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AB993 • 2025

the expiration of administrative rules

the expiration of administrative rules

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representatives Hurd, B. Jacobson, Armstrong, Behnke, Gundrum, Knodl, Kreibich, Murphy, O'Connor, Tucker, Tusler and Wichgers, cosponsored by Senator Jacque
Last action
2026-03-23
Official status
A - State Affairs
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

the expiration of administrative rules

the expiration of administrative rules Status: A - State Affairs

What This Bill Does

  • the expiration of administrative rules Status: A - State Affairs

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-23 Asm.

    Failed to pass pursuant to Senate Joint Resolution 1

  2. 2026-02-09 Asm.

    Fiscal estimate received

  3. 2026-01-30 Asm.

    Introduced by Representatives Hurd , B. Jacobson , Armstrong , Behnke , Gundrum , Knodl , Kreibich , Murphy , O'Connor , Tucker , Tusler and Wichgers ; cosponsored by Senator Jacque

  4. 2026-01-30 Asm.

    Read first time and referred to Committee on State Affairs

Official Summary Text

the expiration of administrative rules
Status: A - State Affairs

Current Bill Text

Read the full stored bill text
Wisconsin Legislature: AB993: Bill Text

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AB993: Bill Text

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2025 - 2026 LEGISLATURE
LRB-5746/1
MED:cdc
2025 ASSEMBLY BILL 993
January 30, 2026 - Introduced by Representatives
Hurd
,
B. Jacobson
,
Armstrong
,
Behnke
,
Gundrum
,
Knodl
,
Kreibich
,
Murphy
,
O'Connor
,
Tucker
,
Tusler
and
Wichgers
, cosponsored by Senator
Jacque
. Referred to Committee on State Affairs.
AB993,1,5
1
An Act

to renumber and amend
227.139 (1) and 227.139 (3);
to amend

2
227.114 (2) (intro.), 227.137 (3) (intro.), 227.14 (6) (c) 1. (intro.), 227.15 (7) and
3
990.01 (30m);
to create
35.93 (2) (c) 2m., 35.93 (3) (g), 227.135 (1) (g), 227.137
4
(3c), 227.139 (1) (b), 227.139 (3) (b), 227.14 (6) (c) 1m. and 227.225 of the
5
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 eight 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 generally remain in effect indefinitely unless repealed or amended by the agency.
The bill provides that each chapter of the code expires eight years after a rule that creates, or repeals and recreates, the chapter takes effect or after the chapter is readopted. The bill requires the Department of Administration 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, the chapter expires on its expiration date unless the agency promulgates a rule to readopt the chapter using the rule-making process established under current law. Such a rule may readopt the chapter without change or may include changes to the chapter. If the agency readopts a chapter using the rule-making process, the bill requires the agency to include certain analysis on the past and ongoing economic impact of the chapter and, if proposed changes are included, analyses of the economic impact of the proposed changes.
Also under current law, generally, 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.
The bill provides that, for purposes of this prohibition, when an agency is proposing to readopt a chapter of the administrative code that is subject to expiration as provided in the bill, 1) the prohibition does not apply to proposed rules to readopt a chapter without change, and 2) if the agency is proposing to readopt a chapter with changes, the costs that shall be counted shall include only costs associated with the proposed changes, and not those past costs or the ongoing costs of maintaining the chapter.
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:
AB993,1
1
Section
1
.
35.93 (2) (c) 2m. of the statutes is created to read:
AB993,2,3
2
35.93
(2)
(c) 2m. Chapters of the Wisconsin administrative code removed
3
under sub. (3) (g).
AB993,2
4
Section
2
.
35.93 (3) (g) of the statutes is created to read:
AB993,2,7
5
35.93
(3)
(g) On or after the date that a chapter of the Wisconsin
6
administrative code expires under s. 227.225, the legislative reference bureau shall
7
remove the chapter from the Wisconsin administrative code.
AB993,3
8
Section
3
.
227.114 (2) (intro.) of the statutes is amended to read:
AB993,3,2
9
227.114
(2)
(intro.) When an agency
proposes or revises

promulgates
a rule
1
that may have an effect on small businesses, the agency shall consider each of the
2
following methods for reducing the impact of the rule on small businesses:
AB993,4
3
Section
4
.
227.135 (1) (g) of the statutes is created to read:
AB993,3,5
4
227.135
(1)
(g) If the rule is a rule to readopt a chapter of the code under s.
5
227.225 (2), a statement to that effect.
AB993,5
6
Section

