LRB-2386/1
RPN:jld:rs
2009 - 2010 LEGISLATURE
April 6, 2010 - Introduced by Representatives M. Williams, Strachota, Knodl,
LeMahieu, Lothian, Kerkman, Honadel, Gunderson, Zipperer and
Petrowski, cosponsored by Senator Schultz. Referred to Committee on State
Affairs and Homeland Security.
AB931,1,2
1An Act to create 227.112 of the statutes;
relating to: rule making that increases
2costs or regulatory burdens.
Analysis by the Legislative Reference Bureau
Under current law, a state agency is required to promulgate as an
administrative rule any standard, statement of policy, or order of general application
that has the effect of law and is issued to implement, interpret, or make specific
legislation enforced or administered by the agency or to govern the organization or
procedure of the agency. There are numerous exceptions to this requirement,
including policies that establish water quality objectives for priority watersheds,
relate to the construction or maintenance of highways or bridges, relate to the
curriculum of, admission to, or graduation from a public educational institution, list
over-the-counter drugs covered by Medical Assistance, and that concern the
internal management of an agency.
This bill prohibits a state agency from promulgating any administrative rule
that increases costs or regulatory burdens on any persons affected by the rule or that
does not reduce the regulatory burden on those persons.
The prohibition does not apply to a rule that is promulgated to avoid a
court-ordered sanction or a sanction by the federal government, to prevent an
imminent threat to public health or safety, or to fulfill an obligation expressly stated
in the Wisconsin Constitution. This prohibition also does not apply to a regulatory
board, such as the Medical Examining Board, if the monetary benefits to the persons
subject to the proposed rule substantially outweigh the costs to those persons and the
proposed rule is necessary to allow the board to administer existing law.
The bill does not apply to rules that become effective two years after the
effective date of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB931, s. 1
1Section
1. 227.112 of the statutes is created to read:
AB931,2,3
2227.112 Rule making related to increased costs or regulatory burdens. 3(1) In this section:
AB931,2,44
(a) "Health care facility" has the meaning given in s. 150.84 (2).
AB931,2,85
(b) "Imminent threat to the public health or safety" means the existence of a
6condition, circumstance, or practice that would cause death, serious illness, or severe
7injury to a person or adversely affect the ability of a health care facility to provide
8health care.
AB931,2,99
(c) "Regulatory board" means a board created under s. 15.405 or 15.406.
AB931,2,12
10(2) (a) Except as provided in sub. (3), no agency may promulgate a rule that
11increases costs or regulatory burdens on the persons affected by the rule or that does
12not reduce the regulatory burden on those persons.
AB931,2,1513
(b) Paragraph (a) does not apply if a regulatory board makes all of the following
14findings regarding a proposed rule and provides evidence supporting those findings
15at the public hearing under s. 227.16:
AB931,2,1716
1. The monetary benefits to persons subject to the proposed rule substantially
17outweigh the costs to those persons.
AB931,2,1918
2. The proposed rule is necessary to allow the regulatory board to administer
19existing statutory requirements or rules.
AB931,2,21
20(3) Subsection (2) does not apply to a rule that is promulgated for any of the
21following reasons:
AB931,3,2
1(a) To avoid a violation of a court order or a federal law that would result in
2sanctions by the court or federal government.
AB931,3,33
(b) To prevent an imminent threat to public health or safety.
AB931,3,54
(c) To fulfill an obligation related to fees, rates, penalties, or rules that are
5expressly stated in the Wisconsin Constitution.
AB931,3,8
6(4) This section does not apply to rules that are first effective on the first day
7of the 24th month beginning after the effective date of this subsection .... [LRB
8inserts date].
