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Bills · Jan 2011 Special Session

AB 8

Became law Official bill text Atom feed

the authority of a state agency to promulgate rules interpreting the provisions of a statute enforced or administered by the agency and to implement or enforce any standard, requirement, or threshold as a term or condition of a license issued by the state agency; gubernatorial approval of proposed administrative rules; economic impact analyses of proposed rules and emergency rules; and venue in a declaratory judgment action seeking judicial review of the validity of an administrative rule and in an action in which the sole defendant is the state.

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Introduction

This bill makes various changes relating to 1) 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 any

standard, requirement, or threshold as a term or condition of a license issued by the

agency; 2) gubernatorial approval of proposed rules; 3) economic impact analyses for

proposed rules; and 4) venue in declaratory judgment actions seeking judicial review

of the validity of a rule and in actions in which the sole defendant is the state.

Agency authority to promulgate rules and implement standards

Under current law, an agency may promulgate rules interpreting the provisions

of any statute enforced or administered by the agency, if the agency considers it

necessary to effectuate the purpose of the statute, except that a rule is not valid if the

rule exceeds the bounds of correct interpretation.

This bill provides that all of the following apply to the promulgation of a rule

interpreting the provisions of a statute enforced or administered by an agency:

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 expressly 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 expressly

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.

The bill also prohibits an agency from implementing or enforcing any standard,

requirement, or threshold as a term or condition of any license issued by the agency

unless such implementation or enforcement is expressly required or permitted by

statute or by a rule that has been promulgated in accordance with statutory

rule-making procedures. In addition, the bill permits the governor, by executive

order, to prescribe standards to ensure that rules are promulgated in compliance

with the subchapter of the statutes governing rule making.

Gubernatorial approval of proposed rules

Current law requires an agency that is planning to promulgate a rule to prepare

a statement of the scope of the proposed rule (statement of scope), present the

statement of scope to the individual or body with policy-making powers over the

subject matter of the proposed rule (policy-making individual or body) for approval,

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Committee on Assembly Organization , Representative Tiffany , by request of Governor Scott Walker

1 cosponsors

Tiffany (R)

Votes

Assembly: Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

Passed 8–0 Jan 28, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 11 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 12 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 13 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 14 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 15 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 16 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 17 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

Passed 58–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 18 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 33

Passed 58–33 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly substitute amendment 1 adopted, Ayes 59, Noes 34

Passed 59–34 Feb 2, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 59, Noes 34

Passed 59–34 Feb 2, 2011 official source full page

Aye · 59

Not voting · 3

Senate: Report introduction of Senate Amendment 1 recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 7, Noes 0 by committee on Economic Development and Veterans and Military Affairs

Passed 7–0 Feb 8, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 10 laid on table, Ayes 19, Noes 13

Passed 19–13 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 11 laid on table, Ayes 18, Noes 14

Passed 18–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 12 laid on table, Ayes 18, Noes 14

Passed 18–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 3 laid on table, Ayes 19, Noes 14

Passed 19–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 4 laid on table, Ayes 19, Noes 14

Passed 19–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 5 laid on table, Ayes 19, Noes 14

Passed 19–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 6 laid on table, Ayes 18, Noes 14

Passed 18–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 7 laid on table, Ayes 18, Noes 14

Passed 18–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 8 laid on table, Ayes 19, Noes 13

Passed 19–13 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 9 laid on table, Ayes 18, Noes 14

Passed 18–14 Feb 10, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and concurred in as amended, Ayes 18, Noes 14

Passed 18–14 Feb 10, 2011 official source full page

Not voting · 1

Assembly: Senate amendment 1 concurred in, Ayes 58, Noes 34, Paired 4

Passed 58–34 May 17, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Jan 18, 2011 · Assembly

    Introduced by committee on Assembly Organization, by request of Governor Scott Walker and Representative Tiffany

  2. Jan 18, 2011 · Assembly

    Read first time and referred to committee on Judiciary and Ethics

  3. Jan 18, 2011 · Assembly

    Representative Tiffany added as a coauthor

  4. Jan 24, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representative Tiffany

  5. Jan 25, 2011 · Assembly

    Public hearing held

  6. Jan 26, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by Representative J. Ott

  7. Jan 26, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 offered by Representative J. Ott

  8. Jan 27, 2011 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 1 offered by Representatives Hebl and D. Cullen

  9. Jan 27, 2011 · Assembly

    Assembly amendment 6 to Assembly substitute amendment 1 offered by Representatives Hebl and D. Cullen

  10. Jan 27, 2011 · Assembly

    Assembly amendment 7 to Assembly substitute amendment 1 offered by Representatives Hebl and D. Cullen

  11. Jan 27, 2011 · Assembly

    Assembly amendment 8 to Assembly substitute amendment 1 offered by Representatives Hebl and D. Cullen

  12. Jan 27, 2011 · Assembly

    Assembly amendment 9 to Assembly substitute amendment 1 offered by Representatives Hebl and D. Cullen

