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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.
AB730,1,6 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 modifying
5and repealing various rules promulgated by the Department of Natural
6Resources.
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.
Closing hours
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:
AB730,1 1Section 1. 13.92 (4) (bm) of the statutes is created to read:
AB730,3,52 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

1rule into the text of the unit and document the incorporation in a note to the unit.
2For each such incorporation, the legislative reference bureau shall include in a
3correction bill a provision formally validating the incorporation. Section 227.27 (2)
4is not affected by printing decisions made by the legislative reference bureau under
5this paragraph.
AB730,2 6Section 2. 13.92 (4) (c) of the statutes is amended to read:
AB730,3,87 13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin
8administrative code a note explaining any change made under par. (b) or (bm).
AB730,3 9Section 3. 13.92 (4) (d) of the statutes is amended to read:
AB730,3,1110 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not
11apply to any change made by the legislative reference bureau under par. (b) or (bm).
AB730,4 12Section 4. 13.92 (4) (e) of the statutes is amended to read:
AB730,3,1413 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a
14record of each change made under par. (b) or (bm).
AB730,5 15Section 5. 13.92 (4) (f) of the statutes is amended to read:
AB730,3,1716 13.92 (4) (f) The legislative reference bureau shall notify the agency involved
17of each change made under par. (b) or (bm).
AB730,6 18Section 6. 35.93 (2) (b) 4. of the statutes, as affected by 2013 Wisconsin Act 20,
19is amended to read:
AB730,3,2220 35.93 (2) (b) 4. Copies of all rules filed with the legislative reference bureau
21under s. 227.20 (1) or modified under s. 227.265 since the compilation of the
22preceding register, including emergency rules filed under s. 227.24 (3).
AB730,7 23Section 7. 35.93 (2) (c) 1. of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
AB730,4,3
135.93 (2) (c) 1. Each chapter of the Wisconsin administrative code that has been
2affected 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.
AB730,8 4Section 8. 35.93 (3) of the statutes is amended to read:
AB730,4,185 35.93 (3) The legislative reference bureau shall compile and deliver to the
6department 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
8preceding issue of the register was made and those executive orders which are to be
9in effect for more than 90 days or an informative summary thereof. The complete
10register shall be compiled and published before the first day of each month and a
11notice section of the register shall be compiled and published before the 15th day of
12each 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
14of contents. Each page of the register shall also contain the date and number of the
15register of which it is a part in addition to the other necessary code titles and page
16numbers. The legislative reference bureau may include in the register such
17instructions or information as in the bureau's judgment will help the user to correctly
18make insertions and deletions in the code and to keep the code current.
AB730,9 19Section 9. 35.93 (3) (e) (intro.) of the statutes, as affected by 2013 Wisconsin
20Act 20
, is amended to read:
AB730,4,2521 35.93 (3) (e) (intro.) The legislative reference bureau shall incorporate into the
22appropriate chapters of the Wisconsin administrative code each permanent rule filed
23with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265
24and, for each chapter of the administrative code affected by a rule, do all of the
25following:
AB730,10
1Section 10. 35.93 (3) (e) 1. of the statutes, as affected by 2013 Wisconsin Act
220
, is amended to read:
AB730,5,83 35.93 (3) (e) 1. Publish the chapter in the appropriate end-of-month register
4in accordance with the filing deadline for publication established in the rules
5procedures manual published under s. 227.15 (7) or, in an end-of-month register
6agreed 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
.
AB730,11 9Section 11. 227.01 (13) (intro.) of the statutes is amended to read:
AB730,5,1610 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy,
11or general order of general application which has the effect of law and which is issued
12by an agency to implement, interpret, or make specific legislation enforced or
13administered 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
15s. 227.10 does not apply to, any action or inaction of an agency, whether it would
16otherwise meet the definition under this subsection, which:
AB730,12 17Section 12. 227.11 (2) (intro.) of the statutes is amended to read:
AB730,5,1918 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency
19as follows:
AB730,13 20Section 13. 227.265 of the statutes is created to read:
AB730,5,25 21227.265 Repeal or modification of rules. If a bill to repeal or modify a rule
22is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply.
23Instead, the legislative reference bureau shall publish the repeal or modification in
24the Wisconsin administrative code and register as required under s. 35.93, and the
25repeal or modification shall take effect as provided in s. 227.22.
AB730,14
1Section 14. 227.27 (2) of the statutes is amended to read:
AB730,6,72 227.27 (2) The code shall be prima facie evidence in all courts and proceedings
3as provided by s. 889.01, but this does not preclude reference to or, in case of a
4discrepancy, 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
6of a rule shall also and in the same degree be prima facie evidence in all courts and
7proceedings.
AB730,15 8Section 15. NR 45.04 (2) (a) 2. of the administrative code is amended to read:
AB730,6,149 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
11the entry is no earlier than one hour prior to the opening of hunting or trapping hours
12established 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
14sunrise
.
AB730,16 15Section 16. NR 45.04 (2) (a) 3. of the administrative code is repealed.
AB730,17 16Section 17. NR 45.04 (2) (a) 5. of the administrative code is created to read:
AB730,6,1917 NR 45.04 (2) (a) 5. Users of state trails, except during hours of closure as posted
18by the department or by an entity operating a state trail under a written agreement
19with the department.
AB730,18 20Section 18. Effective dates. This act takes effect on the day after publication,
21except as follows:
AB730,6,2322 (1) The treatment of section 35.93 (2) (b) 4. and (c) 1. and (3) (e) (intro.) and 1.
23of the statutes takes effect on January 1, 2015.
AB730,6,2424 (End)
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