Wisconsin Assembly approves eliminating race-based UW programs, rulemaking restrictions

Assembly chambers. (Baylor Spears | Wisconsin Examiner)
The Wisconsin Assembly advanced proposals that would restrict executive rulemaking powers and eliminate “race-based” programs in higher education Thursday.
Wisconsin Republicans have been looking for ways to limit agencies’ administrative rulemaking abilities and exercise additional control over the process in the aftermath of several state Supreme Court rulings.
One of those rulings, the Evers v. Marklein II decision issued on July 8, 2025, found unconstitutional statutes that allowed the 10-member Joint Committee on the Review of Administrative Rules’ to review and suspend administrative rules.
AJR 133 would allow state lawmakers to suspend indefinitely or temporarily administrative rules that are promulgated by state agencies with a vote of the full Senate and Assembly. The proposal passed 52-45 along party lines.
“No body of our state government is more accountable to the people of our state than the Legislature, and these bills will restore our ability to represent our constituents and provide them with the regulatory accountability and predictability they need to prosper,” Rep. Brent Jacobson (R-Mosinee) said during the floor debate.
Constitutional amendment proposals must pass two consecutive sessions of the Legislature and be approved by a majority of voters before becoming law. This is the proposal’s first consideration. It still needs to pass the Senate to advance to a second consideration.
The Assembly also concurred in four bills related to administrative rulemaking that were part of a package titled the “red tape reset,” which was introduced in May with the support of the conservative legal group Wisconsin Institute for Law and Liberty (WILL).
One bill SB 277 would have all administrative rules sunset after seven years unless a rule is adopted again through an agency process. The Assembly amended the bill, so it will go back to the Senate.
Three of the bills will now go to Evers for consideration. Those include SB 276, which would allow those who have challenged the validity of an administrative rule to receive attorney fees and costs if a court declares a rule invalid; SB 275, which would limit the use of scope statements to one proposed rule; and SB 289, which would require agencies to make cuts to offset the cost associated with new regulations.
The constitutional amendment as well as several other bills are the result of a task force organized by Assembly Speaker Robin Vos (R-Rochester) and chaired by Jacobson.
AB 910, which passed on a voice vote, would establish a process to review fees every 6 years.
AB 955, which passed on a voice vote, would repeal the current language in state law that allows agencies to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if it is necessary to enforce the statute. The bill would replace the language, prohibiting agencies from promulgating rules interpreting the provisions of any statute without explicit and specific statutory authority.
AB 994, which passed on a voice vote, would restrict agencies from promulgating rules if they are delinquent in complying with the reporting requirement and expand the process for repealing certain rules.
AB 995, which passed on a voice vote, would change the default effective date for permanent administrative rules to the first day of the seventh month after the date of final publication.
Democratic lawmakers sought to get votes on the floor on several issues, introducing an array of amendments to Republican bills. Some of those included protecting access to contraception and abortion in Wisconsin, requiring former lawmakers to be at least a year out of the Legislature before they can become lobbyists and clarifying the residency requirements for lawmakers. However, none received votes as Republicans took procedural steps to avoid bringing them up.
“These are going to keep coming forward,” Rep. Lisa Subeck (D-Madison) warned her Republican colleagues as she criticized them for not voting on the bills. “Democrats aren’t giving up on fighting for our constituents, whether we’re talking about the government, whether we’re talking about reproductive freedom or frankly, whether we’re talking about things that would reduce the cost of living for folks in the state. The Republicans time and time again, refused to take a vote.”
The Assembly also approved several bills that will now head to Evers’ desk.
The Assembly passed SB 652 which seeks to eliminate “race-based” programs offered through the state’s higher education system, including the minority teacher loan program and minority undergraduate grants. Under the bill, it would instead require the programs to focus on “disadvantaged” students, meaning those who have “experienced any unfavorable economic, familial, geographic, physical or other personal hardship.” It passed 53-45 along party lines and will now go to Evers for consideration.
SB 498, which passed, would place a number of restrictions in state statute that Republican lawmakers argue would help protect free speech. Those include barring UW institutions from restricting speech from a speaker, creating “free speech” zones, charging security fees as a part of a permit application and sanctioning people for discriminatory harassment unless the speech “targets its victim on the basis of a protected class under law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits.”
SB 405, which would create a civil cause of action against health care providers who perform gender transition procedures on someone under the age of 18 if the patient claims to be injured, passed along party lines. It will now go to Evers, who is likely to veto it.
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