WILL Encourages Evers to Sign “Red Tape Reset”
The News: The Wisconsin Assembly voted in favor of several legislative initiatives supported by WILL to reign in the bureaucratic state, which has taken rulemaking and regulatory authority away from Wisconsin’s Legislative Branch.
As a result of their action, four key pieces of the WILL-backed Red Tape Reset will go to Governor Evers’ desk. Two other important provisions will be considered by the State Senate.
“Red Tape Reset” Legislative Package Heads to Governor’s Desk:
- AB 274/ SB 277 – Seven-Year Sunset of Administrative Rules: Requires every state regulation to be reviewed at least once every seven years. Agencies must demonstrate clear statutory authority and continued need. If they cannot, the rule automatically expires. This prevents outdated or unauthorized regulations from remaining on the books and restores meaningful legislative oversight.
- AB 275/ SB 276 – Fee Shifting for Unlawful Rules: Allows citizens who successfully challenge an unlawfully adopted rule to recover attorneys’ fees. This lowers barriers to public oversight and encourages agencies to remain within their legal authority.
- AB 276/ SB 275 – Strengthened Scope Statements: Requires one scope statement per rule and sets a 60-day expiration for emergency rule scope statements. This restores early notice, transparency, and legislative awareness while preventing agencies from stretching a single scope statement across multiple rulemakings.
- AB 277/ SB 289 – Regulatory Budgeting: Requires agencies proposing costly new rules to identify offsetting reductions by modifying or repealing existing rules. If they cannot, the new regulation cannot take effect without an affirmative vote of the Legislature. This ensures that expensive mandates receive direct review by elected officials.
Calling On the Governor to Act: WILL Policy Director, Kyle Koenen, stated, “Modernizing our regulatory system would unlock meaningful economic growth and help address the affordability challenges facing Wisconsinites. There’s no reason for the governor to oppose such commonsense and popular legislation.”
Additional Action by Wisconsin State Assembly:
- AJR 133/SJR 124 – A WILL-backed constitutional amendment that would restore legislative oversight over rulemaking. The proposed amendment would allow the Legislature to suspend any administrative rule, in whole or in part, through passage of a joint resolution by a majority of both legislative houses.
- AB 955/SB 940 – Repeals deferential language in Wis. Stat. § 227.11(2)(a) which currently grants broad authority to agencies to promulgate rules that the agency—not the Legislature—considers necessary, and replaces that current ill-advised language with statutory language that directs agencies to only promulgate rules that are explicitly and specifically authorized by the Legislature. This bill would ensure that agencies promulgate rules within the bounds established by the Legislature.
Our Take: WILL Policy Director, Kyle Koenen, stated, “Wisconsin’s Constitution is explicit. The Legislature writes laws; the executive branch enforces them. Unfortunately, over many decades, the Legislature has transferred broad policymaking authority to administrative agencies. As a result, unelected bureaucrats are tasked with writing rules that carry the full force of law, imposing steep costs on Wisconsin families and small businesses. To make matters worse, last summer the Wisconsin Supreme Court stripped the Legislature of its oversight capabilities. When the same branch can both write and enforce the law, our constitutional system breaks down. SJR 124 and SB 940 puts legislative power back where it belongs—in the hands of our elected legislators.”
Wisconsin Stands Out for The Wrong Reasons: Burdened by an outdated and bloated regulatory code, our state now ranks as the 13th most regulated in the nation—with over 165,000 restrictions on the books. That’s five times more than Idaho, the least regulated state.
This regulatory accumulation has real consequences: it drives up costs, stifles innovation, and limits job growth. Studies show excessive regulation can cut economic growth by up to 2 percentage points annually—slowing wages and raising prices. Small businesses, entrepreneurs, and low-income families bear the brunt. Red tape raises the cost of living and makes it harder to climb the economic ladder. See more in a report we released last year.
Other states like Indiana, Iowa, and Idaho are slashing unnecessary rules—and reaping the rewards in jobs, investment, and talent. Furthermore, some states—like Iowa, Idaho, and even New Jersey— have already enshrined legislative oversight into their state constitutions. Wisconsin must follow suit.
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