2013 - 2014 LEGISLATURE
February 5, 2014 - Introduced by Representatives Genrich, Swearingen, Bewley,
Hulsey, Kahl, Kleefisch, Knodl, Krug, Mason, Milroy, Murtha, Ohnstad,
Bernard Schaber, Thiesfeldt, Wright and Zamarripa, cosponsored by
Senators Gudex, Hansen, Lehman, Shilling and L. Taylor. Referred to
Committee on Natural Resources and Sporting Heritage.
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 4
227.265 of the statutes; relating to: rule-making procedures and modifying
5and repealing various rules promulgated by the Department of Natural
Analysis by the Legislative Reference Bureau
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.
Under current law, the Department of Natural Resources (DNR) designates a
system of state trails as part of the state park system. Under DNR's current rules,
with certain exceptions, no person may enter or be within the boundaries of any state
park between the hours of 11:00 p.m. and the following 6:00 a.m. The bill amends
DNR rules to exempt users of state trails from these nighttime closing hours, but
allows DNR discretion to close a state trail or portion of a state trail at night by
posting notice of closing hours.
Current law requires, with certain exceptions, that state parks be open to
hunting, fishing, and trapping by persons who hold the appropriate hunting, fishing,
or trapping license, permit, or other approval. Under current DNR rules, one
exception to state park closing hours is for hunters who enter the land no earlier than
one hour before the opening of hunting hours on that land. This bill amends DNR
rules to add a similar exception for trappers entering land no earlier than one hour
prior to the opening of trapping hours on the land. If there are no established hunting
hours on the land, the bill amends DNR rules to allow hunters to enter no earlier than
one hour prior to sunrise.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.92 (4) (bm) of the statutes is created to read:
(bm) If 2 or more rules filed under s. 227.20 or modified under s. 3
227.265 affect the same unit of the Wisconsin administrative code without taking 4
cognizance of the effect thereon of the other rules and if the legislative reference 5
bureau finds that there is no mutual inconsistency in the changes made by each such 6
rule, the legislative reference bureau shall incorporate the changes made by each
rule into the text of the unit and document the incorporation in a note to the unit. 2
For each such incorporation, the legislative reference bureau shall include in a 3
correction bill a provision formally validating the incorporation. Section 227.27 (2) 4
is not affected by printing decisions made by the legislative reference bureau under 5
13.92 (4) (c) of the statutes is amended to read:
(c) The legislative reference bureau may insert in the Wisconsin 8
administrative code a note explaining any change made under par. (b)
13.92 (4) (d) of the statutes is amended to read:
(d) Sections 227.114, 227.116, 227.135,
and 227.14 to 227.24 do not 11
apply to any change made by the legislative reference bureau under par. (b) or (bm)
13.92 (4) (e) of the statutes is amended to read:
(e) The legislative reference bureau shall prepare and keep on file a 14
record of each change made under par. (b) or (bm)
13.92 (4) (f) of the statutes is amended to read:
(f) The legislative reference bureau shall notify the agency involved 17
of each change made under par. (b) or (bm)
(b) 4. Copies of all rules filed with the legislative reference bureau 21
under s. 227.20 (1) or modified under s. 227.265
since the compilation of the 22
preceding register, including emergency rules filed under s. 227.24 (3).
(c) 1. Each chapter of the Wisconsin administrative code that has been 2
affected by rules filed with legislative reference bureau under s. 227.20 (1) or
3modified under s. 227.265
, in accordance with sub. (3) (e) 1.
35.93 (3) of the statutes is amended to read:
The legislative reference bureau shall compile and deliver to the 6
department for printing copy for a register which shall contain all the rules filed 7under s. 227.20 or modified under s. 227.265
since the compilation of rules for the 8
preceding issue of the register was made and those executive orders which are to be 9
in effect for more than 90 days or an informative summary thereof. The complete 10
register shall be compiled and published before the first day of each month and a 11
notice section of the register shall be compiled and published before the 15th day of 12
each month. Each issue of the register shall contain a title page with the name 13
"Wisconsin administrative register", the number and date of the register, and a table 14
of contents. Each page of the register shall also contain the date and number of the 15
register of which it is a part in addition to the other necessary code titles and page 16
numbers. The legislative reference bureau may include in the register such 17
instructions or information as in the bureau's judgment will help the user to correctly 18
make insertions and deletions in the code and to keep the code current.
(e) (intro.) The legislative reference bureau shall incorporate into the 22
appropriate chapters of the Wisconsin administrative code each permanent rule filed 23
with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265 24
and, for each chapter of the administrative code affected by a rule, do all of the 25
(e) 1. Publish the chapter in the appropriate end-of-month register 4
in accordance with the filing deadline for publication established in the rules 5
procedures manual published under s. 227.15 (7) or,
in an end-of-month register 6
agreed to by the submitting agency and the legislative reference bureau
, or, in the
7case of a rule modified under s. 227.265, in the end-of-month register for the month
8in which the bill modifying the rule is enacted
227.01 (13) (intro.) of the statutes is amended to read:
(intro.) "Rule" means a regulation, standard, statement of policy, 11
or general order of general application which has the effect of law and which is issued 12
by an agency to implement, interpret,
or make specific legislation enforced or 13
administered by the agency or to govern the organization or procedure of the agency. 14"Rule" includes a modification of a rule under s. 227.265.
"Rule" does not include, and 15
s. 227.10 does not apply to, any action or inaction of an agency, whether it would 16
otherwise meet the definition under this subsection, which:
227.11 (2) (intro.) of the statutes is amended to read:
(intro.) Rule-making authority is expressly conferred on an agency 19
227.265 of the statutes is created to read:
21227.265 Repeal or modification of rules.
If a bill to repeal or modify a rule 22
is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply. 23
Instead, the legislative reference bureau shall publish the repeal or modification in 24
the Wisconsin administrative code and register as required under s. 35.93, and the 25
repeal or modification shall take effect as provided in s. 227.22.
227.27 (2) of the statutes is amended to read:
The code shall be prima facie evidence in all courts and proceedings 3
as provided by s. 889.01, but this does not preclude reference to or, in case of a 4
discrepancy, control over a rule filed with the legislative reference bureau or the
5secretary of state under s. 227.20 or modified under s. 227.265
, and the certified copy 6
of a rule shall also and in the same degree be prima facie evidence in all courts and 7
NR 45.04 (2) (a) 2. of the administrative code is amended to read:
NR 45.04 (2) (a) 2. Hunters or trappers
entering department lands with
10established during an open
hunting seasons or trapping season on the land
, provided 11
the entry is no earlier than one hour prior to the opening of hunting
established in s. NR 10.24 ch. NR 10. If the department has not established hunting
13hours on the land, hunters may enter the land no earlier than one hour prior to
NR 45.04 (2) (a) 3. of the administrative code is repealed.
NR 45.04 (2) (a) 5. of the administrative code is created to read:
NR 45.04 (2) (a) 5. Users of state trails, except during hours of closure as posted 18
by the department or by an entity operating a state trail under a written agreement 19
with the department.
This act takes effect on the day after publication, 21
except as follows:
The treatment of section 35.93 (2) (b) 4. and (c) 1. and (3) (e) (intro.) and 1. 23
of the statutes takes effect on January 1, 2015.