  13. Jan 27, 2011 · Assembly

    Executive action taken

  14. Jan 27, 2011 · Assembly

    Assembly amendment 1 to Assembly amendment 2 to Assembly substitute amendment 1 offered by committee on Judiciary and Ethics

  15. Jan 27, 2011 · Assembly

    Assembly amendment 10 to Assembly substitute amendment 1 offered by committee on Judiciary and Ethics

  16. Jan 27, 2011 · Assembly

    Fiscal estimate received

  17. Jan 27, 2011 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 offered by Representative Hebl

  18. Jan 27, 2011 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 1 offered by Representatives Hebl, D. Cullen and Staskunas

  19. Jan 28, 2011 · Assembly

    Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

  20. Jan 28, 2011 · Assembly

    Report Assembly Amendment 1 to Assembly Amendment 2 to Assembly Substitute Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

  21. Jan 28, 2011 · Assembly

    Report Assembly Amendment 2 to Assembly Substitute Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

  22. Jan 28, 2011 · Assembly

    Report Assembly Amendment 10 to Assembly Substitute Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

  23. Jan 28, 2011 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 5, Noes 3

  24. Jan 28, 2011 · Assembly

    Report passage as amended recommended by committee on Judiciary and Ethics, Ayes 5, Noes 3

  25. Jan 28, 2011 · Assembly

    Referred to committee on Rules

  26. Jan 31, 2011 · Assembly

    Placed on calendar 2-2-2011 by committee on Rules

  27. Feb 1, 2011 · Assembly

    Fiscal estimate received

  28. Feb 2, 2011 · Assembly

    Read a second time

  29. Feb 2, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 adopted

  30. Feb 2, 2011 · Assembly

    Assembly amendment 1 to Assembly amendment 2 to Assembly substitute amendment 1 adopted

  31. Feb 2, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 adopted

  32. Feb 2, 2011 · Assembly

    Assembly amendment 10 to Assembly substitute amendment 1 adopted

  33. Feb 2, 2011 · Assembly

    Assembly amendment 11 to Assembly substitute amendment 1 offered by Representative Hebl

  34. Feb 2, 2011 · Assembly

    Assembly amendment 11 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  35. Feb 2, 2011 · Assembly

    Assembly amendment 12 to Assembly substitute amendment 1 offered by Representative Hebl

  36. Feb 2, 2011 · Assembly

    Assembly amendment 12 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  37. Feb 2, 2011 · Assembly

    Assembly amendment 13 to Assembly substitute amendment 1 offered by Representative Hebl

  38. Feb 2, 2011 · Assembly

    Assembly amendment 13 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  39. Feb 2, 2011 · Assembly

    Assembly amendment 14 to Assembly substitute amendment 1 offered by Representatives Pasch and Hebl

  40. Feb 2, 2011 · Assembly

    Assembly amendment 14 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  41. Feb 2, 2011 · Assembly

    Assembly amendment 15 to Assembly substitute amendment 1 offered by Representative Hebl

  42. Feb 2, 2011 · Assembly

    Assembly amendment 15 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  43. Feb 2, 2011 · Assembly

    Assembly amendment 16 to Assembly substitute amendment 1 offered by Representative Hebl

  44. Feb 2, 2011 · Assembly

    Assembly amendment 16 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  45. Feb 2, 2011 · Assembly

    Assembly amendment 17 to Assembly substitute amendment 1 offered by Representative Hebl

  46. Feb 2, 2011 · Assembly

    Assembly amendment 17 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 34

  47. Feb 2, 2011 · Assembly

    Assembly amendment 18 to Assembly substitute amendment 1 offered by Representatives Hebl and Staskunas

  48. Feb 2, 2011 · Assembly

    Assembly amendment 18 to Assembly substitute amendment 1 laid on table, Ayes 58, Noes 33

  49. Feb 2, 2011 · Assembly

    Assembly substitute amendment 1 adopted, Ayes 59, Noes 34

  50. Feb 2, 2011 · Assembly

    Ordered to a third reading

  51. Feb 2, 2011 · Assembly

    Rules suspended

  52. Feb 2, 2011 · Assembly

    Read a third time and passed, Ayes 59, Noes 34

  53. Feb 2, 2011 · Assembly

    Ordered immediately messaged

  54. Feb 3, 2011 · Senate

    Received from Assembly

  55. Feb 3, 2011 · Senate

    Read first time and referred to committee on Economic Development and Veterans and Military Affairs

  56. Feb 8, 2011 · Senate

    Executive action taken

  57. Feb 8, 2011 · Senate

    Report introduction of Senate Amendment 1 recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 7, Noes 0 by committee on Economic Development and Veterans and Military Affairs

  58. Feb 8, 2011 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 5, Noes 2

  59. Feb 8, 2011 · Senate

    Report concurrence as amended recommended by committee on Economic Development and Veterans and Military Affairs, Ayes 4, Noes 3

  60. Feb 8, 2011 · Senate

    Available for scheduling

  61. Feb 8, 2011 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)

  62. Feb 8, 2011 · Senate

    Placed on calendar 2-10-2011 pursuant to Senate Rule 18(1)

