SB598,8,2311 227.137 (4) On the same day that the agency submits the an economic impact
12analysis prepared under sub. (2) to the legislative council staff under s. 227.15 (1),
13the agency shall also submit that analysis to the department of administration, to
14the governor, and to the chief clerks of each house of the legislature, who shall
15distribute the analysis to the presiding officers of their respective houses, to the
16chairpersons of the appropriate standing committees of their respective houses, as
17designated by those presiding officers, and to the cochairpersons of the joint
18committee for review of administrative rules. If a proposed rule is modified after the
19economic impact analysis is submitted under this subsection so that the economic
20impact of the proposed rule is significantly changed, the agency shall prepare a
21revised economic impact analysis for the proposed rule as modified. A revised
22economic impact analysis shall be prepared and submitted in the same manner as
23an original economic impact analysis is prepared and submitted.
SB598,10 24Section 10. 227.137 (4m) of the statutes is created to read:
SB598,9,3
1227.137 (4m) The department of natural resources shall submit an economic
2impact analysis prepared under sub. (2m) to the legislative council staff under s.
3227.15 (1), to the department of administration, and to the petitioner.
SB598,11 4Section 11. 227.137 (5) of the statutes is renumbered 227.137 (8).
SB598,12 5Section 12. 227.137 (6) (intro.) of the statutes is renumbered 227.137 (6) (am)
6(intro.) and amended to read:
SB598,9,187 227.137 (6) (am) (intro.) If an economic impact analysis regarding a proposed
8rule
prepared under sub. (2) indicates that a total of $20,000,000 or more in
9implementation and compliance costs are reasonably expected to be incurred by or
10passed along to businesses, local governmental units, and individuals as a result of
11the proposed rule or if an economic impact analysis is prepared under sub. (2m) for
12a proposed rule that is considered at the joint annual spring fish and wildlife rule
13hearing of the department of natural resources and county meeting of the Wisconsin
14conservation congress
, the department of administration shall review the proposed
15rule and issue a report. The agency may not submit a proposed rule to the legislature
16for review under s. 227.19 (2) until the agency receives a copy of the department's
17report and the approval of the secretary of administration. The report shall include
18all of the following findings:
SB598,13 19Section 13. 227.137 (6) (a) of the statutes is renumbered 227.137 (6) (am) 1.
SB598,14 20Section 14. 227.137 (6) (b) of the statutes is renumbered 227.137 (6) (am) 2.
SB598,15 21Section 15. 227.137 (6) (c) of the statutes is renumbered 227.137 (6) (am) 3.
SB598,16 22Section 16. 227.137 (6) (cm) of the statutes is created to read:
SB598,9,2523 227.137 (6) (cm) No person is entitled to judicial review of any action taken by
24the department of administration under this subsection with respect to an economic
25impact analysis prepared under sub. (2m) for a proposed rule that is considered at

1the joint annual spring fish and wildlife rule hearing of the department of natural
2resources and county meeting of the Wisconsin conservation congress.
SB598,17 3Section 17. 227.137 (6) (d) of the statutes is renumbered 227.137 (6) (am) 4.
SB598,18 4Section 18. 227.137 (7) of the statutes is renumbered 227.137 (6) (bm) and
5amended to read:
SB598,10,136 227.137 (6) (bm) Before issuing a report under sub. (6) par. (am), the
7department of administration may return a proposed rule to the agency for further
8consideration and revision with a written explanation of why the proposed rule is
9being returned. If the agency head disagrees with the department's reasons for
10returning the proposed rule, the agency head shall so notify the department in
11writing. The secretary of administration shall approve the proposed rule when the
12agency has adequately addressed the issues raised during the department's review
13of the rule.
SB598,19 14Section 19. 227.14 (2) (a) 6. of the statutes is amended to read:
SB598,10,1815 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency
16used in support of the agency's determination of the rule's effect on small businesses
17under s. 227.114 or that was used when the agency prepared an economic impact
18analysis under s. 227.137 (3) (2) or (2m).
