LRB-3715/2
JK:cjs:rs
2013 - 2014 LEGISLATURE
January 2, 2014 - Introduced by Representatives Stroebel, Hintz, Kahl, Kestell,
Spiros, Marklein, Kooyenga, Murphy, Vruwink, T. Larson, LeMahieu,
Loudenbeck, Berceau and Zepnick, cosponsored by Senator Schultz.
Referred to Committee on State and Local Finance.
AB593,1,6
1An Act to amend 13.92 (4) (c), 13.92 (4) (d), 13.92 (4) (e), 13.92 (4) (f), 35.93 (2)
2(b) 4., 35.93 (2) (c) 1., 35.93 (3), 35.93 (3) (e) (intro.), 35.93 (3) (e) 1., 227.01 (13)
3(intro.), 227.11 (2) (intro.) and 227.27 (2); and
to create 13.92 (4) (bm) and
4227.265 of the statutes;
relating to: rule-making procedures and repealing
5administrative rules relating to the estate tax and the county operating levy
6rate limit.
Analysis by the Legislative Reference Bureau
Rule-making procedures
Current law sets forth a procedure for the promulgation of administrative rules
(rules). Generally, that procedure consists of the following steps:
1. The agency planning to promulgate the rule prepares a statement of the
scope of the proposed rule, which the governor and the agency head must approve
before any state employee or official may perform any activity in connection with the
drafting of the proposed rule.
2. The agency drafts the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, and
submits those materials to the Legislative Council Staff for review.
3. Subject to certain exceptions, a public hearing is held on the proposed rule.
4. The final draft of the proposed rule is submitted to the governor for approval.
5. The final draft of the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, are
submitted to the legislature for review by one standing committee in each house and
by the Joint Committee for Review of Administrative Rules.
6. The proposed rule is filed with the Legislative Reference Bureau (LRB) for
publication in the Wisconsin Administrative Code (code) and the Wisconsin
Administrative Register (register), and, subject to certain exceptions, the rule
becomes effective on the first day of the first month beginning after publication.
Under this bill, if a bill that repeals or modifies a rule is enacted, the ordinary
rule-making procedures under current law do not apply. Instead, the LRB must
publish the repeal or modification, in the code and the register, and the repeal or
modification, subject to certain exceptions, takes effect on the first day of the first
month beginning after publication.
Administrative rules relating to the estate tax
Under current law, the state does not impose an estate tax. This bill repeals the
administrative rules that relate to the estate tax.
Administrative rules relating to the county operating levy rate limit
Under current law, the county operating levy rate limit does not apply to any
county levy that is imposed in December 2011 or any year thereafter.
This bill repeals the administrative rules that relate to the county operating
levy rate limit.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB593,1
1Section
1. 13.92 (4) (bm) of the statutes is created to read:
AB593,3,22
13.92
(4) (bm) If 2 or more rules filed under s. 227.20 or modified under s.
3227.265 affect the same unit of the Wisconsin administrative code without taking
4cognizance of the effect thereon of the other rules and if the legislative reference
5bureau finds that there is no mutual inconsistency in the changes made by each such
6rule, the legislative reference bureau shall incorporate the changes made by each
7rule into the text of the unit and document the incorporation in a note to the unit.
8For each such incorporation, the legislative reference bureau shall include in a
9correction bill a provision formally validating the incorporation. Section 227.27 (2)
1is not affected by printing decisions made by the legislative reference bureau under
2this paragraph.
AB593,2
3Section
2. 13.92 (4) (c) of the statutes is amended to read:
AB593,3,54
13.92
(4) (c) The legislative reference bureau may insert in the Wisconsin
5administrative code a note explaining any change made under par. (b)
or (bm).
AB593,3
6Section
3. 13.92 (4) (d) of the statutes is amended to read:
AB593,3,87
13.92
(4) (d) Sections 227.114, 227.116, 227.135
, and 227.14 to 227.24 do not
8apply to any change made by the legislative reference bureau under par. (b)
or (bm).
AB593,4
9Section
4. 13.92 (4) (e) of the statutes is amended to read:
AB593,3,1110
13.92
(4) (e) The legislative reference bureau shall prepare and keep on file a
11record of each change made under par. (b)
or (bm).
