Emergency Rules Now in Effect
Under s.
227.24
, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s.
227.24 (2)
, Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at
www.legis.state.wi.us/rsb/code
.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form:
EmR0801
. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Children and Families
Family and Economic Security, Chs. DCF 101-153
Finding of Emergency
The Department of Children and Families 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 facts constituting the emergency is:
The recent large increase in foreclosures has caused tenants living in rental properties that are in foreclosure to lose their housing. Under the current rule, these tenants are not eligible for Emergency Assistance due to impending homelessness and would only be able to receive assistance if they became homeless. This emergency rule will allow these tenants to receive assistance for impending homelessness and avoid the additional expense and trauma of homelessness.
The current maximum payment amounts for Emergency Assistance due to homelessness and impending homelessness are insufficient to allow a smaller family to obtain or retain a permanent living accommodation. Increasing the payments for smaller households immediately will help them obtain or retain a permanent living accommodation with fewer resources from other sources and may prevent homelessness for these families.
The current rule has no maximum payment amount for Emergency Assistance due to an energy crisis. All other categories of assistance have a maximum payment based on group size. This emergency rule requires that families first exhaust resources available through the Wisconsin Home Energy Program and sets a maximum payment amount for assistance available for Emergency Assistance due to energy crisis to make better use of the program's limited funds.
Publication Date:
April 9, 2009
Effective:
April 22, 2009 through
September 18, 2009
Commerce
Fee Schedule, Ch. Comm 2
EmR0837
— Rule adopted revising
s.
Comm 2.68
, relating to public swimming pool and water attraction plan review and inspection fees.
Finding of Emergency
The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
1. Implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets.
2. The Virginia Graeme Baker Pool and Spa Safety Act has a compliance date of December 19, 2008.
3. The department estimates that 3,700 existing pools and water attractions will need to be modified in order to comply with the federal act.
4. The current department plan review fees and inspection fees under s.
Comm 2.68
reflect an estimated average time and cost to provide those services. For the types of pool and water attraction modifications necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act, the department believes that the time and cost to provide the service will be below the averages reflected under the current fee structure of section
Comm 2.68
.
5. The department believes that a temporary fee reduction to facilitate plan review and inspection relative to the Virginia Graeme Baker Pool and Spa Safety Act is in alignment with the direction provided under s.
101.19
, Stats., of keeping fees consistent with the costs of providing service.
Publication Date:
December 15, 2008
Effective:
December 15, 2008
through May 13, 2009
Hearing Date:
January 8, 2009
Commerce
Licenses, Certifications and Registrations, Ch. Comm 5
Wis. Commercial Building Code, Chs. Comm 60-66
Finding of Emergency
The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows:
1. Under Chapter
560
of the Statutes, the department of commerce is charged with facilitating the establishment and retention of business enterprises in Wisconsin, and with seeking closer cooperation and coordination between units of state government, so that the economy of the state may continue to develop fully and meet citizen and community needs.
2. Under Chapters
101
and
145
of the statutes, the department of commerce has oversight over the design, construction, alteration and maintenance of public buildings and places of employment, one- and two- family dwellings, public swimming pools and public water attractions in order to protect public safety, health and welfare and the waters of the state.
3. The department has proposed an administrative rule that would require the registration of various types of building contractors not already credentialed by the department under existing administrative rules. Under the proposed rules contractors must be registered with the department by January 1, 2010. A public hearing on that proposal was held on January 21, 2009.
4. The proposed rule has three main benefits to Wisconsin: first, it will enhance the department's ability to communicate with and educate building contractors throughout the state about their obligations to limit safety and health risks for the citizens of Wisconsin; second, it will enhance the ability of the department to cooperate and coordinate with the Department of Workforce Development relative to their administration of unemployment insurance and workers compensation insurance programs; and third, it will enhance the ability of the department to cooperate and coordinate with the Department of Revenue relative to their administration of the state income tax program.
5. Due to the current economic circumstances, the department has determined that the implementation for building contractor registration should be July 1, 2009 in order for the benefits to be in effect for the 2009 building construction season.
Publication Date:
March 2, 2009
Effective:
March 2, 2009 through
July 29, 2009
Effective:
July 1, 2009 through
November 27, 2009
Hearing Date:
March 31, 2009
Commerce
Elevators, Escalators and Lift Devices, Ch. Comm 18
EmR0901
— Rule adopted repealing
s.
Comm 18.1702 (8)
, relating to a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators that use smaller sized wire ropes.
Finding of Emergency
The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
1.
The recent revision of chapter Comm 18, Elevators, Escalators and Lift Devices, references and adopts the 2007 edition of the national standard ASME A17.1, developed by the American Society of Mechanical Engineers. Effective January 1, 2009, the regulations include a provision, s.
Comm 18.1702 (8)
, that requires a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes.
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
Financial Institutions — Banking
EmR0907
— Rule adopted to create
Chapter
DFI-Bkg 47
and to repeal Chapter
DFI-Bkg 41
, relating to the transition from a registration system to a license system.
Exemption From Finding of Emergency
The legislature by section
9117
of
2009 Wisconsin Act 2
provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:
May 4, 2009
Effective:
Section 1:
5-4-09 through 7-1-11
Section 2:
9-1-09 through 7-1-11
Section 3:
1-10-10 through 7-1-11
Hearing Date:
June 10, 2009
(See Notice this Register)
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
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.
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
