AB251: Bill Text

AB251,16,25 2. Upon completion of the analysis, submit the analysis to the agency, to the department of administration, to the secretary of revenue, to the office of business development, 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.

AB251,17,2 3. Complete the independent economic impact analysis within 60 days after contracting to prepare the analysis.

AB251,17,5 (d) When an independent economic impact analysis is requested under par. (a), the agency may not submit the proposed rule for approval under s. 227.185 (1) until the agency receives the completed independent economic impact analysis.

AB251,23 Section 23 . 227.137 (6) and (7) of the statutes are repealed.

AB251,24 Section 24. 227.139 of the statutes is created to read:

AB251,17,16 227.139 Passage of bill required for certain rules. (1) If an economic impact analysis prepared under s. 227.137 (2), a revised economic impact analysis prepared under s. 227.137 (4), or an independent economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. indicates that $10 million or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule, the agency proposing the rule shall stop work on the proposed rule and take no further action regarding the proposed rule, except that the agency shall do one of the following:

AB251,17,21 (a) Submit a request to the joint committee for review of administrative rules for the committee to introduce a bill authorizing promulgation of the proposed rule. The committee may, in its discretion, introduce such a bill authorizing promulgation of the proposed rule. The agency may resume the rule-making process as provided in this subchapter upon enactment of a bill introduced under this paragraph.

AB251,18,7 (b) Modify the proposed rule, if the modification is germane to the subject matter of the proposed rule, to address the implementation and compliance costs of the proposed rule. If the agency modifies a proposed rule under this paragraph, the agency shall prepare a revised economic impact analysis under s. 227.137 (4) and submit the revised economic impact analysis to the secretary of revenue for approval under s. 227.137 (3m). If the revised economic impact analysis, as approved by the secretary of revenue, indicates that $10 million or more in implementation and compliance costs are not reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule, the agency may continue with the rule-making process as provided in this subchapter.

AB251,18,8 (c) Withdraw the proposed rule as provided in s. 227.14 (6).

AB251,18,9 (2) This section does not apply to rules promulgated under s. 227.24.

AB251,25 Section 25. 227.14 (2) (a) 3m. of the statutes is created to read:

AB251,18,15 227.14 (2) (a) 3m. A summary of any public comments and feedback on the statement of scope of the proposed rule that the agency received at the preliminary public hearing and comment period under s. 227.136 and a description of how and to what extent the agency took those comments and that feedback into account in drafting the proposed rule.

AB251,26 Section 26. 227.14 (2g) (title) of the statutes is amended to read:

AB251,18,18 227.14 (2g) (title) Review by the office of business development and small business regulatory review board.

AB251,27 Section 27. 227.14 (2g) (intro.) of the statutes is renumbered 227.14 (2g) (am) and amended to read:

AB251,19,8 227.14 (2g) (am) On the same day that an agency submits a proposed rule to the legislative council staff under s. 227.15 a proposed rule that may have an economic impact on small businesses, the agency shall submit the proposed rule, the analysis required under sub. (2), and a description of its actions taken to comply with s. 227.114 (2) and (3) to the small business regulatory review board. The office of business development, which shall make a determination as to whether the proposed rule may have an economic impact on small businesses, as defined in s. 227.114 (1). The office 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.

AB251,20,4 (bm) In making an assessment required under par. (am), the small business regulatory review board may use cost-benefit analysis to determine the fiscal effect of the rule on small businesses and shall determine whether the proposed rule will have a significant an economic impact on a substantial number of small businesses and whether the agency has complied with subs. (2) and (2m) and s. 227.114 (2) and (3). Except as provided in subs. (1m) and (1s), each proposed rule shall include provisions detailing how the rule will be enforced. If the board determines that the rule does not include an enforcement provision or that the agency failed to comply with sub. (2) or (2m) or s. 227.114 (2) or (3), the board shall notify the agency of that determination and ask the agency to comply with any of those requirements. If the board determines that the proposed 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 proposed rule will have a significant an economic impact on a substantial number of small businesses, the board may submit to the agency suggested changes in the proposed rule to minimize the any negative economic impact of the proposed rule, or may recommend the withdrawal of the proposed rule under sub. (6). In addition, the board may submit other suggested changes in the proposed rule to the agency, including proposals to reduce the use of cross-references in the rule. The submission to the agency may also include a request that the agency do any of the following:

