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Bill

SB 289

Relating to: requirements for proposed administrative rules that impose any costs.

2025-2026 Regular Session Introduced by Julian Bradley and 8 co-sponsors

Wisconsin bill requiring state agencies to analyze and disclose costs of proposed administrative rules before implementation to increase regulatory transparency.

Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82
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Bill Summary · SB 289

Legislative bill overview

SB 289 establishes requirements for state administrative agencies to analyze and disclose the costs imposed by proposed rules before implementation. The bill mandates that agencies document economic impacts and potentially obtain approval or authorization before issuing rules that create compliance costs for businesses, individuals, or government entities.

Why is this important

Administrative rules—regulations created by government agencies rather than the legislature—affect Wisconsin residents and businesses daily, but often receive less public scrutiny than bills. This legislation aims to make the rulemaking process more transparent and create a mechanism to evaluate whether regulatory costs are justified, though it could also slow down agency responses to public health, safety, or environmental issues.

Potential points of contention

  • Cost of compliance analysis itself: Requiring detailed cost analyses may burden agencies and delay necessary regulations, particularly in areas like public health or environmental protection where urgent action is needed
  • Definition of "costs": Disagreement over what counts as an imposable cost (Does improved safety have offsetting benefits? How are indirect costs calculated?)
  • Regulatory authority vs. legislative control: Creates tension between executive agency discretion to regulate and legislative/executive oversight, potentially shifting power dynamics in Wisconsin governance
  • Small vs. large rules: Unclear whether all rules are subject to the same scrutiny or if thresholds apply, which could create inconsistent implementation

Compiled from official sources — confirm details with the bill’s official record.

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