committee objects to a proposed rule, the committee shall report the proposed rule and any the objection to the chief clerk of the appropriate house within 5 working days after that jurisdiction is concluded making the objection. The chief clerk shall refer the proposed rule and any the objection to the joint committee for review of administrative rules within 5 working days after receiving the committee report.

AB389, s. 50 Section 50. 227.19 (5) (b) 1. (intro.) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,21,20 227.19 (5) (b) 1. (intro.) Except as provided in subd. 1m., the The review period for the joint committee for review of administrative rules extends for 30 days after the last referral of a proposed rule and any objection are referred to that committee, and during that review period that committee may take any action on the proposed rule in whole or in part permitted under this subsection. The joint committee for review of administrative rules shall meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which a committee has objected and may meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which no committee has objected, 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 30-day review period would have expired:

AB389, s. 51 Section 51. 227.19 (5) (b) 1m. of the statutes, as created by 2011 Wisconsin Act 21, is repealed.

AB389, s. 52 Section 52. 227.19 (5) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB389,22,9 227.19 (5) (b) 2. If the joint committee for review of administrative rules, by a majority vote of a quorum of the committee, requests modifications in a proposed rule, and the agency, in writing, agrees to consider making modifications, the review period for the joint committee 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 the modifications or to the expiration of the review period under subd. 1. or, if applicable, subd. 1m., 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.

AB389, s. 53 Section 53. 227.19 (5) (b) 3. of the statutes is created to read:

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: