AB251,12 3Section 12. 227.11 (2) (e) of the statutes is renumbered 227.22 (4).
AB251,13 4Section 13. 227.114 (6) of the statutes is amended to read:
AB251,9,155 227.114 (6) When an agency, under s. 227.20 (1), files with the legislative
6reference bureau a rule that is subject to this section, the
An agency shall include
7with the a rule filed with the legislative reference bureau under s. 227.20 (1) a
8summary of the any analysis prepared under s. 227.19 (3) (e) if required and a
9summary of the comments of the legislative standing committees, if any. If, under
10s. 227.19 (3m),
the rule does not require the analysis under s. 227.19 (3) (e), the
11agency shall include with the rule a the small business regulatory review board's
12statement of the reason for the small business regulatory review board's its
13determination that the rule will not have a significant an economic impact on a
14substantial number of
small businesses. The legislative reference bureau shall
15publish the any summaries or the statement in the register with the rule.
AB251,14 16Section 14. 227.12 (4) of the statutes is amended to read:
AB251,9,2517 227.12 (4) If a petition to the department of revenue establishes that the
18department has established a standard by which it is construing a state tax statute,
19but has not promulgated a rule to adopt the standard or published the standard in
20a manner that is available to the public, the department shall, as provided under s.
21227.135, submit a statement of the scope of the proposed rule to the governor office
22of business development
no later than 90 days after receiving the petition. No later
23than 270 days after the statement is approved by the governor, the department shall
24submit the proposed rule in final draft form to the office of business development for
25review by the office of business development and approval by
the governor for the

1governor's approval,
as provided under s. 227.185 (1). At the department's request,
2the governor office of business development may, at any time prior to the expiration
3of any deadline specified in this subsection, extend the time for submitting the
4statement or proposed rule in draft form for any period not to exceed 60 days. The
5governor may grant more than one extension under this subsection, but the total
6period for all such extensions may not exceed
120 days. The office may only grant
7one extension under this subsection.
The rule need not adhere to the standard
8established by the department, but shall address the same circumstances as the
9standard addresses. If the department fails to comply with this subsection, any of
10the petitioners may commence an action in circuit court to compel the department's
11compliance. If an action is commenced under this subsection, the court may compel
12the department to provide information to the court related to the degree to which the
13department is enforcing the standard, except that the information provided by the
14department shall not disclose the identity of any person who is not a party to the
15action.
AB251,15 16Section 15. 227.13 of the statutes is amended to read:
AB251,10,23 17227.13 Advisory committees and informal consultations. An agency may
18shall, when possible, use informal conferences and consultations to obtain the
19viewpoint and advice of interested persons, the office of business development, or
20members of the small business regulatory review board
with respect to contemplated
21rule making. An agency also may appoint a committee of experts, interested persons,
22or representatives of the public to advise it with respect to any contemplated rule
23making. The Such a committee shall have advisory powers only.
AB251,16 24Section 16. 227.135 (1) (intro.) of the statutes is amended to read:
AB251,11,4
1227.135 (1) (intro.) An agency shall prepare a statement of the scope of any rule
2that it plans to promulgate, which shall be approved by the individual or body with
3policy-making powers over the subject matter of the proposed rule
. The statement
4shall include all of the following:
AB251,17 5Section 17. 227.135 (2) of the statutes is amended to read:
AB251,11,236 227.135 (2) An agency that has prepared a statement of the scope of the
7proposed rule shall present the statement to the governor and to the individual or
8body with policy-making powers over the subject matter of the proposed rule for
9approval
office of business development. The office of business development shall
10make a determination as to the agency's authority to promulgate the rule as proposed
11in the statement of scope and shall report the statement of scope and its
12determination to the governor who, in his or her discretion, may approve or reject the
13statement of scope
. The agency may not send the statement to the legislative
14reference bureau for publication under sub. (3) until the governor issues a written
15notice of approval of the statement. The individual or body with policy-making
16powers may not approve the statement until at least 10 days after publication of the
17statement under sub. (3). No
Except for an activity required to draft a corresponding
18emergency rule under s. 227.24, no
state employee or official may perform any
19activity in connection with the drafting of a proposed rule except for an activity
20necessary to prepare the statement of the scope of the proposed rule until the
21governor and the individual or body with policy-making powers over the subject
22matter of the proposed rule approve
approves the statement and the preliminary
23public hearing and comment period required under s. 227.136 are both concluded
.
AB251,18 24Section 18. 227.136 of the statutes is created to read:
AB251,12,10
1227.136 Preliminary public hearing and comment period. (1) Following
2approval of a statement of scope by the governor under s. 227.135 (2), other than a
3revised statement of scope prepared under s. 227.135 (4), the agency shall submit to
4the legislative reference bureau, in a format approved by the legislative reference
5bureau, a notice of a preliminary public hearing and comment period to allow for
6public comment and feedback on the statement of scope. The agency may also take
7any other action it considers necessary to provide notice of the preliminary public
8hearing and comment period to other interested persons. The notice shall be
9approved by the individual or body with policy-making powers over the subject
10matter of the proposed rule and shall include all of the following:
AB251,12,1111 (a) A statement of the date, time, and place of the preliminary public hearing.
AB251,12,1312 (b) The place where comments on the statement of scope should be submitted
13and the deadline for submitting those comments
AB251,12,17 14(2) The agency shall hold the preliminary public hearing and comment period
15in accordance with the notice required under sub. (1), but the agency may not hold
16the hearing sooner than the 3rd day after after publication of the notice in the
17register. The agency shall hold the hearing in accordance with s. 227.18.
AB251,12,20 18(3) Failure of any person to receive notice of a preliminary public hearing as
19provided in this section is not grounds for invalidating any resulting rule if notice of
20the hearing was published in the register in accordance with s. 35.93 (2) (b) 3. bm.
AB251,19 21Section 19. 227.137 (3) (intro.), (a) and (b) of the statutes are amended to read:
AB251,13,922 227.137 (3) (intro.) An economic impact analysis of a proposed rule shall
23contain information on the economic effect of the proposed rule on specific
24businesses, business sectors, public utility ratepayers, local governmental units,
25regulated individuals and entities, and the state's economy as a whole. When The

1agency or person
preparing the analysis, the agency shall solicit information and
2advice from businesses, associations representing businesses, local governmental
3units, and individuals that may be affected by the proposed rule. The agency or
4person
shall prepare the economic impact analysis in coordination with local
5governmental units that may be affected by the proposed rule. The agency or person
6may also request information that is reasonably necessary for the preparation of an
7economic impact analysis from other businesses, associations, local governmental
8units, and individuals and from other agencies. The economic impact analysis shall
9include all of the following:
AB251,13,1610 (a) An analysis and quantification of the policy problem that the proposed rule
11is intending to address, including comparisons with the approaches used by the
12federal government and by Illinois, Iowa, Michigan, and Minnesota to address that
13policy problem and, if. If the approach chosen by the agency to address that policy
14problem is different from those approaches, an economic impact analysis prepared
15by an agency shall include
a statement as to why the agency chose a different
16approach.
AB251,13,2517 (b) An analysis and detailed quantification of the economic impact of the
18proposed rule, including the implementation and compliance costs that are
19reasonably expected to be incurred by or passed along to the businesses, local
20governmental units, and individuals that may be affected by the proposed rule,
21specifically including a determination, for purposes of the requirement under s.
22227.139, as to whether $10 million or more in implementation and compliance costs
23are reasonably expected to be incurred by or passed along to businesses, local
24governmental units, and individuals over any 2-year period as a result of the
25proposed rule
.
AB251,20
1Section 20. 227.137 (3m) of the statutes is created to read:
AB251,14,202 227.137 (3m) The secretary of revenue shall review each agency's initial
3economic impact analysis prepared under sub. (2) and determine whether the data
4used by the agency in preparing the analysis are appropriate for determining the
5economic impact of the proposed rule and whether the analysis accurately gauges the
6economic impact of the proposed rule. If the secretary determines that the agency's
7analysis does not accurately gauge the economic impact of the proposed rule, the
8secretary shall recommend any modifications to the economic impact analysis that
9the secretary considers necessary and direct the agency to prepare a revised
10economic impact analysis as provided in sub. (4). An agency may not submit a
11proposed rule for approval under s. 227.185 unless the secretary of revenue has
12approved the agency's initial economic impact analysis or, if the agency prepares a
13revised economic impact analysis as required under this subsection, unless the
14secretary of revenue has approved the agency's revised economic impact analysis.
15The secretary of revenue shall similarly review and approve any revised economic
16impact analysis submitted under s. 227.139 (1) (b). The secretary of revenue may
17approve an economic impact analysis only upon determining that the economic
18impact analysis accurately gauges the economic impact of the proposed rule. The
19secretary of revenue shall, upon approving an economic impact analysis, submit a
20statement indicating that approval to the agency.
AB251,21 21Section 21. 227.137 (4) of the statutes is amended to read:
AB251,15,922 227.137 (4) On the same day that the agency submits the economic impact
23analysis to the legislative council staff under s. 227.15 (1), the agency shall also
24submit that analysis to the department of administration, to the governor, the
25secretary of revenue,
and to the chief clerks of each house of the legislature, who shall

1distribute the analysis to the presiding officers of their respective houses, to the
2chairpersons of the appropriate standing committees of their respective houses, as
3designated by those presiding officers, and to the cochairpersons of the joint
4committee for review of administrative rules. If a proposed rule is modified after the
5economic impact analysis is submitted under this subsection so that the economic
6impact of the proposed rule is significantly changed, the agency shall prepare a
7revised economic impact analysis for the proposed rule as modified. A revised
8economic impact analysis shall be prepared and submitted in the same manner as
9an original economic impact analysis is prepared and submitted.
AB251,22 10Section 22. 227.137 (4m) of the statutes is created to read:
AB251,15,1511 227.137 (4m) (a) After an agency submits an economic impact analysis for a
12proposed rule to the legislature under sub. (4), but before the agency submits the
13proposed rule for approval under s. 227.185 (1), the secretary of revenue or either
14cochairperson of the joint committee for review of administrative rules may request
15an independent economic impact analysis to be prepared for the proposed rule.
AB251,15,2416 (b) 1. If the secretary of revenue requests an independent economic impact
17analysis under par. (a), the secretary shall submit the request to the department of
18administration and so notify the agency proposing the proposed rule. The
19department of administration shall contract with a person that is not an agency to
20prepare the independent economic impact analysis. If a cochairperson of the joint
21committee for review of administrative rules requests an independent economic
22impact analysis under par. (a), the cochairperson shall notify the agency proposing
23the proposed rule and shall contract with a person that is not an agency to prepare
24the independent economic impact analysis.
AB251,16,9
12. Upon completion of an independent economic impact analysis requested by
2the secretary of revenue, the person preparing the analysis may submit a request to
3the department of administration for reimbursement of its actual and necessary
4costs of completing the analysis, and the department of administration shall assess
5the agency that is proposing the proposed rule for those costs. The department of
6administration shall credit all moneys received under this subdivision to the
7appropriation account under s. 20.505 (1) (ks) and shall reimburse a person who
8submits a request for reimbursement under this subdivision from the appropriation
9account under s. 20.505 (1) (ks).
AB251,16,1510 3. Upon completion of an independent economic impact analysis requested by
11a cochairperson of the joint committee for review of adminstrative rules, the person
12preparing the analysis may submit a request to the committee for reimbursement of
13its actual and necessary costs of completing the analysis. The committee shall
14reimburse a person who submits a request for reimbursement under this subdivision
15in equal parts from the appropriation accounts under s. 20.765 (1) (a) and (b).
AB251,16,1716 (c) A person preparing an independent economic impact analysis under par. (b)
17shall do all of the following:
AB251,16,1818 1. Include in the analysis the information that is required under sub. (3).
AB251,16,2519 2. Upon completion of the analysis, submit the analysis to the agency, to the
20department of administration, to the secretary of revenue, to the office of business
21development, to the governor, and to the chief clerks of each house of the legislature,
22who shall distribute the analysis to the presiding officers of their respective houses,
23to the chairpersons of the appropriate standing committees of their respective
24houses, as designated by those presiding officers, and to the cochairpersons of the
25joint committee for review of administrative rules.
AB251,17,2
13. Complete the independent economic impact analysis within 60 days after
2contracting to prepare the analysis.
AB251,17,53 (d) When an independent economic impact analysis is requested under par. (a),
4the agency may not submit the proposed rule for approval under s. 227.185 (1) until
5the agency receives the completed independent economic impact analysis.
AB251,23 6Section 23 . 227.137 (6) and (7) of the statutes are repealed.
AB251,24 7Section 24. 227.139 of the statutes is created to read:
AB251,17,16 8227.139 Passage of bill required for certain rules. (1) If an economic
9impact analysis prepared under s. 227.137 (2), a revised economic impact analysis
10prepared under s. 227.137 (4), or an independent economic impact analysis prepared
11under s. 227.137 (4m) or 227.19 (5) (b) 3. indicates that $10 million or more in
12implementation and compliance costs are reasonably expected to be incurred by or
13passed along to businesses, local governmental units, and individuals over any
142-year period as a result of the proposed rule, the agency proposing the rule shall
15stop work on the proposed rule and take no further action regarding the proposed
16rule, except that the agency shall do one of the following:
AB251,17,2117 (a) Submit a request to the joint committee for review of administrative rules
18for the committee to introduce a bill authorizing promulgation of the proposed rule.
19The committee may, in its discretion, introduce such a bill authorizing promulgation
20of the proposed rule. The agency may resume the rule-making process as provided
21in this subchapter upon enactment of a bill introduced under this paragraph.
AB251,18,722 (b) Modify the proposed rule, if the modification is germane to the subject
23matter of the proposed rule, to address the implementation and compliance costs of
24the proposed rule. If the agency modifies a proposed rule under this paragraph, the
25agency shall prepare a revised economic impact analysis under s. 227.137 (4) and

1submit the revised economic impact analysis to the secretary of revenue for approval
2under s. 227.137 (3m). If the revised economic impact analysis, as approved by the
3secretary of revenue, indicates that $10 million or more in implementation and
4compliance costs are not reasonably expected to be incurred by or passed along to
5businesses, local governmental units, and individuals over any 2-year period as a
6result of the proposed rule, the agency may continue with the rule-making process
7as provided in this subchapter.
AB251,18,88 (c) Withdraw the proposed rule as provided in s. 227.14 (6).
AB251,18,9 9(2) This section does not apply to rules promulgated under s. 227.24.
AB251,25 10Section 25. 227.14 (2) (a) 3m. of the statutes is created to read:
AB251,18,1511 227.14 (2) (a) 3m. A summary of any public comments and feedback on the
12statement of scope of the proposed rule that the agency received at the preliminary
13public hearing and comment period under s. 227.136 and a description of how and
14to what extent the agency took those comments and that feedback into account in
15drafting the proposed rule.
AB251,26 16Section 26. 227.14 (2g) (title) of the statutes is amended to read:
AB251,18,1817 227.14 (2g) (title) Review by the office of business development and small
18business regulatory review board.
AB251,27 19Section 27. 227.14 (2g) (intro.) of the statutes is renumbered 227.14 (2g) (am)
20and amended to read:
AB251,19,821 227.14 (2g) (am) On the same day that an agency submits a proposed rule to
22the legislative council staff under s. 227.15 a proposed rule that may have an
23economic impact on small businesses
, the agency shall submit the proposed rule, the
24analysis required under sub. (2), and a description of its actions taken to comply with
25s. 227.114 (2) and (3) to the small business regulatory review board. The office of

1business development, which shall make a determination as to whether the proposed
2rule may have an economic impact on small businesses, as defined in s. 227.114 (1).
3The office shall, when appropriate consult with individual members of the small
4business regulatory review board in making that determination and shall report its
5determination to the agency. If the office of business development determines that
6the proposed rule may have an economic impact on small businesses, it shall submit
7the proposed rule to the small business regulatory review board for an assessment
8of the extent of the economic impact.
