Chapter 35

35.85(13) (13) Departmental distribution programs, which are not specified in this chapter, may be established, provided that they do not conflict with this chapter.

35.85 History History: 1971 c. 106; 1971 c. 152 s. 38; 1971 c. 164; 1977 c. 305 s. 64; 1979 c. 34; 1979 c. 347 s. 28; 1985 a. 29; 1987 a. 50; 1991 a. 39, 285, 316.

35.86 35.86 Exchanges.

35.86(1) (1) The director of the historical society may procure the exchange of public documents produced by federal, state, county, local, and other agencies as may be desirable to maintain or enlarge its historical, literary, and statistical collections, and may make such distributions of public documents, with or without exchange, as may accord with interstate or international comity. The state law librarian shall procure so many of such exchanges as the state law librarian is authorized by law to make, and the department of health services, department of children and families, commission of banking, department of public instruction, legislative reference bureau, and the legislative council staff, may procure by exchange such documents from other states and countries as may be needed for use in their respective offices. Any other state agency wishing to initiate a formal exchange program in accordance with this section may do so by submitting a formal application to the department and by otherwise complying with this section.

35.86(2) (2) Exchange lists, containing the number of public documents received and the number of state documents distributed in exchange, shall be filed with the department by the respective state agencies authorized to procure exchanges, and the documents specified therein shall be forwarded by the department with carriage charges prepaid.

35.86(3) (3) The department shall authorize no distribution to be made in exchange until exchange lists have been received by it in compliance with this section.

35.86(5) (5) The department shall charge the cost of exchanges, including the costs specified in s. 35.80, to the appropriations of the state agencies filing exchange lists with the department.

35.86(6) (6) The department shall inform all state agencies of this section.

35.86 History History: 1977 c. 29 s. 1654 (9) (g); 1979 c. 34; 1983 a. 36; 1991 a. 39, 285, 316; 1993 a. 490; 1995 a. 27 ss. 1755, 9126 (19), 9145 (1); 1997 a. 27; 2007 a. 20 ss. 727, 9121 (6) (a).

35.87 35.87 Sales of legislative documents.

35.87(1) (1) The legislature may provide as a service to paid subscribers routine distribution of copies of all bills, joint resolutions, amendments, acts, journals, bulletins of proceedings and hearing bulletins printed for the legislature.

35.87(2) (2) If the service is provided, the biennial fee, effective January 1 of each odd-numbered year, for subscription to the complete legislative document distribution service shall be $500. If the service is provided, the joint committee on legislative organization may authorize portions of the service to be provided separately, and may prescribe a biennial fee for each portion so provided. The sum of the biennial fees for all portions of the service provided separately may not be less than $500. Actual postage or delivery costs shall be added to the fee for those subscribers who do not pick up their documents.

35.87(3) (3) If the service is provided, the chief of the legislative reference bureau shall review the fee prescribed in this section on a biennial basis and, no later than December 1 of each even-numbered year, shall recommend to the joint committee any revision to the fee that the chief determines to be appropriate. The joint committee may thereafter recommend to the legislature revision of the fee prescribed in this subsection. The joint committee shall promptly transmit a copy of its recommendation to the secretary of administration.

35.87(4) (4) The joint committee on legislative organization shall determine the operational responsibility for the service authorized under this section, including the procedure for sale of the service, distribution of documents and the collection of fees. The officer designated by the legislature shall deposit all moneys received for subscriptions to the service into the general fund. 

35.87 History History: 1977 c. 29; 1979 c. 34; 1995 a. 27.

35.88 35.88 Official documents to remain public property. All official document series and all current volumes of periodically updated official documents that are distributed to any state or local government office or officer under s. 35.84 shall remain as public property and shall be kept for the use of that office or officer.

35.88 History History: 1985 a. 29.

35.89 35.89 Lists of distributees in counties. Each county clerk shall transmit to the department a list of the officers in the county entitled to distribution of public printing from its office.

35.89 History History: 1991 a. 316.

35.90 35.90 Inventories by other state officers. Every state officer, other than a district attorney, maintaining a permanent office at the city of Madison, shall make and file annually with the department an inventory of all public printing of the 2nd and 3rd classes and all maps and charts on hand for distribution on July 1. The department shall require the return to it of all such printing as has become, in its opinion, of no further use to the office reporting the same. The department may suspend requisitions for public printing by departments which fail to submit inventories in compliance with this section.

35.90 History History: 1989 a. 31.

35.91 35.91 Future distribution; sales.

