SB494: Bill Text

SB494,3 Section 3. 13.92 (4) (d) of the statutes is amended to read:

SB494,3,16 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not apply to any change made by the legislative reference bureau under par. (b) or (bm).

SB494,4 Section 4. 13.92 (4) (e) of the statutes is amended to read:

SB494,3,19 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a record of each change made under par. (b) or (bm).

SB494,5 Section 5. 13.92 (4) (f) of the statutes is amended to read:

SB494,3,22 13.92 (4) (f) The legislative reference bureau shall notify the agency involved of each change made under par. (b) or (bm).

SB494,6 Section 6. 35.93 (2) (b) 4. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB494,4,3 35.93 (2) (b) 4. Copies of all rules filed with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265 since the compilation of the preceding register, including emergency rules filed under s. 227.24 (3).

SB494,7 Section 7. 35.93 (2) (c) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB494,4,8 35.93 (2) (c) 1. Each chapter of the Wisconsin administrative code that has been affected by rules filed with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265, in accordance with sub. (3) (e) 1.

SB494,8 Section 8. 35.93 (3) of the statutes is amended to read:

SB494,4,23 35.93 (3) The legislative reference bureau shall compile and deliver to the department for printing copy for a register which shall contain all the rules filed under s. 227.20 or modified under s. 227.265 since the compilation of rules for the preceding issue of the register was made and those executive orders which are to be in effect for more than 90 days or an informative summary thereof. The complete register shall be compiled and published before the first day of each month and a notice section of the register shall be compiled and published before the 15th day of each month. Each issue of the register shall contain a title page with the name "Wisconsin administrative register", the number and date of the register, and a table of contents. Each page of the register shall also contain the date and number of the register of which it is a part in addition to the other necessary code titles and page numbers. The legislative reference bureau may include in the register such instructions or information as in the bureau's judgment will help the user to correctly make insertions and deletions in the code and to keep the code current.

SB494,9 Section 9. 35.93 (3) (e) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB494,5,5 35.93 (3) (e) (intro.) The legislative reference bureau shall incorporate into the appropriate chapters of the Wisconsin administrative code each permanent rule filed with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265 and, for each chapter of the administrative code affected by a rule, do all of the following:

SB494,10 Section 10. 35.93 (3) (e) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB494,5,13 35.93 (3) (e) 1. Publish the chapter in the appropriate end-of-month register in accordance with the filing deadline for publication established in the rules procedures manual published under s. 227.15 (7) or, in an end-of-month register agreed to by the submitting agency and the legislative reference bureau , or, in the case of a rule modified under s. 227.265, in the end-of-month register for the month in which the bill modifying the rule is enacted.

SB494,11 Section 11. 227.01 (13) (intro.) of the statutes is amended to read:

SB494,5,21 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy, or general order of general application which has the effect of law and which is issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. "Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which:

SB494,12 Section 12. 227.11 (2) (intro.) of the statutes is amended to read:

SB494,5,24 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency as follows:

SB494,13 Section 13. 227.265 of the statutes is created to read:

SB494,6,5 227.265 Repeal or modification of rules. If a bill to repeal or modify a rule is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply. Instead, the legislative reference bureau shall publish the repeal or modification in the Wisconsin administrative code and register as required under s. 35.93, and the repeal or modification shall take effect as provided in s. 227.22.

SB494,14 Section 14. 227.27 (2) of the statutes is amended to read:

SB494,6,12 227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the legislative reference bureau or the secretary of state under s. 227.20 or modified under s. 227.265, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

SB494,15 Section 15. DWD 273.08 (1) (intro.) of the administrative code is amended to read:

SB494,6,18 DWD 273.08 (1) Payment and records required. (intro.) The employer of a traveling sales crew shall provide payment to its employees on the regularly agreed upon pay dates, which shall in no case be less often than semimonthly. The employer shall keep, for three years, the following records for all traveling sales crew workers:

SB494,16 Section 16. DWD 273.08 (2) of the administrative code is amended to read:

SB494,7,3 DWD 273.08 (2) Deductions. The employer may make deductions from pay as allowed under s. 103.34 (6) (b), Stats. The employer shall state clearly on the traveling sales crew worker's paycheck, pay envelope, or pay stub, other paper accompanying the wage payment, or simultaneously issued electronic statement corresponding to the wage payment, the number of hours worked, the rate of pay, and the amount of and reason for each deduction from the wages due or earned by the traveling sales crew worker, except such miscellaneous deductions as may have been authorized by request of the individual traveling sales crew worker for reasons personal to himself or herself. The employer may use a reasonable coding system.

SB494,17 Section 17. DWD 273.11 (title) of the administrative code is amended to read:

SB494,7,6 DWD 273.11 (title) Traveling sales crew worker permits and identification cards.

SB494,18 Section 18. DWD 273.11 (1) of the administrative code is amended to read:

SB494,7,11 DWD 273.11 (1) Requirement. The operator of a traveling sales crew shall obtain a permit and identification card for each traveling sales crew worker who works in Wisconsin or who is recruited from Wisconsin before the traveling sales crew worker begins work.

SB494,19 Section 19. DWD 273.11 (2) (intro.) of the administrative code is amended to read:

SB494,7,19 DWD 273.11 (2) Application. (intro.) In order to obtain a traveling sales crew worker permit and identification card from the department, the traveling sales crew operator shall submit to the department a government-issued picture ID, which shall include date of birth and permanent home address for each worker. Accompanying the government picture ID, a letter from the operator of the traveling sales crew shall be submitted which identifies the following:

SB494,20 Section 20. DWD 273.11 (3) of the administrative code is amended to read:

SB494,7,23 DWD 273.11 (3) Processing. Within ten calendar days of after receipt of the completed application materials, the department shall complete its processing of the application and issue the permit and identification card.

SB494,21 Section 21. DWD 273.11 (4) of the administrative code is amended to read:

SB494,8,8 DWD 273.11 (4) Operator requirement to carry permit and identification card. The operator of a traveling sales crew and anyone supervising or transporting a traveling sales crew worker shall carry at all times, while engaged in traveling sales crew activities, a copy of each permit and identification card. An operator shall provide a traveling sales crew worker's permit and identification card upon the request of a deputy of the department, a law enforcement officer, or a person with whom the employer, traveling sales crew worker, agent, or representative is doing business.

SB494,22 Section 22. DWD 273.11 (5) of the administrative code is amended to read:

SB494,8,16 DWD 273.11 (5) Traveling sales crew worker requirement to carry permit and identification card. While engaged in traveling sales crew activities, a traveling sales crew worker shall carry at all times his or her original traveling sales crew worker permit, his or her and identification card and his or her government-issued picture ID. A traveling sales crew worker shall provide any one or more of these documents upon the request of a deputy of the department, a law enforcement officer, or a person with whom the traveling sales crew worker is doing business.

SB494,23 Section 23. Effective dates. This act takes effect on the day after publication, except as follows:

SB494,8,20 (1) The treatment of section 35.93 (2) (b) 4. and (c) 1. and (3) (e) (intro.) and 1. of the statutes takes effect on January 1, 2015.

SB494,8,21 (End)