Read the full stored bill text
Wisconsin Legislature: AB277: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB277: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-2508/1
MED:cdc
2025 ASSEMBLY BILL 277
May 30, 2025 - Introduced by Representatives
Gustafson
,
Nedweski
,
Knodl
,
Armstrong
,
Penterman
,
O'Connor
,
Mursau
,
Krug
,
Maxey
,
Green
,
Murphy
,
B. Jacobson
,
Dittrich
,
Tranel
,
Piwowarczyk
,
Kreibich
,
Gundrum
,
Brooks
,
Callahan
,
Dallman
,
Behnke
,
Goeben
,
Donovan
,
Kaufert
,
Tittl
,
Melotik
,
Wichgers
and
Wittke
, cosponsored by Senators
Bradley
,
Quinn
,
Tomczyk
,
Nass
,
Kapenga
,
Feyen
,
Cabral-Guevara
and
Hutton
. Referred to Committee on Government Operations, Accountability, and Transparency.
AB277,1,5
1
An Act
to consolidate, renumber and amend
227.137 (3) (b) (intro.) and 1.;
2
to amend
227.137 (3) (c), 227.137 (4m) (b) 2. a., 227.137 (4m) (b) 2. b., 227.137
3
(4m) (c) 1., 227.139 (1), 227.139 (2) (b), 227.19 (5) (b) 3. a. and 227.19 (5) (b) 3.
4
b.;
to create
227.137 (3m) and 227.139 (2) (c) of the statutes;
relating to:
5
requirements for proposed administrative rules that impose any costs.
Analysis by the Legislative Reference Bureau
Under current law, if a proposed administrative rule is reasonably expected to pass along $10,000,000 or more in implementation and compliance costs to businesses, local governmental units, and individuals over any two-year period, the agency proposing the rule must stop working on the proposed rule until 1) the agency modifies the proposed rule to reduce the expected costs or 2) a bill is enacted that allows the agency to promulgate the proposed rule. These requirements do not apply to emergency rules or to certain rules proposed by the Department of Natural Resources that relate to air quality and that are required under federal law.
This bill changes those requirements so that the requirements apply when a proposed rule is reasonably expected to pass along any amount of implementation and compliance costs to businesses, local governmental units, and individuals over any two-year period. Under the bill, the agency proposing such a rule must stop working on the proposed rule until 1) the agency modifies the proposed rule to eliminate the expected costs; 2) a bill is enacted that allows the agency to promulgate the proposed rule; or 3) the agency promulgates or has promulgated a different rule, in the same calendar year as proposing the rule at issue, that is reasonably expected to reduce implementation and compliance costs to businesses, local governmental units, and individuals over any two-year period, in an amount that will offset the amount of costs resulting from the proposed rule at issue.
The bill also requires an agency, in the economic impact analysis of a proposed rule that the agency is required to prepare, to include an estimate of the total implementation and compliance cost savings that are reasonably expected to be realized by businesses, local governmental units, and individuals as a result of the proposed rule, expressed as a single dollar figure.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB277,1
1
Section
1
.
227.137 (3) (b) (intro.) and 1. of the statutes are consolidated,
2
renumbered 227.137 (3) (b) and amended to read:
AB277,3,4
3
227.137
(3)
(b) An analysis and detailed quantification of the economic impact
4
of the proposed rule,
prepared in accordance with sub. (3m),
including the
5
implementation and compliance costs that are reasonably expected to be incurred
6
by or passed along to the businesses, local governmental units, and individuals that
7
may be affected by the proposed rule,
specifically including all of the following: 1.
8
An estimate of the total implementation and compliance costs that are reasonably
9
expected to be incurred by or passed along to businesses, local governmental units,
10
and individuals as a result of the proposed rule, expressed
as well as any cost
11
savings that are reasonably expected to be realized by those businesses, local
12
governmental units, and individuals. The agency shall list out the costs and cost
13
savings as they pertain to each affected type of business, local governmental unit,
14
and individual. The agency shall also compile the total net costs and cost savings
15
for all affected businesses, local governmental units, and individuals and shall
1
express the result
as a single dollar figure. With respect to an independent
2
economic impact analysis prepared under sub. (4m) or s. 227.19 (5) (b) 3., the person
3
preparing the analysis shall provide a detailed explanation of any variance from the
4
agency’s estimate under this
subdivision
paragraph
.
AB277,2
5
Section
2
.
227.137 (3) (c) of the statutes is amended to read:
AB277,3,9
6
227.137
(3)
(c) An analysis of the actual and quantifiable benefits of the
7
proposed rule
not otherwise described under par. (b)
, including an assessment of
8
how effective the proposed rule will be in addressing the policy problem that the
9
rule is intended to address.
AB277,3
10
Section
3
.
227.137 (3m) of the statutes is created to read:
AB277,3,19
11
227.137
(3m)
For purposes of sub. (3) (b), the estimate of the implementation
12
and compliance costs that are reasonably expected to be incurred by or passed along
13
to the businesses, local governmental units, and individuals that may be affected by
14
the proposed rule, as well as any cost savings that are reasonably expected to be
15
realized by those businesses, local governmental units, and individuals, shall be
16
attributed to the proposed rule regardless of the level or extent of discretion
17
afforded to the agency in determining the policies of the proposed rule and
18
regardless of whether those costs and cost savings are attributable to any of the
19
following:
AB277,3,22
20
(a) The underlying statutory directives or objectives that are the basis for the
21
proposed rule or that determine or otherwise impact the policies proposed to be
22
included in the rule.
AB277,4,2
23
(b) Any other statutory directives or objectives that impact the proposed rule
1
or that determine or otherwise impact the policies proposed to be included in the
2
rule.
AB277,4,3
3
(c) Requirements, limitations, or other constraints imposed under federal law.
AB277,4,4
4
(d) Other factors that bear on the necessity of the policies of the proposed rule.
AB277,4
5
Section
4
.
227.137 (4m) (b) 2. a. of the statutes is amended to read:
AB277,4,11
6
227.137
(4m)
(b) 2. a. If the estimate in the independent economic impact
7
analysis of total implementation and compliance costs under sub. (3) (b)
1.
varies
8
from the agency’s estimate by 15 percent or more or varies from the agency’s
9
determination that there will be no implementation or compliance costs, the
10
cochairperson shall assess the agency that is proposing the proposed rule for the
11
costs of completing the independent economic impact analysis.
AB277,5
12
Section
5
.
227.137 (4m) (b) 2. b. of the statutes is amended to read:
AB277,4,19
13
227.137
(4m)
(b) 2. b. If the estimate in the independent economic impact
14
analysis of total implementation and compliance costs under sub. (3) (b)
1.
does not
15
vary from the agency’s estimate by 15 percent or more or is in accord with the
16
agency’s determination that there will be no implementation and compliance costs,
17
the costs of completing the independent economic impact analysis shall be paid
18
from the appropriation account that corresponds to his or her house of the
19
legislature under s. 20.765 (1) (a) or (b).
AB277,6
20
Section
6
.
227.137 (4m) (c) 1. of the statutes is amended to read:
AB277,4,22
21
227.137
(4m)
(c) 1. Include in the analysis the information that is required
22
under sub. (3)
, prepared in accordance with sub. (3m)
.
AB277,7
23
Section
7
.
227.139 (1) of the statutes is amended to read:
AB277,5,9
24
227.139
(1)
If an economic impact analysis prepared under s. 227.137 (2), a
1
revised economic impact analysis prepared under s. 227.137 (4), or an independent
2
economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3.
