1995 - 1996 LEGISLATURE
March 27, 1995 - Introduced by Representatives Grothman, Goetsch, Green,
Gunderson, Hoven, Jensen, Kreibich, Lazich, Olsen, Owens, Porter,
Reynolds, Silbaugh
and Seratti, cosponsored by Senators A. Lasee and
Darling. Referred to Committee on Government Operations.
AB264,1,4 1An Act to repeal 227.16 (2) (a); to amend 13.93 (2m) (d) and 35.93 (4); and to
2create
227.135, 227.14 (4m), 227.17 (1) (bm) and 227.17 (2m) of the statutes;
3relating to: requiring state agencies to provide additional notices at various
4stages of the rule-making process.
Analysis by the Legislative Reference Bureau
Under current law, with exceptions, in order to promulgate a rule, a state
agency must prepare a proposed rule and hold a public hearing on the proposed rule.
Before holding a hearing, the agency must prepare a written notice of the hearing
and send it to the revisor of statutes for publication in the Wisconsin administrative
register. Before sending the notice of hearing to the revisor of statutes, the agency
must submit the proposed rule to the joint legislative council staff for review.
This bill requires a state agency to prepare a statement of the scope of any rule
that it proposes to promulgate. Until the individual or body with policy-making
powers for the agency approves the statement of the scope for a proposed rule, a state
employe or official may not do any work on the proposed rule except what is needed
to prepare the statement. The bill provides that if the individual or body with
policy-making powers does not disapprove the statement of the scope of the proposed
rule within 30 days, then the statement is considered approved. The bill requires the
agency to publish the statement of the scope of a proposed rule in the Wisconsin
administrative register before the individual or body with policy-making powers for
the agency approves the statement.
This bill requires a state agency to prepare a written notice of submittal to joint
legislative council staff when it submits a proposed rule to the joint legislative
council staff for review. Under the bill, this notice must be approved by the individual
or body with policy-making powers for the agency, must identify the subject matter
of the proposed rule and the organizational unit within the agency that has primary
responsibility for promulgation of the rule, and must be sent to the revisor of statutes

for publication in the Wisconsin administrative register. On the same day that the
agency sends the notice to the revisor of statutes, the agency must send a copy of the
notice to the secretary of administration. The bill also requires a state agency's notice
of hearing to be approved by the individual or body with policy-making powers for
the agency, and requires the agency to send a copy of the notice of hearing to the
secretary of administration on the same day that the notice is sent to the revisor of
statutes.
Finally, this bill eliminates the provision that notice and public hearings are not
required when the proposed rules are procedural, rather than substantive.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB264, s. 1 1Section 1. 13.93 (2m) (d) of the statutes is amended to read:
AB264,2,32 13.93 (2m) (d) Sections 227.114, 227.116, 227.135 and 227.14 to 227.24 do not
3apply to any change made by the revisor of statutes bureau under par. (b).
AB264, s. 2 4Section 2. 35.93 (4) of the statutes is amended to read:
AB264,2,135 35.93 (4) Each issue of the Wisconsin administrative register shall contain a
6notice section in which shall be printed the notices of hearings on rule making which
7agencies have transmitted to the revisor for that purpose, statements of scope of
8proposed rules under s. 227.135, notices of submittal to joint legislative council staff
9under s. 227.14 (4m),
notices of intent to promulgate rules without a public hearing
10under s. 227.16 (2) (e), notices of referrals of proposed rules to presiding officers
11under s. 227.19 (2), notices of emergency rules in effect, fiscal estimates for
12rule-making orders under s. 227.14 (4) and such other notices as may be required
13by law or determined by the revisor to be appropriate.
AB264, s. 3 14Section 3. 227.135 of the statutes is created to read:
AB264,3,3
1227.135 Statements of scope of proposed rules. (1) An agency shall
2prepare a statement of the scope of any rule that it plans to promulgate. The
3statement shall include all of the following:
AB264,3,44 (a) A description of the objective of the rule.
AB264,3,65 (b) A description of existing policies relevant to the rule and of new policies
6proposed to be included in the rule and an analysis of policy alternatives.
AB264,3,77 (c) The statutory authority for the rule.
AB264,3,98 (d) Estimates of the amount of time that state employes will spend to develop
9the rule and of other resources necessary to develop the rule.
AB264,3,17 10(2) Until the individual or body with policy-making powers over the subject
11matter of a proposed rule approves a statement of the scope of the proposed rule, a
12state employe or official may not perform any activity in connection with developing
13the proposed rule except for an activity necessary to prepare the statement of the
14scope of the proposed rule. If the individual or body with policy-making powers over
15the subject matter of a proposed rule does not disapprove the statement of the scope
16of the proposed rule within 30 days after the statement is presented to the individual
17or body, the statement is considered to be approved.
AB264,3,24 18(3) The agency shall send the statement of the scope of a proposed rule to the
19revisor for publication in the register. On the same day that the agency sends the
20statement to the revisor, the agency shall send a copy of the statement to the
21secretary of administration. The individual or body with policy-making powers over
22the subject matter of a proposed rule may not take action on a statement of the scope
23of the proposed rule until at least 10 days after publication of the statement in the
24register.
AB264,3,25 25(4) This section does not apply to emergency rules.
AB264, s. 4
1Section 4. 227.14 (4m) of the statutes is created to read:
AB264,4,142 227.14 (4m) Notice of submittal to joint legislative council staff. On the
3same day that an agency submits a proposed rule to the joint legislative council staff
4under s. 227.15, the agency shall prepare a written notice of the agency's submittal
5to the joint legislative council staff. The notice shall include a statement of the date
6on which the proposed rule has been submitted to the joint legislative council staff
7for review, of the subject matter of the proposed rule and of whether a public hearing
8on the proposed rule is required, and shall identify the organizational unit within the
9agency that is primarily responsible for the promulgation of the rule. The notice
10shall be approved by the individual or body with policy-making powers over the
11subject matter of the proposed rule. The agency shall send the notice to the revisor
12for publication in the register. On the same day that the agency sends the notice to
13the revisor, the agency shall send a copy of the notice to the secretary of
14administration.
AB264, s. 5 15Section 5. 227.16 (2) (a) of the statutes is repealed.
AB264, s. 6 16Section 6. 227.17 (1) (bm) of the statutes is created to read:
AB264,4,1817 227.17 (1) (bm) Send written notice of the hearing to the secretary of
18administration on the same day that the notice is sent to the revisor under par. (a).
AB264, s. 7 19Section 7. 227.17 (2m) of the statutes is created to read:
AB264,4,2120 227.17 (2m) The notice under sub. (1) shall be approved by the individual or
21body with policy-making powers over the subject matter of the proposed rule.
AB264, s. 8 22Section 8. Initial applicability.
AB264,4,25 23(1) The treatment of section 227.135 of the statutes first applies to proposed
24rules that an agency begins to prepare under section 227.14 of the statutes on the
25first day of the 4th month beginning after the effective date of this subsection. 
AB264,5,4
1(2)  The treatment of sections 227.14 (4m) and 227.16 (2) (a) of the statutes first
2applies to proposed rules that are submitted to the joint legislative council staff
3under section 227.15 of the statutes on the first day of the 4th month beginning after
4the effective date of this subsection.
AB264,5,8 5(3)  The treatment of section 227.17 (1) (bm) and (2m) of the statutes first
6applies to proposed rules that are sent to the revisor of statutes under section 227.17
7(1) of the statutes on the first day of the 4th month beginning after the effective date
8of this subsection.
AB264,5,99 (End)
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