SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 8
January 28, 2011 - Offered by Senator Hopper.
SB8-SSA1,2,10
1An Act to repeal 227.137 (1), 227.137 (2) (a), 227.137 (2) (b), 227.137 (5), 227.138
2(title) and (1), 227.138 (4) and 227.19 (5) (b) 3.;
to renumber 227.138 (2) (b),
3227.138 (2) (c), 227.138 (2) (d) and 227.24 (1) (e) 1.;
to renumber and amend
4227.11 (2) (a), 227.137 (2) (intro.), 227.138 (2) (intro.), 227.138 (2) (a) and
5227.138 (3);
to amend 227.135 (2), 227.135 (3), 227.137 (title), 227.137 (3)
6(intro.), 227.137 (3) (a), 227.137 (3) (b), 227.137 (3) (c), 227.137 (4), 227.14 (2)
7(a) 6., 227.15 (1), 227.19 (2), 227.19 (3) (intro.), 227.19 (4) (b) 1. (intro.), 227.19
8(4) (b) 2., 227.19 (4) (b) 2m., 227.19 (4) (b) 3., 227.19 (4) (b) 3m., 227.19 (4) (b)
95., 227.19 (4) (b) 6., 227.19 (4) (c), 227.19 (4) (d) (intro.), 227.19 (5) (a), 227.19
10(5) (b) 1. (intro.), 227.19 (5) (b) 2., 227.19 (5) (b) 4., 227.19 (5) (c), 227.19 (5) (d),
11227.19 (5) (e), 227.19 (5) (f), 227.19 (5) (g) (intro.), 227.19 (6) (a) 1., 227.19 (6)
12(a) 4., 227.40 (1) and 801.50 (3);
to repeal and recreate 227.135 (4) and 227.19
13(4) (e); and
to create 227.10 (2m), 227.11 (2) (a) 1. to 3., 227.137 (3) (d), 227.137
1(3) (e), 227.15 (1m) (bm), 227.17 (3) (em), 227.185, 227.19 (4) (b) 1m., 227.19 (5)
2(b) 1m., 227.24 (1) (e) 1d. and 227.24 (1) (e) 1g. of the statutes;
relating to: the
3authority of a state agency to promulgate rules interpreting the provisions of
4a statute enforced or administered by the agency and to implement or enforce
5any standard, requirement, or threshold as a term or condition of a license
6issued by the state agency; gubernatorial approval of proposed rules; economic
7impact analyses of proposed rules; legislative review of proposed rules; and
8venue in a declaratory judgment action seeking judicial review of the validity
9of an administrative rule and in an action in which the sole defendant is the
10state.
Analysis by the Legislative Reference Bureau
Introduction
This substitute amendment makes various changes relating to: 1) the
authority of a state agency (agency) to promulgate administrative rules (rules)
interpreting the provisions of a statute enforced or administered by the agency and
to implement or enforce any standard, requirement, or threshold as a term or
condition of a license issued by the agency; 2) gubernatorial approval of proposed
rules; 3) economic impact analyses for proposed rules; 4) legislative review of
proposed rules; and 5) venue in declaratory judgment actions seeking judicial review
of the validity of a rule and in actions in which the sole defendant is the state.
Agency authority to promulgate rules and implement standards
Under current law, an agency may promulgate rules interpreting the provisions
of any statute enforced or administered by the agency, if the agency considers it
necessary to effectuate the purpose of the statute, except that a rule is not valid if the
rule exceeds the bounds of correct interpretation.
This substitute amendment provides that all of the following apply to the
promulgation of a rule interpreting the provisions of a statute enforced or
administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration
of legislative intent, purpose, findings, or policy does not confer rule-making
authority on the agency or augment the agency's rule-making authority beyond the
rule-making authority that is expressly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does
not confer rule-making authority on the agency or augment the agency's
rule-making authority beyond the rule-making authority that is expressly
conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or
threshold does not confer on the agency the authority to promulgate, enforce, or
administer a rule that contains a standard, requirement, or threshold that is more
restrictive than the standard, requirement, or threshold contained in the statutory
provision.
