LRB-4013/1
RPN:cjs:jf
1999 - 2000 LEGISLATURE
February 8, 2000 - Introduced by Senators Welch, Darling and Schultz,
cosponsored by Representatives Grothman, Suder, Albers, Spillner, Sykora,
Jeskewitz, Seratti
and Musser. Referred to Economic Development, Housing
and Government Operations.
SB372,1,3 1An Act to repeal 20.765 (2) (c), 20.923 (6) (aLi) and 230.08 (2) (am); and to create
220.765 (2) (c), 20.923 (6) (aLi) and 230.08 (2) (am) of the statutes; relating to:
3creating an administrative rules task force and making an appropriation.
Analysis by the Legislative Reference Bureau
The bill creates an administrative rules task force composed of ten
nonlegislative members appointed by the legislative leadership. The bill directs the
task force to review existing administrative rules and agency statements of policy
and interpretations of statutes selected by the task force to ensure that each
reviewed rule, statement or interpretation satisfies the 11 standards specified in the
bill.
The bill directs the task force to report its findings and recommendations: 1)
that relate to amending a rule, statement or interpretation, to the agency that
promulgated the rule, statement or interpretation; 2) that relate to amending a
statute interpreted by a rule, statement or interpretation, to the appropriate
standing committees of the legislature; and 3) that relate to promulgating a
statement or interpretation as a rule, to the joint committee for review of
administrative rules (JCRAR).
The task force may also recommend to JCRAR that an existing rule be
suspended if the task force determines, based on testimony received by the task force
at a hearing on the rule, that the rule does one or more of the following: 1) is not
authorized by the statutes; 2) conflicts with state law; 3) is affected by a change in
circumstances since enactment of the earliest law upon which the rule is based; 4)

is arbitrary and capricious; or 5) imposes an undue hardship. JCRAR may review
the suspension recommendation in a 30-day passive review process. If JCRAR does
not act on the recommendation or if JCRAR acts and suspends the rule, the rule is
temporarily suspended, and the legislature must review the suspension and either
repeal the rule or allow the rule to remain in effect under the same process that is
used when JCRAR suspends an existing rule.
The bill directs state agencies to provide requested information to the task force
and to report to the task force the specified information on each existing chapter in
the Wisconsin Administrative Code promulgated by the agency. The bill authorizes
the task force's chairperson to employ a task force director outside of the classified
civil service and two other project positions.
The bill dissolves the task force and terminates the task force's staff positions
on July 1, 2001.
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:
SB372, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB372, s. 2 3Section 2. 20.765 (2) (c) of the statutes is created to read:
SB372,2,64 20.765 (2) (c) Administrative rules task force. For the administrative rules task
5force, biennially, the amounts in the schedule to perform its functions under 1999
6Wisconsin Act .... (this act), section 8 .
SB372, s. 3 7Section 3. 20.765 (2) (c) of the statutes, as created by 1999 Wisconsin
8Act .... (this act), is repealed.
SB372, s. 4 9Section 4. 20.923 (6) (aLi) of the statutes is created to read:
SB372,3,2
120.923 (6) (aLi) Administrative rules task force: director and staff employed
2under 1999 Wisconsin Act .... (this act), section 8 .
SB372, s. 5 3Section 5. 20.923 (6) (aLi) of the statutes, as created by 1999 Wisconsin Act
4.... (this act), is repealed.
SB372, s. 6 5Section 6. 230.08 (2) (am) of the statutes is created to read:
SB372,3,76 230.08 (2) (am) The director and all staff of the administrative rules task force
7employed under 1999 Wisconsin Act .... (this act), section 8.
SB372, s. 7 8Section 7. 230.08 (2) (am) of the statutes, as created by 1999 Wisconsin Act
9.... (this act), is repealed.
SB372, s. 8 10Section 8 . Nonstatutory provisions; administrative rules task force.
SB372,3,1111 (1) Definitions. In this Section:
SB372,3,1212 (a) "Agency" has the meaning given in section 227.01 (1) of the statutes.
SB372,3,1313 (b) "Rule" has the meaning given in section 227.01 (13) of the statutes.
