AB251: Bill Text

AB251,46 Section 46. 227.185 (2) of the statutes is created to read:

AB251,26,2 227.185 (2) (a) If an agency makes a germane modification to a proposed rule at any time during the legislative review process under s. 227.19, the agency shall submit the modification to the governor for approval. The governor, in his or her discretion, may approve or reject the modification. If the governor approves a modification, he or she shall provide the agency with a written notice of that approval. If the governor does not approve the modification, the agency may not promulgate the proposed rule, except that the agency may resubmit the proposed rule to the legislature as provided in s. 227.19 without the modification.

AB251,26,4 (b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm) applies.

AB251,47 Section 47. 227.19 (2) of the statutes is amended to read:

AB251,26,22 227.19 (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 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) 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, in an electronic format approved by the legislative reference bureau, a statement that a proposed rule has been submitted to the chief clerk of each house of the legislature. The agency shall also include in the statement the date of approval of the proposed rule by the governor under s. 227.185 (1). Each chief clerk shall enter a similar statement in the journal of his or her house.

AB251,48 Section 48. 227.19 (3) (intro.) of the statutes is amended to read:

AB251,27,9 227.19 (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); including any statement, suggested changes, or other material submitted to the agency by the small business regulatory review board; a copy of any economic impact analysis 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); independent economic impact analysis prepared under s. 227.137 (4m); 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:

AB251,49 Section 49. 227.19 (3) (c) of the statutes is amended to read:

AB251,27,12 227.19 (3) (c) A list of the persons who appeared or registered for or against the proposed rule at a public hearing held as required under s. 227.136 or 227.16.

AB251,50 Section 50. 227.19 (3) (e) (intro.) of the statutes is amended to read:

AB251,27,20 227.19 (3) (e) (intro.) Except as provided under sub. (3m), for all proposed rules that will have an effect on Except as provided in s. 227.14 (2g) (c), if the small business regulatory review board determines the proposed rule will have an economic impact on small businesses, as defined under s. 227.114 (1) under s. 227.14 (2g) (bm), a final regulatory flexibility analysis, which shall contain a response to the board's report and as much information about the following as the agency can feasibly obtain and analyze with its existing staff and resources:

AB251,51 Section 51. 227.19 (3) (h) of the statutes is repealed.

AB251,52 Section 52. 227.19 (3m) of the statutes is repealed.

AB251,53 Section 53. 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:

AB251,28,11 227.19 (5) (b) 1. (intro.) Except as provided in subd. 1m. this paragraph, 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 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:

AB251,54 Section 54. 227.19 (5) (b) 3. of the statutes is created to read:

AB251,29,6 227.19 (5) (b) 3. The joint committee for review of administrative rules, by a majority vote of a quorum of the committee, may request the preparation of an independent economic impact analysis for a proposed rule, regardless of whether an independent economic impact analysis was prepared under s. 227.137 (4m). If the joint committee for review of administrative rules requests an independent economic impact analysis under this subdivision, the committee shall notify the agency proposing the proposed rule and shall contract with a person that is not an agency to prepare the independent economic impact analysis. The person preparing the independent economic impact analysis shall comply with s. 227.137 (4m) (c) 1. and 2. and complete the independent economic impact analysis within 60 days after contracting for the preparation of the analysis. Upon completion of an independent economic impact analysis requested under this subdivision, the person preparing the analysis may submit a request to the committee for reimbursement of its actual and necessary costs of completing the analysis. The committee shall reimburse a person who submits a request for reimbursement under this subdivision in equal parts from the appropriation accounts under s. 20.765 (1) (a) and (b). If the committee requests an independent economic impact analysis under this subdivision, the review period for the committee is extended to the 10th working day following receipt by the committee of the completed analysis.

AB251,55 Section 55. 227.22 (2) (e) of the statutes is amended to read:

AB251,29,12 227.22 (2) (e) The small business regulatory review board has determined under s. 227.14 (2g) (bm) that the rule has a significant will have an economic impact on small businesses, as defined in s. 227.114 (1), in which case the rule applies to small businesses no earlier than the first day of the 3rd month commencing after the date of publication of the rule.

AB251,56 Section 56. 227.24 (1) (a) of the statutes is amended to read:

AB251,29,18 227.24 (1) (a) An agency may promulgate a rule as an emergency rule without complying with the notice, hearing, and publication requirements under this chapter, other than the requirements under par. (e) 1d., if preservation of the public peace, health, safety, or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.