AB593,5
12Section
5. 13.92 (4) (f) of the statutes is amended to read:
AB593,3,1413
13.92
(4) (f) The legislative reference bureau shall notify the agency involved
14of each change made under par. (b)
or (bm).
AB593,3,1917
35.93
(2) (b) 4. Copies of all rules filed with the legislative reference bureau
18under s. 227.20 (1)
or modified under s. 227.265 since the compilation of the
19preceding register, including emergency rules filed under s. 227.24 (3).
AB593,3,2422
35.93
(2) (c) 1. Each chapter of the Wisconsin administrative code that has been
23affected by rules filed with legislative reference bureau under s. 227.20 (1)
or
24modified under s. 227.265, in accordance with sub. (3) (e) 1.
AB593,8
25Section
8. 35.93 (3) of the statutes is amended to read:
AB593,4,14
135.93
(3) The legislative reference bureau shall compile and deliver to the
2department for printing copy for a register which shall contain all the rules filed
3under s. 227.20 or modified under s. 227.265 since the compilation of rules for the
4preceding issue of the register was made and those executive orders which are to be
5in effect for more than 90 days or an informative summary thereof. The complete
6register shall be compiled and published before the first day of each month and a
7notice section of the register shall be compiled and published before the 15th day of
8each month. Each issue of the register shall contain a title page with the name
9"Wisconsin administrative register", the number and date of the register, and a table
10of contents. Each page of the register shall also contain the date and number of the
11register of which it is a part in addition to the other necessary code titles and page
12numbers. The legislative reference bureau may include in the register such
13instructions or information as in the bureau's judgment will help the user to correctly
14make insertions and deletions in the code and to keep the code current.
AB593,4,2117
35.93
(3) (e) (intro.) The legislative reference bureau shall incorporate into the
18appropriate chapters of the Wisconsin administrative code each permanent rule filed
19with the legislative reference bureau under s. 227.20 (1)
or modified under s. 227.265 20and, for each chapter of the administrative code affected by a rule, do all of the
21following:
AB593,5,424
35.93
(3) (e) 1. Publish the chapter in the appropriate end-of-month register
25in accordance with the filing deadline for publication established in the rules
1procedures manual published under s. 227.15 (7)
or
, in an end-of-month register
2agreed to by the submitting agency and the legislative reference bureau
, or, in the
3case of a rule modified under s. 227.265, in the end-of-month register for the month
4in which the bill modifying the rule is enacted.
AB593,11
5Section
11. 227.01 (13) (intro.) of the statutes is amended to read:
AB593,5,126
227.01
(13) (intro.) "Rule" means a regulation, standard, statement of policy
, 7or general order of general application which has the effect of law and which is issued
8by an agency to implement, interpret
, or make specific legislation enforced or
9administered by the agency or to govern the organization or procedure of the agency.
10"Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and
11s. 227.10 does not apply to, any action or inaction of an agency, whether it would
12otherwise meet the definition under this subsection, which:
AB593,12
13Section
12. 227.11 (2) (intro.) of the statutes is amended to read:
AB593,5,1514
227.11
(2) (intro.) Rule-making authority is expressly conferred
on an agency 15as follows:
AB593,13
16Section
13. 227.265 of the statutes is created to read:
AB593,5,21
17227.265 Repeal or modification of rules. If a bill to repeal or modify a rule
18is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply.
19Instead, the legislative reference bureau shall publish the repeal or modification in
20the Wisconsin administrative code and register as required under s. 35.93, and the
21repeal or modification shall take effect as provided in s. 227.22.
AB593,14
22Section
14. 227.27 (2) of the statutes is amended to read:
AB593,6,323
227.27
(2) The code shall be prima facie evidence in all courts and proceedings
24as provided by s. 889.01, but this does not preclude reference to or, in case of a
25discrepancy, control over a rule filed with the legislative reference bureau
or the
1secretary of state under s. 227.20 or modified under s. 227.265, and the certified copy
2of a rule shall also and in the same degree be prima facie evidence in all courts and
3proceedings.
AB593,15
4Section
15. Chapter Tax 10 of the administrative code is repealed.