SB372,3,1514 (c) "Small business" has the meaning given in section 227.114 (1) (a) of the
15statutes.
SB372,3,1716 (d) "Task force" means the administrative rules task force created in this
17Section.
SB372,3,2018 (2) Creation. There is created the administrative rules task force in the
19legislative branch of state government. The task force shall consist of the following
20nonlegislative members:
SB372,3,2121 (a) Three members appointed by the speaker of the assembly.
SB372,3,2222 (b) Three members appointed by the president of the senate.
SB372,3,2323 (c) Two members appointed by the assembly minority leader.
SB372,3,2424 (d) Two members appointed by the senate minority leader.
SB372,3,2525 (3) Powers and duties.
SB372,4,6
1(a) Duties. The task force shall conduct a review of rules and agency statements
2of policy and interpretations of statutes in effect on the effective date of this
3paragraph that are identified by the task force based upon complaints and public
4comments received by the task force and concerns of task force members. The task
5force shall ensure that each reviewed rule, statement or interpretation meets all of
6the following criteria:
SB372,4,7 71. It is current and necessary.
SB372,4,8 82. It does not conflict with related federal statutes and regulations.
SB372,4,9 93. If a rule, it was properly promulgated as a rule.
SB372,4,12 104. If a rule, it was promulgated with adequate consideration of its effect on
11businesses, including its effect on small businesses under section 227.114 (2) of the
12statutes.
SB372,4,13 135. It does not discourage innovation and entrepreneurial business activity.
SB372,4,14 146. It is not detrimental to a healthy, statewide economy.
SB372,4,15 157. It is authorized by statute.
SB372,4,16 168. It does not conflict with state law.
SB372,4,18 179. It is not affected by a change in circumstances since enactment of the earliest
18law upon which the rule, statement or interpretation is based.
SB372,4,19 1910. It is not arbitrary and capricious.
SB372,4,20 2011. It does not impose an undue hardship.
SB372,4,2121 (b) Powers. The task force may do any of the following:
SB372,4,23 221. Based upon its review under paragraph (a), report findings and
23recommendations that relate to any of the following:
SB372,4,25 24a. Amending a rule, a statement of policy or an interpretation of a statute, to
25the agency that promulgated the rule, statement or interpretation.
SB372,5,3
1b. Amending a statute interpreted by a rule, a statement of policy or other
2interpretation, to the appropriate standing committees of the legislature under
3section 13.172 (3) of the statutes.
SB372,5,5 4c. Promulgating a statement of policy or an interpretation of a statute as a rule,
5to the joint committee for review of administrative rules.
SB372,5,7 62. Conduct public hearings and take testimony regarding a rule, statement of
7policy or interpretation of a statute.
SB372,5,13 83. Based upon its review under paragraph (a ), recommend to the joint
9committee for review of administrative rules, by a majority vote of a quorum of the
10task force, that a rule be suspended. The task force may recommend suspension only
11on the basis of testimony in relation to that rule received at a public hearing and only
12if the rule does not comply with one or more of the standards specified in paragraph
13(a) 7 . to 11.
SB372,5,16 144. Make recommendations to one or more agencies or the joint committee for
15review of administrative rules on methods or procedures to improve the process for
16promulgating new rules and reviewing existing rules.
SB372,5,17 175. Create one or more advisory committees to assist the task force.
SB372,5,2118 (4) Task force report. If the task force recommends that a rule be suspended
19under subsection (3) (b) 3 ., the task force shall submit to the joint committee for
20review of administrative rules with the recommendation a report that contains all
21of the following:
SB372,5,2322 (a) An explanation of the issue regarding the rule and the factual situation out
23of which the issue arose.
SB372,5,2524 (b) Arguments presented for and against the suspension recommendation at
25the public hearing on the rule.
SB372,6,1
1(c) A statement of the action taken by the task force regarding the rule.
SB372,6,32 (d) A statement and analysis of the grounds upon which the task force relied
3for recommending suspension of the rule.
SB372,6,44 (5) Joint committee for review of administrative rules action.
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