SB 943 — Relating to: requiring the Elections Commission to send guidance documents to the Joint Committee for Review of Administrative Rules.

-Date 2022of LEGISLATUREenactment: LRB-5497/1 JK:cjs&cdc SENATE BILL 943 February 3, 2022 - Introduced by Senators D ARLING, NASS, FELZKOWSKI and STROEBEL , cosponsored by Representatives S PIROS, GUNDRUM , B EHNKE , STEFFEN , ARMSTRONG , S ANFELIPPO, PENTERMAN , C ABRAL-GUEVARA , TITTL, M URSAU, ROZAR, OLDENBURG , KNODL, MURPHY, WITTKE and N EYLON.

ReferredSenate toBill Committee943 onDate Elections,of Electionpublication*: Process Reform and Ethics.

WISCONSIN ACT A N A CT to create 5.05 (16) (d) of the statutes;

AnalysisThe bypeople theof Legislative Reference Bureau This bill requires the Electionsstate Commissionof toWisconsin, weeklyrepresented submitin to whom the Jointdocument Committeeor forcommunication Reviewwas ofprovided Administrativesenate Rules all documents and communicationsassembly, fromdo theenact commission that the commission issued in the previous week that are applicable to municipal clerks generally and qualify as guidancefollows: documents.

If JCRAR determines that such a document or communication satisfies the definition of a rule under current law, JCRAR must notify the commissioncommittee’s of that determination and the commission must notify the municipal clerks that the document or communication is withdrawn and no longer applicable.applica- SECTION 1.

Under5.05 this(16) bill,(d) theof commission may promulgate the withdrawnstatutes documentis orcreated communicationto asble. a rule, if necessary for preserving the public peace, health, safety, or welfare.

For purposes of promulgating administrative rules, a “rule” is defined under current law as “a regulation, standard, statement of policy, or general order of general application that has the force of law and that 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.” The bill also requires the commission tomay providepromulgate a disclaimer with all guidance documents that it provides to municipal clerks providing the statutorywithdrawn definitionread: of “guidance document” and indicating that guidance documents do not have the force - 2022 Legislature - 2 - LRB-5497/1 JK:cjs&cdc SENATE BILL 943 of law.

Under current law, “guidance document” means, generally, any formal or official document or communication issuedas by a staterule, agencyif that explains the agency'sdocument implementation of the current law that is enforced or administered5.05(16) by(d) the1. agency or provides advice with respect to how a state agency is likely to apply the current law that is enforced or administered by the agency.

The peoplecommission ofshall theweekly statesubmit ofcommunication Wisconsin,satisfies representedthe inrequirement senateunder ands. assembly, do enact as follows:

S227.24 ECTIONto 1.the joint committee for review of administrative rules (1) (a).

5.05all (16)documents (d)and ofcommunications from the statutescommission is2. created to read:

5.05All (16)guidance (d)documents 1.that the commission pro- that the commission issued in the previous week that are vides to municipal clerks shall include a disclaimer that applicable to municipal clerks generally and qualify as provides the definition of “guidance document” under s.

The commission shall weekly submit to the joint committee for review of administrative rules all documents and communications from the commission that the commission issued in the previous week that are applicable to municipal clerks generally and qualify as guidance documents, as defined in s.

The 227.01 (3m) and indicates that a guidance document does commission shall submit the documents and communicationscommuni- tonot thehave committee in the mannerforce establishedof bylaw. the committee.

Ifcations to the committee determinesin thatthe amanner documentestablished orby communicationthe itSECTION receives2.0Nonstatutory underprovisions. this paragraph or under 2021 Wisconsin Act ....

(thiscommittee. act), section 2 (1), satisfies the definition of a rule under s.

227.01If (13), the committee shalldetermines notifythat thea commissiondocument of(1) itsOn determination and the commissioneffective shalldate notifyof allthis municipalsubsection, clerks to whom the documentelec- or communication wasit providedreceives ofunder thethis committee'sparagraph determinationor andtions thatcommission theshall documentsubmit orto communicationthe isjoint withdrawncommittee andfor nounder longer2021Wisconsin applicable.Act ....

The(this commissionact), maysection promulgate2 the(1), withdrawnsat- documentreview orof communicationadministrative asrules aall rule,guidance ifdocuments, theas documentisfies orthe communicationdefinition satisfiesof thea requirementrule under s.

227.24227.01 (1)(13), (a).the defined in s.

2.227.01 (3m), that the commission provided committee shall notify the commission of its determina- to municipal clerks beginning on January 1, 2020, and tion and the commission shall notify all municipal clerks ending on the effective date of this subsection.

All* guidanceSection documents991.11,ISCONSISTATUTES: that the commission provides to municipal clerks shall include a disclaimer that provides the definition of “guidance document” under s.

227.01Effective (3m)date and indicates that a guidance document does not have the force of law.acts.

S“Every ECTIONact 2.Nonstatutoryand provisions.every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”

LRB-5497/1 - 2022 Legislature - 3 - JK:cjs&cdc SECTION 2 SENATE BILL 943 (1) On the effective date of this subsection, the elections commission shall submit to the joint committee for review of administrative rules all guidance documents, as defined in s.

227.01 (3m), that the commission provided to municipal clerks beginning on January 1, 2020, and ending on the effective date of this subsection.

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