5
.
227.137 (3) (intro.) of the statutes is amended to read:
AB993,3,19
7
227.137
(3)
(intro.) An economic impact analysis of a proposed rule shall
8
contain information on the economic effect of the proposed rule on specific
9
businesses, business sectors, public utility ratepayers, local governmental units,
10
and the state’s economy as a whole. The agency or person preparing the analysis
11
shall solicit information and advice from businesses, associations representing
12
businesses, local governmental units, and individuals that may be affected by the
13
proposed rule. The agency or person shall prepare the economic impact analysis in
14
coordination with local governmental units that may be affected by the proposed
15
rule. The agency or person may also request information that is reasonably
16
necessary for the preparation of an economic impact analysis from other businesses,
17
associations, local governmental units, and individuals and from other agencies.
18
The economic impact analysis shall
, except as provided in sub. (3c),
include all of
19
the following:
AB993,6
20
Section

6
.
227.137 (3c) of the statutes is created to read:
AB993,4,2
21
227.137
(3c)
(a) With respect to a proposed rule to readopt a chapter of the
22
code under s. 227.225 (2), the agency shall prepare the analysis in accordance with
23
sub. (3) (intro.). In lieu of providing the analysis under sub. (3) (a) to (g), the agency
1
shall, except as provided in par. (b), include all of the following with respect to the
2
rules contained in the chapter to be readopted by the proposed rule:
AB993,4,6
3
1. An analysis and quantification of the policy problem that the rules were
4
intended to address, including comparisons with the approaches used by the federal
5
government and by Illinois, Iowa, Michigan, and Minnesota to address that policy
6
problem.
AB993,4,10
7
2. An analysis and detailed quantification of the economic impact of the rules,
8
including the implementation and compliance costs that have been incurred by or
9
passed along to the businesses, local governmental units, and individuals that have
10
been affected by the rules.
AB993,4,13
11
3. An analysis of the actual and quantifiable benefits of the rules, including
12
an assessment of how effective the rules have been in addressing the policy problem
13
that the rules were intended to address.
AB993,4,15
14
4. An analysis of alternatives to the rules, including the alternative of
15
repealing the rules.
AB993,4,20
16
5. A determination made in consultation with the businesses, local
17
governmental units, and individuals that have been affected by the rules as to
18
whether the rules have adversely affected in a material way the economy, a sector of
19
the economy, productivity, jobs, or the overall economic competitiveness of this
20
state.
AB993,4,23
21
6. An analysis of the ways in which and the extent to which the rules have
22
placed limitations on the free use of private property, including a discussion of
23
alternatives to the rules that would minimize any such limitations.
AB993,5,2
24
7. A comparison of the actual economic effect of the rules being analyzed to
1
any economic impact analysis that analyzed the expected economic effect of those
2
rules when they were proposed.
AB993,5,7
3
(b) If an agency is proposing to readopt a chapter with changes as described in
4
s. 227.225 (2) (b), the economic impact analysis for the proposed rule shall also
5
include all of the analysis specified in sub. (3) (a) to (g), including the cost-estimate
6
under sub. (3) (b) 1. and the determination under sub. (3) (b) 2., with respect to the
7
proposed changes to the chapter.
AB993,7
8
Section

7
.
227.139 (1) of the statutes is renumbered 227.139 (1) (a) and
9
amended to read:
AB993,5,19
10
227.139
(1)
(a)
If

Subject to par. (b), if
an economic impact analysis prepared
11
under s. 227.137 (2), a revised economic impact analysis prepared under s. 227.137
12
(4), or an independent economic impact analysis prepared under s. 227.137 (4m) or
13
227.19 (5) (b) 3. indicates that $10,000,000 or more in implementation and
14
compliance costs are reasonably expected to be incurred by or passed along to
15
businesses, local governmental units, and individuals over any 2-year period as a
16
result of the proposed rule, the agency proposing the rule shall stop work on the
17
proposed rule and may not continue promulgating the proposed rule
18
notwithstanding any provision authorizing or requiring the agency to promulgate
19
the proposed rule, except as authorized under sub. (2).
AB993,8
20
Section

