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Bills · 2017-2018 Regular Session

SB 887

Died at session end Official bill text Atom feed

Relating to: legislative power and duties, state agency and authority composition and operations, administrative rule-making process, federal government waivers and approvals, unemployment insurance work search and registration requirements, and making an appropriation. (FE)

Administration, department of — Agency and general functions Administrative rules Alcohol and other drug abuse Appropriation Armory Attorney Attorney general Auction Budget bills and process Building commission, state Children and families, department of Corporation — Taxation Corrections, department of Court Court — Procedure Data processing Debt, public Economic development corporation, wisconsin Economic impact statement Elections — Ballots Elections — Registration Extraordinary session, 2018 — December Fair Floodplain management Food stamp plan Forestry Franchise — Taxation Governor Governor — Appointments Group insurance board Health services, department of — Health Hearings and appeals, division of Identification cards Income tax — Rate Insurance — Commissioner, office of Insurance — Health Joint legislative council Justice, department of Legislative reference bureau Legislature Legislature — Committees Legislature — Employee Legislature — Finance, joint committee on Legislature — Legislative organization, joint committee on Legislature — Member Legislature — Procedure Legislature — Review of administrative rules, joint committee for Lesbian, gay, bisexual, and transgender Medical assistance Military personnel Milwaukee — City Municipality — Planning Natural resources, department of — Environmental protection Pardon Parole or probation Personal property Primary elections Public assistance Retail establishment Revenue, department of Road — Finance Sales tax Sentences and penalties State agencies State capitol Transportation, department of — Administration Transportation, department of — Roads Unemployment insurance United states — Army United states — Health and human services, department of University of wisconsin Veterans affairs, department of Voting Waterways and water power Workforce development, department of

  1. Introduced, stopped here
  2. Passes Senate, not reached
  3. Passes Assembly, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

1.

Generally, under current law, an agency planning to promulgate an

administrative rule, including an emergency rule, must first prepare a statement of

the scope of the proposed rule (scope statement). A scope statement must be

submitted to the Department of Administration for a determination as to whether

the agency has the explicit authority to promulgate the rule as proposed in the scope

statement. DOA must then report the statement and its determination to the

governor who, in his or her discretion, may approve or reject the scope statement.

Also under current law, after a proposed administrative rule, including an

emergency rule, is in final draft form, the agency promulgating the proposed rule

must submit the proposed rule to the governor, who may approve or reject the

proposed rule. No agency may promulgate an administrative rule without the

written approval of the governor.

In

Coyne v. Walker

, 2016 WI 38, the Wisconsin Supreme Court held that

provisions requiring gubernatorial approval of scope statements and rules are

unconstitutional as applied to the superintendent of public instruction.

Consistent with the result in

Coyne

, this bill exempts rules promulgated by the

Department of Public Instruction from the requirements that a) a scope statement

be submitted to DOA for a determination of authority and that the scope statement

be approved by the governor and b) a proposed rule in final draft form be submitted

to the governor and that the governor approve the rule in writing.

2.

This bill requires a state agency to provide a statutory or administrative rule

citation for any statement or interpretation of law that the agency provides in its

informational materials.

3.

This bill allows the legislature to request an independent retrospective

economic impact analysis (EIA) for a rule.

Under current law, either cochairperson of the Joint Committee for Review of

Administrative Rules may request an independent EIA for a proposed rule after an

agency submits its EIA for that proposed rule. Such a request by the senate

cochairperson of JCRAR requires approval by the Committee on Senate

Organization, and a request by the assembly cochairperson requires approval by the

Committee on Assembly Organization. Current law requires the requester to enter

into a contract to perform the independent EIA, and requires the analysis to be

completed within 60 days after entering into the contract. Under current law, an

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Full history

  1. Dec 3, 2018 · Senate

    Introduced by Joint Committee on Finance

  2. Dec 3, 2018 · Senate

    Read first time and referred to Joint Committee on Finance

  3. Dec 3, 2018 · Senate

    LRB correction

  4. Dec 3, 2018 · Senate

    Public hearing held

  5. Dec 5, 2018 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

  6. Dec 11, 2018 · Senate

    Fiscal estimate received

  7. Dec 12, 2018 · Senate

    Fiscal estimate received

  8. Dec 12, 2018 · Senate

    Fiscal estimate received

  9. Dec 13, 2018 · Senate

    Fiscal estimate received

  10. Dec 13, 2018 · Senate

    Fiscal estimate received

  11. Dec 17, 2018 · Senate

    Fiscal estimate received

  12. Dec 17, 2018 · Senate

    Fiscal estimate received

  13. Jan 3, 2019 · Senate

    Fiscal estimate received