AB251,20,4 9(bm) In making an assessment required under par. (am), the small business
10regulatory review
board may use cost-benefit analysis to determine the fiscal effect
11of the rule on small businesses and shall determine whether the proposed rule will
12have a significant an economic impact on a substantial number of small businesses
13and whether the agency has complied with subs. (2) and (2m) and s. 227.114 (2) and
14(3). Except as provided in subs. (1m) and (1s), each proposed rule shall include
15provisions detailing how the rule will be enforced. If the board determines that the
16rule does not include an enforcement provision or that the agency failed to comply
17with sub. (2) or (2m) or s. 227.114 (2) or (3), the board shall notify the agency of that
18determination and ask the agency to comply with any of those requirements. If the
19board determines that the proposed rule will not have a significant an economic
20impact on a substantial number of small businesses, the board shall submit to the
21agency
a statement to that effect to the agency that sets forth, which shall include
22the reason for the board's decision determination. If the board determines that the
23proposed rule will have a significant an economic impact on a substantial number
24of
small businesses, the board may submit to the agency suggested changes in the
25proposed rule to minimize the any negative economic impact of the proposed rule, or

1may recommend the withdrawal of the proposed rule under sub. (6). In addition, the
2board may submit other suggested changes in the proposed rule to the agency,
3including proposals to reduce the use of cross-references in the rule. The submission
4to the agency may also include a request that the agency do any of the following:
AB251,20,11 5(d) The small business regulatory review board shall send a report of any
6suggested changes and of any notice of failure to include enforcement provisions or
7to comply with sub. (2) or (2m) or s. 227.114 (2) or (3)
a copy of any submission under
8this subsection to the legislative reference bureau for publication in the register, in
9an electronic format approved by the legislative reference bureau, and
to the
10legislative council staff. The notification to the agency may include a request that
11the agency do any of the following:
AB251,28 12Section 28. 227.14 (2g) (a) and (b) of the statutes are renumbered 227.14 (2g)
13(bm) 1. and 2.
AB251,29 14Section 29. 227.14 (2g) (c) of the statutes is created to read:
AB251,20,2215 227.14 (2g) (c) The small business regulatory review board shall make a
16submission to an agency under this subsection within 45 days after receipt of a
17proposed rule from the office of business development, except that the board and the
18agency may extend that period by mutual agreement. The agency may not submit
19the proposed rule for approval under s. 227.185 (1) until the agency receives the
20board's submission or until the expiration of that period, whichever occurs first. If,
21upon the expiration of that period, the agency has not received any submission from
22the board, the agency is not required to comply with s. 227.19 (3) (e).
AB251,30 23Section 30. 227.14 (2m) of the statutes is amended to read:
AB251,21,624 227.14 (2m) Quality of agency data and reduction of cross references. Each
25agency shall, in cooperation with the department of administration, the office of

1business development, and the secretary of revenue,
ensure the accuracy, integrity,
2objectivity, and consistency of the data that is used when preparing a proposed rule
3and when completing an analysis of the proposed rule under sub. (2). Each agency
4shall reduce the amount of cross-references to the statutes in proposed and final
5rules. A person affected by a proposed rule may submit comments to the agency
6regarding the accuracy, integrity, or consistency of that data.
AB251,31 7Section 31. 227.14 (4m) of the statutes is amended to read:
AB251,22,28 227.14 (4m) Notice of submittal to legislative council staff. On the same
9day that an agency submits a proposed rule to the legislative council staff under s.
10227.15, the agency shall prepare a written notice of the agency's submittal to the
11legislative council staff. The notice shall include a statement of the date on which
12the proposed rule has been submitted to the legislative council staff for review, of the
13subject matter of the proposed rule, and of whether a public hearing on the proposed
14rule is required under s. 227.16, and shall identify the organizational unit within the
15agency that is primarily responsible for the promulgation of the rule. The notice
16shall also include a statement containing the identifying number of the statement
17of scope for the proposed rule assigned under s. 227.135 (3), and the date of
18publication and issue number of the register in which the statement of scope is
19published, and the date of approval of the statement of scope by the individual or
20body with policy-making powers over the subject matter of the proposed rule under
21s. 227.135 (2)
. The notice shall be approved by the individual or body with
22policy-making powers over the subject matter of the proposed rule. The agency shall
23send an electronic copy of the notice to the legislative reference bureau, in a format
24approved by the legislative reference bureau, for publication in the register. On the

1same day that the agency sends the notice to the legislative reference bureau, the
2agency shall send a copy of the notice to the secretary of administration.
AB251,32 3Section 32. 227.15 (1) of the statutes is amended to read:
AB251,22,164 227.15 (1) Submittal to legislative council staff. Prior to a public hearing
5on a proposed rule required under s. 227.16 or, if no such public hearing is required,
6prior to notice under s. 227.19, an agency shall submit the proposed rule to the
7legislative council staff for review. The proposed rule shall be in the form required
8under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3),
9and (4), the economic impact analysis required under s. 227.137 (2), and any revised
10economic impact analysis required under s. 227.137 (4). An agency may not hold a
11public hearing on a proposed rule or give notice under s. 227.19 until after it has
12received a written report of the legislative council staff review of the proposed rule
13or until after the initial review period of 20 working days under sub. (2) (intro.),
14whichever comes first. An agency may give notice of a public hearing prior to receipt
15of the legislative council staff report. This subsection does not apply to rules
16promulgated under s. 227.24.
AB251,33 17Section 33. 227.15 (1m) (intro.) of the statutes is amended to read:
AB251,23,218 227.15 (1m) Internet access to proposed rule. (intro.) The legislative council
19staff shall create and maintain an Internet site that includes a copy of or link to each
20proposed rule received under sub. (1) in a format that allows searching using
21keywords. Each agency shall provide the legislative council staff with the proposed
22rules and other information needed to comply with this subsection in the format
23required by the legislative council staff. The Internet site shall identify or provide
24a link to a site that identifies proposed rules affecting small businesses, as defined

1in s. 227.114 (1). The Internet site shall also
include or provide a link to all of the
2following:
AB251,34 3Section 34. 227.15 (1m) (bm) of the statutes is amended to read:
AB251,23,64 227.15 (1m) (bm) The economic impact analysis required under s. 227.137 (2)
5and, any revised economic impact analysis required under s. 227.137 (4), and any
6independent economic impact analysis prepared under s. 227.137 (4m)
.
AB251,35 7Section 35. 227.15 (1m) (c) of the statutes is amended to read:
AB251,23,98 227.15 (1m) (c) Any report submitted submission to the legislative council staff
9under s. 227.14 (2g).
AB251,36 10Section 36. 227.15 (4) of the statutes is amended to read:
AB251,23,1911 227.15 (4) Notice of changes in rule-making authority. Whenever the
12rule-making authority of an agency is eliminated or significantly changed by the
13repeal, amendment, or creation of a statute, by the interpretive decision of a court
14of competent jurisdiction or for any other reason, the legislative council staff shall
15notify the joint committee for review of administrative rules and, the appropriate
16committees of each house of the legislature as determined by the presiding officer of
17each house, and the office of business development. This subsection applies whether
18or not the rules of the agency are under review by the legislative council staff at the
19time of the change in rule-making authority.
AB251,37 20Section 37. 227.16 (1) of the statutes is amended to read:
AB251,23,2421 227.16 (1) Except as provided under sub. (2) In addition to the preliminary
22public hearing and comment period required under s. 227.136
, all rule making by an
23agency shall be preceded by notice and public hearing as provided in ss. 227.17 and
24227.18, except as provided in sub. (2).
AB251,38 25Section 38. 227.16 (2) (d) of the statutes is amended to read:
AB251,24,3
1227.16 (2) (d) The proposed rule is being promulgated at the direction of the
2joint committee for review of administrative rules or the office of business
3development
under s. 227.26 (2) (b) 227.10 (1m).
AB251,39 4Section 39. 227.16 (6) of the statutes is renumbered 227.136 (4) and amended
5to read:
AB251,24,116 227.136 (4) For the purpose of soliciting public comment, an agency may, in
7addition to the preliminary public hearing and comment period required under this
8section,
hold a hearing on the general subject matter of possible or anticipated rules
9before preparing a proposed rule in draft form. A hearing held under this subsection
10does not satisfy the requirement of sub. under s. 227.16 (1) with respect to the
11promulgation of a specific proposed rule.
