SB 319

Introduction

2011 Wisconsin Act 21

made various changes relating to the administrative

rule-making process, including requiring gubernatorial approval of the statement

of the scope of a proposed rule (statement of scope) and the final draft of a proposed

rule and expanding the scope of the requirement that an economic impact analysis

be prepared for a proposed rule.

This bill eliminates those changes, thereby restoring prior law, with respect to

a proposed rule that was 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.

Gubernatorial approval of proposed rules

2011 Wisconsin Act 21

made certain changes with respect to the statement of

scope that must be approved before any state employee or official may perform any

activity in connection with the drafting of the proposed rule. The act:

1. Required a statement of scope to be approved by the governor before a state

employee or official may perform any activity in connection with the drafting of a

proposed rule. Prior law required only the individual or body with policy-making

powers over the subject matter of the proposed rule (policy-making individual or

body) to approve a statement of scope before those activities may be performed.

2. Eliminated automatic approval of a statement of scope if the policy-making

individual or body does not disapprove the statement of scope within 30 days after

it is presented to that individual or body, or by the eleventh day after its publication

in the Wisconsin Administrative Register, whichever is later. Prior law permitted

automatic approval of a statement of scope if the policy-making individual or body

did not disapprove the statement of scope within that period.

3. Required an agency to prepare and obtain approval of a revised statement

of scope if after a statement of scope is approved the agency changes the scope of the

proposed rule in any meaningful or measurable way. Prior law did not require a

revised statement of scope if the scope of a proposed rule changed after approval of

the original statement of scope.

4. Required an agency to prepare and obtain approval of a statement of scope

for a proposed emergency rule in the same manner as a statement of scope is

prepared and approved for a nonemergency rule. Prior law did not require a

statement of scope for an emergency rule.

This bill eliminates those changes, thereby restoring prior law, with respect to

a proposed rule that was 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.