The purpose of the emergency rule is to implement newly created statutory provisions providing for release of inmates under specified circumstances. 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 the legislatively recognized need to review inmates who meet the requirements under the statutes for potential release while the permanent rules are being developed.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Hearing Date:
February 23, 2010
Employee Trust Funds
EmR0938
— Rule adopted revising
Chapters
ETF 10
,
20
and
40
, relating to the implementation of benefit changes mandated in
2009 Wisconsin Act 28
; specifically, domestic partner benefits and the expansion of health insurance coverage to adult dependents up to the age of 27 years.
Finding of Emergency
The Department of Employee Trust Funds finds that an emergency exists and that emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
ETF cannot promulgate a permanent rule in compliance with the mandated changes by January 1, 2010, which is the effective date of the domestic partnership and the health insurance provisions of
2009 Wisconsin Act 28
. Without an emergency rule in place, the ability of ETF to enroll and cover participants' domestic partners and to provide health insurance to adult dependents would be seriously impaired. ETF would be unable to provide health insurance and other benefits to domestic partners and adult dependents.
Publication Date:
December 28, 2009
Effective Dates:
January 1, 2010
through May 30, 2010
Hearing Date:
February 12, 2010
Government Accountability Board
EmR1016
— Rule adopted to create
section
GAB 1.91
,
relating to organizations making independent disbursements.
Finding of Emergency
Pursuant to s.
227.24
, Stats., the Government Accountability Board finds an emergency exists as a result of the United States Supreme Court decision
Citizens United v. FEC
, 558 U.S. ___, (No. 08-205)(January 21, 2010). Within the context of ch.
11
, Stats, the rule provides direction to organizations receiving contributions for independent disbursements or making independent disbursements. Comporting with
Citizens United,
this emergency rule order does not treat persons making independent disbursements as full political action committees or individuals under s.
11.05
, Stats., for the purposes of registration and reporting. With respect to contributions or in-kind contributions received, this emergency rule order requires organizations to disclose only donations "made for" political purposes, but not donations received for other purposes.
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 registration, reporting and disclaimer requirements for organizations receiving contributions for independent disbursements or making independent disbursements so that the campaign finance information is available to voters. The rule must be adopted immediately to ensure the public peace and welfare with respect to the administration of current and future elections.
Publication Date:
May 20, 2010
Effective Dates:
May 20, 2010 through
October 16, 2010
Health Services (2)
Health, Chs. DHS 110—
1.
EmR1004
— Rule adopted to create
sections
DHS 195.145
and
197.145
, relating to carbon monoxide detectors in hotels, motels, tourist rooming houses and bed and breakfast establishments, and affecting small businesses.
Finding of Emergency
DHS 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:
Section
101.149 (2)
and
(3)
, Stats., requires the owners of lodging establishments, including hotels, tourist rooming houses, and bed and breakfast establishments that were constructed on or before October 1, 2008, or had plans reviewed by the department of commerce before October 1, 2008, to, not later than April 1, 2010, install carbon monoxide detectors in every residential building that has a fuel-burning appliance, unless, pursuant to s.
101.149 (5)
, Stats., the building does not have an attached garage and all fuel-burning appliances in the building have sealed combustion units that are either covered by the manufacturer's warranty against defects or are inspected under rules promulgated by DHS.
Section
254.74 (1) (am)
, Stats., requires DHS to promulgate rules under which DHS would conduct inspections of sealed combustion units for carbon monoxide emissions, and rules that specify the conditions under which DHS may issue orders to correct violations of s.
101.149 (2)
or
(3)
, Stats.
Publication Date:
March 1, 2010
Effective Dates:
April 1, 2010 through
August 28, 2010
Hearing Dates:
April 21, 23, 27, 28, 30, 2010
2.
EmR1009
— Rule adopted to revise
Chapter
DHS 137
, relating to anatomical gifts and the Wisconsin Donor Registry.
