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LRBs0118/1
MED:ahe&amn
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 384
October 31, 2017 - Offered by Representative Steineke.
AB384-ASA1,1,5 1An Act to renumber 227.15 (3); to amend 227.114 (2) (intro.), 227.15 (7) and
2990.01 (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
5rules.
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
promulgation.
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effect indefinitely unless repealed or amended by the agency or suspended by the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:
AB384-ASA1,1 1Section 1 . 35.93 (2) (b) 3. gm. of the statutes is created to read:
AB384-ASA1,2,32 35.93 (2) (b) 3. gm. Notices of readoption of Wisconsin administrative code
3chapters received under s. 227.225 (2) (a).
AB384-ASA1,2 4Section 2 . 35.93 (2) (b) 3. gn. of the statutes is created to read:
AB384-ASA1,2,65 35.93 (2) (b) 3. gn. Objections to code chapter expirations under s. 227.225 (2)
6(c).
AB384-ASA1,3 7Section 3 . 35.93 (2) (b) 3. gp. of the statutes is created to read:
AB384-ASA1,2,98 35.93 (2) (b) 3. gp. Statements of extension of Wisconsin administrative code
9chapters received under s. 227.225 (4) (c).
AB384-ASA1,4 10Section 4 . 35.93 (2) (c) 2m. of the statutes is created to read:
AB384-ASA1,2,1211 35.93 (2) (c) 2m. Chapters of the Wisconsin administrative code removed under
12sub. (3) (g).
AB384-ASA1,5 13Section 5 . 35.93 (3) (g) of the statutes is created to read:
AB384-ASA1,2,1614 35.93 (3) (g) On or after the date that a chapter of the Wisconsin administrative
15code expires under s. 227.225, the legislative reference bureau shall remove the
16chapter from the Wisconsin administrative code.
AB384-ASA1,6 17Section 6 . 227.114 (2) (intro.) of the statutes is amended to read:
AB384-ASA1,3,3
1227.114 (2) (intro.) When an agency proposes or revises promulgates a rule that
2may have an effect on small businesses, the agency shall consider each of the
3following methods for reducing the impact of the rule on small businesses:
AB384-ASA1,7 4Section 7 . 227.135 (1) (g) of the statutes is created to read:
AB384-ASA1,3,65 227.135 (1) (g) If the rule is a rule to readopt a chapter of the code under s.
6227.225 (3), a statement to that effect.
AB384-ASA1,8 7Section 8 . 227.137 (3) (h) of the statutes is created to read:
AB384-ASA1,3,108 227.137 (3) (h) If the proposed rule seeks to readopt a chapter of the code under
9s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous
10economic impact analysis, if any, for a rule affecting the chapter.
AB384-ASA1,9 11Section 9 . 227.15 (3) of the statutes is renumbered 227.15 (3) (a).
AB384-ASA1,10 12Section 10 . 227.15 (3) (b) of the statutes is created to read:
AB384-ASA1,3,1813 227.15 (3) (b) When a proposed readoption notice for a chapter of the code under
14s. 227.225 (2) is before the joint committee for review of administrative rules, the
15legislative council staff shall report to the committee on what actions, if any, were
16taken by the joint committee for review of administrative rules the last time a
17readoption notice for that chapter was considered or a rule affecting that chapter of
18the code was before the legislature under s. 227.19.
AB384-ASA1,11 19Section 11 . 227.15 (7) of the statutes is amended to read:
AB384-ASA1,3,2320 227.15 (7) Rules procedures manual. The legislative council staff and the
21legislative reference bureau shall prepare a manual to provide agencies with
22information on drafting, promulgation and legislative review of rules. The manual
23shall prescribe the format for readoption rules under s. 227.225 (3).
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).
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