AB8-ASA1,13,4
1227.137
(3) (e) A determination made in consultation with the businesses and
2individuals that may be affected by the proposed rule as to whether the proposed rule
3would adversely affect in a material way the economy, a sector of the economy,
4productivity, jobs, or the overall economic competitiveness of this state.
AB8-ASA1, s. 18
5Section
18. 227.137 (4) of the statutes is amended to read:
AB8-ASA1,13,186
227.137
(4) The On the same day that the agency
shall submit submits the
7economic impact
report analysis to the legislative council staff
, under s. 227.15 (1),
8the agency shall also submit that analysis to the department of administration,
and
9to the petitioner to the governor, and to the chief clerks of each house of the
10legislature, who shall distribute the analysis to the presiding officers of their
11respective houses, to the chairpersons of the appropriate standing committees of
12their respective houses, as designated by those presiding officers, and to the
13cochairpersons of the joint committee for review of administrative rules. If a
14proposed rule is modified after the economic impact analysis is submitted under this
15subsection so that the economic impact of the proposed rule is significantly changed,
16the agency shall prepare a revised economic impact analysis for the proposed rule as
17modified. A revised economic impact analysis shall be prepared and submitted in the
18same manner as an original economic impact analysis is prepared and submitted.
AB8-ASA1, s. 20
20Section
20. 227.138 (title) and (1) of the statutes are repealed.
AB8-ASA1, s. 21
21Section
21. 227.138 (2) (intro.) of the statutes is renumbered 227.137 (6)
22(intro.) and amended to read:
AB8-ASA1,14,623
227.137
(6) (intro.) If an economic impact
report will be prepared under s.
24227.137 (2) analysis regarding a proposed rule
indicates that a total of $20,000,000
25or more in implementation and compliance costs are reasonably expected to be
1incurred by or passed along to businesses and individuals as a result of the proposed
2rule, the department
of administration shall review the proposed rule and issue a
3report. The agency
shall may not submit a proposed rule to the legislature for review
4under s. 227.19 (2) until the agency receives a copy of the department's report and
5the approval of the secretary of administration. The report shall include all of the
6following findings:
AB8-ASA1, s. 22
7Section
22. 227.138 (2) (a) of the statutes is renumbered 227.138 (6) (a) and
8amended to read:
AB8-ASA1,14,119
227.138
(6) (a) That the economic impact
report and the analysis
required
10under s. 227.137 (3) are is supported by related documentation contained
or
11referenced in the economic impact
report analysis.
AB8-ASA1, s. 23
12Section
23. 227.138 (2) (b) of the statutes is renumbered 227.137 (6) (b).
AB8-ASA1, s. 24
13Section
24. 227.138 (2) (c) of the statutes is renumbered 227.137 (6) (c).
AB8-ASA1, s. 25
14Section
25. 227.138 (2) (d) of the statutes is renumbered 227.137 (6) (d).
AB8-ASA1, s. 26
15Section
26. 227.138 (3) of the statutes is renumbered 227.137 (7) and amended
16to read:
AB8-ASA1,14,2317
227.137
(7) Before issuing a report under sub.
(2) (6), the department
of
18administration may return a proposed rule to the agency for further consideration
19and revision with a written explanation of why the proposed rule is
being returned.
20If the agency head disagrees with the department's reasons for returning the
21proposed rule, the agency head shall so notify the department in writing. The
22secretary of administration shall approve the proposed rule when the agency has
23adequately addressed the issues raised during the department's review of the rule.
AB8-ASA1, s. 28
25Section
28. 227.14 (2) (a) 6. of the statutes is amended to read:
AB8-ASA1,15,4
1227.14
(2) (a) 6. Any analysis and supporting documentation that the agency
2used in support of the agency's determination of the rule's effect on small businesses
3under s. 227.114 or that was used when the agency prepared an economic impact
4report analysis under s. 227.137 (3).
AB8-ASA1, s. 29
5Section
29. 227.15 (1) of the statutes is amended to read:
AB8-ASA1,15,166
227.15
(1) Submittal to legislative council staff. Prior to a public hearing
7on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19,
8an agency shall submit the proposed rule to the legislative council staff for review.
9The proposed rule shall be in the form required under s. 227.14 (1), and shall include
10the material required under s. 227.14 (2)
to (4), (3), and (4) and the economic impact
11analysis required under s. 227.137 (2). An agency may not hold a public hearing on
12a proposed rule or give notice under s. 227.19 until after it has received a written
13report of the legislative council staff review of the proposed rule or until after the
14initial review period of 20 working days under sub. (2) (intro.), whichever comes first.
15An agency may give notice of a public hearing prior to receipt of the legislative council
16staff report. This subsection does not apply to rules promulgated under s. 227.24.
AB8-ASA1, s. 30
17Section
30. 227.15 (1m) (bm) of the statutes is created to read:
AB8-ASA1,15,1818
227.15
(1m) (bm) The economic impact analysis required under s. 227.137 (2).
AB8-ASA1, s. 31
19Section
31. 227.17 (3) (em) of the statutes is created to read:
AB8-ASA1,15,2320
227.17
(3) (em) The economic impact analysis required under s. 227.137 (2) and
21any report prepared by the department of administration under s. 227.137 (6), or a
22summary of that analysis and report and a description of how a copy of the full
23analysis and report may be obtained from the agency at no charge.
AB8-ASA1,16,8
1227.185 Approval by governor. After a proposed rule is in final draft form,
2the agency shall submit the proposed rule to the governor for approval. The governor,
3in his or her discretion, may approve or reject the proposed rule. If the governor
4approves a proposed rule, the governor shall provide the agency with a written notice
5of that approval. No proposed rule may be submitted to the legislature for review
6under s. 227.19 (2) or filed with the legislative reference bureau under s. 227.20 for
7publication under s. 227.21 unless the governor has approved the proposed rule in
8writing.
AB8-ASA1, s. 33
9Section
33. 227.19 (2) of the statutes is amended to read:
AB8-ASA1,16,2510
227.19
(2) Notification of legislature. An agency shall submit a notice to the
11chief clerk of each house of the legislature when a proposed rule is in final draft form.
12The notice shall be submitted in triplicate and shall be accompanied by a report in
13the form specified under sub. (3). A notice received under this subsection on or after
14September 1 of an even-numbered year the last day of the legislature's final
15general-business floorperiod in the biennial session as established in the joint
16resolution required under s. 13.02 (3) shall be considered received on the first day of
17the next regular session of the legislature
, unless the presiding officers of both
18houses direct referral of the notice and report under this subsection before that day.
19The presiding officer of each house of the legislature shall, within 10 working days
20following the day on which the notice and report are received, direct the appropriate
21chief clerk to refer
them the notice and report to one standing committee. The agency
22shall submit to the legislative reference bureau for publication in the register a
23statement that a proposed rule has been submitted to the chief clerk of each house
24of the legislature. Each chief clerk shall enter a similar statement in the journal of
25his or her house.
AB8-ASA1, s. 34
1Section
34. 227.19 (3) (intro.) of the statutes is amended to read:
AB8-ASA1,17,92
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
3in writing and shall include the proposed rule in the form specified in s. 227.14 (1),
4the material specified in s. 227.14 (2)
to, (3), and (4), a copy of any economic impact
5report analysis prepared by the agency under s. 227.137
(2), a copy of any report
6prepared by the department of administration under s.
227.138 227.137 (6), a copy
7of any energy impact report received from the public service commission under s.
8227.117 (2), and a copy of any recommendations of the legislative council staff. The
9report shall also include all of the following: