SB277: Bill Text

SB277,1,5 An Act to renumber 227.15 (3); to amend 227.114 (2) (intro.), 227.14 (6) (c) 1. (intro.), 227.15 (7) and 990.01 (30m); to create 35.93 (2) (b) 3. gn., 35.93 (2) (b) 3. gp., 35.93 (2) (b) 3. gq., 35.93 (2) (c) 2m., 35.93 (3) (g), 227.10 (3) (f), 227.135 (1) (g), 227.137 (3) (h), 227.14 (6) (c) 1m., 227.15 (3) (b) 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 Once promulgated, administrative rules remain in effect indefinitely unless repealed or amended by the agency or suspended by the Joint Committee for Review of Administrative Rules.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 to JCRAR and the appropriate standing committees a notice of its intention 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 The bill also requires agencies to avoid in rules the use of words and phrases that are outdated or that are now understood to be derogatory or offensive.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:

SB277,1 Section 1. 35.93 (2) (b) 3. gn. of the statutes is created to read:

SB277,2,3 35.93 (2) (b) 3. gn. Notices of readoption of Wisconsin administrative code chapters received under s. 227.225 (2) (a).

SB277,2 Section 2. 35.93 (2) (b) 3. gp. of the statutes is created to read:

SB277,2,5 35.93 (2) (b) 3. gp. Objections to readoption notices under s. 227.225 (2) (c).

SB277,3 Section 3. 35.93 (2) (b) 3. gq. of the statutes is created to read:

SB277,2,8 35.93 (2) (b) 3. gq. Statements of extension of Wisconsin administrative code chapters received under s. 227.225 (4) (c).

SB277,4 Section 4. 35.93 (2) (c) 2m. of the statutes is created to read:

SB277,2,11 35.93 (2) (c) 2m. Chapters of the Wisconsin administrative code removed under sub. (3) (g).

SB277,5 Section 5. 35.93 (3) (g) of the statutes is created to read:

SB277,3,2 35.93 (3) (g) On or after the date that a chapter of the Wisconsin administrative code expires under s. 227.225, the legislative reference bureau shall remove the chapter from the Wisconsin administrative code.

SB277,6 Section 6. 227.10 (3) (f) of the statutes is created to read:

SB277,3,5 227.10 (3) (f) An agency shall avoid in rules the use of words or phrases that are outdated or that are now understood to be derogatory or offensive.

SB277,7 Section 7. 227.114 (2) (intro.) of the statutes is amended to read:

SB277,3,9 227.114 (2) (intro.) When an agency proposes or revises promulgates a rule that may have an effect on small businesses, the agency shall consider each of the following methods for reducing the impact of the rule on small businesses:

SB277,8 Section 8. 227.135 (1) (g) of the statutes is created to read:

SB277,3,12 227.135 (1) (g) If the rule is a rule to readopt a chapter of the code under s. 227.225 (3), a statement to that effect.

SB277,9 Section 9. 227.137 (3) (h) of the statutes is created to read:

SB277,3,16 227.137 (3) (h) If the proposed rule seeks to readopt a chapter of the code under s. 227.225 (3), an analysis of how actual costs for the rule compare to a previous economic impact analysis, if any, for a rule affecting the chapter.

SB277,10 Section 10. 227.14 (6) (c) 1. (intro.) of the statutes is amended to read:

SB277,3,20 227.14 (6) (c) 1. (intro.) A Except as provided in subd. 1m., a proposed rule shall be considered withdrawn on whichever of the following dates occurs first, unless it is withdrawn sooner by the agency under par. (b):

SB277,11 Section 11. 227.14 (6) (c) 1m. of the statutes is created to read:

SB277,4,2 227.14 (6) (c) 1m. A proposed rule to readopt a chapter of the code under s. 227.225 (3) shall be considered withdrawn on the date that chapter expires under s. 227.225 (1) unless it has been filed with the legislative reference bureau under s. 227.20 (1) or withdrawn sooner by the agency under par. (b).

SB277,12 Section 12. 227.15 (3) of the statutes is renumbered 227.15 (3) (a).

SB277,13 Section 13. 227.15 (3) (b) of the statutes is created to read:

SB277,4,11 227.15 (3) (b) When a proposed readoption notice for a chapter of the code under s. 227.225 (2) is before a standing committee of the legislature or the joint committee for review of administrative rules, the legislative council staff shall report to that committee on what actions, if any, were taken by standing committees or the joint committee for review of administrative rules the last time a readoption notice for that chapter was considered or a rule affecting that chapter of the code was before the legislature under s. 227.19.

SB277,14 Section 14. 227.15 (7) of the statutes is amended to read:

SB277,4,16 227.15 (7) Rules procedures manual. The legislative council staff and the legislative reference bureau shall prepare a manual to provide agencies with information on drafting, promulgation and legislative review of rules. The manual shall prescribe the format for readoption rules under s. 227.225 (3).

