AB64: Bill Text

AB64,767,17 (6) The agency may resume work on a permanent rule upon the conclusion of a preliminary hearing and comment period held under this section.

AB64,767,20 (7) Failure of any person to receive notice of a preliminary public hearing as provided in this section is not grounds for invalidating any resulting rule if notice of the hearing was published in the register in accordance with s. 35.93 (2) (b) 3. bm.

AB64,1719 Section 1719 . 227.137 (3) (intro.) and (a) of the statutes are amended to read:

AB64,768,9 227.137 (3) (intro.) An economic impact analysis of a proposed rule shall contain information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units, regulated individuals and entities, and the state's economy as a whole. When The agency or vendor preparing the analysis, the agency shall solicit information and advice from businesses, associations representing businesses, local governmental units, and individuals that may be affected by the proposed rule. The agency or vendor shall prepare the economic impact analysis in coordination with local governmental units that may be affected by the proposed rule. The agency or vendor may also request information that is reasonably necessary for the preparation of an economic impact analysis from other businesses, associations, local governmental units, and individuals and from other agencies. The economic impact analysis shall include all of the following:

AB64,768,16 (a) An analysis and quantification of the policy problem that the proposed rule is intending to address, including comparisons with the approaches used by the federal government and by Illinois, Iowa, Michigan, and Minnesota to address that policy problem and, if. If the approach chosen by the agency to address that policy problem is different from those approaches, an economic impact analysis prepared by an agency shall include a statement as to why the agency chose a different approach.

AB64,1720 Section 1720. 227.137 (3) (b) of the statutes is renumbered 227.137 (3) (b) (intro.) and amended to read:

AB64,768,23 227.137 (3) (b) (intro.) An analysis and detailed quantification of the economic impact of the proposed rule, including the implementation and compliance costs that are reasonably expected to be incurred by or passed along to the businesses, local governmental units, and individuals that may be affected by the proposed rule., specifically including all of the following:

AB64,1721 Section 1721. 227.137 (3) (b) 1. and 2. of the statutes are created to read:

AB64,769,7 227.137 (3) (b) 1. An estimate of the total implementation and compliance costs that are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals as a result of the proposed rule, expressed as a single dollar figure. With respect to an independent economic impact analysis prepared under sub. (4m) or s. 227.19 (5) (b) 3., the vendor preparing the analysis shall provide a detailed explanation of any variance from the agency's estimate under this subdivision.

AB64,769,12 2. A determination, for purposes of the requirement under s. 227.139, as to whether $10,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule.

AB64,1722 Section 1722 . 227.137 (3c) of the statutes is created to read:

AB64,769,18 227.137 (3c) An agency may not begin soliciting information and advice under sub. (3) until the 10-day period under s. 227.136 (1) has concluded or, if the agency holds a preliminary hearing and comment period as provided in s. 227.136 (2), until the agency is permitted to resume work on the rule under s. 227.136 (6), whichever occurs later.

AB64,1723 Section 1723 . 227.137 (3m) of the statutes is created to read:

AB64,770,12 227.137 (3m) Prior to submitting an economic impact analysis prepared under sub. (2) to the legislative council staff under s. 227.15 (1), an agency shall submit the economic impact analysis to the department of administration. The department of administration shall review the economic impact analysis and determine whether the data used by the agency in preparing the analysis are appropriate for determining the economic impact of the proposed rule and whether the analysis accurately gauges the economic impact of the proposed rule. If the department of administration determines that the agency's analysis does not accurately gauge the economic impact of the proposed rule, it shall recommend any modifications to the economic impact analysis that it considers necessary and direct the agency to revise the analysis. An agency may not submit an economic impact analysis to the legislative council staff under s. 227.15 (1) without the approval of the department of administration. The department of administration may approve an economic impact analysis only upon determining that the economic impact analysis accurately gauges the economic impact of the proposed rule. The department of administration shall similarly review and approve any revised economic impact analysis prepared under sub. (4). The department of administration shall, upon approving an economic impact analysis, submit a statement indicating that approval to the agency.

AB64,1724 Section 1724 . 227.137 (4m) of the statutes is created to read:

AB64,770,19 227.137 (4m) (a) After an agency submits an economic impact analysis for a proposed rule to the legislature under sub. (4), but before the agency submits the proposed rule for approval under s. 227.185 (1), the department of administration or either cochairperson of the joint committee for review of administrative rules may request an independent economic impact analysis to be prepared for the proposed rule.

AB64,771,2 (b) 1. If the department of administration requests an independent economic impact analysis under par. (a), the department shall notify the agency proposing the proposed rule and shall contract with a vendor that is not an agency to prepare the independent economic impact analysis. If a cochairperson of the joint committee for review of administrative rules requests an independent economic impact analysis under par. (a), the cochairperson shall notify the agency proposing the proposed rule and shall direct the department of administration to contract with a vendor that is not an agency to prepare the independent economic impact analysis.

AB64,771,11 2. Upon completion of an independent economic impact analysis requested by the department of administration, the vendor preparing the analysis may submit a request to the department of administration for reimbursement of its actual and necessary costs of completing the analysis, and the department of administration shall assess the agency that is proposing the proposed rule for those costs. The department of administration shall credit all moneys received under this subdivision to the appropriation account under s. 20.505 (1) (kt) and shall reimburse a person who submits a request for reimbursement under this subdivision from the appropriation account under s. 20.505 (1) (kt).

AB64,771,16 3. Upon completion of an independent economic impact analysis requested by a cochairperson of the joint committee for review of adminstrative rules, the vendor preparing the analysis may submit a request to the committee for reimbursement of its actual and necessary costs of completing the analysis. Costs of completing the independent economic impact analysis shall be paid as follows:

AB64,771,24 a. If the estimate in the independent economic impact analysis of total implementation and compliance costs under sub. (3) (b) 1. varies from the agency's estimate by 15 percent or more or varies from the agency's determination that there will be no implementation or compliance costs, the committee shall assess the agency that is proposing the proposed rule for those costs. The committee shall credit all moneys received under this subd. 3. a. to the appropriation account under s. 20.765 (1) (kt) and shall reimburse the vendor from the appropriation account under s. 20.765 (1) (kt).

AB64,772,6 b. If the estimate in the independent economic impact analysis of total implementation and compliance costs under sub. (3) (b) 1. does not vary from the agency's estimate by 15 percent or more or is in accord with the agency's determination that there will be no implementation and compliance costs, the committee shall reimburse the vendor in equal parts from the appropriation accounts under s. 20.765 (1) (a) and (b).

AB64,772,8 (c) A vendor preparing an independent economic impact analysis under par. (b) shall do all of the following:

AB64,772,9 1. Include in the analysis the information that is required under sub. (3).

AB64,772,15 2. Upon completion of the analysis, submit the analysis to the agency, to the department of administration, to the governor, and to the chief clerks of each house of the legislature, who shall distribute the analysis to the presiding officers of their respective houses, to the chairpersons of the appropriate standing committees of their respective houses, as designated by those presiding officers, and to the cochairpersons of the joint committee for review of administrative rules.

AB64,772,17 3. Complete the independent economic impact analysis within 60 days after contracting to prepare the analysis.

AB64,772,20 (d) When an independent economic impact analysis is requested under par. (a), the agency may not submit the proposed rule for approval under s. 227.185 (1) until the agency receives the completed independent economic impact analysis.

AB64,1725 Section 1725 . 227.137 (6) and (7) of the statutes are repealed.

AB64,1726 Section 1726 . 227.139 of the statutes is created to read:

AB64,773,7 227.139 Passage of bill required for certain rules. (1) If an economic impact analysis prepared under s. 227.137 (2), a revised economic impact analysis prepared under s. 227.137 (4), or an independent economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. indicates that $10,000,000 or more in implementation and compliance costs are reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule, the agency proposing the rule shall stop work on the proposed rule and may not continue promulgating the proposed rule notwithstanding any provision authorizing or requiring the agency to promulgate the proposed rule, except as authorized under sub. (2).

AB64,773,11 (2) (a) Any member of the legislature may introduce a bill authorizing an agency to promulgate a rule that the agency is prohibited from promulgating under sub. (1). The agency may resume the rule-making process as provided in this subchapter upon enactment of a bill introduced under this paragraph.

