SB162: Bill Text

LRB-1287/2

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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:

SB162,4,23 1. Based upon its review under paragraph (a), report findings and recommendations that relate to any of the following:

SB162,4,25 a. Amending a rule, a statement of policy, or an interpretation of a statute, to the agency that promulgated the rule, statement, or interpretation.

SB162,5,3 b. Amending a statute interpreted by a rule, a statement of policy, or other interpretation, to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes.

SB162,5,5 c. Promulgating a statement of policy or an interpretation of a statute as a rule, to the joint committee for review of administrative rules.

SB162,5,7 2. Conduct public hearings and take testimony regarding a rule, statement of policy, or interpretation of a statute.

SB162,5,13 3. Based upon its review under paragraph (a ), recommend to the joint committee for review of administrative rules, by a majority vote of a quorum of the task force, that a rule be suspended. The task force may recommend suspension only on the basis of testimony in relation to that rule received at a public hearing and only if the rule does not comply with one or more of the standards specified in paragraph (a) 7 . to 11.

SB162,5,16 4. Make recommendations to one or more agencies or the joint committee for review of administrative rules on methods or procedures to improve the process for promulgating new rules and reviewing existing rules.

SB162,5,17 5. Create one or more advisory committees to assist the task force.

SB162,5,21 (4) Task force report. If the task force recommends that a rule be suspended under subsection (3) (b) 3 ., the task force shall submit to the joint committee for review of administrative rules with the recommendation a report that contains all of the following:

SB162,5,23 (a) An explanation of the issue regarding the rule and the factual situation out of which the issue arose.

SB162,5,25 (b) Arguments presented for and against the suspension recommendation at the public hearing on the rule.

SB162,6,1 (c) A statement of the action taken by the task force regarding the rule.

SB162,6,3 (d) A statement and analysis of the grounds upon which the task force relied for recommending suspension of the rule.

SB162,6,4 (5) Joint committee for review of administrative rules action.

SB162,6,5 (a) Temporary suspension.

SB162,6,12 1. If, within 30 days after receiving a recommendation from the task force under subsection (3) (b) 3 . that a rule be suspended, the cochairpersons of the joint committee for review of administrative rules do not notify the chairperson of the task force that they have scheduled a meeting of the committee for the purpose of reviewing the recommendation, the committee shall be considered to have suspended the rule on the 31st day after receiving the recommendation from the task force.

SB162,6,23 2. If, within 30 days after receiving a recommendation from the task force under subsection (3) (b) 3 . that a rule be suspended, the cochairpersons of the joint committee for review of administrative rules notify the chairperson of the task force that they have scheduled a meeting of the committee for the purpose of reviewing the recommendation, the committee shall not be considered to have suspended the rule under subdivision 1. The committee may, notwithstanding section 227.26 (2) (d) of the statutes, suspend the rule under this subdivision by a majority vote of a quorum of the committee. The committee may suspend a rule under this subdivision only on the basis of testimony in relation to that rule received by the committee at a public hearing and only if it determines that the rule does not comply with one or more of the standards in subsection (3) (a) 7 . to 11.

SB162,6,25 (b) Effect of suspension. Section 227.26 (2) (e) to (k) of the statutes applies to a rule suspended under paragraph (a ) 1. or 2 .

SB162,7,1 (6) Duties of state agencies.

SB162,7,5 (a) Report. Each agency shall report to the task force by the first day of the 2nd month after the effective date of this paragraph all of the following information for each chapter in the Wisconsin Administrative Code promulgated by the agency prior to the effective date of this paragraph:

SB162,7,6 1. The subject of the chapter.

SB162,7,9 2. The categories of persons, including small businesses, that are subject to the chapter and an estimate of the number of persons in each category on the effective date of this subdivision.

SB162,7,11 3. The statutory authority for the chapter and statutes interpreted by the chapter.

SB162,7,13 4. Any federal statutes or regulations that relate to the substance of the chapter.

SB162,7,18 5. Whether the chapter has an effect on small businesses and, if it does, whether the agency modified the chapter after considering the methods specified in section 227.114 (2) of the statutes when the agency promulgated or amended the chapter or whether the agency amended the chapter when the agency reviewed the chapter under section 227.114 (7) of the statutes.

SB162,7,19 6. Any other information requested by the task force.

SB162,7,21 (b) Assistance. Each agency shall provide to the task force information requested by the task force to the fullest extent possible.

SB162,7,22 (7) Operation.

SB162,8,2 (a) Organization. The speaker of the assembly and president of the senate shall jointly convene the first meeting of the task force and supervise the election of the chairperson of the task force. The task force may establish other officers and elect those officers of the task force.