Section 227.15. Legislative council staff.

 

(1)   Submittal to legislative council staff. Prior to a public hearing on a proposed rule or, if no public hearing is required, prior to notice under s. 227.19 , an agency shall submit the proposed rule to the legislative council staff for review. The proposed rule shall be in the form required under s. 227.14 (1) , and shall include the material required under s. 227.14 (2) , (3) , and (4) , the economic impact analysis required under s. 227.137 (2) , and any revised economic impact analysis required under s. 227.137 (4) . An agency may not hold a public hearing on a proposed rule or give notice under s. 227.19 until after it has received a written report of the legislative council staff review of the proposed rule or until after the initial review period of 20 working days under sub. (2) (intro.) , whichever comes first. An agency may give notice of a public hearing prior to receipt of the legislative council staff report. This subsection does not apply to rules promulgated under s. 227.24 .

(1m)   Internet access to proposed rule. The legislative council staff shall create and maintain an Internet site that includes a copy of or link to each proposed rule received under sub. (1) in a format that allows searching using keywords. Each agency shall provide the legislative council staff with the proposed rules and other information needed to comply with this subsection in the format required by the legislative council staff. The Internet site shall identify or provide a link to a site that identifies proposed rules affecting small businesses, as defined in s. 227.114 (1) . The Internet site shall also include or provide a link to all of the following:

(a) The electronic mail address and telephone number of an agency contact person for each proposed rule.

(b) The material required under s. 227.14 (2) , (3) , and (4) .

(bm) The economic impact analysis required under s. 227.137 (2) and any revised economic impact analysis required under s. 227.137 (4) .

(c) Any report submitted to the legislative council staff under s. 227.14 (2g) .

(d) The written report of the legislative council staff review of the proposed rule prepared under sub. (2) and any agency comments regarding that report.

(e) The time, date, and place of any public hearing specified in the notice in s. 227.17 as soon as that notice is submitted to the legislative reference bureau under s. 227.17 (1) (a) .

(f) The place where comments on the proposed rule should be submitted and the deadline for submitting those comments.

(2)   Role of legislative council staff. The legislative council staff shall, within 20 working days following receipt of a proposed rule, review the proposed rule in accordance with this subsection. With the consent of the director of the legislative council staff, the review period may be extended for an additional 20 working days. The legislative council staff shall act as a clearinghouse for rule drafting and cooperate with the agency and the legislative reference bureau to:

(a) Review the statutory authority under which the agency intends to promulgate the proposed rule.

(b) Ensure that the promulgation procedures required by this chapter are followed.

(c) Review proposed rules for form, style and placement in the code.

(d) Review proposed rules to avoid conflict with or duplication of existing rules.

(e) Review proposed rules for adequate references to related statutes, rules and forms.

(f) Review proposed rules for clarity, grammar, punctuation and use of plain language.

(g) Review proposed rules to determine potential conflicts and to make comparisons with related federal statutes and regulations.

(h) Review proposed rules for compliance with the requirements of s. 227.116 .

(i) Streamline and simplify the rule-making process.

(3)   Assistance to committees. The legislative council staff shall work with and assist the appropriate committees of the legislature during the rule-making process. The legislative council staff may include in its report recommendations concerning proposed rules which the agency shall submit with the notice required under s. 227.19 (2) .

(4)   Notice of changes in rule-making authority. Whenever the rule-making authority of an agency is eliminated or significantly changed by the repeal, amendment or creation of a statute, by the interpretive decision of a court of competent jurisdiction or for any other reason, the legislative council staff shall notify the joint committee for review of administrative rules and the appropriate committees of each house of the legislature as determined by the presiding officer of each house. This subsection applies whether or not the rules of the agency are under review by the legislative council staff at the time of the change in rule-making authority.

(5)   Annual report. The legislative council staff shall submit an annual report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) , and to the governor summarizing any action taken and making recommendations to streamline the rule-making process and eliminate obsolete, duplicative and conflicting rules.

(6)   Public liaison. The legislative council staff shall assist the public in resolving problems related to rules. The assistance shall include but is not limited to providing information, identifying agency personnel who may be contacted in relation to rule-making functions, describing the location where a copy of a rule, proposed rule or form is available and encouraging and assisting participation in the rule-making process.

(7)   Rules procedures manual. The legislative council staff and the legislative reference bureau shall prepare a manual to provide agencies with information on drafting, promulgation and legislative review of rules.

1985 a. 182 ; 1987 a. 186 ; 1989 a. 31 ; 2001 a. 104 ; 2003 a. 145 ; 2005 a. 249 ; 2007 a. 20 ; 2011 a. 21 .