Statutory treatments
Rule-making procedures
Current law sets forth a procedure for the promulgation of administrative rules
(rules). Generally, that procedure consists of the following steps:
1. The agency planning to promulgate the rule prepares a statement of the
scope of the proposed rule, which the governor and the agency head must approve
before any state employee or official may perform any activity in connection with the
drafting of the proposed rule.
2. The agency drafts the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, and
submits those materials to the Legislative Council Staff for review.
3. Subject to certain exceptions, a public hearing is held on the proposed rule.

4. The final draft of the proposed rule is submitted to the governor for approval.
5. The final draft of the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, are
submitted to the legislature for review by one standing committee in each house and
by the Joint Committee for Review of Administrative Rules.
6. The proposed rule is filed with the Legislative Reference Bureau (LRB) for
publication in the Wisconsin Administrative Code (code) and the Wisconsin
Administrative Register (register), and, subject to certain exceptions, the rule
becomes effective on the first day of the first month beginning after publication.
Under this bill, if a bill that repeals or modifies a rule is enacted, the ordinary
rule-making procedures under current law do not apply. Instead, the LRB must
publish the repeal or modification, in the code and the register, and the repeal or
modification, subject to certain exceptions, takes effect on the first day of the first
month beginning after publication.
Treatments of administrative rules
Under current law, DWD has promulgated rules for the administration of the
laws governing traveling sales crews, which are defined under current law as two or
more individuals who are employed as salespersons or in related support work, who
travel together in a group, and who are absent overnight from their permanent
places of residence for the purpose of selling consumer goods or services from house
to house, on any street, or in any other place that is open to the public.
Those rules include: 1) a rule requiring the employer of a traveling sales crew
worker (worker) to provide payment to its employees on regularly agreed upon pay
dates and to state clearly on a worker's paycheck, pay envelope, or paper
accompanying the wage payment the number of hours worked, the rate of pay, and
the amount of and reason for each deduction from the wages earned by the worker;
and 2) a rule requiring a traveling sales crew operator (operator) to obtain a permit
for each worker who works in this state and an operator and worker to carry the
permit at all times while engaging in traveling sales crew activities.
This bill modifies those rules to require: 1) the employer of a worker to provide
payment to its employees on regularly agreed upon pay dates, which shall be no less
often than semimonthly
, and to state clearly on a worker's paycheck, pay envelope,
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
earned by the worker; and 2) an operator to obtain a permit and identification card
for each worker who works in this state and an operator and worker to carry the
permit and identification card at all times while engaging in traveling sales crew
activities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB494,1 1Section 1. 13.92 (4) (bm) of the statutes is created to read:
SB494,3,10
113.92 (4) (bm) If 2 or more rules filed under s. 227.20 or modified under s.
2227.265 affect the same unit of the Wisconsin administrative code without taking
3cognizance of the effect thereon of the other rules and if the legislative reference
4bureau finds that there is no mutual inconsistency in the changes made by each such
5rule, the legislative reference bureau shall incorporate the changes made by each
6rule into the text of the unit and document the incorporation in a note to the unit.
7For each such incorporation, the legislative reference bureau shall include in a
8correction bill a provision formally validating the incorporation. Section 227.27 (2)
9is not affected by printing decisions made by the legislative reference bureau under
10this paragraph.
SB494,2 11Section 2. 13.92 (4) (c) of the statutes is amended to read:
SB494,3,1312 13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin
13administrative code a note explaining any change made under par. (b) or (bm).
SB494,3 14Section 3. 13.92 (4) (d) of the statutes is amended to read:
SB494,3,1615 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not
16apply to any change made by the legislative reference bureau under par. (b) or (bm).
SB494,4 17Section 4. 13.92 (4) (e) of the statutes is amended to read:
SB494,3,1918 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a
19record of each change made under par. (b) or (bm).
SB494,5 20Section 5. 13.92 (4) (f) of the statutes is amended to read:
SB494,3,2221 13.92 (4) (f) The legislative reference bureau shall notify the agency involved
22of each change made under par. (b) or (bm).