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:
There are over 105,000 people in the United Sates on the national waiting list for organ transplants including 1,500 in Wisconsin. Due to the limited availability of organs for transplantation, 18 people die each day in the United States.
As part of Wisconsin's response to the need for increased organ and tissue donation, the department, as authorized under s.
157.06 (20)
, Stats., has established the Wisconsin Donor Registry (Donor Registry).
The Donor Registry will make it easier for Wisconsin residents to become donors and for procurement organizations to identify donors, and thus it should increase the supply of available organs and tissues, which may save the lives of persons awaiting transplant.
Promulgating the rules for the Donor Registry as emergency rules will enable department-authorized procurement organizations to quickly determine whether a person who is at or near death has a record of gift. In addition, the Donor Registry makes it possible for individuals to immediately make anatomical gifts.
The Donor Registry will become available for use by the public upon the effective date of these emergency rules and may be accessed by the public at
yesIwillwisconsin.com
. Substantially identical permanent rules are being proposed concurrent to this emergency order.
Publication Date:
March 29, 2010
Effective Dates:
March 29, 2010 through
August 25, 2010
Hearing Date:
May 5, 2010
Insurance (3)
1.
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 Dates:
October 2, 2009
through October 1, 2010
Hearing Date:
December 8, 2009
2.
EmR0945
— Rule adopted revising
section
Ins 3.75
, relating to the 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:
January 7, 2010
Effective Dates:
January 8, 2010
through June 6, 2010
Hearing Date:
May 5, 2010
3.
EmR1005
— A rule adopted creating
section
Ins 3.36
, 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.
Publication Date:
March 8, 2010
Effective Dates:
March 8, 2010
through August 4, 2010
(subject to s.
632.895 (12m) (f)
, Stats.)
Hearing Date:
May 26, 2010
Natural Resources
Fish, Game, etc., Chs. NR 1—
EmR1014
— Rule adopted to create
section
NR 45.13 (1m) (d)
, relating to the establishment of a slow-no-wake zone on the Wisconsin River at the Dells of Wisconsin River state natural area.
Finding of Emergency
The Department of Natural Resources finds that and 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: Based on information received by the Department, user conflicts are increasing. Failure to enact this rule could lead to additional boating accidents and potential for injury during the upcoming high use season.
Publication Date:
May 20, 2010
Effective Dates:
May 20, 2010 through
October 16, 2010
Hearing Date:
June 22, 2010
(See the Notice in this Register)
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 Dates:
August 28, 2009 through
January 24, 2010
Extension Through:
May 24, 2010
Hearing Date:
April 15, 2010
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs. NR 600—
EmR1007
—
A rule adopted revising
section
NR 660.10
,
relating to hazardous waste management.
Exemption From Finding of Emergency
Section 9137 (2), a non-statutory provision in
2009 Wisconsin Act 28
, authorizes the department to promulgate the required definitions using emergency rule making procedures, but is not required to provide evidence that promulgating a rule under that subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to
Publication Date:
March 17, 2010
Effective Dates:
March 17, 2010 through
July 1, 2011
Hearing Date:
April 26, 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 Dates:
October 3, 2009 through
March 1, 2010
Extension Through:
June 29, 2010
Hearing Date:
November 16, 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 Dates:
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 Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
Revenue (4)
1.
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 Dates:
October 19, 2009 through
March 17, 2010
Extension Through:
July 15, 2010
Hearing Dates:
December 10 and 21, 2009
2.
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 Dates:
December 22, 2009
through May 20, 2010
Extension Through:
July 19, 2010
Hearing Date:
February 11, 2010
3.
EmR0943
— Rule adopted to revise
Chapter
Tax 2
, relating to apportionment and nexus.
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:
In 2009, the Wisconsin Legislature enacted Acts 2 and 28, both of which contained substantial changes to Wisconsin's corporation franchise and income tax laws. Most of these changes are effective retroactively to taxable years beginning on or after January 1, 2009. Emergency rules are needed to add certainty about the scope and application of the newly enacted statutes as soon as possible so that taxpayers can file their returns accordingly.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Hearing Date:
February 25, 2010
4.
EmR1002
— Rule adopted to create
section
Tax 1.17
, relating to the ambulatory surgical center assessment.
Exemption From Finding of Emergency
Publication Date:
January 19, 2010
Hearing Date:
February 11, 2010
Veterans Affairs
EmR0944
— Rule adopted to amend
section
VA 2.02 (2)
, relating to the veterans tuition reimbursement program.
Finding of Emergency
The Wisconsin Department of Veterans Affairs 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 removal of the existing deadline for completing and receiving an application for the tuition fee reimbursement program has left the department unable to budget the available resources for this program to ensure maximum coverage for eligible veterans throughout the fiscal year. The department is requesting emergency rules to ensure applications can be processed in a responsive manner and to allow the department to properly manage the program's biennial budget and ensure the welfare of all eligible veterans. The emergency rule will address the need for an application deadline while the department completes the promulgation for a permanent rule for the program.
Publication Date:
January 4, 2010
Effective Dates:
January 4, 2010 through
June 2, 2010
Hearing Date:
March 10, 2010
Workforce Development
Labor Standards, Chs. DWD 270-279
EmR1011
— Rule adopted to create
Chapter
DWD 273
, relating to the regulation of traveling sales crews.
Finding of Emergency
The Department of Workforce Development 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 statute which provides for the regulation of traveling sales crews became effective on April 1, 2010. The Department has completed its work on the proposed administrative rule which implements the statute, and submitted the proposed rule in final form for legislative review on April 13, 2010. Putting the provisions of the proposed rule into effect during the legislative review period will allow the Department to take any enforcement action that might be needed if there are complaints during this period about the operation of traveling sales crews without the permits required by statute.
Publication Date:
April 19, 2010
Effective Dates:
April 19, 2010 through
September 15, 2010
Workforce Development (2)
Public Works Construction Contracts,
Chs. DWD 290-294
1.
EmR0941
— Rule adopted to create
section
DWD 290.20
, relating to the thresholds for the requirement of prevailing wage rates.
Finding of Emergency
The Department of Workforce Development 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 most recent state budget legislation,
2009 Wisconsin Act 28
, contained amendments to the state laws which require the payment of prevailing wage rates for work done on projects of public works and , in a new statute, for work done on private projects which receive more than $1,000,000 of public direct financial assistance. The new provisions become effective on January 1, 2010.
The prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with the wage rates established by the determination. Under the law as it existed before the enactment of
2009 Act 28
, a prevailing wage rate determination was required for any project with an estimated cost of at least $48,000 (for a single-trade project) or $234,000 (for a multi-trade project). Act 28 changes these amounts to an estimated project cost of at least $25,000. Act 28 has also created a new statute, s.
66.0904
, Stats., which requires that a private developer obtain and comply with a prevailing wage rate determination for a private project that receives at least $1,000,000 in direct financial assistance from a local governmental unit.
The state and local governmental units and private developers who may be subject to these new requirements of the prevailing wage laws need immediate guidance as to the manner in which the Department will apply the January 1, 2010 effective date to new projects. This rule provides that guidance by establishing that the new threshold requirements will apply to projects for which a request for bids is issued or a contract is negotiated after January 1, 2010.
Publication Date:
December 29, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
2.
EmR0942
— Rule adopted to amend
section
DWD 293.02
, relating to the adjustment of thresholds for payment and performance assurance bond requirements and affecting small businesses.
Finding of Emergency
The Department of Workforce Development 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 adjustment of the thresholds for the application of the project payment and performance assurance bond requirements 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 the need for obtaining bonding 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 rule-making process.
Publication Date:
December 29, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
Hearing Date:
March 31, 2010