AB64,773,24 (b) If an agency is prohibited from promulgating a rule under sub. (1), the agency may modify the proposed rule, if the modification is germane to the subject matter of the proposed rule, to address the implementation and compliance costs of the proposed rule. If the agency modifies a proposed rule under this paragraph, the agency shall prepare a revised economic impact analysis under s. 227.137 (4). Following the modification, the agency may continue with the rule-making process as provided in this subchapter if the revised economic impact analysis prepared by the agency indicates, and any independent economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. subsequent to the agency's modification also indicates, that $10,000,000 or more in implementation and compliance costs are not reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals over any 2-year period as a result of the proposed rule.

AB64,773,25 (3) This section does not apply to rules promulgated under s. 227.24.

AB64,1727 Section 1727. 227.14 (2) (a) 3m. of the statutes is created to read:

AB64,774,6 227.14 (2) (a) 3m. A summary of any public comments and feedback on the statement of scope of the proposed rule that the agency received at any preliminary public hearing and comment period held under s. 227.136 and a description of how and to what extent the agency took those comments and that feedback into account in drafting the proposed rule.

AB64,1728 Section 1728 . 227.14 (4m) of the statutes is amended to read:

AB64,775,2 227.14 (4m) Notice of submittal to legislative council staff. On the same day that an agency submits a proposed rule to the legislative council staff under s. 227.15, the agency shall prepare a written notice of the agency's submittal to the legislative council staff. The notice shall include a statement of the date on which the proposed rule has been submitted to the legislative council staff for review, of the subject matter of the proposed rule, and of whether a public hearing on the proposed rule is required under s. 227.16, and shall identify the organizational unit within the agency that is primarily responsible for the promulgation of the rule. The notice shall also include a statement containing the identifying number of the statement of scope for the proposed rule assigned under s. 227.135 (3), the date of publication and issue number of the register in which the statement of scope is published, and the date of approval by the department of administration of the statement of scope by the individual or body with policy-making powers over the subject matter of the proposed rule under s. 227.135 (2) agency's initial economic impact analysis under s. 227.137 (3m). The notice shall be approved by the individual or body with policy-making powers over the subject matter of the proposed rule. The agency shall send an electronic copy of the notice to the legislative reference bureau, in a format approved by the legislative reference bureau, for publication in the register. On the same day that the agency sends the notice to the legislative reference bureau, the agency shall send a copy of the notice to the secretary of administration.

AB64,1729 Section 1729 . 227.15 (1) of the statutes is amended to read:

AB64,775,16 227.15 (1) Submittal to legislative council staff. Prior to a public hearing on a proposed rule required under s. 227.16 or, if no such 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.

AB64,1730 Section 1730 . 227.15 (1m) (bm) of the statutes is amended to read:

AB64,775,20 227.15 (1m) (bm) The economic impact analysis required under s. 227.137 (2) and, any revised economic impact analysis required under s. 227.137 (4), and any independent economic impact analysis prepared under s. 227.137 (4m).

AB64,1731 Section 1731. 227.16 (1) of the statutes is amended to read:

AB64,775,25 227.16 (1) Except as provided under sub. (2) In addition to any preliminary public hearing and comment period held under s. 227.136, all rule making by an agency shall be preceded by notice and public hearing as provided in ss. 227.17 and 227.18, except as provided in sub. (2).

AB64,1732 Section 1732. 227.16 (6) of the statutes is renumbered 227.136 (8) and amended to read:

AB64,776,9 227.136 (8) For the purpose of soliciting public comment, an agency may hold a hearing on the general subject matter of possible or anticipated rules before preparing a statement of scope for a proposed rule in draft form. A hearing held under this subsection does not satisfy the requirement of sub. (1) with respect to the promulgation of a specific proposed rule relieve the agency from its obligation to comply with a directive under sub. (1) or the requirement to hold a hearing under s. 227.16.

AB64,1733 Section 1733. 227.17 (1) (intro.) of the statutes is amended to read:

AB64,776,12 227.17 (1) (intro.) If a hearing is required under s. 227.16, the agency shall do all of the following:

AB64,1734 Section 1734 . 227.17 (3) (eg) of the statutes is created to read:

AB64,776,15 227.17 (3) (eg) Any independent economic impact analysis prepared under s. 227.137 (4m).

AB64,1735 Section 1735. 227.17 (3) (em) of the statutes is repealed.

