SB598: Bill Text

SB598,8,23 227.137 (4) On the same day that the agency submits the an economic impact analysis prepared under sub. (2) to the legislative council staff under s. 227.15 (1), the agency shall also submit that analysis to the department of administration, 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. If a proposed rule is modified after the economic impact analysis is submitted under this subsection so that the economic impact of the proposed rule is significantly changed, the agency shall prepare a revised economic impact analysis for the proposed rule as modified. A revised economic impact analysis shall be prepared and submitted in the same manner as an original economic impact analysis is prepared and submitted.

SB598,10 Section 10. 227.137 (4m) of the statutes is created to read:

SB598,9,3 227.137 (4m) The department of natural resources shall submit an economic impact analysis prepared under sub. (2m) to the legislative council staff under s. 227.15 (1), to the department of administration, and to the petitioner.

SB598,11 Section 11. 227.137 (5) of the statutes is renumbered 227.137 (8).

SB598,12 Section 12. 227.137 (6) (intro.) of the statutes is renumbered 227.137 (6) (am) (intro.) and amended to read:

SB598,9,18 227.137 (6) (am) (intro.) If an economic impact analysis regarding a proposed rule prepared under sub. (2) indicates that a total of $20,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals as a result of the proposed rule or if an economic impact analysis is prepared under sub. (2m) for a proposed rule that is considered at the joint annual spring fish and wildlife rule hearing of the department of natural resources and county meeting of the Wisconsin conservation congress, the department of administration shall review the proposed rule and issue a report. The agency may not submit a proposed rule to the legislature for review under s. 227.19 (2) until the agency receives a copy of the department's report and the approval of the secretary of administration. The report shall include all of the following findings:

SB598,13 Section 13. 227.137 (6) (a) of the statutes is renumbered 227.137 (6) (am) 1.

SB598,14 Section 14. 227.137 (6) (b) of the statutes is renumbered 227.137 (6) (am) 2.

SB598,15 Section 15. 227.137 (6) (c) of the statutes is renumbered 227.137 (6) (am) 3.

SB598,16 Section 16. 227.137 (6) (cm) of the statutes is created to read:

SB598,9,25 227.137 (6) (cm) No person is entitled to judicial review of any action taken by the department of administration under this subsection with respect to an economic impact analysis prepared under sub. (2m) for a proposed rule that is considered at the joint annual spring fish and wildlife rule hearing of the department of natural resources and county meeting of the Wisconsin conservation congress.

SB598,17 Section 17. 227.137 (6) (d) of the statutes is renumbered 227.137 (6) (am) 4.

SB598,18 Section 18. 227.137 (7) of the statutes is renumbered 227.137 (6) (bm) and amended to read:

SB598,10,13 227.137 (6) (bm) Before issuing a report under sub. (6) par. (am), the department of administration may return a proposed rule to the agency for further consideration and revision with a written explanation of why the proposed rule is being returned. If the agency head disagrees with the department's reasons for returning the proposed rule, the agency head shall so notify the department in writing. The secretary of administration shall approve the proposed rule when the agency has adequately addressed the issues raised during the department's review of the rule.

SB598,19 Section 19. 227.14 (2) (a) 6. of the statutes is amended to read:

SB598,10,18 227.14 (2) (a) 6. Any analysis and supporting documentation that the agency used in support of the agency's determination of the rule's effect on small businesses under s. 227.114 or that was used when the agency prepared an economic impact analysis under s. 227.137 (3) (2) or (2m).

SB598,20 Section 20. 227.14 (4m) of the statutes is amended to read:

SB598,11,13 227.14 (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, 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), 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) or (2m). 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.

SB598,21 Section 21. 227.15 (1) of the statutes is amended to read:

SB598,12,2 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule or, if no 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 any economic impact analysis required under s. 227.137 (2) or (2m), 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.

SB598,22 Section 22. 227.15 (1m) (bm) of the statutes is amended to read:

SB598,12,5 227.15 (1m) (bm) The Any economic impact analysis required under s. 227.137 (2) or (2m) and any revised economic impact analysis required under s. 227.137 (4).

SB598,23 Section 23. 227.17 (3) (em) of the statutes is amended to read:

SB598,12,8 227.17 (3) (em) Any report prepared by the department of administration under s. 227.137 (6) (am).

SB598,24 Section 24. 227.185 of the statutes is amended to read:

SB598,12,19 227.185 Approval by governor. After Except as provided in this section, after a proposed rule is in final draft form, the agency shall submit the proposed rule to the governor for approval. The governor, 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. 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. This section does not apply to a proposed rule that is considered at the joint annual spring fish and wildlife rule hearing of the department of natural resources and county meeting of the Wisconsin conservation congress.

SB598,25 Section 25. 227.19 (2) of the statutes is amended to read:

SB598,13,13 227.19 (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 if the proposed rule is subject to gubernatorial approval. Each chief clerk shall enter a similar statement in the journal of his or her house.

SB598,26 Section 26. 227.19 (3) (intro.) of the statutes is amended to read:

SB598,13,25 227.19 (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) or (2m); 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) (am); 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:

SB598,27 Section 27. 227.24 (1) (e) 1d. of the statutes is amended to read:

SB598,14,13 227.24 (1) (e) 1d. Prepare Except as provided in s. 227.135 (5), 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). 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 the statement.

SB598,28 Section 28. 227.24 (1) (e) 1g. of the statutes is amended to read:

SB598,14,24 227.24 (1) (e) 1g. Submit Except as provided in this subdivision, submit the proposed emergency rule in final draft form to the governor for approval. The governor, 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. 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. This subdivision does not apply to a proposed emergency rule that is considered at the joint annual spring fish and wildlife rule hearing of the department of natural resources and county meeting of the Wisconsin conservation congress.

SB598,29 Section 29. Initial applicability.

SB598,15,4 (1) Gubernatorial approval of rules. The treatment of sections 227.135 (2), (2m), (3), and (5), 227.185, 227.19 (2), and 227.24 (1) (e) 1d. and 1g. of the statutes first applies to a proposed administrative rule whose statement of scope is published in the Wisconsin Administrative Register on the effective date of this subsection.

SB598,15,10 (2) Economic impact reports. The treatment of sections 227.137 (2), (2m), (3) (intro.), (3m), (4), (4m), (5), (6) (intro.), (a), (b), (c), (cm), and (d), and (7), 227.14 (2) (a) 6. and (4m), 227.15 (1) and (1m) (bm), 227.17 (3) (em), and 227.19 (3) (intro.) of the statutes first applies to a notice of a proposed administrative rule submitted to the legislature under section 227.19 (2) of the statutes on the effective date of this subsection.

SB598,15,11 (End)