LRB-2830/2
GMM:mfd:arm
1997 - 1998 LEGISLATURE
April 11, 1997 - Introduced by Representatives Vrakas, Ourada, Wood, Huber,
Goetsch, Ladwig, Walker and Murat, cosponsored by Senators Moen,
Huelsman, Breske, C. Potter and Panzer. Referred to Committee on Criminal
Justice and Corrections.
AB268,1,4
1An Act to affect 1995 Wisconsin Act 352, Section
135 (1) and (2);
relating to:
2permitting the department of corrections to administer the juvenile
3correctional system under policies and procedures not promulgated as rules
4and providing an exemption from rule-making procedures.
Analysis by the Legislative Reference Bureau
Under current law, the department of corrections (DOC) is required to submit
to the legislative council staff proposed rules to administer the laws relating to
juvenile corrections by July l, 1997. Until that date, DOC must administer those
laws according to policies and procedures established by DOC, but not promulgated
as rules. This bill extends that deadline to January 1, 1998, and requires DOC to
administer those laws according to those policies and procedures until the date on
which those proposed rules are finally promulgated.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
AB268,2,57[
1995 Wisconsin Act 352] Section 135 (1)
Rule-making deadline. The
8department of corrections shall submit the proposed rules required under sections
1938.22 (2) (a), 938.357 (5) (g), 938.38 (6), 938.48 (13), 938.533 (2), 938.534 (2), 938.538
2(7) and 938.78 (3) of the statutes, as created by
1995 Wisconsin Act 77, section
3938.539 (6) of the statutes, as created by this act, and section 938.993 of the statutes,
4as affected by
1995 Wisconsin Act 77 to the legislative council staff for review under
5section 227.15 (1) of the statutes by no later than
July 1, 1997 January 1, 1998.
AB268,2,146
(2)
Rule-making exception. Before
July 1, 1997 the date on which the proposed
7rules submitted under subsection (1) are finally promulgated, the department of
8corrections shall administer section 301.02 of the statutes, section 301.03 (9) of the
9statutes, as affected by
1995 Wisconsin Act 77, section 301.03 (9r) of the statutes, as
10created by
1995 Wisconsin Act 77, section 301.03 (10) of the statutes, as affected by
111995 Wisconsin Acts 27 and
77, and chapter
938 of the statutes, as created by
1995
12Wisconsin Act 77, according to policies and procedures established by that
13department, but not promulgated as rules, notwithstanding the absence of rules to
14administer those sections and that chapter.