SB277,15 Section 15. 227.225 of the statutes is created to read:

SB277,4,23 227.225 Expiration and readoption of rules. (1) (a) Each chapter of the code expires on the January 1 of the 7th year after the year in which a rule creating, repealing and recreating, or readopting that chapter of the code takes effect as provided in s. 227.22, unless the rule provides for an earlier repeal date, or on the January 1 of the 7th year after the year in which the chapter is readopted under sub. (2) (d).

SB277,5,4 (b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the effective date of this subdivision .... [LRB inserts date], and that is not repealed and recreated by a rule prior to January 1, 2035, shall expire in accordance with the schedule established under subd. 2. unless it is repealed earlier.

SB277,5,12 2. The joint committee for review of administrative rules shall, in consultation with the affected agencies and within one year after the effective date of this subdivision .... [LRB inserts date], establish a schedule for the expiration of all chapters described under subd. 1. The schedule may provide for the expiration of code chapters on any January 1 beginning with January 1, 2028, and ending with January 1, 2035. The joint committee for review of administrative rules shall have the schedule published on the legislature’s website and shall provide a copy of the schedule to each affected agency.

SB277,5,14 (c) A change made by the legislative reference bureau under s. 13.92 (4) (b) does not affect a chapter’s expiration date under par. (a) or (b).

SB277,5,16 (d) This subsection does not apply to emergency rules promulgated under s. 227.24.

SB277,6,6 (2) (a) No earlier than January 1 and no later than March 1 of the year preceding the expiration date of a chapter of the code, an agency may submit to the chief clerk of each house of the legislature and to the joint committee for review of administrative rules a notice that it intends to readopt the expiring chapter. The notice shall be submitted in triplicate. An agency may not propose to readopt more than one chapter per notice. The presiding officer of each house of the legislature shall, within 10 working days after the date on which the notice is received, direct the appropriate chief clerk to refer the notice to one standing committee and to enter a 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 electronic format approved by the legislative reference bureau, to the legislative reference bureau for publication in the register. The notice shall contain all of the following:

SB277,6,7 1. A brief statement explaining the basis and purpose of the chapter.

SB277,6,11 2. A reference to each statute that is interpreted by any rules contained in the chapter, a reference to 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 contained in the chapter under those statutes.

SB277,6,14 3. A statement affirming that all rules contained in the chapter are in compliance with the requirements under this subchapter and are not otherwise in need of revision due to changes to state or federal law or for any other reason.

SB277,6,18 (b) Upon receipt of a readoption notice under par. (a), the chairperson or cochairpersons of each standing committee and the joint committee for review of administrative rules shall provide a copy of the notice to each other member of the committee.

SB277,7,4 (c) The review period for each standing committee and the joint committee for review of administrative rules extends for 40 days after the agency submits the readoption notice under par. (a). Any member of either standing committee or of the joint committee for review of administrative rules may object to readoption of the code chapter within that period. Such an objection shall be made in writing. If a committee member objects to the readoption, the chairperson or chairpersons of the committee shall provide a copy of the objection to each other committee that received the notice under par. (a), to the agency that submitted the notice, and to the legislative reference bureau for publication in the register.

SB277,7,8 (d) If the review period under par. (c) expires with no objection from a member of either standing committee or the joint committee for review of administrative rules, the chapter shall be considered readopted for purposes of sub. (1) (a) without further action.

SB277,7,12 (e) If a member of either standing committee or the joint committee for review of administrative rules objects to readoption of the chapter within the review period under par. (c), the chapter shall, subject to sub. (4), expire on its expiration date unless the agency promulgates a rule under sub. (3) to readopt the chapter.

SB277,7,16 (3) If a committee member objects to the readoption of a chapter under sub. (2) (e), the agency may, 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 subsection:

SB277,7,17 (a) An agency may not propose to readopt more than one chapter per rule.

SB277,7,19 (b) An agency may propose to readopt the chapter without changes or may propose changes to the chapter.

SB277,7,23 (4) (a) At the request of the agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a chapter, extend the expiration date for the chapter for a period specified by the committee not to exceed one year.

SB277,8,3 (b) Any request by an agency to extend the effective date of a chapter shall be made in writing to the joint committee for review of administrative rules no later than 30 days before the expiration date of the chapter.

SB277,8,6 (c) Whenever the committee extends an expiration date for a chapter under par. (a), it shall file a statement of its action with the agency and the legislative reference bureau for publication in the register.

SB277,8,8 (d) An agency may not promulgate an emergency rule under s. 227.24 for the purpose of extending a rule that is subject to expiration under this section.

SB277,16 Section 16. 990.01 (30m) of the statutes is amended to read:

SB277,8,13 990.01 (30m) Promulgate. “Promulgate,” when used in connection with a rule, as defined under s. 227.01 (13), means to repeal; renumber; consolidate, renumber and amend; renumber and amend; amend; repeal and recreate; readopt; or create.

SB277,8,14 (end)