LRB-1759/1
RPN:lmk:rs
2005 - 2006 LEGISLATURE
March 10, 2005 - Introduced by Representatives M. Williams, Davis, Lamb, Towns,
Krawczyk, Van Roy, Townsend, Gunderson, Hines, Albers, Petrowski,
Gronemus, Kestell, Jeskewitz, Suder, Nischke, Musser, Meyer, Owens, Vos
and Vrakas, cosponsored by Senators Leibham, Olsen, Reynolds, Kedzie and
Lazich. Referred to Committee on State Affairs.
AB182,1,2
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.
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:
AB182, s. 1
3Section
1. 227.24 (1) (c) of the statutes is amended to read:
AB182,2,3
1227.24
(1) (c) A rule promulgated under par. (a) takes effect upon publication
2in the official state newspaper or on any later date specified in the rule and, except
3as provided under sub. (2), remains in effect only for
150 90 days.
AB182, s. 2
4Section
2. 227.24 (2) (a) of the statutes is amended to read:
AB182,2,105
227.24
(2) (a) At the request of an agency, the joint committee for review of
6administrative rules may, at any time prior to the expiration date of a rule
7promulgated under sub. (1) (a), extend the effective period of the emergency rule or
8part of the emergency rule for a period specified by the committee not to exceed
60 990 days. Any number of extensions may be granted under this paragraph, but the
10total period for all extensions may not exceed
120
180 days.
AB182,2,1312
(1) This act first applies to emergency rules promulgated on the effective date
13of this subsection.