SB598,20 19Section 20. 227.14 (4m) of the statutes is amended to read:
SB598,11,1320 227.14 (4m) Notice of submittal to legislative council staff. On the same
21day that an agency submits a proposed rule to the legislative council staff under s.
22227.15, the agency shall prepare a written notice of the agency's submittal to the
23legislative council staff. The notice shall include a statement of the date on which
24the proposed rule has been submitted to the legislative council staff for review, of the
25subject matter of the proposed rule and of whether a public hearing on the proposed

1rule is required, and shall identify the organizational unit within the agency that is
2primarily responsible for the promulgation of the rule. The notice shall also include
3a statement containing the identifying number of the statement of scope for the
4proposed rule assigned under s. 227.135 (3), the date of publication and issue number
5of the register in which the statement of scope is published, and the date of approval
6of the statement of scope by the individual or body with policy-making powers over
7the subject matter of the proposed rule under s. 227.135 (2) or (2m). The notice shall
8be approved by the individual or body with policy-making powers over the subject
9matter of the proposed rule. The agency shall send an electronic copy of the notice
10to the legislative reference bureau, in a format approved by the legislative reference
11bureau, for publication in the register. On the same day that the agency sends the
12notice to the legislative reference bureau, the agency shall send a copy of the notice
13to the secretary of administration.
SB598,21 14Section 21. 227.15 (1) of the statutes is amended to read:
SB598,12,215 227.15 (1) Submittal to legislative council staff. Prior to a public hearing
16on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19,
17an agency shall submit the proposed rule to the legislative council staff for review.
18The proposed rule shall be in the form required under s. 227.14 (1), and shall include
19the material required under s. 227.14 (2), (3), and (4), the any economic impact
20analysis required under s. 227.137 (2) or (2m), and any revised economic impact
21analysis required under s. 227.137 (4). An agency may not hold a public hearing on
22a proposed rule or give notice under s. 227.19 until after it has received a written
23report of the legislative council staff review of the proposed rule or until after the
24initial review period of 20 working days under sub. (2) (intro.), whichever comes first.

1An agency may give notice of a public hearing prior to receipt of the legislative council
2staff report. This subsection does not apply to rules promulgated under s. 227.24.
SB598,22 3Section 22. 227.15 (1m) (bm) of the statutes is amended to read:
SB598,12,54 227.15 (1m) (bm) The Any economic impact analysis required under s. 227.137
5(2) or (2m) and any revised economic impact analysis required under s. 227.137 (4).
SB598,23 6Section 23. 227.17 (3) (em) of the statutes is amended to read:
SB598,12,87 227.17 (3) (em) Any report prepared by the department of administration
8under s. 227.137 (6) (am).
SB598,24 9Section 24. 227.185 of the statutes is amended to read:
SB598,12,19 10227.185 Approval by governor. After Except as provided in this section,
11after
a proposed rule is in final draft form, the agency shall submit the proposed rule
12to the governor for approval. The governor, in his or her discretion, may approve or
13reject the proposed rule. If the governor approves a proposed rule, the governor shall
14provide the agency with a written notice of that approval. No proposed rule may be
15submitted to the legislature for review under s. 227.19 (2) unless the governor has
16approved the proposed rule in writing. This section does not apply to a proposed rule
17that is considered at the joint annual spring fish and wildlife rule hearing of the
18department of natural resources and county meeting of the Wisconsin conservation
19congress.
SB598,25 20Section 25. 227.19 (2) of the statutes is amended to read:
SB598,13,1321 227.19 (2) Notification of legislature. An agency shall submit a notice to the
22chief clerk of each house of the legislature when a proposed rule is in final draft form.