AB251,40 12Section 40. 227.17 (1) (intro.) of the statutes is amended to read:
AB251,24,1413 227.17 (1) (intro.) If a hearing is required under s. 227.16, the agency shall do
14all of the following
:
AB251,41 15Section 41. 227.17 (3) (eg) of the statutes is created to read:
AB251,24,1716 227.17 (3) (eg) Any independent economic impact analysis prepared under s.
17227.137 (4m).
AB251,42 18Section 42. 227.17 (3) (em) of the statutes is repealed.
AB251,43 19Section 43. 227.17 (3) (f) of the statutes is amended to read:
AB251,24,2520 227.17 (3) (f) If the proposed rule will have an effect on small businesses, as
21defined under s. 227.114 (1), an initial regulatory flexibility analysis, which shall
22contain a
A description of the types of small businesses that will the agency
23determines may
be affected by the rule, a brief description of the proposed reporting,
24bookkeeping, and other procedures required for compliance with the rule, and a
25description of the types of professional skills necessary for compliance with the rule.
AB251,44
1Section 44. 227.185 (title) of the statutes is amended to read:
AB251,25,3 2227.185 (title) Approval Submission to office of business development;
3approval
by governor.
AB251,45 4Section 45. 227.185 of the statutes is renumbered 227.185 (1) and amended
5to read:
AB251,25,176 227.185 (1) After a proposed rule is in final draft form, the agency shall submit
7the proposed rule to the governor for approval office of business development, which
8shall make a determination as to the agency's authority to promulgate the proposed
9rule
. The office of business development shall report the proposed rule and its
10determination to the
governor, who, in his or her discretion, may approve or reject
11the proposed rule. If the governor approves a proposed rule, the governor shall
12provide the agency with a written notice of that approval accompanied by a copy of
13the determination of the office of business development
. No proposed rule may be
14submitted to the legislature for review under s. 227.19 (2) unless the governor has
15approved the proposed rule in writing. The agency shall notify the secretary of
16revenue and the joint committee for review of administrative rules whenever it
17submits a proposed rule for approval under this subsection.
AB251,46 18Section 46. 227.185 (2) of the statutes is created to read:
AB251,26,219 227.185 (2) (a) If an agency makes a germane modification to a proposed rule
20at any time during the legislative review process under s. 227.19, the agency shall
21submit the modification to the governor for approval. The governor, in his or her
22discretion, may approve or reject the modification. If the governor approves a
23modification, he or she shall provide the agency with a written notice of that
24approval. If the governor does not approve the modification, the agency may not

1promulgate the proposed rule, except that the agency may resubmit the proposed
2rule to the legislature as provided in s. 227.19 without the modification.
AB251,26,43 (b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm)
4applies.
AB251,47 5Section 47. 227.19 (2) of the statutes is amended to read:
AB251,26,226 227.19 (2) Notification of legislature. An agency shall submit a notice to the
7chief clerk of each house of the legislature when a proposed rule is in final draft form.
8The notice shall be submitted in triplicate and shall be accompanied by a report in
9the form specified under sub. (3). A notice received under this subsection after the
10last day of the legislature's final general-business floorperiod in the biennial session
11as established in the joint resolution required under s. 13.02 (3) shall be considered
12received on the first day of the next regular session of the legislature, unless the
13presiding officers of both houses direct referral of the notice and report under this
14subsection before that day. The presiding officer of each house of the legislature
15shall, within 10 working days following the day on which the notice and report are
16received, direct the appropriate chief clerk to refer the notice and report to one
17standing committee. The agency shall submit to the legislative reference bureau for
18publication in the register, in an electronic format approved by the legislative
19reference bureau, a statement that a proposed rule has been submitted to the chief
20clerk of each house of the legislature. The agency shall also include in the statement
21the date of approval of the proposed rule by the governor under s. 227.185 (1). Each
22chief clerk shall enter a similar statement in the journal of his or her house.
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