The substitute amendment also prohibits an agency from implementing or
enforcing any standard, requirement, or threshold as a term or condition of any
license issued by the agency unless such implementation and enforcement is
expressly required or permitted by statute or by a rule that has been promulgated
in accordance with statutory rule-making procedures. In addition, the substitute
amendment permits the governor, by executive order, to prescribe standards to
ensure that rules are promulgated in compliance with the subchapter of the statutes
governing rule making.
Gubernatorial approval of proposed rules
Current law requires an agency that is planning to promulgate a rule to prepare
a statement of the scope of the proposed rule (statement of scope), present the
statement of scope to the individual or body with policy-making powers over the
subject matter of the proposed rule (policy-making individual or body) for approval,
and send the statement of scope to the Legislative Reference Bureau (LRB) for
publication in the Wisconsin Administrative Register (register). Currently, the
policy-making individual or body may not approve a statement of scope until at least
tenth days after publication of the statement of scope in the register. Current law
also provides that 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 register, whichever is later, the
statement is considered to be approved. Finally, current law prohibits a state
employee or official from performing any activity in connection with the drafting of
a proposed rule, except for an activity necessary to prepare the statement of scope,
until the policy-making individual or body approves the statement of scope.
This substitute amendment makes the following changes with respect to
statements of scope:
1. Requires a statement of scope to be approved by the governor as well as by
the policy-making individual or body before the statement of scope may be sent to
the LRB for publication in the register and prohibits a state employee or official from
performing any activity in connection with the drafting of a proposed rule, except for
an activity necessary to prepare the statement of scope, until the governor as well
as the policy-making individual or body approves the statement of scope.
2. Eliminates 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 register, whichever is later.
3. Requires 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.
4. Requires 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. A statement of scope for a proposed
emergency rule must be published at the same time that the emergency rule is
published. If the agency changes the scope of a proposed emergency rule, the agency
must prepare and obtain approval of a revised statement of scope for the proposed
emergency rule in the same manner as a revised statement of scope is prepared and
approved for a nonemergency rule.
In addition, the substitute amendment requires an 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
LRB for publication.
Economic impact analyses for proposed rules
Under current law, before the Department of Agriculture, Trade and Consumer
Protection (DATCP), the Department of Commerce (Commerce), the Department of
Natural Resources (DNR), the Department of Transportation (DOT), or the
Department of Workforce Development (DWD) may submit a proposed rule to the
legislature for review, a municipality, an association that represents a farm, labor,
business, or professional group, or five or more persons that would be affected by the
proposed rule may submit a petition to the Department of Administration (DOA)
requesting the secretary of administration (secretary) to direct DATCP, Commerce,
DNR, DOT, or DWD to prepare an economic impact report for the proposed rule. The
secretary may direct the preparation of an economic impact report in any case and
must direct the preparation of such a report if: 1) the proposed rule would cost
affected persons $20,000,000 or more during each of the first five years after the
rule's implementation to comply with the rule; or 2) the rule would adversely affect
in a material way the economy, a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or state, local, or tribal governments
or communities. An economic impact report, however, is not required for an
emergency rule.
An economic impact report must contain information on the effect of the
proposed rule on specific businesses, business sectors, and the state's economy and
must include all of the following: 1) an analysis and quantification of the problem,
including any risks to public health or the environment, that the rule is intending
to address; 2) an analysis and quantification of the economic impact of the rule,
including costs reasonably expected to be incurred by the state, governmental units,
associations, businesses, and affected individuals; and 3) an analysis of benefits of
the rule, including how the rule reduces the risks and addresses the problems that
the rule is intended to address. The agency must submit the economic impact report
to the legislative council staff and DOA and may not submit the proposed rule to the
legislature until DOA has issued a report on the proposed rule and the secretary has
approved the proposed rule.
This substitute amendment requires any state agency to prepare an economic
impact analysis, rather than a report, before the agency may submit any proposed
rule to the legislative council staff for review, which must be done before a public
hearing is held on the proposed rule or, if no public hearing is held, before the
proposed rule is submitted to the legislature for review.
