LRB-2084/1
RPN:kmg:jlb
1995 - 1996 LEGISLATURE
June 28, 1995 - Introduced by Senators A. Lasee, Rude and Breske, cosponsored
by Representatives Hutchison, Musser, Lazich, Hahn, Dobyns,
Morris-Tatum, Goetsch, Olsen, Brandemuehl, Ziegelbauer, Schneiders,
Seratti, Kelso and
Vrakas. Referred to Committee on State Government
Operations and Corrections.
SB263,1,2
1An Act to create 227.425 and 801.65 of the statutes;
relating to: claims between
2state agencies.
Analysis by the Legislative Reference Bureau
Under current law, if a dispute arises between state agencies, those agencies
have the option of commencing a lawsuit to resolve the dispute. This bill requires
state agencies that have disputes regarding civil matters to submit that dispute to
a hearing before the division of hearings and appeals in the department of
administration. The administrative hearing procedures apply to the hearing
between the agencies. The bill requires a court to dismiss an action involving a civil
claim involving state agencies that has not been subject to an administrative
hearing.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB263, s. 1
3Section
1. 227.425 of the statutes is created to read:
SB263,2,2
4227.425 Disputes between state agencies. (1) If a state agency has a claim
5under civil law against another state agency, that state agency shall file a request
6for a contested case hearing with the division of hearings and appeals created under
7s. 15.103 (1). A hearing examiner with the division of hearings and appeals created
1under s. 15.103 (1) shall preside over the hearing requested under this section in the
2same manner as in other contested case hearings under this chapter.
SB263,2,3
3(2) The procedures in ss. 227.44 to 227.58 apply to hearings under this section.
SB263,2,6
4(3) No action may be commenced in a court of law regarding any claim under
5civil law of a state agency against another state agency until the state agency has
6exhausted the administrative hearing process under this chapter.
SB263, s. 2
7Section
2. 801.65 of the statutes is created to read:
SB263,2,13
8801.65 Dismissal of proceeding. If a court, on its own motion or motion of
9any party to an action pending before the court, determines that all or part of the
10action involves a claim under civil law by one state agency against another state
11agency, the court shall dismiss that part of the action that involves a claim between
12state agencies if that claim has not been adjudicated in a contested case hearing
13under s. 227.425.
SB263,2,16
15(1) This act first applies to actions commenced on the effective date of this
16subsection.
SB263,2,18
18(1) This act takes effect on first day of the 6th month following publication.
