LRB-0642/2
RPN:jld:pg
2003 - 2004 LEGISLATURE
March 6, 2003 - Introduced by Representatives Foti, Hines, M. Lehman,
Staskunas, Albers, Bies, J. Fitzgerald, Friske, Gunderson, Krawczyk,
Ladwig, F. Lasee, LeMahieu, McCormick, Montgomery, Musser, Nass, Olsen,
Owens, Petrowski and
Suder, cosponsored by Senators Reynolds, Welch,
Stepp, Kedzie and
Schultz. Referred to Committee on Government
Operations and Spending Limitations.
AB131,1,2
1An Act to amend 227.24 (1) (c) and 227.24 (2) (a) of the statutes;
relating to:
2the duration of the effect of emergency rules.
Analysis by the Legislative Reference Bureau
Under current law, an agency may promulgate a rule as an emergency rule
without complying with the notice, hearing, and publication requirements for
regular rule making if the rule is needed to preserve the public health, safety, or
welfare. A rule promulgated as an emergency rule takes effect upon its publication
in the official state newspaper and remains in effect for 150 days. Current law allows
the agency to request that the Joint Committee for Review of Administrative Rules
extend the effective date of the emergency rule for additional periods not to exceed
60 days each, but with a maximum of 120 days for all of the extensions. Currently,
a request for an extension of an emergency rule must be made at least 30 days before
the expiration date of the rule. An agency that issues an emergency rule must hold
a public hearing within 45 days after the date on which the rule is promulgated or,
if the agency submits a rule to the Legislative Council staff that is the same as the
emergency rule, the agency must hold a public hearing on both rules within 90 days
after promulgating the emergency rule or within 30 days after the date on which the
agency receives the report on the rule prepared by the Legislative Council, whichever
is later.
This bill reduces the initial effective period of an emergency rule from 150 days
to 90 days. The bill also increases the maximum time of any additional periods that
the Joint Committee for Review of Administrative Rules may extend the effective
date of the emergency rule from 60 to 90 days and increases the limit on the total
period of those extensions from 120 days to 180 days.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB131, s. 1
1Section
1. 227.24 (1) (c) of the statutes is amended to read:
AB131,2,42
227.24
(1) (c) A rule promulgated under par. (a) takes effect upon publication
3in the official state newspaper or on any later date specified in the rule and, except
4as provided under sub. (2), remains in effect only for
150 90 days.
AB131, s. 2
5Section
2. 227.24 (2) (a) of the statutes is amended to read:
AB131,2,116
227.24
(2) (a) At the request of an agency, the joint committee for review of
7administrative rules may, at any time prior to the expiration date of a rule
8promulgated under sub. (1) (a), extend the effective period of the emergency rule or
9part of the emergency rule for a period specified by the committee not to exceed
60 1090 days. Any number of extensions may be granted under this paragraph, but the
11total period for all extensions may not exceed
120
180 days.
AB131,2,1413
(1) This act first applies to emergency rules promulgated on the effective date
14of this subsection.
