AB80: Bill Text

The bill requires the Department of Administration (DOA) to review every enactment of the legislature (act) and, within five days after the date of publication of an act, assign the act for review by each agency that DOA determines may be affected by the act. DOA must notify JCRAR of each such assignment of an act. Upon assignment of an act to an agency by DOA, the agency must review the act and determine whether any part of the act results in any of the following consequences:

1. Eliminates or restricts the agency's authority to promulgate any of the agency's rules.

2. Renders any of the agency's rules obsolete or unnecessary.

3. Renders, for any reason, any of the agency's rules not in conformity with or superseded by a state statute, including due to statutory numbering or terminology changes in the act.

4. Requires or otherwise necessitates rule making by the agency.

If an agency determines that any such consequence results from an act, within 60 days after the act's effective date, the agency must do one or more of the following, as applicable, to address any consequence identified by the agency:

1. Submit a statement of the scope of a proposed rule to address any such consequence to the governor, unless the act requires otherwise or unless the agency submits a notice to JCRAR explaining why it is unable to submit the statement of scope within that time period and an estimate of when the agency plans to submit the statement of scope.

2. Submit a petition to use the expedited procedure described above for repealing an unauthorized rule to the Legislative Council Staff.

3. Submit a request to the LRB for the LRB to use its revision authority to make certain changes to the code.

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:

AB80,1 Section 1. 227.26 (4) of the statutes is created to read:

AB80,3,5 227.26 (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.

AB80,4,4 (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:

AB80,4,11 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.

AB80,4,16 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.

AB80,4,20 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:

AB80,4,22 a. Approve the agency's petition if the committee determines that the proposed rule would repeal an unauthorized rule.

AB80,4,23 b. Deny the agency's petition.

AB80,4,25 c. Request that the agency make changes to the proposed rule and resubmit the petition and proposed rule under subd. 1.

AB80,5,2 4. The committee shall inform the agency in writing of its decision as to the petition.

AB80,5,6 (c) If the joint committee for review of administrative rules approves a petition to repeal an unauthorized rule as provided in par. (b) 3. a., the agency may promulgate the proposed rule by filing a certified copy of the rule with the legislative reference bureau under s. 227.20, together with a copy of the committee's decision.

AB80,2 Section 2. 227.29 of the statutes is created to read:

AB80,5,11 227.29 Agency review of rules and enactments. (1) By March 31 of each odd-numbered year, each agency with any rules published in the code shall submit a report to the joint committee for review of administrative rules listing all of the following rules promulgated or otherwise administered by that agency:

AB80,5,14 (a) Rules for which the authority to promulgate has been eliminated or restricted, together with a description of the legislation that eliminated or restricted that authority.

AB80,5,16 (b) Rules that are obsolete or that have been rendered unnecessary, together with a description of why those rules are obsolete or have been rendered unnecessary.

AB80,5,20 (c) Rules that are duplicative of, superseded by, or in conflict with another rule, a state statute, a federal statute or regulation, or a ruling of a court of competent jurisdiction, together with a citation to or the text of any such statute, regulation, or ruling.

AB80,5,21 (2) The report under sub. (1) shall also include all of the following:

AB80,5,24 (a) A description of the agency's actions, if any, to address each rule listed in the report. If the agency has not taken any action to address a rule listed in the report, the agency shall include an explanation for not taking action.

AB80,6,2 (b) A description of the status of each rule listed in the previous year's report not otherwise listed.

AB80,6,4 (c) If the agency determines that there is no rule as described under sub. (1) (a), (b), or (c), a statement of that determination.

AB80,6,5 (3) (a) In this subsection:

AB80,6,6 1. "Date of publication" has the meaning given in s. 35.095 (1) (b).

AB80,6,8 2. "Enactment" means an act or a portion of an act that is required to be published under s. 35.095 (3) (a).

AB80,6,14 (b) The department of administration shall review every enactment and shall, within 5 days after the date of publication of an enactment, assign the enactment for review by each agency that the department of administration determines may be affected by the enactment. The department of administration shall notify the joint committee for review of administrative rules of each assignment of an enactment under this paragraph.

AB80,6,17 (c) Upon assignment of an enactment to an agency by the department of administration under par. (b), the agency shall review the enactment and determine whether any part of the enactment does any of the following:

AB80,6,19 1. Eliminates or restricts the agency's authority to promulgate any rules promulgated or otherwise administered by that agency.

AB80,6,21 2. Renders any rules promulgated or otherwise administered by that agency obsolete or unnecessary.

AB80,6,24 3. Renders, for any reason, any rules promulgated or otherwise administered by that agency not in conformity with or superseded by a state statute, including due to statutory numbering or terminology changes in the enactment.

AB80,6,25 4. Requires or otherwise necessitates rule making by the agency.

AB80,7,6 (d) If an agency determines that any consequence specified in par. (c) 1. to 4. results from an enactment or part of an enactment, within 60 days after the applicable effective date for the enactment or part of the enactment, the agency shall do one or more of the following, as applicable, to address the consequence identified by the agency and notify the joint committee for review of administrative rules of its action:

AB80,7,11 1. Submit a statement of the scope of a proposed rule under s. 227.135 (2), unless the enactment requires otherwise or unless the agency submits a notice to the committee explaining why it is unable to submit the statement of scope within that time period and an estimate of when the agency plans to submit the statement of scope.

AB80,7,14 2. In the case of an affected rule that the agency determines is an unauthorized rule, as defined in s. 227.26 (4) (a), submit a petition to the legislative council staff under s. 227.26 (4) (b) 1.

AB80,7,17 3. In the case of a consequence specified under par. (c) 3. that can be addressed by the legislative reference bureau using its authority under s. 13.92 (4) (b), submit a request to the legislative reference bureau to use that authority.

AB80,7,18 (End)