AB251,57 Section 57. 227.24 (1) (e) 1d. of the statutes is amended to read:

AB251,30,7 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in s. 227.135 (3), and hold a preliminary public hearing and comment period as provided in s. 227.136. If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approve approves the statement.

AB251,58 Section 58 . 227.24 (1) (e) 1g. of the statutes is amended to read:

AB251,30,10 227.24 (1) (e) 1g. Submit the proposed emergency rule in final draft form to the governor for approval office of business development for review under sub. (1m).

AB251,30,19 (1m) (b) Make a determination as to the agency's authority to promulgate the proposed rule. The office of business development shall report its determination under this paragraph to the governor, who, in his or her discretion, may approve or reject the proposed emergency rule. If the governor approves a proposed emergency rule, the governor shall provide the agency with a written notice of that approval accompanied by a copy of the determination of office of business development. An agency may not file an emergency rule with the legislative reference bureau as provided in s. 227.20 and an emergency rule may not be published until the governor approves the emergency rule in writing.

AB251,59 Section 59. 227.24 (1m) (intro.) of the statutes is created to read:

AB251,30,22 227.24 (1m) Final review of rule. (intro.) Upon receipt of an emergency rule under sub. (1) (e) 1g., the office of business development shall do all of the following:

AB251,60 Section 60. 227.24 (2) (a) of the statutes is renumbered 227.24 (2) (a) (intro.) and amended to read:

AB251,31,4 227.24 (2) (a) (intro.) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule as follows:

AB251,31,10 1. At any time on or before 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), for a period specified by the committee not to exceed 60 days. Any number of extensions may be granted under this paragraph, but the total period for all extensions may not exceed 120 days. The committee may not grant more than one extension under this subdivision.

AB251,61 Section 61. 227.24 (2) (a) 2. of the statutes is created to read:

AB251,31,17 227.24 (2) (a) 2. Within 30 days before 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), for a period specified by the committee that does not extend beyond March 31 of the following year. An extension under this subdivision may be in addition to, and may overlap with, an extension granted under subd. 1.

AB251,62 Section 62. 227.24 (2) (am) of the statutes is amended to read:

AB251,31,22 227.24 (2) (am) Any request by an agency to extend the effective period of the emergency rule or part of the emergency rule shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the initial expiration date of the emergency rule.

AB251,63 Section 63. 227.24 (3) of the statutes is amended to read:

AB251,32,9 227.24 (3) Filing. An agency shall file a rule promulgated under sub. (1) as provided in s. 227.20, shall mail a copy to the chief clerk of each house and to each member of the legislature at the time that the rule is filed , and shall take any other step it considers feasible to make the rule known to persons who will be affected by it. The legislative reference bureau shall insert in the notice section of each issue of the register a brief description of each rule under sub. (1) that is currently in effect, and a copy of the rule and fiscal estimate. Each copy, notice, or description of a rule promulgated under sub. (1) (a) shall be accompanied by a statement of the emergency finding by the agency or by a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules or the office of business development under s. 227.26 (2) (b) 227.10 (1m).

AB251,64 Section 64. 227.24 (3m) (title) of the statutes is repealed.

AB251,65 Section 65 . 227.24 (3m) of the statutes is renumbered 227.24 (1m) (a), and 227.24 (1m) (a) (intro.), as renumbered, is amended to read:

AB251,33,16 227.24 (1m) (a) (intro.) On the same day that the agency files a rule under sub. (3) that Make a determination as to whether the rule may have an economic impact on small businesses, as defined in s. 227.114 (1), the agency shall submit a copy of the rule to the small business regulatory review board. The board office of business development shall, when appropriate, consult with individual members of the small business regulatory review board in making that determination and shall report its determination to the agency. If the office of business development determines that the proposed rule may have an economic impact on small businesses, it shall submit the proposed rule to the small business regulatory review board for an assessment of the extent of the economic impact. In making that assessment, the board may use cost-benefit analysis to determine the fiscal effect of the emergency rule on small businesses and shall determine whether the emergency rule will have a significant an economic impact on a substantial number of small businesses and whether the agency complied with ss. 227.114 (2) and (3) and 227.14 (2m). If the board determines that the emergency rule will not have a significant an economic impact on a substantial number of small businesses, the board shall submit to the agency a statement to that effect to the agency that sets forth , which shall include the reason for the board's decision determination. If the board determines that the emergency rule will have a significant an economic impact on a substantial number of small businesses, the board may submit to the agency and to the legislative council staff suggested changes in the emergency rule to minimize the any negative economic impact of the emergency rule. If the board determines that the agency failed to comply with s. 227.114 (2) or (3) or 227.14 (2m), the board shall notify the agency of that determination and ask the agency to comply with any of those provisions. In addition, the board may submit other suggested changes in the proposed rule to the agency and. The board shall send a copy of any submission under this paragraph to the legislative reference bureau for publication in the register, in an electronic format approved by the legislative reference bureau. The submission to the agency may include a request that the agency do any of the following:

