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
EmR1012
— Rule adopted to create
section
ATCP 70.03 (7) (e)
and
(f)
, relating to food processing plant license exemptions for certain home-canners and maple sap processors.
Finding of Emergency
(1)
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers state food processing plant license requirements under s.
97.29
, Stats.
(2) Recent legislation (
2009 Act 101
, enacted on February 4, 2010) created a limited exemption from food processing plant license requirements under s.
97.29
, Stats., for persons who home-can limited quantities of acidic, acidified or fermented vegetable and fruit products for retail sale at community and social events or at farmers' markets.
(3)
Home-canned food products, if not properly canned, may pose a risk of serious food safety hazards such as botulism.
(4) DATCP has received many requests for clarification of the new license exemption under Act 101. In order to facilitate compliance and protect consumers from potentially serious food safety hazards, DATCP must adopt administrative rules to clarify the scope, application and terms of the new license exemption.
(5) Implementing rules are urgently needed because of the seriousness of the potential food safety hazards, and the seasonal nature of the farmers' markets and other events at which home-canned products may be sold. The normal rulemaking process takes over a year to complete, and cannot be completed in time for this summer's farmers' markets (which begin as early as mid-April or May). Persons who wish to sell home-canned food products must clearly understand the scope of the license exemption, and the food safety standards that must be met in order to qualify.
(6) This temporary emergency rule clarifies the scope, application and terms of the new license exemption under Act 101, pending the completion of "permanent" rules by the normal rulemaking process. This emergency rule is needed to protect the public health, safety and welfare, and to facilitate fair and orderly implementation of the new license exemption.
(7) This emergency rule also exempts, from food processing plant license requirements under s.
97.29
, Stats., a person who collects and processes relatively small quantities of maple sap to produce maple syrup or concentrated maple sap for sale to other processors for further processing. These small-scale processing activities pose minimal food safety risks, and the current license requirement imposes an unnecessary cost and compliance burden. An emergency rule is needed to relieve these cost and compliance burdens for the maple sap collection and processing season that typically begins in March. This emergency rule creates a temporary license exemption, pending the completion of "permanent" rules by the normal rulemaking process. This emergency rule clearly defines the scope, application and terms of the exemption, in order to protect public health, safety and welfare.
Publication Date:
April 22, 2010
Effective Dates:
April 22, 2010 through
September 18, 2010
Hearing Date:
May 25, 2010
Children and Families
Safety and Permanence, Chs. DCF 37-59
EmR0937
— Rule adopted revising
Chapters
DCF 56
and
58
, relating to foster care and kinship care.
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:
2009 Wisconsin Act 28
assumes that court-ordered kinship care relatives will be applying for a license to operate a foster home beginning after January 1, 2010, and continuing throughout 2010. This rule creates the first two levels of the new levels of care system for foster care. The newly-licensed kinship care relatives will be incorporated into the foster care program. Licensing these relatives will allow the state to claim an additional $6.5 million in Title IV-E funds for 2010. Act 28 appropriates this $6.5 million to be expended in 2011.
Publication Date:
December 30, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
Extension Through:
July 29, 2010
Hearing Dates:
March 17, March 31,
April 8, 2010
Children and Families
Family and Economic Security, Chs. DCF 101-153
EmR1024
— Rule adopted creating
Chapter
DCF 110
, relating to transitional jobs for low-income adults.
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:
Initial funding for the transitional jobs demonstration project will come from the Temporary Assistance to Needy Families (TANF) Emergency Contingency Fund under the American Recovery and Reinvestment Act of 2009. Spending for subsidized employment is one of the ways that the state can earn additional federal dollars under the TANF Emergency Contingency Fund. The deadline for earning the additional federal dollars is September 30, 2010.
Publication Date:
June 30, 2010
Effective Dates:
July 1, 2010 through
November 27, 2010
Hearing Date:
August 5, 2010
Children and Families (2)
Early Care and Education, Chs. DCF 201-252
1.
EmR1015
— Rule adopted revising
Chapter
DCF 201
,
relating to authorized hours of subsidized child care and affecting small businesses.
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:
Publication Date:
May 17, 2010
Effective Dates:
May 17, 2010 through
October 13, 2010
Hearing Date:
June 17, 2010
2.
EmR1027
— Rule adopted revising
Chapter
DCF 201
,
relating to child care subsidy program integrity.
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 Department of Children and Families has determined that significant disparities currently exist between DCF 201 and the intent of
2009 Wisconsin Acts 28
and
77
regarding Wisconsin Shares program integrity efforts. The recent efforts of the legislature and the department to address child care fraud and program integrity are estimated to save $100 million over the course of the biennium. Currently over $7.1 million of child care provider overpayments have yet to be collected due to the lack of authority to use basic collections practices such as tax intercept, wage levy, and property liens. This rule will permit the department to more aggressively collect on these debts, strengthen the department's ability to further tighten requirements for child care providers wishing to do business with the Wisconsin Shares program, and better enforce the rules of the program. These changes will result in continued fiscal savings as well as ensure better quality child care for the children of Wisconsin.
Publication Date:
July 9, 2010
Effective Dates:
July 9, 2010 through
December 5, 2010
Hearing Date:
August 6, 2010
Commerce
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.
2.
Under the Act, the department is to establish by rule uniform characteristics for no smoking signs.
3.
Under the Act, the responsibilities of person in charge of a public conveyance or at a location where smoking is prohibited include the posting of no smoking signs.
4.
