SB884,40,19 (a) Review the statement of scope of the proposed rule prepared under s. 227.135 to determine whether a revised statement of scope is required under s. 227.135 (4).

SB884,40,22 (b) Review the economic impact analysis for the proposed rule prepared under s. 227.137 to determine whether a revised economic impact analysis is required under s. 227.137 (4).

SB884,59 Section 59 . 227.185 of the statutes is amended to read:

SB884,41,7 227.185 Approval by governor. 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. The agency shall notify the joint committee for review of administrative rules whenever it submits a proposed rule for approval under this section. This section does not apply to proposed rules prepared by the department of public instruction.

SB884,60 Section 60. 227.20 (3) (a) of the statutes is amended to read:

SB884,41,9 227.20 (3) (a) That the rule was duly promulgated by the agency.

SB884,61 Section 61. 227.20 (3) (c) of the statutes is repealed.

SB884,62 Section 62 . 227.24 (1) (e) 1d. of the statutes is amended to read:

SB884,41,24 227.24 (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), 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 if directed under s. 227.136 (1). 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 approves the statement, if such approval is required, and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approve approves the statement.

SB884,63 Section 63 . 227.24 (1) (e) 1g. of the statutes is amended to read:

SB884,42,8 227.24 (1) (e) 1g. 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 proposed emergency rules of the department of public instruction.

SB884,64 Section 64 . 227.26 (2) (im) of the statutes is created to read:

SB884,42,12 227.26 (2) (im) Multiple suspensions. Notwithstanding pars. (i) and (j), the committee may act to suspend a rule as provided under this subsection multiple times.

SB884,65 Section 65 . 227.40 (1) of the statutes is amended to read:

SB884,43,5 227.40 (1) Except as provided in sub. (2), the exclusive means of judicial review of the validity of a rule or guidance document shall be an action for declaratory judgment as to the validity of the rule or guidance document brought in the circuit court for the county where the party asserting the invalidity of the rule or guidance document resides or has its principal place of business or, if that party is a nonresident or does not have its principal place of business in this state, in the circuit court for the county where the dispute arose. The officer or other agency whose rule or guidance document is involved shall be the party defendant. The summons in the action shall be served as provided in s. 801.11 (3) and by delivering a copy to that officer or, if the agency is composed of more than one person, to the secretary or clerk of the agency or to any member of the agency. The court shall render a declaratory judgment in the action only when it appears from the complaint and the supporting evidence that the rule or guidance document or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. A declaratory judgment may be rendered whether or not the plaintiff has first requested the agency to pass upon the validity of the rule or guidance document in question.

SB884,66 Section 66 . 227.40 (2) (intro.) of the statutes is amended to read:

SB884,43,8 227.40 (2) (intro.) The validity of a rule or guidance document may be determined in any of the following judicial proceedings when material therein:

SB884,67 Section 67 . 227.40 (2) (e) of the statutes is amended to read:

SB884,43,14 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.50, 106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for review of decisions and orders of administrative agencies if the validity of the rule or guidance document involved was duly challenged in the proceeding before the agency in which the order or decision sought to be reviewed was made or entered.

SB884,68 Section 68 . 227.40 (3) (intro.) of the statutes is renumbered 227.40 (3) (ag) and amended to read:

SB884,44,2 227.40 (3) (ag) In any judicial proceeding other than one set out above under sub. (1) or (2), in which the invalidity of a rule or guidance document is material to the cause of action or any defense thereto, the assertion of such that invalidity shall be set forth in the pleading of the party so maintaining the invalidity of such the rule or guidance document in that proceeding. The party so asserting the invalidity of such the rule or guidance document shall, within 30 days after the service of the pleading in which the party sets forth such the invalidity, apply to the court in which such the proceedings are had for an order suspending the trial of said the proceeding until after a determination of the validity of said the rule or guidance document in an action for declaratory judgment under sub. (1) hereof.

SB884,69 Section 69 . 227.40 (3) (a) of the statutes is renumbered 227.40 (3) (ar) and amended to read:

SB884,44,11 227.40 (3) (ar) Upon the hearing of such the application, if the court is satisfied that the validity of such the rule or guidance document is material to the issues of the case, an order shall be entered staying the trial of said proceeding until the rendition of a final declaratory judgment in proceedings to be instituted forthwith by the party asserting the invalidity of such the rule or guidance document. If the court shall find finds that the asserted invalidity of a the rule or guidance document is not material to the case, an order shall be entered denying the application for stay.

SB884,70 Section 70 . 227.40 (3) (b) and (c) of the statutes are amended to read:

SB884,44,19 227.40 (3) (b) Upon the entry of a final order in said the declaratory judgment action, it shall be the duty of the party who asserts the invalidity of the rule or guidance document to formally advise the court of the outcome of the declaratory judgment action so brought as ordered by the court. After the final disposition of the declaratory judgment action the court shall be bound by and apply the judgment so entered in the trial of the proceeding in which the invalidity of the rule or guidance document is asserted.

SB884,44,24 (c) Failure to set forth the invalidity of a rule or guidance document in a pleading or to commence a declaratory judgment proceeding within a reasonable time pursuant to such the order of the court or to prosecute such the declaratory judgment action without undue delay shall preclude such the party from asserting or maintaining such that the rule or guidance document is invalid.

SB884,71 Section 71 . 227.40 (4) (a) of the statutes is amended to read:

SB884,45,5 227.40 (4) (a) In any proceeding pursuant to this section for judicial review of a rule or guidance document, the court shall declare the rule or guidance document invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was promulgated or adopted without compliance with statutory rule-making or adoption procedures.

SB884,72 Section 72 . 227.40 (6) of the statutes is amended to read: