Under s. 227.15
, Stats., the Legislative Council staff acts as a clearinghouse for rule drafting and cooperates with an agency and LRB to do all of the following:
Review the statutory authority under which the agency intends to promulgate the rule.
Ensure that the procedures for the promulgation of a rule required by ch. 227
, Stats., are followed.
Review proposed rules for form, style, and placement in the Administrative Code.
Review proposed rules to avoid conflict with or duplication of existing rules.
Review proposed rules to provide adequate references to related statutes, rules, and forms.
Review proposed rules for clarity, grammar, and punctuation and to ensure plain language.
Review proposed rules to determine potential conflicts and to make comparisons with related federal statutes and regulations.
Review proposed rules for compliance with the permit action deadline requirements of s. 227.116
The period for Rules Clearinghouse review is 20 working days following the receipt of the paper copy
of the proposed rule. With the consent of the Director of the Legislative Council staff, the review period may be extended for an additional 20 working days. [s. 227.15 (1)
The Rules Clearinghouse assigns a Clearinghouse Rule number to the proposed rule, records the submission of the rules in the Bulletin of Proceedings of the Wisconsin Legislature and prepares two numbered rule jackets, one for each house. When the review of proposed rules is completed, the Rules Clearinghouse returns the rules, the rule jackets, and a Clearinghouse Report containing the results of the review under par. (a) to the agency.
3.023.02 Submission of proposed rules to Legislature. 3.02(1)(1)
. Following approval of the Governor under s. 227.185
, Stats., an agency submits a proposed rule to the Legislature by notifying the Chief Clerk of each house that the proposed rule is in final draft form. [s. 227.19 (2)
, Stats.] Each Chief Clerk should receive from the agency the appropriate rule jacket prepared under s. 3.01 (3) (c)
, Manual. Prior to transmittal to the Chief Clerks, the agency records on each rule jacket the date of any agency public hearing held regarding the proposed rule. If a public hearing is not required, the agency records this fact on each rule jacket. [See also s. 2.09
NOTE: An agency may not divide a rule into two separate rule-making orders following receipt of the Clearinghouse Report. The Clearinghouse rule number and rule jackets are unique to the originally submitted rule-making order and form the basis of the system used to record, handle, and monitor statutory deadlines on final draft rules.
It is helpful if the submission of rules that are based on a specific Act include a reference to both the Act number and bill number.
3.02(2)(2) Items included in submission
. The notification to the Chief Clerks must be in triplicate and include, as required in s. 227.19 (3)
, Stats., all of the following:
Any statement, suggested changes, or other material submitted to the agency by the SBRRB. [s. 227.14 (2g)
A copy of any revised economic impact analysis prepared by the agency. [s. 227.137 (4)
A copy of any report prepared by DOA for a proposed rule with $20,000,000 or more in implementation and compliance costs. [s. 227.137 (6)
A copy of any energy impact report received from the Public Service Commission. [s. 227.117 (2)
A detailed statement explaining the basis and purpose of the proposed rule, including how the proposed rule advances relevant statutory goals or purposes. [s. 227.19 (3) (a)
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. [s. 227.19 (3) (b)
A list of the persons who appeared or registered for or against the proposed rule at a public hearing. [s. 227.19 (3) (c)
A response to the recommendations in the Rules Clearinghouse Report indicating acceptance of the recommendations in whole, acceptance of the recommendations in part, rejection of the recommendations in whole, rejection of the recommendations in part, and the specific reason for rejecting any recommendation. [s. 227.19 (3) (a)
For a proposed rule that will have an effect on small businesses, a final regulatory flexibility analysis that contains the information in s. 227.19 (3) (e)
, Stats. A final regulatory flexibility analysis is not required for a proposed rule if the SBRRB determines that the rule will not have a significant economic impact on a substantial number of small businesses. [s. 227.19 (3m)
If an energy impact report regarding the proposed rule was submitted, an explanation of the changes, if any, that were made in the proposed rule in response to that report. [s. 227.19 (3) (f)
If applicable, the report from DOA for a proposed rule that directly or substantially affects the development, construction, cost, or availability of housing in this state. [s. 227.115
NOTE: An agency must submit electronically a copy of the notification to the Chief Clerks and the agency report to the Legislature to the Rules Clearinghouse at Clearing.House@legis.wisconsin.gov.
3.02(3)(3) Publication of notice
. The agency must place a notice in the Register stating that a proposed rule has been submitted to the Chief Clerk of each house of the Legislature. [s. 227.19 (2)
, Stats.] The notice must include the Clearinghouse number, introductory clause, and the date of submittal to the Chief Clerks. [See also s. 2.09 (2)
3.02(4)(4) Place of delivery
. Clearinghouse rule jackets should be delivered to the following offices:
Senate Chief Clerk
Room B20 Southeast, State Capitol
Assembly Chief Clerk
17 West Main Street, Room 401
3.033.03 Standing committee review. 3.03(1)(1) Referral to committees
. Each presiding officer must, within 10 working days of receipt by the Legislature for review, direct the Chief Clerk to refer the rule jackets to one standing committee of the particular house. If submittal to the Chief Clerks takes place after the last day of the Legislature's final general-business floorperiod in the biennial session, the rules shall be considered received on the first day of the next regular session of the Legislature for the purposes of determining the running of time periods for legislative committee review described in this section, unless the presiding officers of both houses refer the rule jackets before the first day of the next regular session. [s. 227.19 (2)
Upon receipt of notice that a proposed rule has been referred to a committee, the chairperson of the committee shall notify, in writing, each committee member of the referral. [s. 227.19 (4) (a)
The committee review period lasts for 30 days from the date the rule jacket is referred. If, within the 30-day period, a committee takes either of the following actions, the committee review period is extended for an additional 30 days: (1) requests in writing that the agency meet with the committee to review the proposed rule; or (2) publishes or posts notice that the committee will hold a meeting or hearing to review the proposed rule and immediately sends a copy of the notice to the agency. This action does not extend the review period of the committee in the other house. [s. 227.19 (4) (b)
If a proposed rule is received by the Chief Clerks after the last day of the Legislature's final general-business floorperiod in the biennial session and is referred for committee review before the first day of the next regular session of the Legislature, the committee review period extends to the date that the next Legislature convenes. If a committee has not concluded its jurisdiction before the next Legislature convenes, the presiding officer of the appropriate house shall re-refer the proposed rule in the manner specified in sub. (1). [s. 227.19 (4) (b) 1m.
A committee may waive its jurisdiction over a proposed rule by adopting, by a majority vote of a quorum of the committee, a motion waiving the committee's jurisdiction. This action does not waive the jurisdiction of the committee in the other house. [s. 227.19 (4) (c)
If a committee, by a majority vote of a quorum of the committee, requests modifications in a proposed rule, and the agency, in writing, agrees to consider modifications, the review period for both committees is extended either to the 10th working day following receipt by the committees of the modified proposed rule or a written statement to the committees that the agency will not make modifications or to the expiration of the initial or extended committee review period, whichever is later. There is no limit either on the number of modification agreements that may be entered into or on the time within which modifications may be made. Upon receipt of a modification or a written statement that an agency will not make modifications, the chairperson of the committee should notify each committee member of the receipt of the modification or written statement. [s. 227.19 (4) (b) 2.
If a committee in one house requests modifications, this does not preclude the committee in the other house, to which the proposed rule was referred, from taking action on the proposed rule. Since an agency is not required to comply with a request for modifications, if both committees recommend modifications that differ from each other, an agency may determine which of the recommendations to follow. However, as described in subd. 1., both committees have an opportunity to review any modifications that are submitted.
On its own initiative, an agency may submit germane modifications to a proposed rule to a standing committee during the review period. If the modifications are submitted within the final 10 days of the review period, the review period for both committees is extended for 10 working days. If an agency modification is submitted to a committee after the committee in the other house has concluded its jurisdiction over the proposed rule, the jurisdiction of the committee of the other house is revived for 10 working days. An agency also may modify a proposed rule following standing committee review, if the modification is germane to the subject matter of the proposed rule. If this is done, the modified rule must be resubmitted to the Chief Clerk in each house of the Legislature for referral and the normal committee review. [s. 227.19 (4) (b) 3.
NOTE: Whenever a modification of a rule is made, an agency must submit electronically a copy of the modification to the Rules Clearinghouse at "Clearing.House@legis.wisconsin.gov." 3.03(2)(f)(f)
A committee may object to a proposed rule, or part of a proposed rule, only for one or more of the following reasons in s. 227.19 (4) (d)
An emergency relating to public health, safety, or welfare.
A change in circumstances since enactment of the earliest law upon which the rule is based.
Being arbitrary and capricious or imposing an undue hardship.
For a proposed rule of the Department of Safety and Professional Services that establishes standards for the construction of a dwelling, an increase in the cost of constructing or remodeling a dwelling by more than $1,000.
If a committee objects, the committee chairperson must immediately notify the chairperson of the committee in the other house to which the proposed rule was referred. The committee in the other house may then take no further action other than also to object. [s. 227.19 (4) (b) 5.
NOTE: Since agencies are not routinely notified when committee review periods end, an agency should review the history of the rule on the legislative website, which will indicate when committee review periods end, or contact the staff to the chairpersons of the committees or the Chief Clerk of either house.
When a committee's jurisdiction over a proposed rule is concluded, the rule is referred to JCRAR. The review period for JCRAR is 30 days, but may be extended for an additional 30 days as in the case of an initial reviewing committee. If a proposed rule received an objection from a standing committee, JCRAR is required to take executive action within its review period and may either nonconcur in an objection, object to the proposed rule, or seek rule modifications as in the case of a committee during initial review of the proposed rule. JCRAR may take executive action within its review period with respect to any proposed rule, or part of a proposed rule, to which no committee objected. JCRAR may object to a proposed rule only for one or more of the reasons listed under sub. (2) (f).
An agency may not promulgate a rule until JCRAR nonconcurs in the objection of the committee, concurs in the approval of the committee, otherwise approves the proposed rule, or waives its jurisdiction over the proposed rule; until the expiration of the review period if no committee has objected to the proposed rule; or until a bill that sustains an objection fails to be enacted. [s. 227.19 (5) (c)
If a portion of a proposed rule receives an objection, the portion that receives no objection may be promulgated. [s. 227.19 (5) (d)
3.043.04 Legislative consideration of rules objection. 3.04(1)(1)
If JCRAR objects to a proposed rule, it shall, within 30 days, meet and take executive action regarding introduction of a bill in each house to support the objection. [s. 227.19 (5) (e)
If the bill is introduced on or after February 1 of an even-numbered year and before the next regular session of the Legislature commences, JCRAR must reintroduce the bills on the first day of the next regular session of the Legislature, unless either house adversely disposes of either bill. Adverse disposition of a bill occurs when one house has voted in any of the following ways:
Against ordering the bill engrossed.
Against ordering the bill to a third reading.
After introduction, the bills are referred to an appropriate committee in each house of the Legislature, to the calendar scheduling committee, or directly to the calendar. If the committees make no report within 30 days after referral, the bills are considered reported without recommendation. No later than 40 days after referral, the bills must be placed on the calendars of the respective houses of the Legislature according to the rules of the respective houses governing the placement of proposals on calendars. A bill received in the second house after passage in the first house must be referred, reported, and placed on the calendar in the same manner as an original bill introduced as described in this subsection. [s. 227.19 (6) (b)
If both bills required by the law are defeated or fail to be enacted in any other manner during a regular session, then the rule may be promulgated. If either bill becomes law, the agency may not promulgate the proposed rule, or part of the proposed rule, that was objected to unless a later law specifically authorizes promulgation of the proposed rule. [s. 227.19 (5) (f)
Like other bills, the bills introduced by JCRAR are subject to signature or veto by the Governor.
3.053.05 Withdrawal or recall of rules. 3.05(1)(1) Withdrawal of rules
. An agency may withdraw a proposed rule from the rule review process by notifying the Chief Clerk of each house of the Legislature and the Rules Clearinghouse in writing of its intention not to promulgate the rule. After withdrawing a proposed rule, an agency that decides to promulgate the proposed rule must begin the process over with a new scope statement and rule-making order. [Also see the first note following s. 3.01 (1)
, Manual.] [s. 227.14 (6)
3.05(2)(2) Recall of rules.
An agency may, during a standing committee review period, recall a proposed rule from the Chief Clerk of each house of the Legislature. If the agency decides to continue the rule-making process for the proposed rule, the agency shall resubmit it, either in the recalled form or with one or more germane modifications, to the Chief Clerk of each house and the committee review period begins again. [s. 227.19 (4) (b) 3m.
3.063.06 Treatment of rules in effect by JCRAR; other powers. 3.06(1)(a)(a) Rule suspension.
JCRAR may suspend a rule, including an emergency rule, at any time following promulgation after receiving testimony at a public hearing. JCRAR may suspend a rule only for one or more of the following reasons:
An emergency relating to public health, safety, or welfare.
A change of circumstances since enactment of the earliest law upon which the rule is based.