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Bill > SB980


WI SB980

WI SB980
The expiration of administrative rules. (FE)


summary

Introduced
02/06/2026
In Committee
02/06/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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. administrative rules generally remain in effect indefinitely unless repealed or amended by the agency.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 LRB-6231/1 MED:cdc Once promulgated, 2025 - 2026 Legislature SENATE BILL 980 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.

AI Summary

This bill establishes an eight-year expiration date for each chapter of the Wisconsin Administrative Code, meaning that unless an agency formally readopts a chapter through a specific rule-making process, it will automatically expire. The Department of Administration will create a schedule for the expiration of existing chapters, and agencies will need to conduct detailed economic impact analyses when readopting chapters, especially if changes are proposed, focusing on the costs of those specific changes rather than the ongoing costs of the existing rules. Importantly, this bill modifies existing provisions that halt rule-making if costs exceed $10 million over two years, exempting rules that readopt chapters without changes and only counting the costs of proposed changes when readopting with modifications.

Committee Categories

Government Affairs

Sponsors (13)

Last Action

Fiscal estimate received (on 02/10/2026)

bill text


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