AB 389

Introduction

2011 Wisconsin Act 21

made various changes relating to the administrative

rule-making process. The act: 1) limited the authority of a state agency (agency) to

promulgate administrative rules (rules) interpreting the provisions of a statute

enforced or administered by the agency and to implement or enforce standards,

requirements, and thresholds; 2) required gubernatorial approval of a proposed rule;

3) expanded the scope of the requirement that an economic impact analysis be

prepared for a proposed rule; 4) made various changes relating to legislative review

of a proposed rule; and 5) changed the venue of declaratory judgment actions seeking

judicial review of the validity of a rule. In addition,

2011 Wisconsin Act 32

required

legislative authorization for a rule that would increase the cost of construction or

remodeling of a one- or two-family dwelling by more than $1,000.

This bill eliminates those changes, thereby restoring prior law.

Agency authority to promulgate rules and implement standards

2011 Wisconsin Act 21

limited the authority of an agency to promulgate rules

interpreting the provisions of any statute enforced or administered by the agency by

providing that all of the following apply to the promulgation of such a rule:

1. A statutory or nonstatutory provision containing a statement or declaration

of legislative intent, purpose, findings, or policy does not confer rule-making

authority on the agency or augment the agency's rule-making authority beyond the

rule-making authority that is explicitly conferred on the agency by the legislature.

2. A statutory provision describing the agency's general powers or duties does

not confer rule-making authority on the agency or augment the agency's

rule-making authority beyond the rule-making authority that is explicitly

conferred on the agency by the legislature.

3. A statutory provision containing a specific standard, requirement, or

threshold does not confer on the agency the authority to promulgate, enforce, or

administer a rule that contains a standard, requirement, or threshold that is more

restrictive than the standard, requirement, or threshold contained in the statutory

provision.

This bill eliminates those limitations on an agency's authority to promulgate

rules interpreting the provisions of a statute enforced or administered by the agency.

2011 Wisconsin Act 21

also prohibited an agency from implementing or

enforcing any standard, requirement, or threshold, including as a term or condition

of any license issued by the agency, unless the standard, requirement, or threshold