35.91(1) (1) The latest edition of the Wisconsin statutes shall be sold at a reasonable price, as determined by the department. The department may sell noncurrent editions of the Wisconsin statutes and Wisconsin annotations at reduced prices to be fixed by it.

35.91(2) (2) Current copies of the Blue Book and the Laws of Wisconsin shall be sold at prices determined by the department, which shall include the cost of sale and distribution under s. 35.80 and, as determined by the legislative reference bureau, the proportionate cost per copy of typesetting, purchasing, paper, printing, duplication, collating and binding.

35.91(3) (3) A price list of all printed matter on hand for sale shall be prepared from time to time by the department, which it may have printed and bound as an advertisement in state publications, and it may circulate such price list by mail.

35.91 History History: 1971 c. 82; 1979 c. 34, 221; 1985 a. 29; 1991 a. 39; 1999 a. 83; 2003 a. 33; 2005 a. 25; 2007 a. 20.

WISCONSIN ADMINISTRATIVE CODE AND REGISTER

35.93 35.93 Wisconsin administrative code and register.

35.93(1) (1) Definitions. In this section:

35.93(1)(a) (a) “Agency” has the meaning given in s. 227.01 (1).

35.93(1)(b) (b) “Chapter” means the highest organizational unit into which an agency’s rules are divided within the Wisconsin administrative code.

35.93(1)(c) (c) “Date of publication” means the date on which a register is published under sub. (2) (a).

35.93(1)(d) (d) “End-of-month register” means the last register published in a calendar month.

35.93(1)(e) (e) “Issue” means all registers published in a calendar month.

35.93(1)(f) (f) “Notice-only register” means a register other than an end-of-month register.

35.93(1)(g) (g) “Rule” has the meaning given in s. 227.01 (13).

35.93(2) (2) Wisconsin administrative register.

35.93(2)(a) (a) The legislative reference bureau shall electronically publish the Wisconsin administrative register on the Internet in one or more electronic file formats on the Monday of each week, or on the next working day, as defined in s. 227.01 (14), if Monday is a holiday under s. 230.35 (4) (a).

35.93(2)(b) (b) The legislative reference bureau shall include all of the following in each notice-only register and each end-of-month register:

35.93(2)(b)1. 1. A title page with the name “Wisconsin Administrative Register,” the issue number, and the date of publication of the register.

35.93(2)(b)2. 2. A table of contents.

35.93(2)(b)3. 3. A notice section containing all of the following that are received by the legislative reference bureau after the compilation of the preceding register:

35.93(2)(b)3.a. a. Notices of emergency rules in effect under s. 227.24 (3).

35.93(2)(b)3.b. b. Statements of the scope of proposed rules under ss. 227.135 and 227.24 (1) (e) 1d.

35.93(2)(b)3.bm. bm. Notices of preliminary public hearings and comment periods under s. 227.136.

35.93(2)(b)3.c. c. Notices of submittal of proposed rules to the legislative council staff under s. 227.14 (4m).

35.93(2)(b)3.d. d. Notices of hearings on rule making under s. 227.17 (1).

35.93(2)(b)3.e. e. Notices of intent to promulgate rules without a public hearing under s. 227.16 (2) (e).

35.93(2)(b)3.f. f. Fiscal estimates and economic impact analyses for proposed rules under ss. 227.137 and 227.14 (4) and emergency rules under s. 227.24 (1) (e) 2.

35.93(2)(b)3.fm. fm. Retrospective economic impact analyses for rules under s. 227.138.

35.93(2)(b)3.g. g. Notices of referrals of proposed rules to presiding officers under s. 227.19 (2).

35.93(2)(b)3.gm. gm. Petitions and proposed rules submitted under s. 227.26 (4) (b) 1.

35.93(2)(b)3.h. h. Notices of declaratory judgments under s. 227.40 (6).

35.93(2)(b)3.i. i. Web addresses provided by agencies under s. 101.055 (3) (a) or 227.21 (2) (c) for proposed rules.

35.93(2)(b)3.im. im. Notices of public comment periods on proposed guidance documents under s. 227.112 (1) (a).

35.93(2)(b)3.j. j. Other notices that are otherwise required by law to be included or that the legislative reference bureau determines are appropriate for inclusion in the Wisconsin administrative register.

35.93(2)(b)4. 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).

35.93(2)(b)5. 5. Copies of all executive orders received by the legislative reference bureau since the compilation of the preceding register.

