SB 328

This bill makes various changes to the rule-making process with respect to

proposed administrative rules relating to fish or wildlife that are considered at the

joint annual spring hearing of the Department of Natural Resources and the

Wisconsin Conservation Congress (spring DNR-WCC meeting).

Gubernatorial approval and statements of scope for proposed rules

Current law requires a statement of the scope of a proposed rule to be presented

to the Department of Administration and be approved by the governor and the

individual or body that has policy-making powers for a state agency before a state

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

proposed rule. Under the bill, for rules that are considered at the spring DNR-WCC

meeting, only the Natural Resources Board is required to approve a statement of

scope before those activities may be performed. In addition, the bill permits

automatic approval of a statement of scope for rules that are considered at the spring

DNR-WCC meeting if the Natural Resources Board does not disapprove the

statement of scope within 30 days after it is presented to the board or by the 11th day

after its publication in the Wisconsin Administrative Register, whichever is later.

Under current law, a state agency must 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. Under

the bill, this requirement does not apply to rules that are considered at the spring

DNR-WCC meeting.

Under current law, a state agency must 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. Under the bill, a

statement of scope is not required for emergency rules considered at the spring

DNR-WCC meeting.

Finally, current law requires a state agency to submit a proposed rule in final

draft form to the governor for approval before the rule may be submitted to the

legislature for review and to submit a proposed emergency rule in final draft form

to the governor for approval before the emergency rule may be filed with the

Legislative Reference Bureau for publication. The bill eliminates these

requirements for gubernatorial approval for rules that are considered at the spring

DNR-WCC meeting.

Economic impact analyses for proposed rules

When report must be prepared.

Current law requires each state agency to

prepare an economic impact analysis for all permanent rules proposed by the agency.

In addition, current law requires a state agency to prepare a revised economic impact

analysis if a proposed rule is modified after the original economic impact analysis is

submitted so as to significantly change the economic impact of the proposed rule.