SB 275

Under current law, in order to promulgate a rule, an agency must submit a statement of scope for the proposed rule for review by the Department of Administration and approval by the governor. Once the governor approves the statement, the agency must send the approved statement of scope to the Legislative Reference Bureau for publication in the Wisconsin Administrative Register before continuing with the rule promulgation process. A statement of scope expires after 30 months, after which the agency may not promulgate any rule based on that statement of scope that has not been submitted for legislative review by the expiration date. This bill does the following:

1. Limits an agency to promulgating either a permanent or an emergency rule for a given statement of scope and requires the agency to specify in a statement of scope whether it is for a proposed emergency rule or for a proposed permanent rule.

2. Limits an agency to promulgating one permanent rule or one emergency rule per statement of scope.

3. Provides that a statement of scope for an emergency rule expires after six months and provides that when a statement of scope for an emergency rule expires, an agency may not promulgate an emergency rule based upon that statement of scope. The bill retains the 30-month expiration under current law with respect to statements of scope for proposed permanent rules.