Hearing Date:
December 11, 2008
Financial Institutions — Securities
EmR0829
— Rules adopted amending
s.
DFI-Sec 4.06 (2) (i)
and to create ss.
DFI-Sec 4.06 (1) (v)
,
5.06 (14)
and Chapter
DFI-Sec 10
, relating to making it a dishonest or unethical practice for securities licensees to make use of misleading designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors.
Finding of Emergency
The Division of Securities of the Department of Financial Institutions for the State of Wisconsin finds that an emergency exists and that the rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency follows:
The Division is taking immediate, emergency-rule action to protect seniors in Wisconsin from being misled through the use by securities licensees of designations and credentials that imply or represent that a person has special expertise, certification, or training in financial planning for seniors, but where such designations and/or credentials are either non-existent or do not involve significant education, testing, training or experience, and in reality are marketing ploys.
Publication Date:
September 18, 2008
Effective:
September 18, 2008
through February 14, 2009
Extension Through:
April 15, 2009
Government Accountability Board
EmR0902
— Rule adopted amending
s.
GAB 6.05
, relating to filing campaign finance reports in electronic format.
Finding of Emergency
The Government Accountability Board amends s.
GAB 6.05
, Wis. Adm. Code, relating to filing campaign finance statements in electronic format. The amended rule creates a uniform requirement and restricts registrants to an "electronic format" compatible with the Board's electronic filing system for filing campaign finance reports.
Pursuant to s.
227.24
, Stats., the Government Accountability Board finds an emergency exists because the Board's January 18, 2008 decision to implement the use of a new electronic filing system, and the technical requirements thereof, conflicts with the technical electronic format filing permitted by the previous rule. In effect, the current electronic filing system cannot work without a uniform and restricted electronic format that is compatible with the new electronic filing system.
The Board adopts the legislature's policy findings of s.
11.001
, Stats., emphasizing that one of the most important sources of information to voters about candidates is available through the campaign finance reporting system. The Board further finds that it is necessary to codify a uniform electronic format filing requirement to ensure the proper operation of the current electronic filing system so that the campaign finance information is available to voters. The amended rule, GAB 6.05, must be adopted immediately to ensure the public peace and welfare with respect to the administration of current and future elections.
Publication Date:
February 5, 2009
Effective:
February 5, 2009 through
July 4, 2009
Hearing Date:
March 20, 2009
(See the Notice in this Register)
Health Services (2)
(Formerly Health and Family Services)
Management & Technology & Strategic Finance,
Chs. HFS (DHS) 1—
1.
EmR0832
— Rule adopted to repeal
s. HFS (DHS) 12.03 (15) and to create ss. HFS (DHS) 12.03 (20m), 12.115 and Table HFS (DHS) 12.115
, relating to background checks of individuals who provide personal care services, and affecting small businesses.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
2007 Wisconsin Act 172
requires the department to specify by rule, the crimes, a conviction of which an entity must disclose to a client or a client's guardian before the caregiver provides the client with personal care services in the client's home. Act 172 also requires the department to define the term "substitute caregiver". Under s.
50.065 (2m) (d)
, Stats., as created by
2007 Wisconsin Act 172
, the department created a list of crimes required and also as required defined the term "substitute caregiver".
Effective November 1, 2008, entities, including home health agencies and temporary employment agencies, are required under s.
50.065 (2m) (d)
, Stats., to disclose to the client or the client's guardian, the assigned caregiver's convictions of crimes specified by the department by rule.
Publication Date:
October 20, 2008
Effective:
November 1, 2008 through
March 31, 2009
Hearing Date:
January 6, 2009
2.
EmR0834
— Rules adopted amending
s. HFS (DHS) 10.23 (2) (d) 2.
, relating to confidentiality requirements of the Family Care program that prohibit benefit specialists from disclosing personally identifying information about a client without the client's informed consent, unless required by law.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
Chapter
HFS 10
is the department's rule that guides the implementation of the department's Family Care program. Included in these provisions are standards for confidentiality which prohibit disability benefit specialists from disclosing personally identifying information about a client without the client's consent unless required by law. Because disability benefit specialists are permissive reporters, and thus not required to report abuse, neglect, or financial exploitation of elder adults and adults at risk under ss.