23The notice shall be submitted in triplicate and shall be accompanied by a report in
24the form specified under sub. (3). A notice received under this subsection after the
25last day of the legislature's final general-business floorperiod in the biennial session

1as established in the joint resolution required under s. 13.02 (3) shall be considered
2received on the first day of the next regular session of the legislature, unless the
3presiding officers of both houses direct referral of the notice and report under this
4subsection before that day. The presiding officer of each house of the legislature
5shall, within 10 working days following the day on which the notice and report are
6received, direct the appropriate chief clerk to refer the notice and report to one
7standing committee. The agency shall submit to the legislative reference bureau for
8publication in the register, in an electronic format approved by the legislative
9reference bureau, a statement that a proposed rule has been submitted to the chief
10clerk of each house of the legislature. The agency shall also include in the statement
11the date of approval of the proposed rule by the governor under s. 227.185 if the
12proposed rule is subject to gubernatorial approval
. Each chief clerk shall enter a
13similar statement in the journal of his or her house.
SB598,26 14Section 26. 227.19 (3) (intro.) of the statutes is amended to read:
SB598,13,2515 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be
16in writing and shall include the proposed rule in the form specified in s. 227.14 (1);
17the material specified in s. 227.14 (2), (3), and (4); including any statement,
18suggested changes, or other material submitted to the agency by the small business
19regulatory review board; a copy of any economic impact analysis prepared by the
20agency under s. 227.137 (2) or (2m); a copy of any revised economic impact analysis
21prepared by the agency under s. 227.137 (4); a copy of any report prepared by the
22department of administration under s. 227.137 (6) (am); a copy of any energy impact
23report received from the public service commission under s. 227.117 (2); and a copy
24of any recommendations of the legislative council staff. The report shall also include
25all of the following:
SB598,27
1Section 27. 227.24 (1) (e) 1d. of the statutes is amended to read:
SB598,14,132 227.24 (1) (e) 1d. Prepare Except as provided in s. 227.135 (5), prepare a
3statement of the scope of the proposed emergency rule as provided in s. 227.135 (1),
4obtain approval of the statement as provided in s. 227.135 (2), and send the
5statement to the legislative reference bureau for publication in the register as
6provided in s. 227.135 (3). If the agency changes the scope of a proposed emergency
7rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of
8a revised statement of the scope of the proposed emergency rule as provided in s.
9227.135 (4). No state employee or official may perform any activity in connection
10with the drafting of a proposed emergency rule except for an activity necessary to
11prepare the statement of the scope of the proposed emergency rule until the governor
12and the individual or body with policy-making powers over the subject matter of the
13proposed emergency rule approve the statement.
SB598,28 14Section 28. 227.24 (1) (e) 1g. of the statutes is amended to read:
SB598,14,2415 227.24 (1) (e) 1g. Submit Except as provided in this subdivision, submit the
16proposed emergency rule in final draft form to the governor for approval. The
17governor, in his or her discretion, may approve or reject the proposed emergency rule.
18If the governor approves a proposed emergency rule, the governor shall provide the
19agency with a written notice of that approval. An agency may not file an emergency
20rule with the legislative reference bureau as provided in s. 227.20 and an emergency
21rule may not be published until the governor approves the emergency rule in writing.
22This subdivision does not apply to a proposed emergency rule that is considered at
23the joint annual spring fish and wildlife rule hearing of the department of natural
24resources and county meeting of the Wisconsin conservation congress.
SB598,29 25Section 29. Initial applicability.
SB598,15,4
1(1) Gubernatorial approval of rules. The treatment of sections 227.135 (2),
2(2m), (3), and (5), 227.185, 227.19 (2), and 227.24 (1) (e) 1d. and 1g. of the statutes
3first applies to a proposed administrative rule whose statement of scope is published
4in the Wisconsin Administrative Register on the effective date of this subsection.
SB598,15,10 5(2) Economic impact reports. The treatment of sections 227.137 (2), (2m), (3)
6(intro.), (3m), (4), (4m), (5), (6) (intro.), (a), (b), (c), (cm), and (d), and (7), 227.14 (2)
7(a) 6. and (4m), 227.15 (1) and (1m) (bm), 227.17 (3) (em), and 227.19 (3) (intro.) of
8the statutes first applies to a notice of a proposed administrative rule submitted to
9the legislature under section 227.19 (2) of the statutes on the effective date of this
10subsection.
SB598,15,1111 (End)
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