The substitute amendment also requires certain additional information to be
included in an economic impact analysis. Specifically, in addition to the information
that must be included in an economic impact report under current law, an economic
impact analysis must also include:
1. Information on the effect of a proposed rule on public utility ratepayers and
local governmental units.
2. An analysis of alternative to the proposed rule, including the alternative of
not promulgating the rule.
3. A determination made in consultation with the businesses, local
governmental units, and individuals that may be affected by the proposed rule as to
whether the proposed rule would adversely affect in a material way the economy, a
sector of the economy, productivity, jobs, or the overall economic competitiveness of
this state.
4. Comparisons with the approaches used by the federal government and by
Illinois, Iowa, Michigan, and Minnesota to address the policy problem that the
proposed rule is intending to address and, if the approach chosen by the agency to
address that policy problem is different from those approaches, a statement as to why
the agency chose a different approach.
5. An assessment of how effective the proposed rule will be in addressing the
policy problem that the rule is intended to address.
In addition, the substitute amendment requires all of the following:
1. An agency to submit an economic impact statement not only to the legislative
council staff and DOA as under current law but also to the governor and to the chief
clerk of each house of the legislature for distribution to the presiding officers of each
house, the chairpersons of the appropriate standing committees of each house, and
the cochairpersons of the Joint Committee for Review of Administrative Rules
(JCRAR).
2. DOA to issue a report on a proposed rule, and the secretary to approve a
proposed rule, if the economic impact analysis indicates that a total of $20,000,000
or more in implementation and compliance costs are reasonably expected to be
incurred by or passed along to businesses, local governmental units, and individuals
as a result of the proposed rule.
3. An 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.
4. The legislative council staff to provide on its Internet site an economic impact
analysis submitted to the legislative council staff or a link to that analysis.
5. A notice of a public hearing on a proposed rule to include the economic impact
analysis for the proposed rule and any report on the proposed rule prepared by DOA,
or a summary of that analysis and report and a description of how the full analysis
and report may be obtained from the agency at no charge.
Legislative review of proposed rules
Under current law, when a proposed rule is in final form, the agency must notify
the legislature as to that fact and the presiding officer of each house of the legislature
must then direct the proposed rule to be referred to one standing committee of his
or her house. If that notice is received on or after September 1 of an even-numbered
year, the notice is considered received on the first day of the next regular session of
the legislature, which means that legislative review of the proposed rule is deferred
to the next legislature. A standing committee to which a proposed rule is referred
then has 30 days after referral within which to review the proposed rule (committee
review period). During the committee review period, a standing committee may
request modifications to the proposed rule, waive its jurisdiction over the proposed
rule, or object to the proposed rule.
If a standing committee objects to a proposed rule, the proposed rule and
objection are referred to JCRAR, which also has a 30-day committee review period
within which JCRAR must meet in executive session to take action on the standing
committee's objections, which actions include requesting modifications to the
proposed rule, nonconcurring in the standing committee's objection to the proposed
rule, or objecting to the proposed rule. If JCRAR nonconcurs in the standing
committee's objection, the agency may promulgate the rule. If JCRAR objects to the
proposed rule, JCRAR must introduce bills in each house of the legislature to prevent
promulgation of the rule and the agency may not promulgate the rule until those bills
fail to be enacted.
This substitute amendment changes the date by which a proposed rule must be
submitted to the legislature in order for the proposed rule to be reviewed by the
current legislature, from September 1 of an even-numbered year to the last day of
the legislature's final general-business floorperiod of the biennial session. The
substitute amendment, however, permits the presiding officers of both houses of the
legislature to refer a proposed rule submitted to the legislature after that date for
review by the standing committees and JCRAR of the current legislature. For a
proposed rule referred for review after that date, the committee review period
extends to the day on which the next legislature convenes. Also, for such a proposed
rule, the substitute amendment permits JCRAR to meet and take action in executive
session. Under the substitute amendment, if JCRAR does meet in executive session
with respect to a proposed rule or a part of a proposed rule to which a standing
committee has objected, JCRAR must take action with respect to the standing
committees objections.