AB251,66 Section 66. 227.24 (4) of the statutes is amended to read:

AB251,34,2 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition to the preliminary public hearing and comment period required under sub. (1) (e) 1d., an agency shall hold a public hearing within 45 days after it promulgates a rule under sub. (1). If within that 45-day period the agency submits to the legislative council staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall hold a public hearing on both rules within 90 days after promulgation of the rule under sub. (1), or within 30 days after the agency receives the report on the proposed rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.

AB251,67 Section 67. 227.26 (2) (b) (title) of the statutes is repealed.

AB251,68 Section 68 . 227.26 (2) (b) of the statutes is renumbered 227.10 (1m) and amended to read:

AB251,34,9 227.10 (1m) If the joint committee for review of administrative rules or the office of business development determines that a statement of policy or an interpretation of a statute meets the definition of a rule, it the committee or the office of business development may direct do any of the following:

AB251,34,13 (a) Direct the agency to promulgate the statement or interpretation as an emergency rule under s. 227.24 (1) (a) within 30 days after the committee's or office's action and to promulgate the statement or interpretation as a permanent rule using the rule-making process under this subchapter.

AB251,69 Section 69. 227.26 (2) (k) of the statutes is amended to read:

AB251,34,18 227.26 (2) (k) Biennial report. The committee shall submit a biennial report of its activities under this section and s. 227.10 (1m) to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), and to the governor and include recommendations.

AB251,70 Section 70 . Initial applicability.

AB251,35,7 (1) The treatment of sections 35.93 (2) (b) 3. bm. and gr., 73.17 (2) (d), 227.114 (6), 227.135 (1) (intro.) and (2), 227.136, 227.137 (3) (intro.), (a), and (b), 227.137 (4m), (6), and (7), 227.139, 227.14 (2) (a) 3m., (2g) (title), (intro.), (a), (b), and (c), (2m), and (4m), 227.15 (1) and (1m) (intro.), (bm), and (c), 227.16 (1) and (6), 227.17 (1) (intro.) and (3) (eg), (em), and (f), 227.19 (2), (3) (intro.), (c), (e) (intro.), and (h), (3m), and (5) (b) 1. (intro.) and 3., 227.22 (2) (e), and 227.24 (1) (a) and (e) 1d. and 1g., (1m) (intro.), (2) (am), and (4) of the statutes, the repeal of section 227.24 (3m) (title) of the statutes, the renumbering and amendment of sections 16.28 (1), 227.185, and 227.24 (2) (a) and (3m) of the statutes, the amendment of section 227.185 (title) of the statutes, and the creation of sections 16.28 (1) (b) to (e), 227.185 (2), and 227.24 (2) (a) 2. of the statutes first apply to a proposed rule or emergency rule whose statement of scope is presented for approval under section 227.135 (2) of the statutes on the effective date of this subsection.

AB251,35,11 (2) The treatment of sections 73.17 (title), (1), and (2) (intro.), (a), (b), and (c) and 227.137 (3m) and (4) of the statutes first applies to a proposed rule or emergency rule whose statement of scope is presented for approval under section 227.135 (2) of the statutes on the effective date of this subsection.

AB251,71 Section 71. Effective dates. This act takes effect on January 1, 2016, or on the day after publication, whichever is later, except as follows:

AB251,35,16 (1) The treatment of sections 73.17 (title), (1), and (2) (intro.), (a), (b), and (c) and 227.137 (3m) and (4) of the statutes and Section 70 (2 ) of this act take effect on August 1, 2015, or on the day after publication, whichever is later.

AB251,35,17 (End)