2.
The department included the wear and fatigue monitoring system and protection device requirements in anticipation that the next edition of the national ASME A17.1 standard would incorporate a similar provision. The department developed s.
Comm 18.1702 (8)
based on code language being proposed by the national standard ASME A17.1 Committee.
3.
The wear and fatigue monitoring system and the device to protect against suspension loss were not incorporated into the next version of the ASME A17.1. The ASME A17.1 Committee withdrew the section because of implementation concerns, and at this time it is unclear what the final section on suspension ropes and their connections in elevators will include.
4.
Because the department adopts by reference the national standard ASME A17.1, it recognizes that without promulgating this emergency rule, there could be confusion in what constitutes recognized safe practices for a monitoring system and protection again suspension loss for electric traction elevators. The department believes that repealing s.
Comm 18.1702 (8)
will keep the Wisconsin code in alignment with the most current edition of ASME A17.1 and still promote safety.
Publication Date:
February 5, 2009
Effective:
February 5, 2009 through
July 4, 2009
Hearing Date:
March 2, 2009
Commerce
Uniform Dwelling, Chs. Comm 20-25
Wisconsin Commercial Building Code, Chs. Comm 60-66
EmR0826
— Rules adopted to renumber
s.
Comm 66.0911
; to amend s.
Comm 20.24 (1)
and
(2)
; and to create ss.
Comm 21.095
,
20.24
Table 20.24-14, 62.1200, 62.3500 (3) (e), 66.0911 (title) and (2)
, relating to carbon monoxide alarms and affecting small business.
Exemption From Finding of Emergency
Under the nonstatutory provisions of
2007 Wisconsin Act 205
, the Department of Commerce is directed to issue emergency rules that implement provisions of the Act. The Act specifically states: "Notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, neither the department of commerce or the department of health services is required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection."
The Act mandates the installation and maintenance of carbon monoxide alarms in buildings accommodating certain types of residential occupancies and within which fuel burning appliances are located. Residential occupancies include tourist rooming houses, bed and breakfast establishments, and any public building that is used for sleeping or lodging, such as, hotels, motels, condominiums, apartment buildings, dormitories, fraternities, sororities, convents, seminaries, community based residential facilities, home shelters, but not hospitals and nursing homes. The Act requires the installation of carbon monoxide alarms in new buildings as of October 1, 2008. The owners of existing buildings will have until April 1, 2010 to install the carbon monoxide alarms. The Act also provides for the omission of carbon monoxide alarms in certain instances which are further clarified by the administrative rules.
Publication Date:
September 10, 2008
Effective:
October 1, 2008 through
the date permanent rules
become effective
Hearing Date:
October 14, 2008
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 104-135
EmR0823
— Rules adopted amending
Comm Table 108.6–1, sections
Comm 108.07 (5)
,
108.22 (1)
, and
154.06 (intro.)
, relating to emergency assistance grants in the community development block grant program, and affecting small businesses.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of the rule included in this order is necessary for the immediate preservation of public health, safety, and welfare. The facts constituting the emergency are as follows.
Currently under sections
Comm 108.06
,
108.07
, and
108.22
of the Wisconsin Administrative Code, as promulgated under sections
560.04
,
560.045
, and
560.9809
of the Statutes, the Department may annually use up to 5 percent of its federal Community Development Block Grant (CDBG) funds to repair or replace public infrastructure or facilities, or for emergency services necessitated by a natural disaster or catastrophic event. Also under sections
Comm 108.07
and
108.22
, the maximum amount of CDBG funds that the Department can award to any local government for a natural disaster or catastrophic event is $500,000.
Currently under section
Comm 154.06
, as promulgated under sections
560.02 (4)
and
560.9809 (2)
of the Statutes, the Department may annually use up to $2,000,000 of CDGB funds to address emergency housing needs caused by natural disasters or catastrophic events.
Because of the unprecedented levels of damage to public infrastructure and facilities from the severe storms and widespread flooding that occurred throughout the State in June 2008, the need for emergency assistance to communities far exceeds the $1.35 Million of CDBG funding that results from the above 5-percent limit, and the need for emergency housing assistance for low and moderate income households far exceeds the above $2,000,000. Communities and households in 28 of the 30 counties where the Governor has declared a state of emergency are eligible for this CDBG program assistance.
This emergency rule repeals the above limits of 5 percent, $500,000 and $2,000,000. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.
Publication Date:
July 16, 2008
Effective:
July 16, 2008 through
December 12, 2008
Hearing Date:
August 27, 2008
Extension Through:
April 11, 2009
Corrections
EmR0835
— Rules adopted creating
s.
DOC 332.20
, relating to establishing a reimbursement fee to offset the costs of monitoring persons subject to global positioning system tracking or passive positioning system tracking.
Finding of Emergency
The department of corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
Under
2005 WI Act 431
, section
8
, the legislature requires certain persons who have been convicted of a serious child sex offense, who have been found not guilty of a serious child sex offense by reason of mental disease or mental defect, or who are the subject of notification under s.
301.46 (2m) (am)
, Stats., to be placed on lifetime tracking under a global positioning system (GPS) or a passive positioning system (PPS). The legislature also authorized the department to establish a rule to require persons who are subject to GPS tracking or PPS tracking to pay the cost of tracking.
If the rule is not created promptly and immediately, the department will not be able to collect the fees which are to be used to offset the costs of the tracking program, which could result in a lessening of tracking due to budget limitations.
The purpose of the emergency rule is to require all persons who are subject to tracking to pay the tracking fee which is used to offset the costs of the tracking program. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the collection of tracking fees while permanent rules are being developed.
Publication Date:
November 12, 2008
Effective:
November 12, 2008
through April 10, 2009
Hearing Date:
December 11, 2008
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
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 30, 2009
Hearing Date:
January 6, 2009
Extension Through:
May 29, 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
Extension Through:
May 31, 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
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 (2)
1.
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 Dates:
November 26, 2008
April 13, 2009
(See the Notice in this Register)
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
Extension Through:
April 30, 2009
Wisconsin Technical College System Board
Finding of Emergency
The Wisconsin Technical College System Board finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting an emergency is:
The
2009 Wis. Act 2
(the 2007-09 budget repair bill) provided an additional $1,000,000 GPR to the existing annual appropriation of $3,000,000 GPR for the training program grants authorized in Wis. Stats. §§
20.292(1)(eh)
and
38.41
. These funds were provided to address a critical need of Wisconsin employers for skills training and education necessary to protect the state's economic vitality and health, with a special emphasis on advanced manufacturing and welding.
The Act requires the WTCS Board to award these funds by June 30, 2009 or the end of the current 2008-09 fiscal year. In addition, TCS 17.06(1),
Wis. Adm. Code
requires that district boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.
Due to declining economic conditions and reduced business revenues, technical college districts report that employers are withdrawing participation in approved training grants because of an inability to fund the 25% match. Therefore, to ensure that business and incumbent workers in need of skills training and other education may access these services and that appropriated funds are distributed to technical college districts for this purpose before the end of the fiscal year, emergency administrative rules eliminating the 25% match requirement must be established immediately.
Publication Date:
March 20, 2009
Effective:
March 20, 2009 through
August 16, 2009
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