35.93(2)(b)6. 6. Web addresses provided by agencies under s. 101.055 (3) (a) or 227.21 (2) (c) for rules included in a register under subd. 4.

35.93(2)(c) (c) The legislative reference bureau shall include all of the following in each end-of-month register:

35.93(2)(c)1. 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.

35.93(2)(c)2. 2. Any other chapters of the administrative code determined by the legislative reference bureau to be appropriate for publication due to corrections made under s. 13.92 (4) (b) or 35.17 or due to the addition of editorial notes.

35.93(2)(c)3. 3. Instructions or information to help the user to correctly identify insertions and deletions in the Wisconsin administrative code and that keep the Wisconsin administrative code current.

35.93(2)(d) (d) The legislative reference bureau shall number each issue consecutively.

35.93(2)(e) (e) Any document required to be included in the Wisconsin administrative register shall be considered published under par. (a) if the document can be accessed from the register’s table of contents by the use of one or more hypertext links.

35.93(3) (3) Wisconsin administrative code.

35.93(3)(a) (a) The legislative reference bureau shall electronically publish the Wisconsin administrative code on the Internet in one or more electronic file formats, as the legislative reference bureau determines. The legislative reference bureau may electronically publish the Wisconsin administrative code on other electronic media in one or more electronic file formats, as the legislative reference bureau determines.

35.93(3)(b) (b) Except as otherwise provided in s. 227.21 (2), the legislative reference bureau shall include in the Wisconsin administrative code published under par. (a) all permanent rules in force, except that the legislative reference bureau may omit tables and graphic images from publication in a particular electronic file format if the legislative reference bureau determines that the tables and graphic images are incompatible with that electronic file format. If the legislative reference bureau omits tables or graphics under this paragraph, the legislative reference bureau shall insert a note following the affected provision identifying the omission and providing a hypertext link providing electronic access to the table or graphic image. The legislative reference bureau shall at all times publish the administrative code on the Internet in at least one electronic file format that allows for publication of all tables and graphic images contained in the administrative code.

35.93(3)(c) (c) The legislative reference bureau shall include all of the following with each chapter of the Wisconsin administrative code published under par. (a):

35.93(3)(c)1. 1. The date and issue number of the Wisconsin administrative register in which the chapter is published.

35.93(3)(c)2. 2. The name of the promulgating agency.

35.93(3)(c)3. 3. A chapter title and number.

35.93(3)(c)4. 4. A table of contents for the chapter.

35.93(3)(c)5. 5. A notice stating that the chapter is published under the authority granted by this subsection.

35.93(3)(d) (d) The legislative reference bureau shall include with the Wisconsin administrative code a table of contents and an index of all permanent rules currently in effect.

35.93(3)(e) (e) 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:

35.93(3)(e)1. 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), 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.

35.93(3)(e)2. 2. Publish the chapter in the Wisconsin administrative code published on the Internet on the first day of the month following the date of publication of the end-of-month register in which the chapter is published under subd. 1. and sub. (2) (c) 1. and publish the chapter in the Wisconsin administrative code published on any other electronic media under par. (a) on or after the day after the date of publication of that end-of-month register.

35.93(3)(e)3. 3. If the chapter is affected by a rule that adopts standards under s. 101.055 (3) (a) or 227.21 (2) (a), publish, in conjunction with the publication of the chapter under subd. 2., any Web addresses provided under s. 101.055 (3) (a) or 227.21 (2) (c).

35.93(3)(f) (f) If a chapter of the Wisconsin administrative code is published in an end-of-month register under sub. (2) (c) 2., the legislative reference bureau shall publish the chapter in the Wisconsin administrative code published on the Internet on the first day of the month following the date of publication of that end-of-month register and shall publish the chapter in the Wisconsin administrative code published on any other electronic media under par. (a) on or after the day after the date of publication of that end-of-month register.

35.93 History History: 1971 c. 152 s. 38; 1975 c. 252, 421; 1977 c. 187 s. 135; 1979 c. 34, 221; 1981 c. 314 s. 146; 1983 a. 192; 1985 a. 29; 1985 a. 182 s. 55 (1), 57; 1991 a. 215; 1995 a. 106; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2011 a. 21; 2013 a. 20, 125, 136, 210, 277, 278, 295, 320, 332, 361, 363; 2015 a. 195; 2017 a. 57, 108, 369.

35.93 Cross-reference Cross Reference: See s. 889.01 for the administrative code as prima facie evidence.