AB251,20,11 (d) The small business regulatory review board shall send a report of any suggested changes and of any notice of failure to include enforcement provisions or to comply with sub. (2) or (2m) or s. 227.114 (2) or (3) a copy of any submission under this subsection to the legislative reference bureau for publication in the register, in an electronic format approved by the legislative reference bureau, and to the legislative council staff. The notification to the agency may include a request that the agency do any of the following:

AB251,28 Section 28. 227.14 (2g) (a) and (b) of the statutes are renumbered 227.14 (2g) (bm) 1. and 2.

AB251,29 Section 29. 227.14 (2g) (c) of the statutes is created to read:

AB251,20,22 227.14 (2g) (c) The small business regulatory review board shall make a submission to an agency under this subsection within 45 days after receipt of a proposed rule from the office of business development, except that the board and the agency may extend that period by mutual agreement. The agency may not submit the proposed rule for approval under s. 227.185 (1) until the agency receives the board's submission or until the expiration of that period, whichever occurs first. If, upon the expiration of that period, the agency has not received any submission from the board, the agency is not required to comply with s. 227.19 (3) (e).

AB251,30 Section 30. 227.14 (2m) of the statutes is amended to read:

AB251,21,6 227.14 (2m) Quality of agency data and reduction of cross references. Each agency shall, in cooperation with the department of administration, the office of business development, and the secretary of revenue, ensure the accuracy, integrity, objectivity, and consistency of the data that is used when preparing a proposed rule and when completing an analysis of the proposed rule under sub. (2). Each agency shall reduce the amount of cross-references to the statutes in proposed and final rules. A person affected by a proposed rule may submit comments to the agency regarding the accuracy, integrity, or consistency of that data.

AB251,31 Section 31. 227.14 (4m) of the statutes is amended to read:

AB251,22,2 227.14 (4m) Notice of submittal to legislative council staff. On the same day that an agency submits a proposed rule to the legislative council staff under s. 227.15, the agency shall prepare a written notice of the agency's submittal to the legislative council staff. The notice shall include a statement of the date on which the proposed rule has been submitted to the legislative council staff for review, of the subject matter of the proposed rule, and of whether a public hearing on the proposed rule is required under s. 227.16, and shall identify the organizational unit within the agency that is primarily responsible for the promulgation of the rule. The notice shall also include a statement containing the identifying number of the statement of scope for the proposed rule assigned under s. 227.135 (3), and the date of publication and issue number of the register in which the statement of scope is published, and the date of approval of the statement of scope by the individual or body with policy-making powers over the subject matter of the proposed rule under s. 227.135 (2). The notice shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule. The agency shall send an electronic copy of the notice to the legislative reference bureau, in a format approved by the legislative reference bureau, for publication in the register. On the same day that the agency sends the notice to the legislative reference bureau, the agency shall send a copy of the notice to the secretary of administration.

AB251,32 Section 32. 227.15 (1) of the statutes is amended to read:

AB251,22,16 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule required under s. 227.16 or, if no such 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.

AB251,33 Section 33. 227.15 (1m) (intro.) of the statutes is amended to read:

AB251,23,2 227.15 (1m) Internet access to proposed rule. (intro.) The legislative council staff shall create and maintain an Internet site that includes a copy of or link to each proposed rule received under sub. (1) in a format that allows searching using keywords. Each agency shall provide the legislative council staff with the proposed rules and other information needed to comply with this subsection in the format required by the legislative council staff. The Internet site shall identify or provide a link to a site that identifies proposed rules affecting small businesses, as defined in s. 227.114 (1). The Internet site shall also include or provide a link to all of the following:

AB251,34 Section 34. 227.15 (1m) (bm) of the statutes is amended to read:

AB251,23,6 227.15 (1m) (bm) The economic impact analysis required under s. 227.137 (2) and, any revised economic impact analysis required under s. 227.137 (4), and any independent economic impact analysis prepared under s. 227.137 (4m).

