LRB-3703/1
MED:cjs:rs
2013 - 2014 LEGISLATURE
December 12, 2013 - Introduced by
Law Revision Committee. Referred to
Committee on Judiciary.
AB568,1,3
1An Act to amend 227.17 (2) and 227.22 (1) of the statutes;
relating to: the
2effective date of administrative rules promulgated by state agencies (suggested
3as remedial legislation by the Legislative Reference Bureau).
Analysis by the Legislative Reference Bureau
2013 Wisconsin Act 20 provides that, effective January 1, 2015, administrative
rules promulgated by state agencies (rules) generally become effective on the first
day of the month commencing after the date on which a Wisconsin Administrative
Register (register) is published by the Legislative Reference Bureau (LRB). In
addition, Act 20 requires the LRB to publish in the weekly register copies of all rules
filed with the LRB since the compilation of the previous register and to publish in
each end-of-month register updated chapters of the Wisconsin Administrative Code
(code) that have been affected by rules filed with the LRB.
This bill clarifies that a rule becomes effective on the first day of the month
commencing after the date on which the LRB publishes in the end-of-month register
the updated chapters of the code that have been affected by the rule.
Under current law, subject to certain exceptions, rule making by an agency
must be preceded by a notice and public hearing. The notice must, under current law,
be given at least ten days prior to the date set for a hearing, and notice through the
register is considered to have been given on the "effective date" of the issue of the
register in which the notice first appears. This bill clarifies that notice through the
register is considered to have been given on the publication date of the issue of the
register in which the notice first appears.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Legislative Reference Bureau (LRB) and introduced by the
Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration
of the provisions of the bill, the Law Revision Committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB568,2,63
227.17
(2) The notice under sub. (1) shall be given at least 10 days prior to the
4date set for a hearing. Notice through the register is considered to have been given
5on the
effective date
of on which the issue of the register in which the notice first
6appears
is published under s. 35.93 (2).
Note: Clarifies an ambiguity in current law regarding the date notice of a hearing
on a proposed rule is considered to have been given in the register, by providing that the
date such a notice is considered to have been given is the date on which the register is
published by the LRB. Current law refers to the "effective date of [a] register," which is
not defined or otherwise explained in current law.
AB568,2,109
227.22
(1) In this section, "date of publication" means the date on which a
10register rule is published
in the code as required under s. 35.93 (2)
(c) 1.
Note: Currently, the Wisconsin Administrative Register (register) is distributed
in print form. Administrative rules, as filed with the LRB, are not published in full in the
register and are only published in the register as incorporated into the relevant updated
chapters of the Wisconsin Administrative Code (code) that were affected by the filed rule.
Effective January 1, 2015, the register will be published electronically and rules will be
published in the register in two forms, once in the form filed by an agency with the LRB
and again when incorporated into the affected code chapters. This bill clarifies that, as
is the case currently, the date of publication of the code chapters is the relevant date for
purposes of the general effective date of rules. This change is consistent with the law prior
to Act 20 and current law and practice.
AB568,3
11Section
3.
Effective date.
AB568,3,1
1(1)
This act takes effect on January 1, 2015.
Note: The changes in Act 20 do not take effect until January 1, 2015. Therefore,
a delayed effective date of January 1, 2015, is included in this bill as well.