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LRB-5497/1
JK:cjs&cdc
2021 - 2022 LEGISLATURE
February 3, 2022 - Introduced by Senators Darling, Nass, Felzkowski and
Stroebel, cosponsored by Representatives Spiros, Gundrum, Behnke,
Steffen, Armstrong, Sanfelippo, Penterman, Cabral-Guevara, Tittl,
Mursau, Rozar, Oldenburg, Knodl, Murphy, Wittke and Neylon. Referred
to Committee on Elections, Election Process Reform and Ethics.
SB943,1,3 1An Act to create 5.05 (16) (d) of the statutes; relating to: requiring the Elections
2Commission to send guidance documents to the Joint Committee for Review of
3Administrative Rules.
Analysis by the Legislative Reference Bureau
This bill requires the Elections Commission to 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. If
JCRAR determines that such a document or communication satisfies the definition
of a rule under current law, JCRAR must notify the commission of that
determination and the commission must notify the municipal clerks that the
document or communication is withdrawn and no longer applicable. Under this bill,
the commission may promulgate the withdrawn document or communication as a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 to provide a disclaimer with all guidance
documents that it provides to municipal clerks providing the statutory definition of
“guidance document” and indicating that guidance documents do not have the force

of law. Under current law, “guidance document” means, generally, any formal or
official document or communication issued by a state agency that explains the
agency's implementation of the current law that is enforced or administered by the
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 people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB943,1 1Section 1. 5.05 (16) (d) of the statutes is created to read:
SB943,2,152 5.05 (16) (d) 1. The commission shall weekly submit to the joint committee for
3review of administrative rules all documents and communications from the
4commission that the commission issued in the previous week that are applicable to
5municipal clerks generally and qualify as guidance documents, as defined in s.
6227.01 (3m). The commission shall submit the documents and communications to
7the committee in the manner established by the committee. If the committee
8determines that a document or communication it receives under this paragraph or
9under 2021 Wisconsin Act .... (this act), section 2 (1), satisfies the definition of a rule
10under s. 227.01 (13), the committee shall notify the commission of its determination
11and the commission shall notify all municipal clerks to whom the document or
12communication was provided of the committee's determination and that the
13document or communication is withdrawn and no longer applicable. The commission
14may promulgate the withdrawn document or communication as a rule, if the
15document or communication satisfies the requirement under s. 227.24 (1) (a).
SB943,2,1816 2. All guidance documents that the commission provides to municipal clerks
17shall include a disclaimer that provides the definition of “guidance document” under
18s. 227.01 (3m) and indicates that a guidance document does not have the force of law.
SB943,2 19Section 2 . Nonstatutory provisions.
SB943,3,5
1(1) On the effective date of this subsection, the elections commission shall
2submit to the joint committee for review of administrative rules all guidance
3documents, as defined in s. 227.01 (3m), that the commission provided to municipal
4clerks beginning on January 1, 2020, and ending on the effective date of this
5subsection.
SB943,3,66 (End)
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