the rule-making authority of agencies

Wisconsin Legislature: AB955: Text as Enrolled

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
»
Vetoed in Full
»
AB955: Text as Enrolled

Up

Up

Date of enactment:
2025 Assembly Bill 955

Date of publication*:
2025 WISCONSIN ACT
An Act

to repeal
227.11 (2) (a) (intro.);
to renumber and amend
227.11 (2) (a) 1. to 3.;
to amend
18.03 (2) (b), 227.10 (2m), 227.11 (2) (d), 227.11 (3) and 227.135 (2);
to create
227.11 (1m) of the statutes;
relating to:
the rule-making and regulatory authority of agencies.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB955,1
Section

1
.
18.03 (2) (b) of the statutes is amended to read:
18.03
(2)
(b) The commission may interpret the statutes enforced or administered by it as it considers to be necessary to effectuate the purpose of the statutes.
The authority granted by this paragraph shall not exceed the authority granted by s. 227.11 (2) (a).
AB955,2
Section

2
.
227.10 (2m) of the statutes is amended to read:
227.10
(2m)
No agency may implement or enforce any standard, requirement, or threshold, including as a term or condition of any license issued by the agency, unless that standard, requirement, or threshold is explicitly
and specifically
required or explicitly
and specifically
permitted by statute or by a rule that has been promulgated in accordance with this subchapter, except as provided in s. 186.118 (2) (c) and (3) (b) 3. The governor, by executive order, may prescribe guidelines to ensure that rules are promulgated in compliance with this subchapter.
AB955,3
Section

3
.
227.11 (1m) of the statutes is created to read:
227.11
(1m)
No agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency without explicit and specific statutory authority.
AB955,4
Section

4
.
227.11 (2) (a) (intro.) of the statutes is repealed.
AB955,5
Section

5
.
227.11 (2) (a) 1. to 3. of the statutes are renumbered 227.11 (4) to (6), and 227.11 (4) and (5), as renumbered, are amended to read:
227.11
(4)
A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly
and specifically
conferred on the agency by the legislature.
(5)
A statutory provision describing the agency’s general powers or duties does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly
and specifically
conferred on the agency by the legislature.
AB955,6
Section

6
.
227.11 (2) (d) of the statutes is amended to read:
227.11
(2)
(d) An agency may promulgate rules
implementing or interpreting a statute
that it will enforce or administer after publication of the
authorizing
statute but prior to the statute’s effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the
authorizing
statute
that it implements or interprets
.
AB955,7
Section

7
.
227.11 (3) of the statutes is amended to read:
227.11
(3)
(a) A plan that is submitted to the federal government for the purpose of complying with a requirement of federal law does not confer rule-making authority and cannot be used by an agency as authority to promulgate rules. No agency may agree to promulgate a rule as a component of a compliance plan unless the agency has explicit
and specific
statutory authority to promulgate the rule at the time the compliance plan is submitted.
(b) A settlement agreement, consent decree, or court order does not confer rule-making authority and cannot be used by an agency as authority to promulgate rules. No agency may agree to promulgate a rule as a term in any settlement agreement, consent decree, or stipulated order of a court unless the agency has explicit
and specific
statutory authority to promulgate the rule at the time the settlement agreement, consent decree, or stipulated order of a court is executed.
AB955,8
Section

8
.
227.135 (2) of the statutes is amended to read:
227.135
(2)
An agency that has prepared a statement of the scope of the proposed rule shall present the statement to the department of administration, which shall make a determination as to whether the agency has the explicit
and specific
authority to promulgate the rule as proposed in the statement of scope and shall report the statement of scope and its determination to the governor who, in his or her discretion, may approve or reject the statement of scope. The agency may not send the statement to the legislative reference bureau for publication under sub. (3) until the governor issues a written notice of approval of the statement. The agency shall also present the statement to the individual or body with policy-making powers over the subject matter of the proposed rule for approval. The individual or body with policy-making powers may not approve the statement until at least 10 days after publication of the statement under sub. (3) and, if a preliminary public hearing and comment period are held by the agency under s. 227.136, until the individual or body has received and reviewed any public comments and feedback received from the agency under s. 227.136 (5). No state employee or official may perform any activity in connection with the drafting of a proposed rule, except for an activity necessary to prepare the statement of the scope of the proposed rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed rule approve the statement. This subsection does not prohibit an agency from performing an activity necessary to prepare a petition and proposed rule for submission under s. 227.26 (4).

Down

Down

/2025/related/vetoedinfull/ab955

true

vetoedenrolledbills

/2025/related/vetoedinfull/ab955

vetoedenrolledbills/2025/REG/AB955

vetoedenrolledbills/2025/REG/AB955

section

true

Menu
»
2025
»
Related Documents
»
Vetoed in Full
»
AB955: Text as Enrolled

×

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