AB384-ASA1,12 24Section 12 . 227.225 of the statutes is created to read:
AB384-ASA1,4,2
1227.225 Expiration and readoption of rules. (1) (a) Each chapter of the
2code expires on the January 1 of the 9th year after one of the following:
AB384-ASA1,4,53 1. The year in which a rule creating or repealing and recreating that chapter
4of the code took effect as provided in s. 227.22, unless the rule provides for an earlier
5repeal date.
AB384-ASA1,4,66 2. The year in which the chapter was readopted under sub. (2) (d).
AB384-ASA1,4,97 3. For a chapter that is readopted under sub. (3), the year after the year in
8which the readoption notice for that chapter was filed under sub. (2) (a), unless the
9readopted chapter provides for an earlier repeal date.
AB384-ASA1,4,1310 (b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the
11effective date of this subdivision .... [LRB inserts date], and that is not repealed and
12recreated by a rule prior to January 1, 2030, shall expire in accordance with the
13schedule established under subd. 2. unless it is repealed earlier.
AB384-ASA1,4,2014 2. The joint committee for review of administrative rules, in consultation with
15the affected agencies, shall, no later than December 1, 2018, establish a schedule for
16the expiration of all chapters described under subd. 1. The schedule may provide for
17the expiration of code chapters on any January 1 beginning with January 1, 2021,
18and ending with January 1, 2030. The joint committee for review of administrative
19rules shall have the schedule published on the legislature's Internet site and in the
20register and shall provide a copy of the schedule to each affected agency.
AB384-ASA1,4,2221 (c) A change made by the legislative reference bureau under s. 13.92 (4) (b) does
22not affect a chapter's expiration date under par. (a) or (b).
AB384-ASA1,4,2423 (d) This subsection does not apply to emergency rules promulgated under s.
24227.24.
AB384-ASA1,5,7
1(2) (a) No earlier than January 1 and no later than March 1 of the year that
2is 2 years before the expiration date of a chapter of the code under sub. (1), an agency
3shall submit a notice of proposed readoption for the chapter to the joint committee
4for review of administrative rules. An agency may not propose to readopt more than
5one chapter per notice. The agency shall submit a copy of the notice, in an electronic
6format approved by the legislative reference bureau, to the legislative reference
7bureau for publication in the register. The notice shall contain all of the following:
AB384-ASA1,5,88 1. A brief statement explaining the basis and purpose of the chapter.
AB384-ASA1,5,109 1m. A statement as to whether the agency recommends that the chapter be
10readopted, readopted with changes, or allowed to expire.
AB384-ASA1,5,1411 2. A reference to each statute that is interpreted by any rules contained in the
12chapter, each statute that authorizes the promulgation of any rules contained in that
13chapter, and an explanation of the agency's authority to promulgate the rules
14contained in the chapter under those statutes.
AB384-ASA1,5,1915 3. A statement as to whether all rules contained in the chapter are in
16compliance with the requirements under this subchapter and whether they are in
17need of revision due to changes to state or federal law or for any other reason. If any
18such revisions are needed, the notice shall also indicate what, if any, plans the agency
19has to revise the chapter.
AB384-ASA1,5,2320 4. A list of all guidance documents that the agency has developed relating to
21the chapter. Upon request of any member of the joint committee for review of
22administrative rules, the agency shall provide the member with a copy of any such
23guidance document.
AB384-ASA1,6,3
1(b) Upon receipt of a readoption notice for a code chapter under par. (a), the
2cochairpersons of the joint committee for review of administrative rules shall provide
3a copy of the notice to each other member of the committee.
AB384-ASA1,6,64 (c) 1. The review period for the cochairpersons of the joint committee for review
5of administrative rules extends for 30 working days after the agency submits a
6readoption notice under par. (a).
AB384-ASA1,6,97 2. Either cochairperson of the joint committee for review of administrative
8rules may object to the expiration of the code chapter within the review period under
9subd. 1.
AB384-ASA1,6,1210 3. If a cochairperson objects to the expiration of a code chapter, he or she shall
11provide a copy of the objection to the agency that submitted the notice and to the
12legislative reference bureau for publication in the register.
AB384-ASA1,6,1613 (d) If an objection to the expiration of a code chapter is filed under par. (c) 3. by
14one or both cochairpersons of the joint committee for review of administrative rules
15within the review period under par. (c) 1., the chapter shall be considered readopted
16for purposes of sub. (1) (a) without further action.
AB384-ASA1,6,2017 (e) If the review period under par. (c) 1. expires without an objection to the
18expiration of a code chapter being filed under par. (c) 3., the chapter shall, subject to
19sub. (4), expire on its expiration date unless the agency promulgates a rule under
20sub. (3) to readopt the chapter.
AB384-ASA1,6,24 21(3) If the review period under sub. (2) (c) 1. expires without an objection to the
22expiration of a code chapter being filed under sub. (2) (c) 3., the agency may, using
23the rule-making process in this chapter, promulgate a rule to readopt the chapter.
24All of the following apply with respect to a rule promulgated under this subsection:
AB384-ASA1,6,2525 (a) An agency may not propose to readopt more than one chapter per rule.
AB384-ASA1,7,3
1(am) An agency may not submit a statement of scope under s. 227.135 for a
2proposed rule to readopt a chapter under this subsection after the chapter has
3expired under sub. (1).
AB384-ASA1,7,54 (b) An agency may propose to readopt the chapter without changes or may
5propose changes to the chapter.
AB384-ASA1,7,96 (c) A rule promulgated under this subsection to readopt a chapter may take
7effect after the chapter's expiration date, but rules contained in the chapter may not
8be enforced during the period between the date the chapter expires and the date the
9rule to readopt the chapter takes effect under s. 227.22.
AB384-ASA1,7,15 10(4) (a) At the request of the agency, the joint committee for review of
11administrative rules may, at any time after the review period under sub. (2) (c) 1.
12expires without a notice of objection to the expiration of a code chapter being filed
13under sub. (2) (c) 3. but prior to the expiration date of the chapter, extend the
14expiration date for the chapter for a period specified by the committee not to exceed
15one year.
AB384-ASA1,7,1816 (b) Any request by an agency to extend the effective date of a chapter shall be
17made in writing to the joint committee for review of administrative rules no later
18than 30 days before the expiration date of the chapter.
AB384-ASA1,7,2119 (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
21bureau for publication in the register.
AB384-ASA1,7,2322 (d) An agency may not promulgate an emergency rule under s. 227.24 for the
23purpose of extending a rule that is subject to expiration under this section.
AB384-ASA1,13 24Section 13 . 990.01 (30m) of the statutes is amended to read:
AB384-ASA1,8,3
1990.01 (30m) Promulgate. “Promulgate," when used in connection with a rule,
2as defined under s. 227.01 (13), means to repeal; renumber; consolidate, renumber
3and amend; renumber and amend; amend; repeal and recreate; readopt; or create.
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