Wisconsin Republican lawmakers are introducing a bill package to review every statewide administrative rule and impose new limits on the rulemaking process. The four GOP sponsored bills aim to exert more control over the administrative process and to limit the authority of state agencies and the governor.

AB277/SB289 would require agencies to make cuts to offset the cost associated with new regulations. For example, agencies with a new rule proposal would have to stop work on the process until they’ve figured out how to eliminate the cost of new regulation and/or until a different rule reduces the costs to businesses, local government, and individuals.

AB274/SB277 would put a seven-year expiration date on every administrative rule. Currently administrative rules are in effect indefinitely until repealed or amended by the Joint Committee for Review of Administrative Rules (JCRAR). This bill would require an agency to send notice to the JCRAR a year before a rule is set to expire.  If there is an objection by a lawmaker at this time, then the rule would expire unless the agency decides to go through the rule making process again.

AB276/SB275 would limit Scope statements (which are the first step in creating a new rule) to be used on only one specific proposed rule—they couldn’t be reused for multiple rules. Additionally, if a scope statement is being used to create an emergency rule, it would expire after six months.

AB275/SB276 would reward people who challenge the validity of an administrative rule in court. If a court declares the rule invalid attorney fees and costs would be covered.

Senate Minority Leader Dianne Hesselbein (D-Middleton) spoke in strong opposition of the bill package saying: “The bills would, among other things, undermine the fundamental democratic principle of separation of powers. They are unnecessary, anti-democratic, and wholly wrong for Wisconsin.”

Republicans hold Majority in the Senate and Assembly and could pass the bills without any support from Democratic lawmakers. However, it’s unlikely that Gov. Tony Evers would support the bills becoming law.