227.19 Legislative review prior to promulgation.

740 words·~3 min read·/wi/chapter-227/227-19-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Statement of purpose; rule-making powers.

(a)Article IV of the constitution of this state vests in the legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article V of the constitution of this state charges the executive with the responsibility to expedite all measures which may be resolved upon by the legislature.

(b)The legislature recognizes the need for efficient administration of public policy. In creating agencies and designating their functions and purposes, the legislature may delegate rule-making authority to these agencies to facilitate administration of legislative policy. The delegation of rule-making authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the legislature reserves to itself:

1. The right to retract any delegation of rule-making authority.

2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rule-making authority.

3. The right and responsibility to designate the method for rule promulgation, review and modification.

4. The right to delay or suspend the implementation of any rule or proposed rule while under review by the legislature.

(2)Notification of legislature. An agency shall submit a notice to the chief clerk of each house of the legislature when a proposed rule is in final draft form. The notice shall be submitted in triplicate and shall be accompanied by a report in the form specified under sub.

(3). A notice received under this subsection after the last day of the legislature’s final general-business floorperiod in the biennial session as established in the joint resolution required under s. 13.02

(3)shall be considered received on the first day of the next regular session of the legislature, unless the presiding officers of both houses direct referral of the notice and report under this subsection before that day. The presiding officer of each house of the legislature shall, within 10 working days following the day on which the notice and report are received, direct the appropriate chief clerk to refer the notice and report to one standing committee. The agency shall submit to the legislative reference bureau for publication in the register, in an electronic format approved by the legislative reference bureau, a statement that a proposed rule has been submitted to the chief clerk of each house of the legislature. The agency shall also include in the statement the date of approval of the proposed rule by the governor under s. 227.185 . Each chief clerk shall enter a similar statement in the journal of his or her house.

(3)Form of report. The report required under sub.

(2)shall be in writing and shall include the proposed rule in the form specified in s. 227.14

(1); the material specified in s. 227.14

(2),

(3), and

(4); including any statement, suggested changes, or other material submitted to the agency by the small business regulatory review board; a copy of any economic impact analysis prepared by the agency under s. 227.137

(2); a copy of any revised economic impact analysis prepared by the agency under s. 227.137

(4); a copy of any independent economic impact analysis prepared under s. 227.137

(4m); a copy of any energy impact report received from the public service commission under s. 227.117

(2); and a copy of any recommendations of the legislative council staff. The report shall also include all of the following:

(a)A detailed statement explaining the basis and purpose of the proposed rule, including how the proposed rule advances relevant statutory goals or purposes.

(b)A summary of public comments to the proposed rule and the agency’s response to those comments, and an explanation of any modification made in the proposed rule as a result of public comments or testimony received at a public hearing.

(c)A list of the persons who appeared or registered for or against the proposed rule at a public hearing held under s. 227.136 or 227.16 .

(cm)Any changes to the analysis prepared under s. 227.14

(2)or the fiscal estimate prepared under s. 227.14

(4).

(d)A response to the legislative council staff recommendations under s. 227.15 indicating:

1. Acceptance of the recommendations in whole or in part.

2. Rejection of the recommendations in whole or in part.

3. The specific reason for rejecting any recommendation.