AB 931

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.