In addition, the substitute amendment requires all proposed rules reviewed by
a standing committee to be referred to JCRAR, regardless of whether a standing
committee has objected to the proposed rule or part of the proposed rule. The
substitute amendment also provides that the committee review period for JCRAR
extends for 30 days after the last referral of a proposed rule to JCRAR. In addition,
the substitute amendment permits JCRAR to meet and take action in executive
session with respect to a rule or a part of a rule to which no standing committee has
objected. Moreover, the substitute amendment permits JCRAR to request
modifications to a proposed rule, nonconcur in a standing committee's objection to a
proposed rule, concur in a standing committee's approval of a proposed rule,
otherwise approve a proposed rule, waive its jurisdiction over a proposed rule, or
object to a proposed rule in whole or in part.
Venue in judicial review actions and in actions against state
Under current law, subject to certain exceptions, the exclusive means of judicial
review of the validity of a rule is by an action for declaratory judgment as to the
validity of the rule brought in the circuit court for Dane County. This substitute
amendment permits a declaratory judgment action seeking judicial review of the
validity of a rule to be brought in the county where the party asserting the invalidity
of the rule resides or has its principal place of business.
Under current law, any civil action or special proceeding in which the state, a
state board or commission, or a state officer, employee, or agent acting in his or her
official capacity is the sole defendant, is venued in Dane County. Under the
substitute amendment, those actions are venued in the county where the plaintiff
resides unless a different venue is specifically authorized by law. Under the
substitute amendment, if a plaintiff is not a resident of the state or is not a natural
person, the action is venued in the county where the dispute arose.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB8-SSA1, s. 1
1Section
1. 227.10 (2m) of the statutes is created to read:
SB8-SSA1,7,72
227.10
(2m) No agency may implement or enforce any standard, requirement,
3or threshold as a term or condition of any license issued by the agency unless such
4implementation and enforcement is expressly required or permitted by statute or by
5a rule that has been promulgated in accordance with this subchapter. The governor,
6by executive order, may prescribe standards to ensure that rules are promulgated in
7compliance with this subchapter.
SB8-SSA1, s. 2
8Section
2. 227.11 (2) (a) of the statutes is renumbered 227.11 (2) (a) (intro.) and
9amended to read:
SB8-SSA1,8,6
1227.11
(2) (a) (intro.) Each agency may promulgate rules interpreting the
2provisions of any statute enforced or administered by
it the agency, if the agency
3considers it necessary to effectuate the purpose of the statute, but a rule is not valid
4if
it the rule exceeds the bounds of correct interpretation.
All of the following apply
5to the promulgation of a rule interpreting the provisions of a statute enforced or
6administered by an agency:
SB8-SSA1, s. 3
7Section
3. 227.11 (2) (a) 1. to 3. of the statutes are created to read:
SB8-SSA1,8,128
227.11
(2) (a) 1. A statutory or nonstatutory provision containing a statement
9or declaration of legislative intent, purpose, findings, or policy does not confer
10rule-making authority on the agency or augment the agency's rule-making
11authority beyond the rule-making authority that is expressly conferred on the
12agency by the legislature.
SB8-SSA1,8,1613
2. A statutory provision describing the agency's general powers or duties does
14not confer rule-making authority on the agency or augment the agency's
15rule-making authority beyond the rule-making authority that is expressly
16conferred on the agency by the legislature.
SB8-SSA1,8,2117
3. A statutory provision containing a specific standard, requirement, or
18threshold does not confer on the agency the authority to promulgate, enforce, or
19administer a rule that contains a standard, requirement, or threshold that is more
20restrictive than the standard, requirement, or threshold contained in the statutory
21provision.
SB8-SSA1, s. 4
22Section
4. 227.135 (2) of the statutes is amended to read:
SB8-SSA1,9,1623
227.135
(2) Until An agency that has prepared a statement of the scope of the
24proposed rule shall present the statement to the governor and to the individual or
25body with policy-making powers over the subject matter of
a the proposed rule
1approves a statement of the scope of the proposed rule, a state employee or official
2may not perform any activity in connection with drafting the proposed rule except
3for an activity necessary to prepare the statement for approval. The agency may not
4send the statement to the legislative reference bureau for publication under sub. (3)
5until the governor issues a written notice of approval of the statement. The
6individual or body with policy-making powers may not approve
a the statement
7until at least 10 days after publication of the statement
in the register as required 8under sub. (3).
