SB162: Bill Text

LRB-1287/2

RPN:jld:km

2001 - 2002 LEGISLATURE

2001 Senate BILL 162

April 26, 2001 - Introduced by Senators Welch and Huelsman, cosponsored by Representatives Suder, Urban, Musser, Staskunas, Hoven, Gronemus, Jeskewitz, Townsend, Albers, McCormick and Seratti. Referred to Joint committee for review of Administrative Rules.

SB162,1,3 An Act to repeal 20.765 (2) (c), 20.923 (6) (aLi) and 230.08 (2) (am); and to create 20.765 (2) (c), 20.923 (6) (aLi) and 230.08 (2) (am) of the statutes; relating to: creating an administrative rules task force and making an appropriation.

Analysis by the Legislative Reference Bureau

The bill creates an administrative rules task force (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, 2003.

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:

SB162, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB162, s. 2 Section 2. 20.765 (2) (c) of the statutes is created to read:

SB162,2,6 20.765 (2) (c) Administrative rules task force. For the administrative rules task force, biennially, the amounts in the schedule to perform its functions under 2001 Wisconsin Act .... (this act), section 8 (1) to (8 ).

SB162, s. 3 Section 3. 20.765 (2) (c) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

SB162, s. 4 Section 4. 20.923 (6) (aLi) of the statutes is created to read:

SB162,3,2 20.923 (6) (aLi) Administrative rules task force: director and staff employed under 2001 Wisconsin Act .... (this act), section 8 (1) to (8 ).

SB162, s. 5 Section 5. 20.923 (6) (aLi) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

SB162, s. 6 Section 6. 230.08 (2) (am) of the statutes is created to read:

SB162,3,7 230.08 (2) (am) The director and all staff of the administrative rules task force employed under 2001 Wisconsin Act .... (this act), section 8 (1 ) to (8).

SB162, s. 7 Section 7. 230.08 (2) (am) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

SB162, s. 8 Section 8 . Nonstatutory provisions.

SB162,3,11 (1) Definitions. In this Section:

SB162,3,12 (a) "Agency" has the meaning given in section 227.01 (1) of the statutes.

SB162,3,13 (b) "Rule" has the meaning given in section 227.01 (13) of the statutes.

SB162,3,15 (c) "Small business" has the meaning given in section 227.114 (1) (a) of the statutes.

SB162,3,17 (d) "Task force" means the administrative rules task force created in this Section.

SB162,3,20 (2) Creation. There is created the administrative rules task force in the legislative branch of state government. The task force shall consist of the following nonlegislative members:

SB162,3,21 (a) Three members appointed by the speaker of the assembly.

SB162,3,22 (b) Three members appointed by the president of the senate.

SB162,3,23 (c) Two members appointed by the assembly minority leader.

SB162,3,24 (d) Two members appointed by the senate minority leader.

SB162,3,25 (3) Powers and duties.

SB162,4,6 (a) Duties. The task force shall conduct a review of rules and agency statements of policy and interpretations of statutes in effect on the effective date of this paragraph that are identified by the task force based upon complaints and public comments received by the task force and concerns of task force members. The task force shall ensure that each reviewed rule, statement, or interpretation meets all of the following criteria:

SB162,4,7 1. It is current and necessary.

SB162,4,8 2. It does not conflict with related federal statutes and regulations.

SB162,4,9 3. If a rule, it was properly promulgated as a rule.

SB162,4,12 4. If a rule, it was promulgated with adequate consideration of its effect on businesses, including its effect on small businesses under section 227.114 (2) of the statutes.

SB162,4,13 5. It does not discourage innovation and entrepreneurial business activity.

SB162,4,14 6. It is not detrimental to a healthy, statewide economy.

SB162,4,15 7. It is authorized by statute.

SB162,4,16 8. It does not conflict with state law.

SB162,4,18 9. It is not affected by a change in circumstances since enactment of the earliest law upon which the rule, statement, or interpretation is based.

SB162,4,19 10. It is not arbitrary and capricious.

SB162,4,20 11. It does not impose an undue hardship.

SB162,4,21 (b) Powers. The task force may do any of the following: