November 21, 2013 - Introduced by Representatives Loudenbeck, Ringhand,
Ballweg, Berceau, Knodl, Kuglitsch, T. Larson, LeMahieu, Murphy,
Nygren, Spiros, Strachota, Stroebel and Petryk, cosponsored by Senator
Lassa. Referred to Committee on Workforce Development.
AB515,1,6 1An Act to repeal 106.20; to amend 13.92 (4) (c), 13.92 (4) (d), 13.92 (4) (e), 13.92
2(4) (f), 13.94 (4) (a) 5., 35.93 (2) (b) 4., 35.93 (2) (c) 1., 35.93 (3), 35.93 (3) (e)
3(intro.), 35.93 (3) (e) 1., 227.01 (13) (intro.), 227.11 (2) (intro.) and 227.27 (2); and
4to create 13.92 (4) (bm) and 227.265 of the statutes; relating to: rule-making
5procedures and repealing various rules promulgated by the Department of
6Workforce Development.
Analysis by the Legislative Reference Bureau
Statutory treatments
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.
Treatments of administrative rules
Under current law, the Department of Workforce Development (DWD) has
promulgated various rules governing the administration in this state of the federal
Job Training Partnership Act of 1982 (JTPA). Those rules govern: 1) allowable costs
under the JTPA; 2) performance-based contracting by agencies receiving funds
under the JTPA; 3) administration of the Dislocated Worker Program under the
JTPA; and 4) administration of certain other employment and training programs
under the JTPA. The JTPA was replaced by the federal Workforce Investment Act
of 1998. This bill repeals those rules.
Under current law, DWD has promulgated rules governing the Wisconsin Job
Opportunity Business Subsidy (WISJOBS) Program. Statutory authority for the
awarding of grants under the WISJOBS Program expired on June 30, 1993. This bill
repeals those rules.
Under current law, DWD has promulgated rules governing the filing and
hearing of mining damage claims. Statutory responsibility for the hearing of such
claims was transferred to the Department of Commerce in 1996 and, subsequently,
to the Department of Safety and Professional Services in 2011. This bill repeals those
rules.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB515,1 1Section 1. 13.92 (4) (bm) of the statutes is created to read:
AB515,3,62 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

1rule, the legislative reference bureau shall incorporate the changes made by each
2rule into the text of the unit and document the incorporation in a note to the unit.
3For each such incorporation, the legislative reference bureau shall include in a
4correction bill a provision formally validating the incorporation. Section 227.27 (2)
5is not affected by printing decisions made by the legislative reference bureau under
6this paragraph.
AB515,2 7Section 2. 13.92 (4) (c) of the statutes is amended to read:
AB515,3,98 13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin
9administrative code a note explaining any change made under par. (b) or (bm).
AB515,3 10Section 3. 13.92 (4) (d) of the statutes is amended to read:
AB515,3,1211 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not
12apply to any change made by the legislative reference bureau under par. (b) or (bm).
AB515,4 13Section 4. 13.92 (4) (e) of the statutes is amended to read:
AB515,3,1514 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a
15record of each change made under par. (b) or (bm).
AB515,5 16Section 5. 13.92 (4) (f) of the statutes is amended to read:
AB515,3,1817 13.92 (4) (f) The legislative reference bureau shall notify the agency involved
18of each change made under par. (b) or (bm).
AB515,6 19Section 6. 13.94 (4) (a) 5. of the statutes is amended to read:
AB515,3,2120 13.94 (4) (a) 5. A local service agency as defined in s. 106.20 (1) (d) designated
21under s. 101.35 (3), 1991 stats
.
AB515,7 22Section 7. 35.93 (2) (b) 4. of the statutes, as affected by 2013 Wisconsin Act 20,
23is amended to read:
AB515,4,3
135.93 (2) (b) 4. Copies of all rules filed with the legislative reference bureau
2under s. 227.20 (1) or modified under s. 227.265 since the compilation of the
3preceding register, including emergency rules filed under s. 227.24 (3).
AB515,8 4Section 8. 35.93 (2) (c) 1. of the statutes, as affected by 2013 Wisconsin Act 20,
5is amended to read:
AB515,4,86 35.93 (2) (c) 1. Each chapter of the Wisconsin administrative code that has been
7affected by rules filed with the legislative reference bureau under s. 227.20 (1) or
8modified under s. 227.265
, in accordance with sub. (3) (e) 1.
AB515,9 9Section 9. 35.93 (3) of the statutes is amended to read:
AB515,4,2310 35.93 (3) The legislative reference bureau shall compile and deliver to the
11department for printing copy for a register which shall contain all the rules filed
12under s. 227.20 or modified under s. 227.265 since the compilation of rules for the
13preceding issue of the register was made and those executive orders which are to be
14in effect for more than 90 days or an informative summary thereof. The complete
15register shall be compiled and published before the first day of each month and a
16notice section of the register shall be compiled and published before the 15th day of
17each month. Each issue of the register shall contain a title page with the name
18"Wisconsin administrative register", the number and date of the register, and a table
19of contents. Each page of the register shall also contain the date and number of the
20register of which it is a part in addition to the other necessary code titles and page
21numbers. The legislative reference bureau may include in the register such
22instructions or information as in the bureau's judgment will help the user to correctly
23make insertions and deletions in the code and to keep the code current.
AB515,10 24Section 10. 35.93 (3) (e) (intro.) of the statutes, as affected by 2013 Wisconsin
25Act 20
, is amended to read:
AB515,5,5
135.93 (3) (e) (intro.) The legislative reference bureau shall incorporate into the
2appropriate chapters of the Wisconsin administrative code each permanent rule filed
3with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265
4and, for each chapter of the administrative code affected by a rule, do all of the
5following:
AB515,11 6Section 11. 35.93 (3) (e) 1. of the statutes, as affected by 2013 Wisconsin Act
720
, is amended to read:
AB515,5,138 35.93 (3) (e) 1. Publish the chapter in the appropriate end-of-month register
9in accordance with the filing deadline for publication established in the rules
10procedures manual published under s. 227.15 (7) or, in an end-of-month register
11agreed to by the submitting agency and the legislative reference bureau , or, in the
12case of a rule modified under s. 227.265, in the end-of-month register for the month
13in which the bill modifying the rule is enacted
.
AB515,12 14Section 12. 106.20 of the statutes is repealed.
AB515,13 15Section 13. 227.01 (13) (intro.) of the statutes is amended to read:
AB515,5,2216 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy,
17or general order of general application which has the effect of law and which is issued
18by an agency to implement, interpret, or make specific legislation enforced or
19administered by the agency or to govern the organization or procedure of the agency.
20"Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and
21s. 227.10 does not apply to, any action or inaction of an agency, whether it would
22otherwise meet the definition under this subsection, which:
AB515,14 23Section 14. 227.11 (2) (intro.) of the statutes is amended to read:
AB515,5,2524 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency
25as follows:
AB515,15
1Section 15. 227.265 of the statutes is created to read:
AB515,6,6 2227.265 Repeal or modification of rules. If a bill to repeal or modify a rule
3is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply.
4Instead, the legislative reference bureau shall publish the repeal or modification in
5the Wisconsin administrative code and register as required under s. 35.93, and the
6repeal or modification shall take effect as provided in s. 227.22.
AB515,16 7Section 16. 227.27 (2) of the statutes is amended to read:
AB515,6,138 227.27 (2) The code shall be prima facie evidence in all courts and proceedings
9as provided by s. 889.01, but this does not preclude reference to or, in case of a
10discrepancy, control over a rule filed with the legislative reference bureau or the
11secretary of state
under s. 227.20 or modified under s. 227.265, and the certified copy
12of a rule shall also and in the same degree be prima facie evidence in all courts and
13proceedings.
AB515,17 14Section 17. Chapter DWD 82 of the administrative code is repealed.
AB515,18 15Section 18. Chapter DWD 805 of the administrative code is repealed.
AB515,19 16Section 19. Chapter DWD 811 of the administrative code is repealed.
AB515,20 17Section 20. Chapter DWD 816 of the administrative code is repealed.
AB515,21 18Section 21. Chapter DWD 820 of the administrative code is repealed.
AB515,22 19Section 22. Chapter DWD 830 of the administrative code is repealed.
AB515,23 20Section 23. Effective dates. This act takes effect on the day after publication,
21except as follows:
AB515,6,2322 (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.
AB515,6,2424 (End)
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