  63. Feb 9, 2011 · Senate

    Senate amendment 2 offered by Senator Grothman

  64. Feb 9, 2011 · Senate

    LRB correction (Assembly Amendment 10 to Assembly Substitute Amendment 1)

  65. Feb 10, 2011 · Senate

    Read a second time

  66. Feb 10, 2011 · Senate

    Senate amendment 1 adopted

  67. Feb 10, 2011 · Senate

    Senate amendment 2 withdrawn and returned to author

  68. Feb 10, 2011 · Senate

    Senate amendment 3 offered by Senators Holperin, Miller, Hansen, Erpenbach, Wirch, Lassa and Carpenter

  69. Feb 10, 2011 · Senate

    Senate amendment 3 laid on table, Ayes 19, Noes 14

  70. Feb 10, 2011 · Senate

    Senate amendment 4 offered by Senators Holperin, Lassa, Taylor and Hansen

  71. Feb 10, 2011 · Senate

    Senate amendment 4 laid on table, Ayes 19, Noes 14

  72. Feb 10, 2011 · Senate

    Senate amendment 5 offered by Senators Taylor, Vinehout, Holperin, C. Larson, T. Cullen, Carpenter, Wirch, Risser and Lassa

  73. Feb 10, 2011 · Senate

    Senate amendment 5 laid on table, Ayes 19, Noes 14

  74. Feb 10, 2011 · Senate

    Senate amendment 6 offered by Senators Taylor, Hansen, Lassa, Miller, Risser, Carpenter, T. Cullen, C. Larson, Holperin and Vinehout

  75. Feb 10, 2011 · Senate

    Senate amendment 6 laid on table, Ayes 18, Noes 14

  76. Feb 10, 2011 · Senate

    Senate amendment 7 offered by Senators Taylor, Vinehout, Carpenter, T. Cullen, Wirch, Risser, Miller, Lassa and Hansen

  77. Feb 10, 2011 · Senate

    Senate amendment 7 laid on table, Ayes 18, Noes 14

  78. Feb 10, 2011 · Senate

    Senate amendment 8 offered by Senators C. Larson, Holperin, Vinehout, Taylor, Hansen, Lassa, Miller, Risser, Wirch and Carpenter

  79. Feb 10, 2011 · Senate

    Senate amendment 8 laid on table, Ayes 19, Noes 13

  80. Feb 10, 2011 · Senate

    Senate amendment 9 offered by Senators Lassa, Hansen, Miller, Risser, Wirch, Carpenter, T. Cullen, C. Larson, Holperin, Vinehout and Taylor

  81. Feb 10, 2011 · Senate

    Senate amendment 9 laid on table, Ayes 18, Noes 14

  82. Feb 10, 2011 · Senate

    Senate amendment 10 offered by Senators Lassa, Hansen, Miller, Risser, Wirch, Carpenter, C. Larson, Holperin, Vinehout and Taylor

  83. Feb 10, 2011 · Senate

    Senate amendment 10 laid on table, Ayes 19, Noes 13

  84. Feb 10, 2011 · Senate

    Senate amendment 11 offered by Senators Jauch, Hansen, Lassa, Miller, Risser, Carpenter, T. Cullen, C. Larson, Holperin, Vinehout and Taylor

  85. Feb 10, 2011 · Senate

    Senate amendment 11 laid on table, Ayes 18, Noes 14

  86. Feb 10, 2011 · Senate

    Senate amendment 12 offered by Senators Miller, Risser, Wirch, T. Cullen, C. Larson, Holperin, Vinehout, Taylor, Jauch, Hansen, Carpenter and Lassa

  87. Feb 10, 2011 · Senate

    Senate amendment 12 laid on table, Ayes 18, Noes 14

  88. Feb 10, 2011 · Senate

    Ordered to a third reading

  89. Feb 10, 2011 · Senate

    Rules suspended

  90. Feb 10, 2011 · Senate

    Read a third time and concurred in as amended, Ayes 18, Noes 14

  91. Feb 10, 2011 · Senate

    Ordered immediately messaged

  92. Feb 11, 2011 · Assembly

    Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  93. Feb 11, 2011 · Assembly

    Referred to committee on Rules

  94. Feb 24, 2011 · Assembly

    Referred to calendar of 2-24-2011 pursuant to Assembly Rule 93

  95. Apr 5, 2011 · Assembly

    LRB correction (Assembly substitute amendment 1)

  96. May 17, 2011 · Assembly

    Senate amendment 1 concurred in, Ayes 58, Noes 34, Paired 4

  97. May 17, 2011 · Assembly

    Action ordered immediately messaged

  98. May 19, 2011 · Assembly

    LRB correction (Senate amendment 1)

  99. May 19, 2011 · Assembly

    Report correctly enrolled

  100. May 20, 2011 · Assembly

    Presented to the Governor on 5-20-2011

  101. May 24, 2011 · Assembly

    Report approved by the Governor on 5-23-2011. 2011 Wisconsin Act 21

  102. May 27, 2011 · Assembly

    Published 6-7-2011