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LRBs0063/1
MED:klm
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 148
April 26, 2017 - Offered by Representative Neylon.
AB148-ASA1,1,3 1An Act to renumber and amend 227.14 (6) (c); and to create 227.135 (5) and
2227.14 (6) (c) 1. a. of the statutes; relating to: expiration of statements of scope
3for administrative rules.
Analysis by the Legislative Reference Bureau
Under current law, an agency must prepare a statement of the scope of any
administrative rule that it plans to promulgate that contains certain information
about the agency's proposal to promulgate the rule. This substitute amendment
provides for the expiration of a statement of scope 30 months after the date on which
the statement is published in the Wisconsin Administrative Register. The substitute
amendment provides that once a statement of scope expires, an agency may not
submit a proposed rule based on that statement of scope to the legislature for final
review, and any such rule that has not yet been submitted to the legislature is
considered withdrawn.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB148-ASA1,1 4Section 1 . 227.135 (5) of the statutes is created to read:
AB148-ASA1,2,9
1227.135 (5) A statement of scope shall expire on the date that is 30 months after
2the date on which it is published in the register. After a statement of scope expires,
3an agency may not submit a proposed rule based upon that statement of scope to the
4legislature for review under s. 227.19 (2), and any such rule that has not been
5submitted to the legislature for review before that date shall be considered
6withdrawn on that date as provided in s. 227.14 (6) (c) 1. a. For purposes of this
7subsection, a revised statement of scope prepared under sub. (4) shall expire on the
8date that is 30 months after the date on which the revised statement is published in
9the register.
AB148-ASA1,2 10Section 2. 227.14 (6) (c) of the statutes is renumbered 227.14 (6) (c) 1. (intro.)
11and amended to read:
AB148-ASA1,2,1412 227.14 (6) (c) 1. (intro.) A proposed rule shall be considered withdrawn on
13whichever of the following dates occurs first, unless it is withdrawn sooner by the
14agency under par. (b):
AB148-ASA1,2,18 15b. On December 31 of the 4th year after the year in which it is submitted to the
16legislative council staff under s. 227.15 (1), unless it has been filed with the
17legislative reference bureau under s. 227.20 (1) or withdrawn by the agency before
18that date.
AB148-ASA1,2,21 192. No action by a legislative committee or by either house of the legislature
20under s. 227.19 delays the date of withdrawal of a proposed rule under this
21paragraph.
AB148-ASA1,3 22Section 3. 227.14 (6) (c) 1. a. of the statutes is created to read:
AB148-ASA1,2,2523 227.14 (6) (c) 1. a. If the proposed rule is not submitted to the legislature for
24review under s. 227.19 (2) before the statement of the scope of the proposed rule
25expires as provided in s. 227.135 (5), on the date that statement of scope expires.
AB148-ASA1,4
1Section 4. Nonstatutory provisions.
AB148-ASA1,3,52 (1) A statement of scope or revised statement of scope prepared under section
3227.135 of the statutes that was published in the Wisconsin administrative register
4before the date specified in Section 5 (1 ) of this act shall expire on the date that is
530 months after the effective date of this subsection.
AB148-ASA1,5 6Section 5 . Initial applicability.
AB148-ASA1,3,107 (1) The treatment of section 227.135 (5), the renumbering and amendment of
8section 227.14 (6) (c), and the creation of section 227.14 (6) (c) 1. a. of the statutes first
9apply to a statement of scope that is published in the Wisconsin administrative
10register on the effective date of this subsection.
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