46.90 (4) (ar)
and
55.043 (1m) (br)
, Stats., s.
HFS 10.23 (2) (d) 2.
, effectively prevents disability benefits specialists from making such disclosures.
Amending s.
HFS 10.23 (2) (d) 2.
, to allow disability benefit specialists to report abuse, neglect, or financial exploitation under ss.
46.90 (4) (ar)
and
55.043 (1m) (br)
, Stats., would help to ensure that elder adults and adults-at-risk who may have been abused, neglected, or financially exploited are brought to the attention of the abuse, neglect and exploitation response systems outlined under ss.
46.90
and
55.043
, Stats.
Publication Date:
November 3, 2008
Effective:
November 3, 2008 through
April 1, 2009
Hearing Date:
January 27, 2009
Health Services
(Formerly Health and Family Services)
Health, Chs. HFS 110—
EmR0825
— Rule adopted creating
Chapter
HFS 119
, to require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators and to specify the content of the training, qualifications of providers, and frequency with which training is to be completed, and affecting small businesses
.
Exemption From Finding of Emergency
The legislature by
2007 Act 104
provides the department with an exemption from a finding of emergency to adopt these emergency rules.
Publication Date:
August 29, 2008
Effective:
September 1, 2008 through
January 28, 2009
Hearing Date:
December 11, 2008
Extension Through:
March 29, 2009
Military Affairs —
Wisconsin Emergency Management
EmR0836
— Rule adopted revising
Chapter
WEM 1
, relating to fee revisions to facilities housing hazardous chemicals, hazardous substances, and extremely hazardous substances as defined in s.
WEM 1.02 (5)
.
Finding of Emergency
The Wisconsin Division of Emergency Management (WEM)/State Emergency Response Commission finds that an emergency exists and that a rule revision is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting an emergency is as follows:
Emergency response to and planning for accidental or purposeful releases of dangerous chemicals will be compromised by a significant reduction of money available to fund emergency management activities at the county level. County emergency management agencies will be unable to fully comply with state and federal laws. Wisconsin Emergency Management would also experience substantial reductions in capabilities to assist local units of government with their state and federally required responsibilities. Sufficient funding of the county grant program and WEM activities is necessary to protect and defend the citizens of Wisconsin from accidental releases and releases caused by terrorist actions.
Publication Date:
December 1, 2008
Effective:
December 1, 2008 through
April 29, 2009
Hearing Dates:
December 18 and 19, 2008
Natural Resources
Environmental Protection - General, Chs. NR 100—
Finding of Emergency
The substantial increase in grant funding is a strong message from the Legislature that concern over the welfare of our public waters is growing, along with the expectation that these additional funds be put to work as soon as possible. The appropriation from which these funds are spent is a biennial appropriation, meaning that any unspent funds at the end of the biennium automatically lapse back to the Water Resources Account of the Conservation Fund. The timeline for permanent rule promulgation and the lack of staff to provide support to eligible sponsors may impede the Department's ability to fully and responsibly invest the authorized spending by the end of the biennium because of the current rule's limitations. An emergency rule will help to minimize or eliminate the amount of funds that are lapsed.
Publication Date:
April 7, 2008
Effective:
July 1, 2008 through
November 27, 2008
Hearing Dates:
July 22 to August 5, 2008
Extension Through:
March 27, 2009
Pharmacy Examining Board
Finding of Emergency
The Pharmacy Examining Board finds that, under s.
227.24 (1)
, Stats., the repeal of s.
Phar 4.02 (2)
is required for the preservation of the public peace, health, safety and welfare.
Currently, under s.
Phar 4.02 (2)
, the board administers a practical examination to determine an applicant's competence in compounding and dispensing medications, which includes consultation of patients. The board has determined that this examination is no longer needed because the competencies tested in the examination are also tested in two other national examinations that applicants are required to take in order to obtain a license in Wisconsin. The board has also determined that the practical examination requirement may contribute to the shortage of pharmacists in Wisconsin.
First, under s.