8
.
227.139 (1) (b) of the statutes is created to read:
AB993,6,2
21
227.139
(1)
(b) With respect to a proposed rule to readopt a chapter of the
22
administrative code under s. 227.225 (2), the costs that shall be counted for
23
purposes of par. (a) shall include only those costs attributable to changes to the
1
chapter as described under s. 227.137 (3c) (b) and shall not include the costs
2
described under s. 227.137 (3c) (a) 1. to 7.
AB993,9
3
Section

9
.
227.139 (3) of the statutes is renumbered 227.139 (3) (intro.) and
4
amended to read:
AB993,6,5
5
227.139
(3)
(intro.) This section does not apply to
rules

any of the following:
AB993,6,6
6
(a) Rules
promulgated under s. 227.24.
AB993,10
7
Section

10
.
227.139 (3) (b) of the statutes is created to read:
AB993,6,9
8
227.139
(3)
(b) Rules to readopt chapters of the administrative code under s.
9
227.225 (2) without changes.
AB993,11
10
Section
11
.
227.14 (6) (c) 1. (intro.) of the statutes is amended to read:
AB993,6,13
11
227.14
(6)
(c) 1. (intro.)
A

Except as provided in subd. 1m., a
proposed rule
12
shall be considered withdrawn on whichever of the following dates occurs first,
13
unless it is withdrawn sooner by the agency under par. (b):
AB993,12
14
Section
12
.
227.14 (6) (c) 1m. of the statutes is created to read:
AB993,6,18
15
227.14
(6)
(c) 1m. A proposed rule to readopt a chapter of the code under s.
16
227.225 (3) shall be considered withdrawn on the date that chapter expires under s.
17
227.225 (1) unless it has been filed with the legislative reference bureau under s.
18
227.20 (1) or withdrawn sooner by the agency under par. (b).
AB993,13
19
Section
13
.
227.15 (7) of the statutes is amended to read:
AB993,6,23
20
227.15
(7)

Rules procedures manual.
The legislative council staff and the
21
legislative reference bureau shall prepare a manual to provide agencies with
22
information on drafting, promulgation and legislative review of rules.
The manual
23
shall prescribe the format for readoption rules under s. 227.225 (2).
AB993,14
24
Section
14
.
227.225 of the statutes is created to read:
AB993,7,6
1
227.225

Expiration and readoption of rules.

(1)
(a) Each chapter of the
2
code expires on the January 1 of the 8th year after the year in which a rule creating,
3
repealing and recreating, or readopting that chapter of the code takes effect as
4
provided in s. 227.22, unless the rule provides for an earlier repeal date, or on the
5
January 1 of the 8th year after the year in which the chapter is readopted under
6
sub. (2).
AB993,7,10
7
(b) 1. Notwithstanding par. (a), a chapter of the code that was in effect on the
8
effective date of this subdivision .... [LRB inserts date], and that is not repealed and
9
recreated by a rule prior to January 1, 2036, shall expire in accordance with the
10
schedule established under subd. 2. unless it is repealed earlier.
AB993,7,18
11
2. The department of administration shall, in consultation with the affected
12
agencies and within one year after the effective date of this subdivision .... [LRB
13
inserts date], establish a schedule for the expiration of all chapters described under
14
subd. 1. The schedule may provide for the expiration of code chapters on any
15
January 1 beginning with January 1, 2028, and ending with January 1, 2036. The
16
department shall have the schedule published on the department’s website and
17
shall provide a copy of the schedule to each affected agency, to the legislative
18
reference bureau, and to the legislative council staff.
AB993,7,20
19
(c) A change made by the legislative reference bureau under s. 13.92 (4) (b)
20
does not affect a chapter’s expiration date under par. (a) or (b).
AB993,7,22
21
(d) This subsection does not apply to emergency rules promulgated under s.
22
227.24.

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