LRB-2259/3
RPN:jld:rs
2007 - 2008 LEGISLATURE
June 14, 2007 - Introduced by Representatives LeMahieu, Nass, Lothian, Albers,
Vos, Hahn and Bies, cosponsored by Senator Grothman. Referred to
Committee on State Affairs.
AB410,1,4
1An Act to amend 227.19 (4) (b) 1. a., 227.19 (4) (b) 1. b., 227.19 (5) (b) 1. b. and
2227.21 (2) (a) of the statutes;
relating to: legislative committee review period
3of administrative rules and revisor consent regarding technical standards in
4rules.
Analysis by the Legislative Reference Bureau
Under current law, the attorney general and revisor of statutes must give
consent before an agency may adopt technical standards in a proposed rule by
reference to the publication where they appear, rather than placing the standards
in the proposed rule. However, the statutes only give the attorney general directions
as to when he or she shall give that consent. This bill removes the requirement that
the revisor of statutes must consent to the adoption by reference of the standards.
Currently, a legislative committee, including the Joint Committee for Review
of Administrative Rules, has 30 days after a rule is referred to the committee to
review the proposed rule. If the committee chairperson requests that the agency
proposing the rule meet with the committee or posts a notice that the committee will
hold a meeting to review the rule, current law extends the committee review period
for an additional 30 days. However, current law provides that the 30-day extension
begins on the day that the committee chairperson requests the meeting or on the day
that the notice is posted, not at the end of the first 30-day review period. This bill
removes the requirement that the 30-day extension begins on the day that the
committee chairperson requests the meeting or on the day that the meeting notice
is posted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB410, s. 1
1Section
1. 227.19 (4) (b) 1. a. of the statutes is amended to read:
AB410,2,42
227.19
(4) (b) 1. a. Request in writing that the agency meet with the committee
3to review the proposed rule.
The continuation of the review period begins on the date
4the request is sent to the agency.
AB410, s. 2
5Section
2. 227.19 (4) (b) 1. b. of the statutes is amended to read:
AB410,2,96
227.19
(4) (b) 1. b. Publish or post notice that the committee will hold a meeting
7or hearing to review the proposed rule and immediately send a copy of the notice to
8the agency.
The continuation of the review period begins on the date the notice is
9published or posted, whichever is earlier.
AB410, s. 3
10Section
3. 227.19 (5) (b) 1. b. of the statutes is amended to read:
AB410,2,1411
227.19
(5) (b) 1. b. Publish or post notice that the joint committee for review
12of administrative rules will hold a meeting or hearing to review the proposed rule and
13immediately send a copy of the notice to the agency.
The continuation of the review
14period begins on the date the notice is published or posted, whichever is earlier.
AB410, s. 4
15Section
4. 227.21 (2) (a) of the statutes is amended to read:
AB410,3,216
227.21
(2) (a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary
17expense an agency may, with the consent of
the revisor and the attorney general,
18adopt standards established by technical societies and organizations of recognized
19national standing by incorporating the standards in its rules by reference to the
1specific issue or issues of the publication in which they appear, without reproducing
2the standards in full.