Phar 4.02 (1)
and
(3)
, an applicant is required to take and pass the Multi-State Pharmacy Jurisprudence Examination (MPJE) and the North American Pharmacist Licensure Examination (NAPLEX). Both of these examinations test competencies that relate to subject areas that are also tested in the practical examination. As a result, applicants are required to take an additional examination, and pay an additional examination fee. In some instances, this step may also result in a delay in the processing of applications for licensure.
Second, in reference to the shortage of pharmacists in Wisconsin, the board has found that populations in rural areas and in certain city neighborhoods are underserved. The board believes that, because of its practical examination requirement, potential applicants from other states are declining to seek licensure in Wisconsin. Wisconsin is one of only four states that require a practical examination. None of the states that border Wisconsin have a practical examination requirement.
Publication Date:
February 28, 2009
Effective:
February 28, 2009 through
July 27, 2009
Hearing Dates:
April 8, 2009
Regulation and Licensing (3)
1.
EmR0819
—
A rule adopted revising
s.
RL 161.04
,
relating to examinations for substance abuse professionals.
Finding of Emergency
The department has made a finding of emergency. The current rules require an applicant for a clinical substance abuse counselor credential to pass an oral examination. The company that produced that examination is not giving that examination after June 1, 2008. This emergency rule creates a time period for a transition to enable a category of applicants to get a clinical substance abuse counselor credential. Persons holding a clinical substance abuse counselor credential can apply for a supervisory credential. There is a strong need for more supervisors in this field because services can only be provided under supervision. This rule will enable more applicants to receive a supervisor credential and is therefore necessary to maintain the health, safety and welfare of the public.
Publication Date:
June 18, 2008
Effective:
June 18, 2008 through
November 14, 2008
Hearing Date:
November 11, 2008
Extension Through:
March 14, 2009
2.
EmR0827
— Rule adopted
creating s.
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding s.
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
Revenue
EmR0820
— Rule adopted creating ss.
Tax 8.03
and
8.05
, relating to the registration of wine collectors, establishing standards of eligibility for registration as a wine collector, specifying the form and manner of notice required prior to the sale of wine by a wine collector, and the creation and organization of small winery cooperative wholesalers.
Exemption From Finding of Emergency
The legislature by Section
50
of
2007 Wisconsin Act 85
provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:
June 26, 2008
Effective:
June 26, 2008 through
July 1, 2010 or the date on
which permanent rules
take effect, whichever is
sooner.
Transportation
EmR0833
— Rule adopted revising
Chs.
Trans 325
,
326
and
327
, relating to motor carrier safety, and hazardous material transportation safety.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. Recently enacted commercial motor carrier safety regulations apply to drivers and carriers transporting property and passengers by commercial vehicles in interstate commerce and enhance highway safety. It is imperative the industry operates under a single set of safety regulations to minimize confusion that could result in inadvertent noncompliance or application of an outdated safety standard. Also pursuant to
49 CFR 350.331
(d), States are required to adopt compatible laws or rules to remain eligible for Motor Carrier Safety Assistance Program funding. Currently, Wisconsin receives approximately $4 million in such funding, which is used to administer various highway safety programs, and that funding and the safety programs it supports will be in jeopardy if Wisconsin does not implement these changes immediately. The Motor Carriers Association has urged the Department to implement these changes as it will help ensure uniformity and increased highway safety.
Publication Date:
November 5, 2008
Effective:
November 5, 2008 through
April 3, 2009
Hearing Date:
December 2, 2008
Workforce Development
Public Works Construction Contracts,
Chs. DWD 290-294
EmR0838
- Rules adopted revising
s.
DWD 290.155 (1)
, relating to the adjustment of thresholds for application of prevailing wage rates.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that the rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
Adjusting the thresholds for application of the prevailing wage rate requirements by emergency rule ensures that the adjustments are effective on a date certain that is prior to the time of year that project requests are generally submitted to the Department and applicability of the prevailing wage law is determined. The adjustment avoids imposing an additional administrative burden on local governments and state agencies caused by an effective decrease of the thresholds due solely to inflation in the construction industry. If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six to seven months, until the conclusion of the permanent rule-making process. The thresholds are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process.
Publication Date:
December 29, 2008
Effective:
January 1, 2009 through
May 30, 2009
Hearing Date:
February 12, 2009
