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WI SB275

Statements of scope for administrative rules. (FE)


summary

Introduced
05/21/2025
In Committee
05/21/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under current law, in order to promulgate a rule, an agency must submit a statement of scope for the proposed rule for review by the Department of Administration and approval by the governor. Once the governor approves the statement, the agency must send the approved statement of scope to the Legislative Reference Bureau for publication in the Wisconsin Administrative Register before continuing with the rule promulgation process. A statement of scope expires after 30 months, after which the agency may not promulgate any rule based on that statement of scope that has not been submitted for legislative review by the expiration date. This bill does the following: 1. Limits an agency to promulgating either a permanent or an emergency rule for a given statement of scope and requires the agency to specify in a statement of scope whether it is for a proposed emergency rule or for a proposed permanent rule. 2. Limits an agency to promulgating one permanent rule or one emergency rule per statement of scope. 3. Provides that a statement of scope for an emergency rule expires after six months and provides that when a statement of scope for an emergency rule expires, LRB-2515/1 MED:cjs 2025 - 2026 Legislature SENATE BILL 275 an agency may not promulgate an emergency rule based upon that statement of scope. The bill retains the 30-month expiration under current law with respect to statements of scope for proposed permanent rules. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill modifies the administrative rule-making process in Wisconsin by introducing several key changes to how state agencies develop and implement rules. Currently, agencies must submit a statement of scope for proposed rules to the Department of Administration and the governor for approval, with a typical 30-month expiration period. The bill now requires agencies to specify whether a statement of scope is for a proposed emergency or permanent rule, and limits agencies to creating only one permanent rule or one emergency rule per statement of scope. For permanent rules, the existing 30-month expiration period remains unchanged, but for emergency rules, the bill introduces a new six-month expiration window. If an agency fails to promulgate a rule within the specified timeframe, the statement of scope becomes invalid, and the agency cannot proceed with rule-making based on that specific scope. The bill also clarifies that if an agency wants to create both an emergency and a permanent rule on the same topic, they must prepare separate statements of scope. These changes aim to provide more clarity and structure to the administrative rule-making process, potentially reducing bureaucratic complexity and ensuring more focused and timely rule development.

Committee Categories

Government Affairs

Sponsors (36)

Last Action

Fiscal estimate received (on 06/25/2025)

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