2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 384
October 31, 2017 - Offered by Representative Steineke.
1An Act to renumber
227.15 (3); to amend
227.114 (2) (intro.), 227.15 (7) and 2
990.01 (30m); and to create
35.93 (2) (b) 3. gm., 35.93 (2) (b) 3. gn., 35.93 (2) 3
(b) 3. gp., 35.93 (2) (c) 2m., 35.93 (3) (g), 227.135 (1) (g), 227.137 (3) (h), 227.15 4
(3) (b) and 227.225 of the statutes;
relating to: the expiration of administrative
Analysis by the Legislative Reference Bureau
This substitute amendment establishes a process for readopting each chapter
of the administrative code every nine years. Under the substitute amendment, any
chapter of the administrative code that is not readopted will expire nine years after
Under current law, an agency may promulgate administrative rules when it is
granted rule-making authority. Once promulgated, administrative rules remain in
effect indefinitely unless repealed or amended by the agency or suspended by the
Joint Committee for Review of Administrative Rules.
This substitute amendment provides that each chapter of the code expires nine
years after a rule that creates or repeals and recreates the chapter takes effect, or
after the chapter is readopted. The substitute amendment requires JCRAR to
establish a schedule for the expiration or readoption of all existing code chapters that
are in effect on the effective date of the substitute amendment. Under the substitute
amendment, two years before a code chapter is set to expire, an agency must send
a notice proposing to readopt the chapter to JCRAR. If one or both cochairpersons
of JCRAR objects to the expiration of the code chapter, the chapter is considered
readopted without further action. If neither cochairperson of JCRAR objects to
readoption of a chapter that is set to expire, the chapter expires on its expiration date
unless the agency promulgates a rule to readopt the chapter using the standard
rule-making process. Under the substitute amendment, JCRAR may extend the
effective date of the chapter that is set to expire for up to one year to accommodate
readoption of the chapter through the standard rule-making process.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
35.93 (2) (b) 3. gm. of the statutes is created to read:
(b) 3. gm. Notices of readoption of Wisconsin administrative code 3
chapters received under s. 227.225 (2) (a).
35.93 (2) (b) 3. gn. of the statutes is created to read:
(b) 3. gn. Objections to code chapter expirations under s. 227.225 (2) 6
35.93 (2) (b) 3. gp. of the statutes is created to read:
(b) 3. gp. Statements of extension of Wisconsin administrative code 9
chapters received under s. 227.225 (4) (c).
35.93 (2) (c) 2m. of the statutes is created to read:
(c) 2m. Chapters of the Wisconsin administrative code removed under 12
sub. (3) (g).
35.93 (3) (g) of the statutes is created to read:
(g) On or after the date that a chapter of the Wisconsin administrative 15
code expires under s. 227.225, the legislative reference bureau shall remove the 16
chapter from the Wisconsin administrative code.
227.114 (2) (intro.) of the statutes is amended to read:
(intro.) When an agency proposes or revises promulgates
a rule that 2
may have an effect on small businesses, the agency shall consider each of the 3
following methods for reducing the impact of the rule on small businesses:
227.135 (1) (g) of the statutes is created to read:
(g) If the rule is a rule to readopt a chapter of the code under s. 6
227.225 (3), a statement to that effect.
227.137 (3) (h) of the statutes is created to read:
(h) If the proposed rule seeks to readopt a chapter of the code under 9
s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous 10
economic impact analysis, if any, for a rule affecting the chapter.
227.15 (3) of the statutes is renumbered 227.15 (3) (a).
227.15 (3) (b) of the statutes is created to read:
(b) When a proposed readoption notice for a chapter of the code under 14
s. 227.225 (2) is before the joint committee for review of administrative rules, the 15
legislative council staff shall report to the committee on what actions, if any, were 16
taken by the joint committee for review of administrative rules the last time a 17
readoption notice for that chapter was considered or a rule affecting that chapter of 18
the code was before the legislature under s. 227.19.
227.15 (7) of the statutes is amended to read:
227.15 (7) Rules procedures manual.
The legislative council staff and the 21
legislative reference bureau shall prepare a manual to provide agencies with 22
information on drafting, promulgation and legislative review of rules.
23shall prescribe the format for readoption rules under s. 227.225 (3).
227.225 of the statutes is created to read:
1227.225 Expiration and readoption of rules. (1)
(a) Each chapter of the 2
code expires on the January 1 of the 9th year after one of the following:
1. The year in which a rule creating or repealing and recreating that chapter 4
of the code took effect as provided in s. 227.22, unless the rule provides for an earlier 5
2. The year in which the chapter was readopted under sub. (2) (d).
3. For a chapter that is readopted under sub. (3), the year after the year in 8
which the readoption notice for that chapter was filed under sub. (2) (a), unless the 9
readopted chapter provides for an earlier repeal date.
(b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the 11
effective date of this subdivision .... [LRB inserts date], and that is not repealed and 12
recreated by a rule prior to January 1, 2030, shall expire in accordance with the 13
schedule established under subd. 2. unless it is repealed earlier.
2. The joint committee for review of administrative rules, in consultation with 15
the affected agencies, shall, no later than December 1, 2018, establish a schedule for 16
the expiration of all chapters described under subd. 1. The schedule may provide for 17
the expiration of code chapters on any January 1 beginning with January 1, 2021, 18
and ending with January 1, 2030. The joint committee for review of administrative 19
rules shall have the schedule published on the legislature's Internet site and in the 20
register and shall provide a copy of the schedule to each affected agency.
(c) A change made by the legislative reference bureau under s. 13.92 (4) (b) does 22
not affect a chapter's expiration date under par. (a) or (b).
(d) This subsection does not apply to emergency rules promulgated under s. 24
(a) No earlier than January 1 and no later than March 1 of the year that 2
is 2 years before the expiration date of a chapter of the code under sub. (1), an agency 3
shall submit a notice of proposed readoption for the chapter to the joint committee 4
for review of administrative rules. An agency may not propose to readopt more than 5
one chapter per notice. The agency shall submit a copy of the notice, in an electronic 6
format approved by the legislative reference bureau, to the legislative reference 7
bureau for publication in the register. The notice shall contain all of the following:
1. A brief statement explaining the basis and purpose of the chapter.
1m. A statement as to whether the agency recommends that the chapter be 10
readopted, readopted with changes, or allowed to expire.
2. A reference to each statute that is interpreted by any rules contained in the 12
chapter, each statute that authorizes the promulgation of any rules contained in that 13
chapter, and an explanation of the agency's authority to promulgate the rules 14
contained in the chapter under those statutes.
3. A statement as to whether all rules contained in the chapter are in 16
compliance with the requirements under this subchapter and whether they are in 17
need of revision due to changes to state or federal law or for any other reason. If any 18
such revisions are needed, the notice shall also indicate what, if any, plans the agency 19
has to revise the chapter.
4. A list of all guidance documents that the agency has developed relating to 21
the chapter. Upon request of any member of the joint committee for review of 22
administrative rules, the agency shall provide the member with a copy of any such 23
(b) Upon receipt of a readoption notice for a code chapter under par. (a), the 2
cochairpersons of the joint committee for review of administrative rules shall provide 3
a copy of the notice to each other member of the committee.
(c) 1. The review period for the cochairpersons of the joint committee for review 5
of administrative rules extends for 30 working days after the agency submits a 6
readoption notice under par. (a).
2. Either cochairperson of the joint committee for review of administrative 8
rules may object to the expiration of the code chapter within the review period under 9
3. If a cochairperson objects to the expiration of a code chapter, he or she shall 11
provide a copy of the objection to the agency that submitted the notice and to the 12
legislative reference bureau for publication in the register.
(d) If an objection to the expiration of a code chapter is filed under par. (c) 3. by 14
one or both cochairpersons of the joint committee for review of administrative rules 15
within the review period under par. (c) 1., the chapter shall be considered readopted 16
for purposes of sub. (1) (a) without further action.
(e) If the review period under par. (c) 1. expires without an objection to the 18
expiration of a code chapter being filed under par. (c) 3., the chapter shall, subject to 19
sub. (4), expire on its expiration date unless the agency promulgates a rule under 20
sub. (3) to readopt the chapter.
If the review period under sub. (2) (c) 1. expires without an objection to the 22
expiration of a code chapter being filed under sub. (2) (c) 3., the agency may, using 23
the rule-making process in this chapter, promulgate a rule to readopt the chapter. 24
All of the following apply with respect to a rule promulgated under this subsection:
(a) An agency may not propose to readopt more than one chapter per rule.
(am) An agency may not submit a statement of scope under s. 227.135 for a 2
proposed rule to readopt a chapter under this subsection after the chapter has 3
expired under sub. (1).
(b) An agency may propose to readopt the chapter without changes or may 5
propose changes to the chapter.
(c) A rule promulgated under this subsection to readopt a chapter may take 7
effect after the chapter's expiration date, but rules contained in the chapter may not 8
be enforced during the period between the date the chapter expires and the date the 9
rule to readopt the chapter takes effect under s. 227.22.
(a) At the request of the agency, the joint committee for review of 11
administrative rules may, at any time after the review period under sub. (2) (c) 1. 12
expires without a notice of objection to the expiration of a code chapter being filed 13
under sub. (2) (c) 3. but prior to the expiration date of the chapter, extend the 14
expiration date for the chapter for a period specified by the committee not to exceed 15
(b) Any request by an agency to extend the effective date of a chapter shall be 17
made in writing to the joint committee for review of administrative rules no later 18
than 30 days before the expiration date of the chapter.
(c) Whenever the committee extends an expiration date for a chapter under par. 20
(a), it shall file a statement of its action with the agency and the legislative reference 21
bureau for publication in the register.
(d) An agency may not promulgate an emergency rule under s. 227.24 for the 23
purpose of extending a rule that is subject to expiration under this section.
990.01 (30m) of the statutes is amended to read:
990.01 (30m) Promulgate.
“Promulgate," when used in connection with a rule, 2
as defined under s. 227.01 (13), means to repeal; renumber; consolidate, renumber 3
and amend; renumber and amend; amend; repeal and recreate; readopt;