2.
EmR0931
— Rule adopted creating Chapter
Comm 136
, relating to midwestern disaster area bonds.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public welfare. The facts constituting the emergency are as follows.
Between June 14 and July 9, 2008, thirty Wisconsin counties were declared major disaster areas by the President as a result of severe storms, tornados or flooding in 2008 that caused extensive damage to communities, residents, businesses, the economy and critical infrastructure. Subsequently, the federal Heartland Disaster Tax Relief Act of 2008 was enacted, authorizing the Governor of Wisconsin to designate up to $3,830,112,000 in Qualified Midwestern Disaster Area Bonds, which must be issued before January 1, 2013, for the purpose of encouraging economic development and recovery in the 30 counties.
To implement the provisions this federal Act, Governor Jim Doyle issued Executive Order #288, directing the Department to promulgate rules for allocating Wisconsin's Qualified Midwestern Disaster Area Bonding Authority, and including the necessary provisions to ensure that bonds are allocated to eligible projects on the basis of providing assistance to areas in the order in which the assistance is most needed. This rule is the result of that directive.
Publication Date:
November 9, 2009
Effective:
November 9, 2009 through
April 7, 2010
Corrections
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
Health Services
Medical Assistance, Chs. DHS 101—
Health, Chs. DHS 110—
EmR0932
— Rule adopted revising
Chapters
DHS 105
,
106
and
133
, relating to personal care agencies and providers, and affecting small businesses.
Exemption From Finding of Emergency
The legislature by
2009 Wis. Act 28
, Section
9122 (2)
, provides an exemption from a finding of emergency to adopt these emergency rules.
Publication Date:
December 16, 2009
Effective:
December 16, 2009
through May 14, 2010
Hearing Date:
February 3, 2010
(See the Notice in this Register)
Health Services
Health, Chs. DHS 110—
EmR0928
— Rule adopted to revise
Chapter
DHS 163
, relating to requirements for conducting lead-safe renovation activities in pre-1978 housing and child-occupied facilities, and affecting small businesses.
Finding of Emergency
The Department of Health Services (department) finds that an emergency exists and that the adoption of an emergency rule is necessary for the continuity of regulations relating to lead hazard exposure in Wisconsin. The facts constituting the emergency are as follows:
Under ch.
DHS 163
, the department, as Wisconsin's public health agency, regulates lead hazard reduction and lead management activities in pre-1978 housing (target housing) and child-occupied facilities. The rules include standards for certification of individuals and companies conducting these activities, accreditation of lead training courses and approval of instructors, and work practices. In addition to the department's authority under chs.
250
and
254
, Stats., to regulate lead hazards, the department has authorization from the Environmental Protection Agency (EPA) to regulate lead hazard reduction and management activities in lieu of the EPA administering federal regulations in Wisconsin.
On April 22, 2008, the EPA issued rules under
40 CFR 745
to
establish requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; and for renovation work practices (and associated recordkeeping requirements)
that disturb paint in target housing and child-occupied facilities.
Under the EPA regulations, beginning on April 22, 2010, persons who perform renovation activities for compensation, including repair and painting activities, that disturb paint in target housing and child-occupied facilities must be certified, properly trained, and follow specific work practices to prevent lead contamination. The EPA will begin accepting applications for certification from individuals and companies on October 22, 2009.
States that promulgate rules that conform to the EPA standards on or before October 22, 2009, may accept applications for certification in lieu of the EPA. Otherwise, on October 22, 2009, the EPA will begin accepting these applications and the associated fees from Wisconsin companies and individuals. Such an occurrence may cause confusion among the regulated community and property owners, and would impede the department's ability to continue to administer a viable lead hazard reduction program if covered persons begin complying with the EPA certification requirements before state requirements are implemented. Promulgating rules before October 22, 2009, will help to avoid any unnecessary complexity for covered persons that may be caused by overlapping state and federal regulations that address lead-based paint hazards in target housing and child-occupied facilities.
Publication Date:
October 16, 2009
Effective:
October 19, 2009
through March 17, 2010
Hearing Date:
November 18, 2009
Insurance (5)
1.
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
Hearing Date:
December 8, 2009
2.
EmR0923
— Rule adopted to create
section
Ins 3.36
, Wis. Adm. Code, relating to treatment of autism spectrum disorders and affecting small business.
Exemption From Finding of Emergency
The Commissioner of Insurance pursuant to s.
632.895 (12m) (f) 2.
, Stats., need not find that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety or welfare.
Specifically, s.
632.895 (12m) (f)
, Wis. Stats., requires the commissioner to define "intensive-level services," "nonintensive-level services," "paraprofessional," and "qualified" for purposes of providing services under this subsection. The statute further authorizes that the commissioner may promulgate rules governing the interpretation or administration of this subsection.
Publication Date:
September 26, 2009
Effective:
September 26, 2009
through February 22, 2010
Hearing Date:
December 2, 2009
3.
EmR0925
— Rule adopted to create
section
Ins 3.75
, relating to continuation of group health insurance policies.
Exemption From Finding of Emergency
(4)
Continuation coverage rules.
(a) Notwithstanding section
632.897
of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24
of the statutes. Notwithstanding section
227.24 (1) (c)
of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2)
of the statutes. Notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph
. [Emphasis Added]
Publication Date:
October 1, 2009
Effective:
October 2, 2009
through October 1, 2010
Hearing Date:
December 8, 2009
4.
EmR0927
— Rule adopted to create
Chapter
Ins 57
, relating to care management organizations and affecting small business.
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:
Beginning January 1, 2010, care management organizations are required to obtain a permit from the commissioner to provide services under the Family Care program. In order to ensure no gap in services to enrollees, organizations and the office need to complete and accept applications for permits prior to January 1, 2010. Promulgation of this rule will permit the timely filing and review of permittees.
Publication Date:
October 9, 2009
Effective:
October 10, 2009
through March 10, 2010
Hearing Date:
December 3, 2009
5.
EmR0930
— Rule adopted to create
section
Ins 3.34
, relating to insurance coverage of dependents to age 27 and affecting small business.
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: the Commissioner is aware that insurers, employers and consumers are interpreting the state mandate inconsistently so without this rule consumers will not be treated similarly when the law becomes effective on January 1, 2010; the Commissioner has received numerous inquiries from insurers, consumers and employers seeking clarity of terms and guidance on interpretation and implementation of the law as many employers are entering open enrollment for the 2010 plan year.
These changes will be effective the day following publication in the official state newspaper and a permanent rule will start the permanent rule process to achieve uniformity in interpretation therefore protecting the public, informing employers, and guiding insurers in the state.
Publication Date:
October 30, 2009
Effective:
October 31, 2009 through
March 29, 2010
Hearing Date:
January 14, 2010
(See the Notice in this Register)
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
Hearing Date:
November 4, 2009
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
Public Defender Board
EmR0926
— Rule adopted to create
Chapter
PD 8
, Discovery Payments, relating to the maximum fees that the state public defender may pay for copies of discovery materials in criminal proceedings, proceedings under Chapter
980
, Wis. Stats., and other proceedings in which the state public defender provides legal representation.
Finding of Emergency
These rules are promulgated under s.
227.24 (1) (a)
, Stats., because the magnitude of the shortfall in the state public defender's appropriation for transcripts, discovery, and interpreters in both years of the current biennium constitutes an emergency that requires implementation of a rule earlier than a permanent rule could take effect if the agency were to comply with the applicable notice, hearing, legislative- review, and publication requirements.
The state public defender was initially provided a base budget of $60,000 in 1995 for discovery payments, which at that time consisted mostly of photocopies and some photographs. In the 1999-2001 budget act, this appropriation was increased to $150,000, based on a presumptive rate for photocopies of $0.20 per page. In the 2001-2003 biennial budget act, this appropriation was subjected to a five percent funding reduction, leaving a base budget for discovery payments of $142,500.
The public defender received discovery bills totaling $717,000 for the fiscal year that ended June 30, 2009. Although discovery costs are caseload driven, this represents a nearly five-fold increase since 2001 and is due primarily to two factors. First, in the past many counties and municipalities did not bill the state public defender for copies of discovery materials. Because local budgets have come under increasing pressure, most now do so. Second,
2005 Wisconsin Act 60
resulted in more widespread use of audio and video recordings of interrogations by law enforcement, copies of which must be provided to the defense.
The public defender board's requests for cost-to-continue budget increases for discovery payments in 2007-2009 and in 2009-2011 were not funded. Instead, the FY 2009-2011 budget act reduced this appropriation by 1%, leaving a base budget of $141,100, and directed the board to promulgate rules to address the funding shortfall.
Publication Date:
October 3, 2009
Effective:
October 3, 2009 through
March 1, 2010
Hearing Date:
November 16, 2009
Public Instruction (3)
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
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
3.
EmR0933
— Rule adopted to create
Chapter
PI 39
,
relating to grants for tribal language revitalization.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The tribal language revitalization grant program under s.
115.745
, Stats., was created under
2009 Wisconsin Act 28
. The Act became effective June 30, 2009, and appropriated $247,500 annually beginning in the 2009-10 school year. In order for school districts to develop applications and for the department to review the applications and grant awards in time for the program to operate in the second semester of the school year, rules must be in place as soon as possible to establish application criteria and procedures.
Publication Date:
December 15, 2009
Effective:
December 15, 2009
through May 13, 2010
Hearing Date:
January 15, 2010
(See the Notice in this Register)
Public Service Commission
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
Hearing Date:
December 2, 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
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 (4)
1.
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
2.
EmR0924
— Rule adopted revising
Chapter
Tax 11
, relating to sale and use tax.
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 changes made by the emergency rule must be effective October 1, 2009, to be in conformity with the Streamlined Sales and Use Tax Agreement. In order to meet this deadline, it is necessary to promulgate this rule as an emergency rule.
Publication Date:
September 30, 2009
Effective:
October 1, 2009 through
February 27, 2010
Hearing Dates:
December 1 and 15, 2009
3.
EmR0929
— Rule adopted to create sections
Tax 2.85
and
11.90
, relating to failure to produce records.
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 emergency rule is to reflect changes in Wisconsin's tax laws due to the adoption of penalties for failure to produce records.
It is necessary to promulgate this rule order to provide guidance so that the penalties can be administered in a fair and consistent manner.
Publication Date:
October 19, 2009
Effective:
October 19, 2009 through
March 17, 2010
Hearing Dates:
December 10 and 21, 2009
4.
EmR0935
— Rule adopted to create
section
Tax 1.16
, relating to the financial record matching program.
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 emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of the financial record matching program.
It is necessary to promulgate this rule order to provide procedures so that the program can be administered in a fair and consistent manner.
Publication Date:
December 22, 2009
Effective:
December 22, 2009
through May 20, 2010
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
Extension Through:
January 26, 2010
Hearing Date:
August 14, 2009
