2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 384
November 6, 2017 - Offered by Representatives Ballweg and Steineke.
1An Act to renumber
227.15 (3); to amend
13.56 (3), 227.114 (2) (intro.), 227.15 2
(7) and 990.01 (30m); and to create
35.93 (2) (b) 3. gm., 35.93 (2) (b) 3. gn., 35.93 3
(2) (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), 227.225 and 227.31 of the statutes; relating to: informational materials
5published by an agency and the expiration of administrative rules.
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effect indefinitely unless repealed or amended by the agency or suspended by the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 and the appropriate standing
committees of the legislature. If none of the members of JCRAR or the standing
committees object to the readoption notice, the chapter is considered readopted
without further action. If one or more members of JCRAR or either standing
committee object to readoption of a chapter that is set to expire, JCRAR must meet
as a whole and vote on whether to concur in the objection. If JCRAR votes to concur
in the objection, the chapter expires on its expiration date unless the agency
promulgates a rule to readopt the chapter using the standard rule-making process.
Otherwise, the chapter is considered readopted without further action. 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.
This bill also requires an agency to provide a statutory or administrative rule
citation for any statement or interpretation that the agency provides in its
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.56 (3) of the statutes is amended to read:
13.56 (3) Powers and duties.
The committee has the powers and duties 3
specified under ss. 227.19, 227.225,
227.24 and 227.26.
35.93 (2) (b) 3. gm. of the statutes is created to read:
(b) 3. gm. Notices of readoption of Wisconsin administrative code 6
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 readoption notices under s. 227.225 (2) (e).
35.93 (2) (b) 3. gp. of the statutes is created to read:
(b) 3. gp. Statements of extension of Wisconsin administrative code 11
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 2
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 5
code expires under s. 227.225, the legislative reference bureau shall remove the 6
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 9
may have an effect on small businesses, the agency shall consider each of the 10
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. 13
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 16
s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous 17
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 21
s. 227.225 (2) is before a standing committee of the legislature or the joint committee 22
for review of administrative rules, the legislative council staff shall report to that 23
committee on what actions, if any, were taken by standing committees or the joint 24
committee for review of administrative rules the last time a readoption notice for that
chapter was considered or a rule affecting that chapter of the code was before the 2
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 5
legislative reference bureau shall prepare a manual to provide agencies with 6
information on drafting, promulgation and legislative review of rules.
7shall prescribe the format for readoption rules under s. 227.225 (3).
227.225 of the statutes is created to read:
9227.225 Expiration and readoption of rules. (1)
(a) Each chapter of the 10
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 12
of the code took effect as provided in s. 227.22, unless the rule provides for an earlier 13
2. The year in which the chapter was readopted under sub. (2) (d) or (e).
3. For a chapter that is readopted under sub. (3), the year after the year in 16
which the readoption notice for that chapter was filed under sub. (2) (a), unless the 17
readopted chapter provides for an earlier repeal date.
(b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the 19
effective date of this subdivision .... [LRB inserts date], and that is not repealed and 20
recreated by a rule prior to January 1, 2030, shall expire in accordance with the 21
schedule established under subd. 2. unless it is repealed earlier.
2. The joint committee for review of administrative rules, in consultation with 23
the affected agencies, shall, no later than December 1, 2018, establish a schedule for 24
the expiration of all chapters described under subd. 1. The schedule may provide for 25
the expiration of code chapters on any January 1 beginning with January 1, 2021,
and ending with January 1, 2030. The joint committee for review of administrative 2
rules shall have the schedule published on the legislature's Internet site and in the 3
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 5
not affect a chapter's expiration date under par. (a) or (b).
(d) This subsection does not apply to emergency rules promulgated under s. 7
(a) No earlier than January 1 and no later than March 1 of the year that 9
is 2 years before the expiration date of a chapter of the code under sub. (1), an agency 10
shall submit a notice to the chief clerk of each house of the legislature and to the joint 11
committee for review of administrative rules that it intends to readopt the chapter. 12
The notice shall be submitted in triplicate. An agency may include multiple chapters 13
in a given notice. The presiding officer of each house of the legislature shall, within 14
10 working days after the date on which the notice is received, direct the appropriate 15
chief clerk to refer the notice to one standing committee and to enter a statement that 16
a proposed code chapter readoption notice has been received in the journal of his or 17
her house. The agency shall submit a copy of the notice, in an electronic format 18
approved by the legislative reference bureau, to the legislative reference bureau for 19
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 22
readopted, readopted with changes through the rule-making process under sub. (3), 23
or allowed to expire.
2. A reference to each statute that is interpreted by any rules contained in the 25
chapter, each statute that authorizes the promulgation of any rules contained in that
chapter, and an explanation of the agency's authority to promulgate the rules 2
contained in the chapter under those statutes.
3. A statement as to whether all rules contained in the chapter are in 4
compliance with the requirements under this subchapter and whether they are in 5
need of revision due to changes to state or federal law or for any other reason. If any 6
such revisions are needed, the notice shall also indicate what, if any, plans the agency 7
has to revise the chapter. This statement may also contain a statement as to whether 8
any statutorily required rules in the chapter are obsolete or have been rendered 9
unnecessary and whether the agency recommends a statutory change so that the 10
rules can be repealed.