3
indicates that
$10,000,000 or more in
there are any net
implementation and
4
compliance costs
that are
are reasonably expected to be incurred by or passed along
5
to businesses, local governmental units, and individuals
over any 2-year period
as a
6
result of the proposed rule, the agency proposing the rule shall stop work on the
7
proposed rule and may not continue promulgating the proposed rule
8
notwithstanding any provision authorizing or requiring the agency to promulgate
9
the proposed rule, except as authorized under sub. (2).
AB277,8
10
Section
8
.
227.139 (2) (b) of the statutes is amended to read:
AB277,5,23
11
227.139
(2)
(b) If an agency is prohibited from promulgating a rule under sub.
12
(1), the agency may modify the proposed rule, if the modification is germane to the
13
subject matter of the proposed rule, to address the implementation and compliance
14
costs of the proposed rule. If the agency modifies a proposed rule under this
15
paragraph, the agency shall prepare a revised economic impact analysis under s.
16
227.137 (4). Following the modification, the agency may continue with the rule-
17
making process as provided in this subchapter if the revised economic impact
18
analysis prepared by the agency indicates, and any independent economic impact
19
analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. subsequent to the
20
agency’s modification also indicates, that
$10,000,000 or more in
no net
21
implementation and compliance costs are
not
reasonably expected to be incurred by
22
or passed along to businesses, local governmental units, and individuals
over any 2-
23
year period
as a result of the proposed rule.
AB277,9
1
Section
9
.
227.139 (2) (c) of the statutes is created to read:
AB277,6,16
2
227.139
(2)
(c) If an agency is prohibited from promulgating a rule under sub.
3
(1), the agency may promulgate a separate rule or use a previously promulgated
4
rule to fully offset the implementation and compliance costs of the proposed rule, if
5
the other rule is promulgated in the same calendar year as the proposed rule and
6
has not previously been used to offset costs under this paragraph. If the agency
7
promulgates or uses a rule as provided under this paragraph, the agency shall
8
prepare a revised economic impact analysis under s. 227.137 (4). The agency may
9
continue with the rule-making process as provided in this subchapter if the revised
10
economic impact analysis prepared by the agency indicates, and any independent
11
economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3.
12
subsequent to the agency’s modification also indicates, that another rule
13
promulgated by the agency fully offsets any implementation and compliance costs
14
that are reasonably expected to be incurred by or passed along to businesses, local
15
governmental units, and individuals over any 2-year period as a result of the
16
proposed rule.
AB277,10
17
Section
10
.
227.19 (5) (b) 3. a. of the statutes is amended to read:
AB277,6,23
18
227.19
(5)
(b) 3. a. If the estimate in the independent economic impact
19
analysis of total implementation and compliance costs under s. 227.137 (3) (b)
1.
20
varies from the agency’s estimate by 15 percent or more or varies from the agency’s
21
determination that there will be no implementation or compliance costs, the
22
committee shall assess the agency that is proposing the proposed rule for the costs
23
of completing the independent economic impact analysis.
AB277,11
1
Section
11
.
227.19 (5) (b) 3. b. of the statutes is amended to read:
AB277,7,7
2
227.19
(5)
(b) 3. b. If the estimate in the independent economic impact
3
analysis of total implementation and compliance costs under s. 227.137 (3) (b)
1.
4
does not vary from the agency’s estimate by 15 percent or more or is in accord with
5
the agency’s determination that there will be no implementation and compliance
6
costs, the costs of completing the independent economic impact analysis shall be
7
paid in equal parts from the appropriation accounts under s. 20.765 (1) (a) and (b).
AB277,12
8
Section
12
. Initial applicability.
AB277,7,10
9
(
1
)
This act first applies to a proposed rule whose statement of scope is
10
presented for approval under s. 227.135 (2) on the effective date of this subsection.
AB277,7,11
11
(end)
Down
Down
/2025/related/proposals/ab277
true
proposaltext
/2025/related/proposals/ab277
proposaltext/2025/REG/AB277
proposaltext/2025/REG/AB277
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB277: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting