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LRB-3586/2
MED:amn
2017 - 2018 LEGISLATURE
June 14, 2017 - Introduced 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, cosponsored by Senators Darling,
LeMahieu, Kapenga, Lasee, Stroebel, Craig, Feyen, Marklein and Nass.
Referred to Committee on Regulatory Licensing Reform.
AB384,1,5 1An Act to renumber 227.15 (3); to renumber and amend 227.14 (6) (c); to
2amend
227.114 (2) (intro.), 227.15 (7) and 990.01 (30m); and to create 35.93
3(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)
5and 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administrative rules remain in effect indefinitely unless repealed or amended by the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:
AB384,1 1Section 1. 35.93 (2) (b) 3. gm. of the statutes is created to read:
AB384,2,32 35.93 (2) (b) 3. gm. Notices of readoption of Wisconsin administrative code
3chapters received under s. 227.225 (2) (a).
AB384,2 4Section 2. 35.93 (2) (b) 3. gn. of the statutes is created to read:
AB384,2,55 35.93 (2) (b) 3. gn. Objections to readoption notices under s. 227.225 (2) (c).
AB384,3 6Section 3. 35.93 (2) (b) 3. gp. of the statutes is created to read:
AB384,2,87 35.93 (2) (b) 3. gp. Statements of extension of Wisconsin administrative code
8chapters received under s. 227.225 (4) (c).
AB384,4 9Section 4. 35.93 (2) (c) 2m. of the statutes is created to read:
AB384,2,1110 35.93 (2) (c) 2m. Chapters of the Wisconsin administrative code removed under
11sub. (3) (g).
AB384,5 12Section 5. 35.93 (3) (g) of the statutes is created to read:
AB384,2,1513 35.93 (3) (g) On or after the date that a chapter of the Wisconsin administrative
14code expires under s. 227.225, the legislative reference bureau shall remove the
15chapter from the Wisconsin administrative code.
AB384,6 16Section 6. 227.10 (3) (f) of the statutes is created to read:
AB384,3,2
1227.10 (3) (f) An agency shall avoid the use in rules of words or phrases that
2are outdated or that are now understood to be derogatory or offensive.
AB384,7 3Section 7. 227.114 (2) (intro.) of the statutes is amended to read:
AB384,3,64 227.114 (2) (intro.) When an agency proposes or revises promulgates a rule that
5may have an effect on small businesses, the agency shall consider each of the
6following methods for reducing the impact of the rule on small businesses:
AB384,8 7Section 8. 227.135 (1) (g) of the statutes is created to read:
AB384,3,98 227.135 (1) (g) If the rule is a rule to readopt a chapter of the code under s.
9227.225 (3), a statement to that effect.
AB384,9 10Section 9. 227.137 (3) (h) of the statutes is created to read:
AB384,3,1311 227.137 (3) (h) If the proposed rule seeks to readopt a chapter of the code under
12s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous
13economic impact analysis, if any, for a rule affecting the chapter.
AB384,10 14Section 10. 227.14 (6) (c) of the statutes is renumbered 227.14 (6) (c) 1. and
15amended to read:
AB384,3,2016 227.14 (6) (c) 1. A Except as provided in subd. 2., a proposed rule shall be
17considered withdrawn on December 31 of the 4th year after the year in which it is
18submitted to the legislative council staff under s. 227.15 (1), unless it has been filed
19with the legislative reference bureau under s. 227.20 (1) or withdrawn by the agency
20before that date.
AB384,3,23 213. No action by a legislative committee or by either house of the legislature
22under s. 227.19 delays the date of withdrawal of a proposed rule under this
23paragraph.
AB384,11 24Section 11. 227.14 (6) (c) 2. of the statutes is created to read:
AB384,4,4
1227.14 (6) (c) 2. A proposed rule to readopt a chapter of the code under s.
2227.225 (3) shall be considered withdrawn on the date that chapter expires under s.
3227.225 (1) unless it has been filed with the legislative reference bureau under s.
4227.20 (1) or withdrawn by the agency before that date.
AB384,12 5Section 12. 227.15 (3) of the statutes is renumbered 227.15 (3) (a).
AB384,13 6Section 13. 227.15 (3) (b) of the statutes is created to read:
AB384,4,137 227.15 (3) (b) When a proposed readoption notice for a chapter of the code under
8s. 227.225 (2) is before a standing committee of the legislature or the joint committee
9for review of administrative rules, the legislative council staff shall report to that
10committee on what actions, if any, were taken by standing committees or the joint
11committee for review of administrative rules the last time a readoption notice for that
12chapter was considered or a rule affecting that chapter of the code was before the
13legislature under s. 227.19.
AB384,14 14Section 14. 227.15 (7) of the statutes is amended to read:
AB384,4,1815 227.15 (7) Rules procedures manual. The legislative council staff and the
16legislative reference bureau shall prepare a manual to provide agencies with
17information on drafting, promulgation and legislative review of rules. The manual
18shall prescribe the format for readoption rules under s. 227.225 (3).
AB384,15 19Section 15. 227.225 of the statutes is created to read:
AB384,4,25 20227.225 Expiration and readoption of rules. (1) (a) Each chapter of the
21code expires on the January 1 of the 7th year after the year in which a rule creating,
22repealing and recreating, or readopting that chapter of the code takes effect as
23provided in s. 227.22, unless the rule provides for an earlier repeal date, or on the
24January 1 of the 7th year after the year in which the chapter is readopted under sub.
25(2) (d).
AB384,5,4
1(b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the
2effective date of this subdivision .... [LRB inserts date], and that is not repealed and
3recreated by a rule prior to January 1, 2027, shall expire in accordance with the
4schedule established under subd. 2. unless it is repealed earlier.
AB384,5,125 2. The joint committee for review of administrative rules shall, in consultation
6with the affected agencies and within one year after the effective date of this
7subdivision .... [LRB inserts date], establish a schedule for the expiration of all
8chapters described under subd. 1. The schedule may provide for the expiration of
9code chapters on any January 1 beginning with January 1, 2020, and ending with
10January 1, 2027. The joint committee for review of administrative rules shall have
11the schedule published on the legislature's Internet site and shall provide a copy of
12the schedule to each affected agency.
AB384,5,1413 (c) A change made by the legislative reference bureau under s. 13.92 (4) (b) does
14not affect a chapter's expiration date under par. (a) or (b).
AB384,5,1615 (d) This subsection does not apply to emergency rules promulgated under s.
16227.24.
AB384,6,4 17(2) (a) No earlier than January 1 and no later than March 1 of the year
18preceding the expiration date of a chapter of the code, an agency may submit a notice
19to the chief clerk of each house of the legislature and to the joint committee for review
20of administrative rules that it intends to readopt the expiring chapter. The notice
21shall be submitted in triplicate. An agency may not propose to readopt more than
22one chapter per notice. The presiding officer of each house of the legislature shall,
23within 10 working days after the date on which the notice is received, direct the
24appropriate chief clerk to refer the notice to one standing committee and to enter a
25statement that a proposed code chapter readoption notice has been received in the

1journal of his or her house. The agency shall submit a copy of the notice, in an
2electronic format approved by the legislative reference bureau, to the legislative
3reference bureau for publication in the register. The notice shall contain all of the
4following:
AB384,6,55 1. A brief statement explaining the basis and purpose of the chapter.
AB384,6,96 2. A reference to each statute that is interpreted by any rules contained in the
7chapter, each statute that authorizes the promulgation of any rules contained in that
8chapter, and an explanation of the agency's authority to promulgate the rules
9contained in the chapter under those statutes.
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