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SB979: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6232/1
MED:klm&cjs
2025 SENATE BILL 979
February 6, 2026 - Introduced by Senator
Jacque
, cosponsored by Representatives
Hurd
,
B. Jacobson
,
Armstrong
,
Behnke
,
Brooks
,
Green
,
Gundrum
,
Kaufert
,
Knodl
,
Kreibich
,
Moses
,
Murphy
,
Neylon
,
O'Connor
,
Penterman
,
Sortwell
,
Spiros
,
Tucker
,
Tusler
,
VanderMeer
and
Wichgers
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB979,1,3
1
An Act
to amend
227.137 (3) (b) 2., 227.139 (1), 227.139 (2) (b) and 227.40 (4)
2
(a);
to create
227.11 (5) of the statutes;
relating to:
requirements for
3
proposed administrative rules that impose costs.
Analysis by the Legislative Reference Bureau
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.
This bill lowers the threshold for these provisions from $10,000,000 to $4,000,000. The bill also specifically prohibits an agency from promulgating multiple or separate rules in order to avoid the prohibition described above.
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:
SB979,1
4
Section
1
.
227.11 (5) of the statutes is created to read:
SB979,2,2
1
227.11
(5)
An agency may not avoid the prohibition under s. 227.139 (1) by
2
doing any of the following:
SB979,2,5
3
(a) Promulgating multiple rules that impose or otherwise result in the same
4
or similar standards, requirements, or thresholds, if those multiple rules could have
5
been promulgated as a single rule.
SB979,2,8
6
(b) Promulgating separate, serial rules or separate, interdependent rules, if
7
those separate rules are related to the same subject and could have been
8
promulgated as a single rule.
SB979,2
9
Section
2
.
227.137 (3) (b) 2. of the statutes is amended to read:
SB979,2,14
10
227.137
(3)
(b) 2. A determination, for purposes of the requirement under s.
11
227.139, as to whether
$10,000,000
$4,000,000
or more in implementation and
12
compliance costs are reasonably expected to be incurred by or passed along to
13
businesses, local governmental units, and individuals over any 2-year period as a
14
result of the proposed rule.
SB979,3
15
Section
3
.
227.139 (1) of the statutes is amended to read:
SB979,3,2
16
227.139
(1)
If an economic impact analysis prepared under s. 227.137 (2), a
17
revised economic impact analysis prepared under s. 227.137 (4), or an independent
18
economic impact analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3.
19
indicates that
$10,000,000
$4,000,000
or more in implementation and compliance
20
costs are reasonably expected to be incurred by or passed along to businesses, local
21
governmental units, and individuals over any 2-year period as a result of the
22
proposed rule, the agency proposing the rule shall stop work on the proposed rule
23
and may not continue promulgating the proposed rule notwithstanding any
1
provision authorizing or requiring the agency to promulgate the proposed rule,
2
except as authorized under sub. (2).
SB979,4
3
Section
4
.
227.139 (2) (b) of the statutes is amended to read:
SB979,3,16
4
227.139
(2)
(b) If an agency is prohibited from promulgating a rule under sub.
5
(1), the agency may modify the proposed rule, if the modification is germane to the
6
subject matter of the proposed rule, to address the implementation and compliance
7
costs of the proposed rule. If the agency modifies a proposed rule under this
8
paragraph, the agency shall prepare a revised economic impact analysis under s.
9
227.137 (4). Following the modification, the agency may continue with the rule-
10
making process as provided in this subchapter if the revised economic impact
11
analysis prepared by the agency indicates, and any independent economic impact
12
analysis prepared under s. 227.137 (4m) or 227.19 (5) (b) 3. subsequent to the
13
agency’s modification also indicates, that
$10,000,000
$4,000,000
or more in
14
implementation and compliance costs are not reasonably expected to be incurred by
15
or passed along to businesses, local governmental units, and individuals over any 2-
16
year period as a result of the proposed rule.
SB979,5
17
Section
5
.
227.40 (4) (a) of the statutes is amended to read:
SB979,3,23
18
227.40
(4)
(a) In any proceeding pursuant to this section for judicial review of
19
a rule or guidance document, the court shall declare the rule or guidance document
20
invalid if it finds that it violates constitutional provisions or exceeds the statutory
21
authority of the agency
or
,
was promulgated or adopted without compliance with
22
statutory rule-making or adoption procedures
, or was promulgated in violation of s.
23
227.11 (5)
.
SB979,6
24
Section
6
. Initial applicability.
SB979,4,2
1
(
1
)
This act first applies to a proposed rule whose statement of scope is
2
presented for approval under s. 227.135 (2) on the effective date of this subsection.
SB979,4,3
3
(end)
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