EmR0906 Revises Ch. DCF 120, relating to emergency assistance for needy families.  

  • 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.
    Agriculture, Trade and Consumer Protection (2)
    1.   EmR0913 — Rule adopted revising s. ATCP 21.17 , relating to the quarantines of Brown County and Kenosha County for emerald ash borer.
    Finding of Emergency
    On July 24, 2009, APHIS identified emerald ash borer in Brown County. On August 12, 2009, APHIS identified emerald ash borer in Kenosha County. Emerald ash borer is an exotic pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for emerald ash borer under ATCP 21.17. It is anticipated that APHIS will declare quarantines for Brown County and Kenosha County but that it will take up to six weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially emerald ash borer infested material out of the county to areas of Wisconsin or other states that are not infested with emerald ash borer.
    DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
    Publication Date:   August 22, 2009
    Effective:   August 22, 2009 through
      January 18, 2010
    Hearing Dates:   September 29 and 30, 2009
    2.   EmR0922 — Rule adopted revising s. ATCP 21.17 , relating to the quarantines of Milwaukee County, Racine County and Waukesha County for emerald ash borer.
    Finding of Emergency
    On August 28, 2009, APHIS identified emerald ash borer in Milwaukee County, near the borders of Racine County and Waukesha County. Emerald ash borer is an exotic pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for emerald ash borer under ATCP 21.17. It is anticipated that APHIS will declare quarantines for Milwaukee County, Racine County and Waukesha County but that it will take up to six weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially emerald ash borer infested material out of the county to areas of Wisconsin or other states that are not infested with emerald ash borer.
    DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
    Publication Date:   September 14, 2009
    Effective:   September 14, 2009
      through February 10, 2010
    Hearing Date:   October 15, 2009
    (See the Notice in this Register)
    Children and Families
    Family and Economic Security, Chs. DCF 101-153
    EmR0906 — Rule adopted revising ss. DCF 120.05 , 120.07 and 120.08 , relating to emergency assistance for needy families.
    Finding of Emergency
    The Department of Children and Families finds that an emergency exists and that an emergency 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
    Extension Through:   November 17, 2009
    Hearing Date:   June 11, 2009
    Children and Families
    Family and Economic Security, Chs. DCF 101-153
    Early Care and Education, Chs. DCF 201-252
    EmR0908 — Rules adopted amending s. DCF 101.09 (3) (b) and creating ss. DCF 101.09 (3) (b) 1. b. , 101.26 (3) , and 201.08 (2) (g) , relating to Wisconsin Works and Wisconsin Shares disregard of temporary census income.
    Finding of Emergency
    The Department of Children and Families 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:
    Disregarding income earned from temporary employment with the U.S. Census Bureau in determining Wisconsin Works and Wisconsin Shares eligibility and child care copayments is necessary for the public welfare to ensure Wisconsin has a broad pool of available workers to help ensure an accurate Census count, particularly in historically undercounted low-income neighborhoods. Census work is currently ongoing.
    Publication Date:   May 28, 2009
    Effective:   June 1, 2009 through
      October 28, 2009
    Hearing Date:   July 14, 2009
    Commerce
    Licenses, Certifications and Registrations, Ch. Comm 5
    Wis. Commercial Building Code, Chs. Comm 60-66
    EmR0904 — Rule adopted creating ss. Comm 5.30 and 61.295 , relating to building contractor registration.
    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
    Extension Through:   November 26, 2009
    (except ss. Comm 5.30 (1) and 61.295 (2)
    Effective:   July 1, 2009 through
      November 27, 2009
    Hearing Date:   March 31, 2009
    Commerce
    Uniform Dwelling, Chs. Comm 20-25
    EmR0917 — Rule adopted revising Ch. Comm 22 , relating to energy conservation.
    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. Recently, chapter Comm 22, relating to energy conservation, was repealed and recreated to bring the Wisconsin requirements in line with the national model energy code. Effective April 1, 2009, chapter Comm 22 incorporates new prescriptive requirements that apply to individual components such as walls, windows, skylights, doors and ceilings. Within that subsection is section Comm 22.31 (2) (a) , that allows the use of a "total dwelling thermal envelope" method, and (2) (b), that allows the use of REScheck software, version 4.1.0, or later, to calculate compliance with the Uniform Dwelling Code thermal envelope requirements.
    2. The U.S. Department of Energy's Building Energy Codes Program develops and distributes REScheck software. The software program simplifies and clarifies residential code compliance with the Model Energy Code (MEC) and the International Energy Conservation Code (IECC). REScheck software makes it easier for designers, builders, product manufacturers and code officials to comply with energy codes based on the IECC or ASHRAE/IESNA Standard 90.1 requirements. Also, REScheck can be tailored to meet state-specific codes.
    3. The department included the REScheck software edition requirement in anticipation that Version 4.1.0 would be compatible with the current code. Working with Pacific Northwest Laboratories, who contracts with the U.S. Department of Energy to develop the REScheck software, the department developed state-specific energy calculations that were not incorporated into REScheck software until Version 4.2.2. The calculations that reflect the current code are identified in the software as "Wisconsin 2009." Versions prior to 4.2.2 do not have the code choice "Wisconsin 2009."
    4. Previous versions of REScheck, including Version 4.1.0, do not meet nor support the requirements of Wisconsin's current energy code. In fact, Version 4.1.0 includes other values, such as gross wall trade-offs and appliance credits that are not included in chapter Comm 22 that became effective April 1, 2009.
    5. The department recognizes that without promulgating this emergency rule, there would be confusion and miscalculations surrounding the use of Version 4.1.0 and other previous and out-of-date versions of REScheck software to calculate compliance with Uniform Dwelling Code thermal envelope requirements.
    Publication Date:   September 5, 2009
    Effective:   September 5, 2009 through
      February 1, 2010
    Hearing Date:   October 21, 2009
    (See the Notice in this Register)
    Commerce
    Financial Resources for Businesses and Communities, Chs. Comm 104—
    EmR0910 — Rule adopted to create Chapter Comm 100 , relating to tax benefits for job creation, capital investment, employee training, and corporate headquarters.
    Exemption From Finding of Emergency
    The Legislature, by section 9110 (4) in 2009 Wisconsin Act 2 , exempts the Department from providing evidence that this emergency rule is necessary for the preservation of the public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
    Publication Date:   June 30, 2009
    Effective:   June 30, 2009 through
      July 1, 2010 or the date
      permanent rules take
      effect, whichever is sooner
    Hearing Date:   September 15, 2009
    Corrections
    EmR0920 — Rule adopted revising s. DOC 309.466 , relating to inmate release accounts.
    Finding of Emergency
    The Department of Corrections finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
    Under 2009 WI Act 28 , an increased number of inmates are being considered for release. In addition, the department has developed a number of release initiatives to address an inmate's successful transition from incarceration to community life. As part of those initiatives, there are costs associated with that transition, including acquiring housing, employment, and transportation. For example, an inmate must have a social security card, a driver's license or state identification card, the first months rent and security deposit for an apartment, and civilian clothing.
    Under the current rule, an inmate may only use release account funds for "adequate clothing for release" and for "out-of-state release transportation." In addition, the rule limits the maximum amount of money which can be saved in the release account to $500.00. The emergency rule immediately permits the use of release account money for a wide variety of purchases, including fees associated with obtaining a driver's license or state identification card, housing, and a mode of transportation (bus tickets, vehicle, bicycle, etc.). In the past the Department has borne some of these costs, despite an inmate having the money in his or her release account. Given the initiatives of reentry and release, an inmate should be responsible for these expenditures.
    In addition, the emergency rule raises the limit on release accounts from $500.00 to $5,000.00. Since the current limit was established, the cost of living in the community has risen. The department seeks this change to reflect the significant costs of housing, transportation, and food and other necessities.
    If the rule is not created promptly and immediately, the department will not be able to use inmate release account funds to pay for items which inmates need in preparation for their release to the community. The purpose of the emergency rule is to permit inmates to use release account funds for a greater range of expenditures related to their release from incarceration and transition back into the community. 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 need to use inmate funds, not state funds, while permanent rules are being developed.
    Publication Date:   September 10, 2009
    Effective:   September 10, 2009
      through February 6, 2010
    Hearing Date:   October 14, 2009
    (See the Notice in this Register)
    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
    Insurance
    EmR0918 — Rule adopted to revise Chapter Ins 6 , relating to exempting commercial umbrella and commercial liability policies covering only hired and non-owned autos from having to offer or include uninsured and underinsured motorist coverage.
    Finding of Emergency
    The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
    Act 28 (2009) modified the requirements for auto insurance in Wisconsin. Most of these new provisions go into effect on November 1, 2009. These modifications did not specifically address the issue of insurers who write commercial liability insurance and commercial umbrella policies which insure only hired and non-owned automobiles ("HNO") under the policy but do not insure any automobiles owned by the insured.
    If these new Act 28 requirements apply to commercial liability insurance and commercial umbrella policies which insure only hired and non-owned automobiles ("HNO") under the policy, this creates a significant problem. Some of these insurers do not have authority to write auto insurance which is needed to write uninsured ("UM") and underinsured coverage ("UIM"). Other insurers offering the commercial umbrella and commercial liability HNO have not ever written UM/UIM coverages because the current rules exempt them. Insurers have also stated that obtaining reinsurance for this is a problem.
    This issue was addressed in 1997 when an emergency rule was promulgated and modifications to Ins 6.77 were enacted in response to various court cases. In that process, commercial insurers who wrote liability policies that covered only HNO were exempted from the requirement to offer or include UM/UIM coverage. This emergency rule would continue this exemption so that the market for commercial liability insurance and commercial umbrella policies is not disrupted.
    Publication Date:   September 9, 2009
    Effective:   November 1, 2009 through
      March 30, 2010
    Natural Resources
    Fish, Game, etc., Chs. NR 1—
    EmR0914 — Rule adopted to revise Chapter NR 10 , relating to hunting and the 2009 migratory game bird seasons and waterfowl hunting zones.
    Finding of Emergency
    The emergency rule procedure, pursuant to s. 227.24 , Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations to conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
    Publication Date:   August 22, 2009
    Effective:   September 1, 2009 through
      January 28, 2010
    Natural Resources
    Environmental Protection — Water Regulation,
    Chs. NR 300—
    EmR0915 A rule adopted revising Chapters NR 335 and 336 , relating to grants for dam maintenance, repair, modification, or abandonment and removal.
    Finding of Emergency
    The substantial increase in bonding for the dam grant programs is a strong message from the legislature that concern for public welfare from unsafe dams is growing, as well as the desire to help dam owners, including the owners of the many dams damaged during the flooding in 2007 and 2008. In order to protect the public and provide this financial assistance, these additional funds should be put to work as soon as possible. The timeline for permanent rule promulgation will impede the Department's ability to accept applications and commit funding to dam safety projects until at least June 2010, which would delay most projects until late 2010 or 2011. The emergency rules will allow immediate implementation of modifications that will allow a grant application cycle to be conducted yet this fall and allow most projects to be constructed during the 2010 construction season or before.
    Publication Date:   August 28, 2009
    Effective:   August 28, 2009 through
      January 24, 2010
    Pharmacy Examining Board
    EmR0903 A rule adopted repealing s. Phar 4.02 (2) , relating to the practical examination.
    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
    Extension Through:   November 24, 2009
    Hearing Date:   April 8, 2009
    Public Instruction (2)
    1.   EmR0916 A rule adopted revising ss. PI 35.03 and 35.05 , relating to establishing a fee under the Milwaukee Parental Choice Program.
    Exemption From Finding of Emergency
    Pursuant to Section 9139 (3) of the nonstatutory provisions of 2009 Wisconsin Act 28 , the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
    Publication Date:   September 1, 2009
    Effective:   September 1, 2009 through
      January 28, 2010
    (Except Section 1)
    Effective:   October 1, 2009 through
      February 27, 2010
    Hearing Date:   October 26, 2009
    (See the Notice in this Register)
    2.   EmR0921 — Rule adopted to create Chapter PI 15 , relating to revenue limit exemptions for energy efficiencies.
    Exemption From Finding of Emergency
    Pursuant to Section 9139 (2x) of the nonstatutory provisions of 2009 Wisconsin Act 28 , the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
    Publication Date:   September 4, 2009
    Effective:   September 4, 2009 through
      January 31, 2010
    Hearing Date:   November 9, 2009
    (See the Notice in this Register)
    Public Service Commission
    EmR0919 — Rule adopted to create Chapter PSC 172 , relating to the police and fire protection fee created under 2009 Wisconsin Act 28 .
    Finding of Emergency
    The Commission finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. The police and fire protection fee, which must go into effect September 1, 2009, ( 2009 Wisconsin Act 28 section 9441 ) will be used to replace shared revenue payments for such services. To ensure the public peace, health, safety, and welfare of the citizens of Wisconsin, it is vital for funding of police and fire protection services to continue smoothly, quickly, and unimpeded. Thus, it is necessary for the rule administering the fee to be implemented as soon as possible.
    Publication Date:   September 11, 2009
    Effective:   September 11, 2009
      through February 7, 2010
    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
    2.   EmR0828 — Rules adopted to amend s. RL 181.01 (2) (c) ; and to create ss. RL 180.02 (1m) , (3m) and (11) , 181.01 (1) (d) , (2) (c) 1. and 2. , relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
    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
    EmR0912 — Rule adopted revising Chapter Tax 2 , relating to combined reporting for corporation franchise and income tax purposes.
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The function of the Wisconsin Department of Revenue is to administer the Wisconsin tax laws. These laws, and tax policy for raising revenue, are determined by the State Legislature. The State Legislature recently enacted numerous items of tax legislation, affecting individuals and businesses alike. Some of these apply retroactively to January 1, 2009. Emergency rules are needed, not only to address the risk of revenue loss, but to add more clarity and certainty about the scope and application of the newly enacted statutes.
    Publication Date:   August 8, 2009
    Effective:   August 8, 2009 through
      January 4, 2010
    Hearing Dates:   September 25, 2009 and
      October 16, 2009
    Transportation
    EmR0909 — Rule adopted amending section Trans 315.03 (1) (a) and (c) , relating to safety belt medical use exemption.
    Finding of Emergency
    The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public health and safety. Current federal law at 23 USC 406 provides safety belt performance grants to a state that has in effect and is enforcing a conforming primary safety belt use law for all passenger motor vehicles. A grant of federal funds estimated at roughly $15,000,000 are available if this state is eligible on or before September 30, 2009; a secondary grant based on "share of unallocated funds," estimated at not more than $1,000,000, may be available if this state is eligible on or before June 30, 2009. The Wisconsin Legislature is currently deliberating a primary safety belt use law as part of the executive biennial budget bill, 2009 Assembly Bill 75, with the aim of qualifying for safety belt performance grants. Were the law timely enacted, this state could remain ineligible for safety belt performance grants because Department rules allow persons other than physicians to grant medical exemptions from safety belt use requirements. Immediate action is necessary to avoid forfeiting approximately $16,000,000 in federal funds for highway safety activities. Increased use of safety belts has been shown to reduce the severity of injuries sustained in motor vehicle collisions, and limiting the medical use exemption to physicians would increase use of safety belts.
    Publication Date:   June 25, 2009
    Effective:   June 25, 2009 through
      November 21, 2009
    Hearing Date:   September 8, 2009
    Veterans Affairs
    EmR0911 — Rule adopted to revise section VA 2.01 , relating to the assistance to needy veterans grant program.
    Finding of Emergency
    The Wisconsin Department of Veterans Affairs 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 facts constituting the emergency is: The economic recession in effect for the last fiscal year has adversely affected the veteran population. Many veterans have lost their employment or had their scope of employment reduced. In addition to losing employment, many veterans have seen their health care reduced or eliminated. In order to serve the largest population of veterans and ensure minimal health care for that population, the department is requesting emergency rules to define "vision care and to limit the eligibility, by available funding, for "dental care", "hearing care", and "vision care". These eligibility limitations, which address the cost, type and frequency of care available under the program, will allow more veterans in need to access the limited resources of this program.
    Publication Date:   July 1, 2009
    Effective:   July 1, 2009 through
      November 27, 2009
    Hearing Date:   August 14, 2009