WisconsinWisconsin code chapters would expire unless agencies seek readoption
The failed measure proposed that Wisconsin agencies keep code chapters in place by seeking readoption before the chapters expire.
What it does
Wisconsin code chapters would expire on January 1 of the seventh year after they take effect or are readopted, unless they have an earlier repeal date. A committee would set dates for many existing chapters.
An agency could seek to keep an unchanged code chapter in place by sending lawmakers a notice before it expires. Staff would check the notice, and committees could review it.
An agency could use rulemaking to readopt a chapter, but changes could not add costs, produce a positive cost estimate, or create stricter rules. A review committee could grant limited extensions.
Argument forRegular review could help lawmakers and the public spot outdated rules, check agencies’ legal authority, and remove expired chapters from the code.
Argument againstAgencies could lose rules people rely on if they miss the readoption steps or deadlines, even when those rules have not been replaced.
More detail
Each code chapter would expire on January 1 of the seventh year after the year it takes effect or is readopted, unless it has an earlier repeal date. The provisions cover chapters of the Wisconsin administrative code, including chapters already in effect when this provision takes effect. Emergency rules are excluded. Many chapters already in effect would follow a schedule set by the rules review committee if they are not repealed and recreated before January 1, 2035. The seven-year period is measured from the year a chapter takes effect or is readopted. The committee’s schedule would set expiration dates from January 1, 2028, through January 1, 2035.
An agency could seek to readopt an unchanged chapter by filing a notice for legislative review. An agency could submit a notice for only one expiring code chapter at a time. The notice would need to explain the chapter’s purpose and legal authority, affirm that it remains compliant and needs no revision, confirm that it is identical to the current code, and describe overlap with federal rules. Legislative Council staff would check the notice. If it meets the requirements within the review period, the chapter would be readopted without further action; committees could hold a hearing or ask the agency to meet. The agency could submit the notice from January 1 through March 1 of the year before the chapter expires. Committees would have 40 days to review it.
If it does not use the notice process, an agency could seek to readopt a chapter through rulemaking. This rulemaking path would apply when an agency does not readopt a chapter through the notice process. The agency could propose changes only if they would not add costs for affected businesses, local governments, or individuals; produce a positive cost estimate; or create a new or stricter standard. The rules review committee could grant an extension of up to one year before the chapter expires. It could grant a second extension of up to one year only for chapters covering permits or approvals, or needed for federal compliance. No extension is allowed for a rulemaking readoption that changes the chapter or makes it differ from the current code. The committee would need to grant an extension before the chapter expires. Each extension could last up to one year.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 13Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82Latest
- May 12Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- Mar 20Report vetoed by the Governor Tony Evers on 3-20-2026Major
- Mar 18Presented to the Governor on 3-18-2026To Governor
- Feb 24Report correctly enrolledMinor
- Feb 18Action ordered immediately messaged
- Feb 18Assembly Substitute Amendment 3 concurred in
- Feb 17Placed on calendar 2-18-2026 pursuant to Senate Rule 18(1)
- Feb 13Received from Assembly amended and concurred in as amended, Assembly Substitute Amendment 3 adoptedMajor
- Feb 12Ordered immediately messaged
- Vote recorded CONCURRENCE AS AMENDED. Result: pass.Lower
- Feb 12Read a third time and concurred in as amended, Ayes 53, Noes 45Passed House
- Feb 12Rules suspended
- Feb 12Ordered to a third readingMinor
- Feb 12Assembly Substitute Amendment 3 adoptedMajor
- Feb 12Assembly Substitute Amendment 3 offered by Representative NeylonMinor
- Feb 12Read a second timeMinor
- Feb 12Rules suspended to withdraw from Senate message and take up
- Feb 12Read
- Feb 12Received from SenateMinor
- Feb 12Assembly Substitute Amendment 2 offered by Representative SubeckMinor
- Feb 12Assembly Substitute Amendment 1 offered by Representative SubeckMinor
- Feb 11Ordered immediately messaged
- Vote recorded PASSAGE. Result: pass.Upper
- Feb 11Read a third time and passed, Ayes 18, Noes 15Passed Senate
- Feb 11Rules suspended to give bill its third reading
- Feb 11Ordered to a third readingMinor
- Feb 11Senate Substitute Amendment 1 adoptedMajor
- Feb 11Read a second timeMinor
- Feb 9Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)
- Jan 6Fiscal estimate receivedMinor
- 2025
- Nov 25Fiscal estimate receivedMinor
- Nov 7Available for scheduling
- Vote recorded Report adoption of Senate Substitute Amendment 1 recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2. Result: pass.Upper
- Vote recorded Report passage as amended recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2. Result: pass.Upper
- Nov 7Report passage as amended recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2Minor
- Nov 7Report adoption of Senate Substitute Amendment 1 recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2Major
- Nov 7Executive action taken
- Nov 3Senate Substitute Amendment 1 offered by Senator NassMinor
- Oct 15Representative Allen added as a cosponsor
- Oct 9Representative Steffen added as a cosponsor
- Oct 9Public hearing held
- Aug 15Fiscal estimate receivedMinor
- Jun 30Fiscal estimate receivedMinor
- Jun 23Fiscal estimate receivedMinor
- Jun 20Fiscal estimate receivedMinor
- Jun 18Fiscal estimate receivedMinor
- Jun 10Fiscal estimate receivedMinor
- Jun 5Fiscal estimate receivedMinor
- Jun 4Fiscal estimate receivedMinor
- Jun 4Fiscal estimate receivedMinor
- Jun 3Fiscal estimate receivedMinor
- May 21Read first time and referred to Committee on Licensing, Regulatory Reform, State and Federal AffairsMinor
- May 21Introduced by Senators Nass, Bradley, Quinn, Kapenga, Tomczyk, Hutton, Stafsholt, Cabral-Guevara and Feyen; cosponsored by Representatives Neylon, Tusler, Armstrong, Behnke, Brooks, Callahan, Dallman, Dittrich, Donovan, Duchow, Goeben, Green, Gustafson, B. Jacobson, Knodl, Kreibich, Maxey, Melotik, Moses, Murphy, Mursau, Nedweski, O'Connor, Piwowarczyk, Rodriguez, Sortwell, Tittl, Tranel, Wichgers and WittkeIntroduced
Government & Ethics