2013 - 2014 LEGISLATURE
January 22, 2013 - Introduced by Senator Grothman, cosponsored by
Representative Nass. Referred to Committee on Judiciary and Labor.
1An Act to repeal
14.38 (10) (a) and 35.095 (3) (b); and to amend
13.92 (1) (b) 2
4., 35.095 (1) (b), 35.095 (2) (b), 35.095 (3) (a), 35.095 (3) (c) and 991.11 of the 3
statutes; relating to: the publication and effective dates of acts.
Analysis by the Legislative Reference Bureau
Currently, when a bill is enacted, either by action of the governor or by
overriding the governor's veto, the bill is deposited in the office of the secretary of
state, who sets a date of publication that must be within ten working days of the date
of enactment. No later than the next working day after deposit of an act with the
secretary of state, the secretary notifies the Legislative Reference Bureau (LRB) of
the date of publication. LRB is directed by law to publish each act within ten working
days of its date of enactment. The statutes require acts to be printed. Although the
statutes do not specifically require electronic publication, they do not preclude it.
Separately, within ten days after the date of publication of each act, the secretary of
state publishes in the official state newspaper a notice identifying the act together
with its date of publication and information concerning how copies may be obtained.
Currently, every act that does not expressly prescribe the time when it takes effect
becomes effective on the day after its date of publication as designated by the
secretary of state.
This bill provides that the date of publication of each act is the day after the date
of enactment. The bill directs LRB to publish each act on that date. Under the bill,
each act that does not expressly prescribe the time when it takes effect becomes
effective on the day after its date of publication as prescribed in the bill. The bill does
not affect the current practices of printing copies of acts and of publishing notices
that acts have been enacted and advising how copies may be obtained.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.92 (1) (b) 4. of the statutes is amended to read:
(b) 4. Publish each act on its date of publication. Upon receipt of notice
3from the secretary of state under s. 14.38 (10) (a), the as prescribed under s. 35.095
4(1) (b). The
bureau shall enter the act number, date of enactment
and date of 5
publication of each act on the camera-ready
copy and deliver it to the contract printer 6
for reproduction of printed copies
. The copy publication
shall identify material 7
deleted from existing law by stricken type, and material inserted into existing law 8
by underscored type. In any act published "vetoed in part", the material subject to 9
the veto shall be displayed in full but shall be identified by distinguishing marks. 10
The bureau shall make printed
copies available on or before the date of as soon as
publication of the act. The number of copies printed, and the 12
quality of paper used, shall be as provided in the joint rules and as further 13
determined by the joint committee on legislative organization.
14.38 (10) (a) of the statutes is repealed.
35.095 (1) (b) of the statutes is amended to read:
(b) "Date of publication" means the
date designated by the secretary
17of state under sub. (3) day after the date of enactment
35.095 (2) (b) of the statutes is amended to read:
(b) The person numbering an act under par. (a) shall note on it the 20
date of enactment, shall immediately provide electronic notice to the legislative
1reference bureau of the act number and date of enactment,
and shall deposit it in the 2
secretary of state's office no later than the next working day following its enactment.
35.095 (3) (a) of the statutes is amended to read:
(a) The legislative reference bureau shall publish every act and every 5
portion of an act which is enacted by the legislature over the governor's partial veto 6within 10 working days after its date of enactment
on its date of publication
35.095 (3) (b) of the statutes is repealed.
35.095 (3) (c) of the statutes is amended to read:
(c) Copies of each act or portion of an act enacted by the legislature 10
over the governor's partial veto shall be available electronically
on or before its the 11
date of publication of the act
to subscribers under s. 35.87 who pick up their
. At appropriate intervals, the officer designated under s. 35.87 shall 13
certify to the secretary of state that each act or portion of an act was available 14electronically
to subscribers on or before its date of publication.
991.11 of the statutes is amended to read:
16991.11 Effective date of acts.
Every act and every portion of an act enacted 17
by the legislature over the governor's partial veto which does not expressly prescribe 18
the time when it takes effect shall take effect on the day after its date of publication 19
as designated under prescribed in
s. 35.095 (3) (1)