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 [LRB inserts date], and that is not repealed and 20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 unless it is repealed earlier.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.
4. A list of all guidance documents that the agency has developed relating to 12
the chapter. Upon request of any member of either standing committee to which the 13
notice is referred or any member of the joint committee for review of administrative 14
rules, the agency shall provide the member with a copy of any such guidance 15
(b) Upon receipt of a readoption notice under par. (a), the chairperson or 17
chairpersons of each standing committee and the joint committee for review of 18
administrative rules shall provide a copy of the notice to each other member of the 19
(c) 1. The review period for each standing committee and the joint committee 21
for review of administrative rules extends for 30 working days after the agency 22
submits a readoption notice under par. (a).
2. Any member of either standing committee or of the joint committee for 24
review of administrative rules may object to readoption of a code chapter included 25
in the notice within the review period under subd. 1.
3. A member shall submit an objection under subd. 2. in writing to the 2
chairperson or cochairpersons of the committee. The member shall specify which 3
sections in a given chapter the member objects to and shall explain the reasons for 4
his or her objection.
4. If a committee member objects to the readoption of a code chapter, the 6
chairperson or chairpersons of the committee shall provide a copy of the objection to 7
each other committee that received the notice under par. (a), to the agency that 8
submitted the notice, and to the legislative reference bureau.
(d) If the review period under par. (c) 1. expires without a notice of objection 10
being filed to a code chapter under par. (c) 2., the chapter shall be considered 11
readopted for purposes of sub. (1) (a) without further action.
(e) If one or more notices of objection are filed to a code chapter under par. (c) 13
2. within the review period under par. (c) 1., the joint committee for review of 14
administrative rules shall, within 30 working days after the date the review period 15
under par. (c) 1. expires, meet and take action in executive session to act on the 16
objections. If the committee votes to concur in the objection, it shall file a statement 17
of its action with the agency and the legislative reference bureau for publication in 18
the register and the chapter shall, subject to sub. (4), expire on its expiration date 19
unless the agency promulgates a rule under sub. (3) to readopt the chapter. If the 20
committee does not vote to concur in the objection, the chapter shall be considered 21
readopted for purposes of sub. (1) (a) without further action.
If the joint committee for review of administrative rules votes to concur in 23
the objection to the readoption of a code chapter under sub. (2) (e), the agency may, 24
using the rule-making process in this chapter, promulgate a rule to readopt the
chapter. All of the following apply with respect to a rule promulgated under this 2
(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 5
proposed rule to readopt a chapter under this subsection after the chapter has 6
expired under sub. (1).
(b) An agency may propose to readopt the chapter without changes or may 8
propose changes to the chapter.
(c) A rule promulgated under this subsection to readopt a chapter may take 10
effect after the chapter's expiration date, but rules contained in the chapter may not 11
be enforced during the period between the date the chapter expires and the date the 12
rule to readopt the chapter takes effect under s. 227.22.
(a) At the request of the agency, the joint committee for review of 14
administrative rules may, at any time after the agency receives a notice of objection 15
to a chapter under sub. (2) (e) but prior to the expiration date of the chapter, extend 16
the expiration date for the chapter for a period specified by the committee not to 17
exceed one year.
(b) Any request by an agency to extend the effective date of a chapter shall be 19
made in writing to the joint committee for review of administrative rules no later 20
than 30 days before the expiration date of the chapter.
(c) Whenever the committee extends an expiration date for a chapter under par. 22
(a), it shall file a statement of its action with the agency and the legislative reference 23
bureau for publication in the register.
(d) An agency may not promulgate an emergency rule under s. 227.24 for the 25
purpose of extending a rule that is subject to expiration under this section.
227.31 of the statutes is created to read:
2227.31 Agency publications.
An agency shall identify the applicable 3
provision of federal law or state statutory provision or section of administrative code 4
that supports any statement or interpretation of law that the agency makes in any 5
publication, whether in print or on the agency's Internet site, including forms, 6
pamphlets, or other informational materials, regarding the laws the agency 7
990.01 (30m) of the statutes is amended to read:
990.01 (30m) Promulgate.
“Promulgate," when used in connection with a rule, 10
as defined under s. 227.01 (13), means to repeal; renumber; consolidate, renumber 11
and amend; renumber and amend; amend; repeal and recreate; readopt;
(1) The treatment of section 227.31 of the statutes with respect to printed 14
publications first applies to forms, pamphlets, or other informational materials that 15
are printed 60 days after the effective date of this subsection.