If the individual or body with policy-making powers does not
9disapprove the statement within 30 days after the statement is presented to the
10individual or body, or by the 11th day after publication of the statement in the
11register, whichever is later, the statement is considered to be approved No state
12employee or official may perform any activity in connection with the drafting of a
13proposed rule except for an activity necessary to prepare the statement of the scope
14of the proposed rule until the governor and the individual or body with
15policy-making powers over the subject matter of the proposed rule approves the
16statement.
SB8-SSA1, s. 5
17Section
5. 227.135 (3) of the statutes is amended to read:
SB8-SSA1,9,2218
227.135
(3) The agency shall send the
If the governor approves a statement of
19the scope of a proposed rule
under sub. (2), the agency shall send the statement to
20the legislative reference bureau for publication in the register. On the same day that
21the agency sends the statement to the legislative reference bureau, the agency shall
22send a copy of the statement to the secretary of administration.
SB8-SSA1, s. 6
23Section
6. 227.135 (4) of the statutes is repealed and recreated to read:
SB8-SSA1,9,2524
227.135
(4) If at any time after a statement of the scope of a proposed rule is
25approved under sub. (2) the agency changes the scope of the proposed rule in any
1meaningful or measurable way, including changing the scope of the proposed rule so
2as to include in the scope any activity, business, material, or product that is not
3specifically included in the original scope of the proposed rule, the agency shall
4prepare and obtain approval of a revised statement of the scope of the proposed rule
5in the same manner as the original statement was prepared and approved under
6subs. (1) and (2). No state employee or official may perform any activity in connection
7with the drafting of the proposed rule except for an activity necessary to prepare the
8revised statement of the scope of the proposed rule until the revised statement is so
9approved.
SB8-SSA1, s. 7
10Section
7. 227.137 (title) of the statutes is amended to read:
SB8-SSA1,10,11
11227.137 (title)
Economic impact reports analyses of proposed rules.
SB8-SSA1, s. 9
13Section
9. 227.137 (2) (intro.) of the statutes is renumbered 227.137 (2) and
14amended to read:
SB8-SSA1,11,515
227.137
(2) After an agency publishes a statement of the scope of a proposed
16rule under s. 227.135, and before the agency submits the proposed rule to the
17legislature for review under s. 227.19 (2), a municipality, an association that
18represents a farm, labor, business, or professional group, or 5 or more persons that
19would be directly and uniquely affected by the proposed rule may submit a petition
20to the department of administration asking that the secretary of administration
21direct the agency to prepare an economic impact report for the proposed rule. The 22An agency shall prepare an economic impact
report analysis for a proposed rule 23before submitting the proposed rule to the
legislature for review under s. 227.19 (2)
24if the secretary of administration directs the agency to prepare that report. The
25secretary of administration may direct the agency to prepare an economic impact
1report for the proposed rule before submitting the proposed rule to the legislature for
2review under s. 227.19 (2). The secretary of administration shall direct the agency
3to prepare an economic impact report for the proposed rule before submitting the
4proposed rule to the legislature for review under s. 227.19 (2) if the secretary
5determines that all of the following apply: legislative council staff under s. 227.15.
SB8-SSA1, s. 12
8Section
12. 227.137 (3) (intro.) of the statutes is amended to read:
SB8-SSA1,11,219
227.137
(3) (intro.) An economic impact
report analysis of a proposed rule shall
10contain information on the
economic effect of the proposed rule on specific
11businesses, business sectors,
public utility ratepayers, local governmental units, and
12the state's economy
as a whole. When preparing the
report analysis, the agency shall
13solicit information and advice from
the department of commerce, and from
14governmental units, associations, businesses,
associations representing businesses,
15local governmental units, and individuals that may be affected by the proposed rule.
16The agency shall prepare the economic impact analysis in coordination with local
17governmental units that may be affected by the proposed rule. The agency may
18request information that is reasonably necessary for the preparation of an economic
19impact
report analysis from other
state agencies, governmental units, associations,
20businesses,
associations, local governmental units, and individuals
and from other
21agencies. The economic impact
report analysis shall include all of the following:
SB8-SSA1, s. 13
22Section
13. 227.137 (3) (a) of the statutes is amended to read:
SB8-SSA1,12,323
227.137
(3) (a) An analysis and quantification of the
policy problem
, including
24any risks to public health or the environment, that the
proposed rule is intending to
25address
, including comparisons with the approaches used by the federal government
1and by Illinois, Iowa, Michigan, and Minnesota to address that policy problem and,
2if the approach chosen by the agency to address that policy problem is different from
3those approaches, a statement as to why the agency chose a different approach.
SB8-SSA1, s. 14
4Section
14. 227.137 (3) (b) of the statutes is amended to read:
SB8-SSA1,12,95
227.137
(3) (b) An analysis and
detailed quantification of the economic impact
6of the
proposed rule, including
the implementation and compliance costs
that are 7reasonably expected to be incurred by
the state, governmental units, associations, 8or passed along to the businesses,
local governmental units, and
affected individuals
9that may be affected by the proposed rule.
SB8-SSA1, s. 15
10Section
15. 227.137 (3) (c) of the statutes is amended to read:
SB8-SSA1,12,1411
227.137
(3) (c) An analysis of
the actual and quantifiable benefits of the
12proposed rule, including
how the rule reduces the risks and addresses the problems 13an assessment of how effective the proposed rule will be in addressing the policy
14problem that the rule is intended to address.
SB8-SSA1, s. 16
15Section
16. 227.137 (3) (d) of the statutes is created to read:
SB8-SSA1,12,1716
227.137
(3) (d) An analysis of alternatives to the proposed rule, including the
17alternative of not promulgating the proposed rule.
SB8-SSA1, s. 17
18Section
17. 227.137 (3) (e) of the statutes is created to read:
SB8-SSA1,12,2319
227.137
(3) (e) A determination made in consultation with the businesses, local
20governmental units, and individuals that may be affected by the proposed rule as to
21whether the proposed rule would adversely affect in a material way the economy, a
22sector of the economy, productivity, jobs, or the overall economic competitiveness of
23this state.
SB8-SSA1, s. 18
24Section
18. 227.137 (4) of the statutes is amended to read:
SB8-SSA1,13,13
1227.137
(4) The On the same day that the agency
shall submit submits the
2economic impact
report analysis to the legislative council staff
, under s. 227.15 (1),
3the agency shall also submit that analysis to the department of administration,
and
4to the petitioner to the governor, and to the chief clerks of each house of the
5legislature, who shall distribute the analysis to the presiding officers of their
6respective houses, to the chairpersons of the appropriate standing committees of
7their respective houses, as designated by those presiding officers, and to the
8cochairpersons of the joint committee for review of administrative rules. If a
9proposed rule is modified after the economic impact analysis is submitted under this
10subsection so that the economic impact of the proposed rule is significantly changed,
11the agency shall prepare a revised economic impact analysis for the proposed rule as
12modified. A revised economic impact analysis shall be prepared and submitted in the
13same manner as an original economic impact analysis is prepared and submitted.
SB8-SSA1, s. 20
15Section
20. 227.138 (title) and (1) of the statutes are repealed.
SB8-SSA1, s. 21
16Section
21. 227.138 (2) (intro.) of the statutes is renumbered 227.137 (6)
17(intro.) and amended to read:
SB8-SSA1,14,218
227.137
(6) (intro.) If an economic impact
report will be prepared under s.
19227.137 (2) analysis regarding a proposed rule
indicates that a total of $20,000,000
20or more in implementation and compliance costs are reasonably expected to be
21incurred by or passed along to businesses, local governmental units, and individuals
22as a result of the proposed rule, the department
of administration shall review the
23proposed rule and issue a report. The agency
shall
may not submit a proposed rule
24to the legislature for review under s. 227.19 (2) until the agency receives a copy of the
1department's report and the approval of the secretary of administration. The report
2shall include all of the following findings: