MADISON – During Thursday’s Assembly floor session, Representative Karen Hurd (R-Withee) voted in favor of a package of legislation based on the recommendations of the Speaker’s Task Force on Rulemaking. This task force was charged with identifying rulemaking authority to be repealed by legislation and proposing draft legislation to strengthen legislative oversight of agency rulemaking. Included in this package are Assembly Bill (AB) 994 and AB 995, authored by Rep. Hurd.
“In their ruling in Evers v. Marklein (Marklein II) last year, the liberal majority on the Wisconsin Supreme Court upended decades of precedent when they held that the Legislature may not nullify or delay an administrative rule,” said Rep. Hurd. “This ruling gutted legislative oversight of our state’s agencies, which creates a clear separation of powers issue. That is why I asked to serve on the Speaker’s Task Force on Rulemaking, which was charged with finding reforms for the rulemaking process.”
AB 994 updates state agencies’ biennial reporting requirements on administrative rules. It prohibits agencies from adopting new rules if they are delinquent in meeting those reporting requirements. The bill also expands access to an expedited alternative rulemaking process to repeal certain rules.
AB 995 modifies rule timelines by setting the default effective date for permanent administrative rules as the first day of the seventh month after publication. These changes would provide more time for public feedback and allow the Legislature to consider legislative alternatives to permanent rules prior to them going into effect. The bill also extends the initial effective period for emergency rules from 150 days to 180 days, enabling an agency to react appropriately in situations where the need for rulemaking rises to the level of a true emergency.
“During our public hearings around the state, those of us on the task force heard from many Wisconsinites who were concerned about the loss of the Legislature’s oversight ability,” said Rep. Hurd. “They did not see this as a partisan issue, but as a separation of powers issue. As administrative rules have the force of law, it is essential that the Legislature has a role in the rulemaking process.”
The Assembly also passed Assembly Joint Resolution 133, which is the first consideration of a constitutional amendment that would restore legislative oversight of the rulemaking process. All of these proposals now move to the State Senate for their consideration.