AB251,35 Section 35. 227.15 (1m) (c) of the statutes is amended to read:

AB251,23,9 227.15 (1m) (c) Any report submitted submission to the legislative council staff under s. 227.14 (2g).

AB251,36 Section 36. 227.15 (4) of the statutes is amended to read:

AB251,23,19 227.15 (4) Notice of changes in rule-making authority. Whenever the rule-making authority of an agency is eliminated or significantly changed by the repeal, amendment, or creation of a statute, by the interpretive decision of a court of competent jurisdiction or for any other reason, the legislative council staff shall notify the joint committee for review of administrative rules and, the appropriate committees of each house of the legislature as determined by the presiding officer of each house, and the office of business development. This subsection applies whether or not the rules of the agency are under review by the legislative council staff at the time of the change in rule-making authority.

AB251,37 Section 37. 227.16 (1) of the statutes is amended to read:

AB251,23,24 227.16 (1) Except as provided under sub. (2) In addition to the preliminary public hearing and comment period required under s. 227.136, all rule making by an agency shall be preceded by notice and public hearing as provided in ss. 227.17 and 227.18, except as provided in sub. (2).

AB251,38 Section 38. 227.16 (2) (d) of the statutes is amended to read:

AB251,24,3 227.16 (2) (d) The proposed rule is being 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).

AB251,39 Section 39. 227.16 (6) of the statutes is renumbered 227.136 (4) and amended to read:

AB251,24,11 227.136 (4) For the purpose of soliciting public comment, an agency may, in addition to the preliminary public hearing and comment period required under this section, hold a hearing on the general subject matter of possible or anticipated rules before preparing a proposed rule in draft form. A hearing held under this subsection does not satisfy the requirement of sub. under s. 227.16 (1) with respect to the promulgation of a specific proposed rule.

AB251,40 Section 40. 227.17 (1) (intro.) of the statutes is amended to read:

AB251,24,14 227.17 (1) (intro.) If a hearing is required under s. 227.16, the agency shall do all of the following:

AB251,41 Section 41. 227.17 (3) (eg) of the statutes is created to read:

AB251,24,17 227.17 (3) (eg) Any independent economic impact analysis prepared under s. 227.137 (4m).

AB251,42 Section 42. 227.17 (3) (em) of the statutes is repealed.

AB251,43 Section 43. 227.17 (3) (f) of the statutes is amended to read:

AB251,24,25 227.17 (3) (f) If the proposed rule will have an effect on small businesses, as defined under s. 227.114 (1), an initial regulatory flexibility analysis, which shall contain a A description of the types of small businesses that will the agency determines may be affected by the rule, a brief description of the proposed reporting, bookkeeping, and other procedures required for compliance with the rule, and a description of the types of professional skills necessary for compliance with the rule.

AB251,44 Section 44. 227.185 (title) of the statutes is amended to read:

AB251,25,3 227.185 (title) Approval Submission to office of business development; approval by governor.

AB251,45 Section 45. 227.185 of the statutes is renumbered 227.185 (1) and amended to read:

AB251,25,17 227.185 (1) After a proposed rule is in final draft form, the agency shall submit the proposed rule to the governor for approval office of business development, which shall make a determination as to the agency's authority to promulgate the proposed rule. The office of business development shall report the proposed rule and its determination to the governor, who, in his or her discretion, may approve or reject the proposed rule. If the governor approves a proposed rule, the governor shall provide the agency with a written notice of that approval accompanied by a copy of the determination of the office of business development. No proposed rule may be submitted to the legislature for review under s. 227.19 (2) unless the governor has approved the proposed rule in writing. The agency shall notify the secretary of revenue and the joint committee for review of administrative rules whenever it submits a proposed rule for approval under this subsection.

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).