AB64,1736 Section 1736 . 227.185 of the statutes is renumbered 227.185 (1) and amended to read:

AB64,777,2 227.185 (1) After a proposed rule is in final draft form, the agency shall submit the proposed rule to the governor for approval. The governor, in his or her discretion, may approve or reject the proposed rule. If the governor approves a proposed rule, the governor shall provide the agency with a written notice of that approval. No proposed rule may be submitted to the legislature for review under s. 227.19 (2) unless the governor has approved the proposed rule in writing. The agency shall notify the joint committee for review of administrative rules whenever it submits a proposed rule for approval under this subsection.

AB64,1737 Section 1737 . 227.185 (2) of the statutes is created to read:

AB64,777,18 227.185 (2) (a) If an agency makes a germane modification to a proposed rule under s. 227.19 (4) (b) 3., 3m., or 4., the agency shall submit the modification to the governor for approval. The governor, in his or her discretion, may approve or reject the modification, but if the governor does not notify the agency within 10 working days after the date of the agency's submittal that the governor does not approve the modification or that the governor requires additional time to review the modification, the modification shall be considered approved and may be made as proposed by the agency. If the governor approves a modification prior to the expiration of the 10-day period or after notifying the agency that he or she will require additional time to review the modification, he or she shall provide the agency with a written notice of that approval. If the governor does not approve the modification, he or she shall provide the agency with a written notice of that nonapproval and the agency may not promulgate the proposed rule, except that the agency may resubmit the proposed rule to the legislature as provided in s. 227.19 without the modification.

AB64,777,20 (b) This subsection does not apply to a proposed rule to which s. 227.19 (5) (dm) applies.

AB64,1738 Section 1738 . 227.19 (2) of the statutes is amended to read:

AB64,778,13 227.19 (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 (1). Each chief clerk shall enter a similar statement in the journal of his or her house.

AB64,1739 Section 1739 . 227.19 (3) (intro.) of the statutes is amended to read:

AB64,778,25 227.19 (3) Form of report. (intro.) 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 report prepared by the department of administration under s. 227.137 (6); 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:

AB64,1740 Section 1740. 227.19 (3) (c) of the statutes is amended to read:

AB64,779,3 227.19 (3) (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.

AB64,1741 Section 1741 . 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:

AB64,779,11 227.19 (4) (b) 1. (intro.) Except as otherwise provided under subds. 1m. and 5. in this paragraph, the committee review period for each committee extends for 30 days after referral of the proposed rule to the committee under sub. (2). If the chairperson or the cochairpersons of a committee take either of the following actions within the 30-day period, the committee review period for that committee is continued for 30 days from the date on which the first 30-day review period would have expired:

AB64,1742 Section 1742 . 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:

AB64,779,25 227.19 (5) (b) 1. (intro.) Except as otherwise provided in subd. 1m. this paragraph, the review period for the joint committee for review of administrative rules extends for 30 days after the last referral of a proposed rule and any objection to that committee, and during that review period that committee may take any action on the proposed rule in whole or in part permitted under this subsection. The joint committee for review of administrative rules shall meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which a committee has objected and may meet and take action in executive session during that period with respect to any proposed rule or any part of a proposed rule to which no committee has objected, except that if the cochairpersons take either of the following actions within the 30-day period, the joint committee review period is continued for 30 days from the date on which the first 30-day review period would have expired:

AB64,1743 Section 1743. 227.19 (5) (b) 3. of the statutes is created to read:

AB64,780,18 227.19 (5) (b) 3. The joint committee for review of administrative rules, by a majority vote of a quorum of the committee, may request the preparation of an independent economic impact analysis for a proposed rule, regardless of whether an independent economic impact analysis was prepared under s. 227.137 (4m). If the joint committee for review of administrative rules requests an independent economic impact analysis under this subdivision, the committee shall notify the agency proposing the proposed rule and shall direct the department of administration to contract with a vendor that is not an agency to prepare the independent economic impact analysis. The vendor preparing the independent economic impact analysis shall comply with s. 227.137 (4m) (c) 1. to 3. Upon completion of an independent economic impact analysis requested under this subdivision, the vendor preparing the analysis may submit a request to the committee for reimbursement of its actual and necessary costs of completing the analysis. Costs of completing the independent economic impact analysis shall be paid as provided in s. 227.137 (4m) (b) 3. a. and b. If the committee requests an independent economic impact analysis under this subdivision, the review period for the committee is extended to the 10th working day following receipt by the committee of the completed analysis.

