AB251: Bill Text

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may not file an emergency rule with the legislative reference bureau as provided in s. 227.20 and an emergency rule may not be published until the governor approves the emergency rule in writing.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)