SB494,6 23Section 6. 35.93 (2) (b) 4. of the statutes, as affected by 2013 Wisconsin Act 20,
24is amended to read:
SB494,4,3
135.93 (2) (b) 4. Copies of all rules filed with the legislative reference bureau
2under s. 227.20 (1) or modified under s. 227.265 since the compilation of the
3preceding register, including emergency rules filed under s. 227.24 (3).
SB494,7 4Section 7. 35.93 (2) (c) 1. of the statutes, as affected by 2013 Wisconsin Act 20,
5is amended to read:
SB494,4,86 35.93 (2) (c) 1. Each chapter of the Wisconsin administrative code that has been
7affected by rules filed with the legislative reference bureau under s. 227.20 (1) or
8modified under s. 227.265
, in accordance with sub. (3) (e) 1.
SB494,8 9Section 8. 35.93 (3) of the statutes is amended to read:
SB494,4,2310 35.93 (3) The legislative reference bureau shall compile and deliver to the
11department for printing copy for a register which shall contain all the rules filed
12under s. 227.20 or modified under s. 227.265 since the compilation of rules for the
13preceding issue of the register was made and those executive orders which are to be
14in effect for more than 90 days or an informative summary thereof. The complete
15register shall be compiled and published before the first day of each month and a
16notice section of the register shall be compiled and published before the 15th day of
17each month. Each issue of the register shall contain a title page with the name
18"Wisconsin administrative register", the number and date of the register, and a table
19of contents. Each page of the register shall also contain the date and number of the
20register of which it is a part in addition to the other necessary code titles and page
21numbers. The legislative reference bureau may include in the register such
22instructions or information as in the bureau's judgment will help the user to correctly
23make insertions and deletions in the code and to keep the code current.
SB494,9 24Section 9. 35.93 (3) (e) (intro.) of the statutes, as affected by 2013 Wisconsin
25Act 20
, is amended to read:
SB494,5,5
135.93 (3) (e) (intro.) The legislative reference bureau shall incorporate into the
2appropriate chapters of the Wisconsin administrative code each permanent rule filed
3with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265
4and, for each chapter of the administrative code affected by a rule, do all of the
5following:
SB494,10 6Section 10. 35.93 (3) (e) 1. of the statutes, as affected by 2013 Wisconsin Act
720
, is amended to read:
SB494,5,138 35.93 (3) (e) 1. Publish the chapter in the appropriate end-of-month register
9in accordance with the filing deadline for publication established in the rules
10procedures manual published under s. 227.15 (7) or, in an end-of-month register
11agreed to by the submitting agency and the legislative reference bureau , or, in the
12case of a rule modified under s. 227.265, in the end-of-month register for the month
13in which the bill modifying the rule is enacted
.
SB494,11 14Section 11. 227.01 (13) (intro.) of the statutes is amended to read:
SB494,5,2115 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy,
16or general order of general application which has the effect of law and which is issued
17by an agency to implement, interpret, or make specific legislation enforced or
18administered by the agency or to govern the organization or procedure of the agency.
19"Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and
20s. 227.10 does not apply to, any action or inaction of an agency, whether it would
21otherwise meet the definition under this subsection, which:
SB494,12 22Section 12. 227.11 (2) (intro.) of the statutes is amended to read:
SB494,5,2423 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency
24as follows:
SB494,13 25Section 13. 227.265 of the statutes is created to read:
SB494,6,5
1227.265 Repeal or modification of rules. If a bill to repeal or modify a rule
2is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply.
3Instead, the legislative reference bureau shall publish the repeal or modification in
4the Wisconsin administrative code and register as required under s. 35.93, and the
5repeal or modification shall take effect as provided in s. 227.22.
SB494,14 6Section 14. 227.27 (2) of the statutes is amended to read:
SB494,6,127 227.27 (2) The code shall be prima facie evidence in all courts and proceedings
8as provided by s. 889.01, but this does not preclude reference to or, in case of a
9discrepancy, control over a rule filed with the legislative reference bureau or the
10secretary of state
under s. 227.20 or modified under s. 227.265, and the certified copy
11of a rule shall also and in the same degree be prima facie evidence in all courts and
12proceedings.
SB494,15 13Section 15. DWD 273.08 (1) (intro.) of the administrative code is amended to
14read:
SB494,6,1815 DWD 273.08 (1) Payment and records required. (intro.) The employer of a
16traveling sales crew shall provide payment to its employees on the regularly agreed
17upon pay dates, which shall in no case be less often than semimonthly. The employer
18shall keep, for three years, the following records for all traveling sales crew workers:
SB494,16 19Section 16. DWD 273.08 (2) of the administrative code is amended to read:
SB494,7,320 DWD 273.08 (2) Deductions. The employer may make deductions from pay as
21allowed under s. 103.34 (6) (b), Stats. The employer shall state clearly on the
22traveling sales crew worker's paycheck, pay envelope, or pay stub, other paper
23accompanying the wage payment, or simultaneously issued electronic statement
24corresponding to the wage payment,
the number of hours worked, the rate of pay, and
25the amount of and reason for each deduction from the wages due or earned by the

1traveling sales crew worker, except such miscellaneous deductions as may have been
2authorized by request of the individual traveling sales crew worker for reasons
3personal to himself or herself. The employer may use a reasonable coding system.
SB494,17 4Section 17. DWD 273.11 (title) of the administrative code is amended to read:
SB494,7,6 5DWD 273.11 (title) Traveling sales crew worker permits and
6identification cards
.
SB494,18 7Section 18. DWD 273.11 (1) of the administrative code is amended to read:
SB494,7,118 DWD 273.11 (1) Requirement. The operator of a traveling sales crew shall
9obtain a permit and identification card for each traveling sales crew worker who
10works in Wisconsin or who is recruited from Wisconsin before the traveling sales
11crew worker begins work.
SB494,19 12Section 19. DWD 273.11 (2) (intro.) of the administrative code is amended to
13read:
SB494,7,1914 DWD 273.11 (2) Application. (intro.) In order to obtain a traveling sales crew
15worker permit and identification card from the department, the traveling sales crew
16operator shall submit to the department a government-issued picture ID, which
17shall include date of birth and permanent home address for each worker.
18Accompanying the government picture ID, a letter from the operator of the traveling
19sales crew shall be submitted which identifies the following:
SB494,20 20Section 20. DWD 273.11 (3) of the administrative code is amended to read:
SB494,7,2321 DWD 273.11 (3) Processing. Within ten calendar days of after receipt of the
22completed application materials, the department shall complete its processing of the
23application and issue the permit and identification card.
SB494,21 24Section 21. DWD 273.11 (4) of the administrative code is amended to read:
SB494,8,8
1DWD 273.11 (4) Operator requirement to carry permit and identification
2card
. The operator of a traveling sales crew and anyone supervising or transporting
3a traveling sales crew worker shall carry at all times, while engaged in traveling
4sales crew activities, a copy of each permit and identification card. An operator shall
5provide a traveling sales crew worker's permit and identification card upon the
6request of a deputy of the department, a law enforcement officer, or a person with
7whom the employer, traveling sales crew worker, agent, or representative is doing
8business.
SB494,22 9Section 22. DWD 273.11 (5) of the administrative code is amended to read:
SB494,8,1610 DWD 273.11 (5) Traveling sales crew worker requirement to carry permit
11and identification card. While engaged in traveling sales crew activities, a traveling
12sales crew worker shall carry at all times his or her original traveling sales crew
13worker permit, his or her and identification card and his or her government-issued
14picture ID. A traveling sales crew worker shall provide any one or more of these
15documents upon the request of a deputy of the department, a law enforcement officer,
16or a person with whom the traveling sales crew worker is doing business.
SB494,23 17Section 23. Effective dates. This act takes effect on the day after publication,
18except as follows:
SB494,8,2019 (1) The treatment of section 35.93 (2) (b) 4. and (c) 1. and (3) (e) (intro.) and 1.
20of the statutes takes effect on January 1, 2015.
SB494,8,2121 (End)
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