AB64,1744 Section 1744. 227.24 (1) (a) of the statutes is amended to read:

AB64,780,24 227.24 (1) (a) An agency may, except as provided in s. 227.136 (1), promulgate a rule as an emergency rule without complying with the notice, hearing , and publication requirements under this chapter if preservation of the public peace, health, safety, or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.

AB64,1745 Section 1745 . 227.24 (1) (c) of the statutes is amended to read:

AB64,781,4 227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper on the date the rule is published in the register under s. 35.93 (2) (b) 4. or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 days.

AB64,1746 Section 1746 . 227.24 (1) (d) of the statutes is amended to read:

AB64,781,15 227.24 (1) (d) A rule promulgated under par. (b) takes effect upon publication in the official state newspaper on the date the rule is published in the register under s. 35.93 (2) (b) 4. or on any later date specified in the rule and remains in effect for one year or until it is suspended or the proposed rule corresponding to it is objected to by the joint committee for review of administrative rules, whichever is sooner. If a rule under par. (b) is suspended or a proposed rule under s. 186.235 (21), 215.02 (18) or 220.04 (8) is objected to by the joint committee for review of administrative rules, any person may complete any transaction entered into or committed to in reliance on that rule and shall have 45 days to discontinue other activity undertaken in reliance on that rule.

AB64,1747 Section 1747. 227.24 (1) (e) 1d. of the statutes is amended to read:

AB64,782,4 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in s. 227.135 (3), and hold a preliminary public hearing and comment period if directed under s. 227.136 (1). If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approve approves the statement.

AB64,1748 Section 1748 . 227.24 (2) (a) of the statutes is renumbered 227.24 (2) (a) (intro.) and amended to read:

AB64,782,10 227.24 (2) (a) (intro.) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule for as follows:

AB64,782,14 1. For a period specified by the committee not to exceed 60 days. Any number of extensions may be granted under this paragraph subdivision, but the total period for all extensions under this subdivision may not exceed 120 days. The committee may grant an extension under this subdivision at any time.

AB64,1749 Section 1749 . 227.24 (2) (a) 2. of the statutes is created to read:

AB64,782,21 227.24 (2) (a) 2. For a period specified by the committee that does not extend beyond March 31 of the following year. An extension under this subdivision may be in addition to, and may overlap with, an extension granted under subd. 1. The committee may grant an extension under this subdivision only within 30 days before 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).

AB64,1750 Section 1750 . 227.24 (2) (am) of the statutes is amended to read:

AB64,783,2 227.24 (2) (am) Any request by an agency to extend the effective period of the emergency rule or part of the emergency rule shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the initial expiration date of the emergency rule.

AB64,1751 Section 1751. 227.24 (4) of the statutes is amended to read:

AB64,783,11 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition to any preliminary public hearing and comment period held under sub. (1) (e) 1d., an agency shall hold a public hearing within 45 days after it promulgates a rule under sub. (1). If within that 45-day period the agency submits to the legislative council staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall hold a public hearing on both rules within 90 days after promulgation of the rule under sub. (1), or within 30 days after the agency receives the report on the proposed rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.

AB64,1752 Section 1752. 227.26 (4) of the statutes is created to read:

AB64,783,16 227.26 (4) Repeal of unauthorized rules. (a) In this subsection, “unauthorized rule" means a rule that an agency lacks the authority to promulgate due to the repeal or amendment of the law that previously authorized its promulgation.

AB64,783,20 (b) Notwithstanding ss. 227.114 to 227.117 and 227.135 to 227.19, an agency that promulgated or that otherwise administers a rule that the agency determines is an unauthorized rule may petition the joint committee for review of administrative rules for authorization to repeal that rule by using the following process:

AB64,784,2 1. The agency shall submit a petition with a proposed rule that repeals the rule the agency has determined is an unauthorized 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) (a) 1., 2., and 7. and a statement that the agency is petitioning the joint committee for review of administrative rules to use the process under this subsection to repeal a rule the agency has determined to be an unauthorized rule.

AB64,784,7 2. The legislative council staff shall review the petition and proposed rule in accordance with s. 227.15 (2) and submit to the joint committee for review of administrative rules the petition and proposed rule with a written report including a statement of its determination as to whether the proposed rule proposes to repeal an unauthorized rule.

AB64,784,11 3. Following receipt of the petition and proposed rule submitted by the legislative council staff under subd. 2., the joint committee for review of administrative rules shall review the petition and proposed rule and may do any of the following: