2017 - 2018 LEGISLATURE
June 15, 2017 - Introduced by Senators Darling, LeMahieu, Kapenga, Lasee,
Stroebel, Craig, Feyen, Marklein and Nass, cosponsored by Representatives
Steineke, Zimmerman, Allen, Brandtjen, R. Brooks, Duchow, Felzkowski,
Gannon, Horlacher, Hutton, Jarchow, Katsma, Kleefisch, Knodl,
Kooyenga, Kremer, Kuglitsch, Kulp, Murphy, Neylon, Ripp, Rohrkaste,
Schraa, Spiros, Tauchen, Thiesfeldt, Tusler, Vorpagel and Weatherston.
Referred to Committee on Labor and Regulatory Reform.
1An Act to renumber
to renumber and amend
227.14 (6) (c); to
227.114 (2) (intro.), 227.15 (7) and 990.01 (30m); and
(2) (b) 3. gm., 35.93 (2) (b) 3. gn., 35.93 (2) (b) 3. gp., 35.93 (2) (c) 2m., 35.93 (3) 4
(g), 227.10 (3) (f), 227.135 (1) (g), 227.137 (3) (h), 227.14 (6) (c) 2., 227.15 (3) (b) 5
and 227.225 of the statutes; relating to: the expiration of administrative rules.
Analysis by the Legislative Reference Bureau
This bill provides for the expiration of each chapter of the Wisconsin
Administrative Code after seven years, unless the chapter is readopted by the agency
through the readoption process established under the bill.
Under current law, an agency may promulgate administrative rules when it is
granted rule-making authority under the statutes. 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administrative rules remain in effect indefinitely unless repealed or amended by the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 bill provides that each chapter of the code expires seven years after a rule
that creates, or repeals and recreates, the chapter takes effect or after the chapter
is readopted. The bill requires JCRAR to establish a schedule for the expiration of
all existing code chapters that are in effect on the effective date of the bill. Under the
bill, in the year before a code chapter is set to expire, an agency may send a readoption
notice to JCRAR and the appropriate standing committees proposing to readopt the
chapter. If no member of JCRAR or the standing committees objects to the
readoption notice, the chapter is considered readopted without further action. If any
member of JCRAR or either standing committee objects to readoption of the chapter,
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 bill, 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 bill also requires agencies to avoid the use in rules of words and phrases
that are outdated or that are now understood to be derogatory or offensive.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
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 readoption notices under s. 227.225 (2) (c).
35.93 (2) (b) 3. gp. of the statutes is created to read:
(b) 3. gp. Statements of extension of Wisconsin administrative code 8
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 11
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 14
code expires under s. 227.225, the legislative reference bureau shall remove the 15
chapter from the Wisconsin administrative code.
227.10 (3) (f) of the statutes is created to read:
(f) An agency shall avoid the use in rules of words or phrases that 2
are outdated or that are now understood to be derogatory or offensive.
227.114 (2) (intro.) of the statutes is amended to read:
(intro.) When an agency proposes or revises promulgates
a rule that 5
may have an effect on small businesses, the agency shall consider each of the 6
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. 9
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 12
s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous 13
economic impact analysis, if any, for a rule affecting the chapter.
227.14 (6) (c) of the statutes is renumbered 227.14 (6) (c) 1. and 15
amended to read:
(c) 1. A Except as provided in subd. 2., a
proposed rule shall be 17
considered withdrawn on December 31 of the 4th year after the year in which it is 18
submitted to the legislative council staff under s. 227.15 (1), unless it has been filed 19
with the legislative reference bureau under s. 227.20 (1) or withdrawn by the agency 20
before that date.
No action by a legislative committee or by either house of the legislature 22
under s. 227.19 delays the date of withdrawal of a proposed rule under this 23
227.14 (6) (c) 2. of the statutes is created to read:
(c) 2. A proposed rule to readopt a chapter of the code under s. 2
227.225 (3) shall be considered withdrawn on the date that chapter expires under s. 3
227.225 (1) unless it has been filed with the legislative reference bureau under s. 4
227.20 (1) or withdrawn by the agency before that date.
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 8
s. 227.225 (2) is before a standing committee of the legislature or the joint committee 9
for review of administrative rules, the legislative council staff shall report to that 10
committee on what actions, if any, were taken by standing committees or the joint 11
committee for review of administrative rules the last time a readoption notice for that 12
chapter was considered or a rule affecting that chapter of the code was before the 13
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 16
legislative reference bureau shall prepare a manual to provide agencies with 17
information on drafting, promulgation and legislative review of rules.
18shall prescribe the format for readoption rules under s. 227.225 (3).
227.225 of the statutes is created to read:
20227.225 Expiration and readoption of rules. (1)
(a) Each chapter of the 21
code expires on the January 1 of the 7th year after the year in which a rule creating, 22
repealing and recreating, or readopting that chapter of the code takes effect as 23
provided in s. 227.22, unless the rule provides for an earlier repeal date, or on the 24
January 1 of the 7th year after the year in which the chapter is readopted under sub. 25
(b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the 2
effective date of this subdivision .... [LRB inserts date], and that is not repealed and 3
recreated by a rule prior to January 1, 2027, shall expire in accordance with the 4
schedule established under subd. 2. unless it is repealed earlier.
2. The joint committee for review of administrative rules shall, in consultation 6
with the affected agencies and within one year after the effective date of this 7
subdivision .... [LRB inserts date], establish a schedule for the expiration of all 8
chapters described under subd. 1. The schedule may provide for the expiration of 9
code chapters on any January 1 beginning with January 1, 2020, and ending with 10
January 1, 2027. The joint committee for review of administrative rules shall have 11
the schedule published on the legislature's Internet site and shall provide a copy of 12
the schedule to each affected agency.
(c) A change made by the legislative reference bureau under s. 13.92 (4) (b) does 14
not affect a chapter's expiration date under par. (a) or (b).
(d) This subsection does not apply to emergency rules promulgated under s. 16
(a) No earlier than January 1 and no later than March 1 of the year 18
preceding the expiration date of a chapter of the code, an agency may submit a notice 19
to the chief clerk of each house of the legislature and to the joint committee for review 20
of administrative rules that it intends to readopt the expiring chapter. The notice 21
shall be submitted in triplicate. An agency may not propose to readopt more than 22
one chapter per notice. The presiding officer of each house of the legislature shall, 23
within 10 working days after the date on which the notice is received, direct the 24
appropriate chief clerk to refer the notice to one standing committee and to enter a 25
statement that a proposed code chapter readoption notice has been received in the
journal of his or her house. The agency shall submit a copy of the notice, in an 2
electronic format approved by the legislative reference bureau, to the legislative 3
reference bureau for publication in the register. The notice shall contain all of the 4
1. A brief statement explaining the basis and purpose of the chapter.
2. A reference to each statute that is interpreted by any rules contained in the 7
chapter, each statute that authorizes the promulgation of any rules contained in that 8
chapter, and an explanation of the agency's authority to promulgate the rules 9
contained in the chapter under those statutes.