The department believes that the emergency rules are necessary in order to clarify the minimum no smoking sign characteristics so that persons in charge may fulfill the statutory obligations.
Publication Date:
June 28, 2010
Effective Dates:
July 5, 2010 through
December 1, 2010
Hearing Date:
July 26, 2010
Commerce (4)
Financial Resources for Businesses and Communities, Chs. Comm 104—
1.
EmR1006
— Rule adopted to create
Chapter
Comm 137
,
relating to reallocations for recovery zone facility bonds as established under the federal American Recovery and Reinvestment Act of 2009, and affecting small businesses.
Exemption From Finding of Emergency
The Legislature, by Section 5 (1) (b) in
2009 Wisconsin Act 112
, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
March 5, 2010
Effective Dates:
March 5, 2010 through
August 1, 2010
(subject to
2009 Wis. Act 112
, s.
5
)
Hearing Date:
May 13, 2010
Hearing Date:
May 26, 2010
2.
EmR1013
— Rule adopted to create
Chapter
Comm 121
, relating to the small business innovation research assistance program, and affecting small businesses.
Exemption From Finding of Emergency
The Legislature, by Section
9110 (16u)
of
2009 Wisconsin Act 28
, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
April 21, 2010
Effective Dates:
April 21, 2010 through
September 17, 2010
Hearing Date:
June 11, 2010
3.
EmR1019
—Rule adopted to create
Chapter
Comm 135
, relating to tax credits for investments in food processing plants and food warehouses.
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. Under sections
71.07 (3rm)
,
71.28 (3rm)
and
71.47 (3rm)
of the Statutes, as created in
2009 Wisconsin Act 295
, a taxpayer may claim a tax credit for investments in food processing plants and food warehouses during taxable years beginning after December 31, 2009.
Section
560.2056 (4)
of the Statutes, as likewise created in
2009 Wisconsin Act 295
, requires the Department to (1) implement a program for certifying taxpayers as eligible for the food processing plant and food warehouse investment credit, (2) determine the amount of credits to allocate to those taxpayers, and (3) in consultation with the Department of Revenue, promulgate rules to administer the program. No other provisions are established in the Statutes regarding the specific process for taxpayers to use in applying for the credits, and for the Department of Commerce to use in certifying eligible taxpayers and in allocating the credits.
Because of enactment of
2009 Wisconsin Act 295
, a number of entities that may be eligible for the tax credits have contacted the Department with inquiries concerning the process for applying for the credits, for expenditures that have been or will be incurred during taxable years that began after December 31, 2009. In addition, section
71.07 (3rm)
of the Statutes includes a $1,000,000 tax-credit allocation that became available on May 27, 2010, and expires on June 30, 2010.
Although the Department of Commerce has begun promulgating the permanent rule that is required by
2009 Act 295
, the time periods in chapter 227 of the Statutes for promulgating permanent rules preclude the permanent rule from becoming effective in time to accommodate allocating the tax credits for the 2009-10 fiscal year. This emergency rule will enable the Department of Commerce to establish an application, certification, and tax credit allocation process for the entities that will be eligible for the allocation that expires on June 30, 2010.
Publication Date:
June 8, 2010
Effective Dates:
June 8, 2010 through
November 4, 2010
Hearing Date:
August 17, 2010
4.
EmR1026
— Rule adopted creating
Chapter
Comm 139
, relating to rural outsourcing grants.
Exemption From Finding of Emergency
The Legislature, by Section
45 (1) (b)
of
2009 Wisconsin Act 265
, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
July 2, 2010
Effective Dates:
July 2, 2010 through
November 28, 2010
Corrections
EmR0939
— Rule adopted revising
Chapter
DOC 302
, relating to sentence calculations and prison release and to administrative review of inmate classification decisions.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that emergency rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 Wisconsin Act 28
, the legislature provides for the release of inmates from prison if certain criteria are met. The Department is responsible for implementing several of those procedures. Specifically, the department is responsible for implementing the early release programs under: (1) s PAT (2) ERP/CIP (3) CER (4) Risk reduction (5) 75%/85%. In addition, the department is revising section 302.18 to facilitate the review of inmates for purposes of early release.
If the rule is not created promptly and immediately, the Department will not be able to proceed in reviewing inmates under these various release procedures. This could result in significant delay in the implementation of the statutory provisions which will negatively impact the ability of the Department to manage the inmate population in a safe and effective manner. In addition, a delay will affect the management and control of inmate population levels of correctional facilities with the resources necessary to maintain public safety.
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 for a prompt implementation of the legislative mandates concerning the release of inmates meeting established criteria while the permanent rules are being developed.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Extension Through:
July 28, 2010
Hearing Date:
February 25, 2010
Earned Release Review Commission
(Formerly Parole Commission)
EmR0940
— Rule adopted revising
Chapter
PAC 1
,
relating to the release of inmates through parole or other procedures.
Finding of Emergency
The Wisconsin Earned Release Review Commission finds that an emergency exists and that emergency rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 Wisconsin Act 28
, the legislature provides for the release of inmates from prison if certain criteria are met. The Earned Release Review Commission (formerly the Parole Commission) is responsible for implementing several of those procedures. Specifically, the commission is responsible for considering the early release of inmates under: (1) section
304.06 (1) (bg)1.
and
2.
, Stats., after the inmate has served the term of confinement of their bifurcated sentence less positive adjustment time, (2) section
304.06 (1) (bg) 3.
and
4.
, Stats., after the inmate has served either 75 % or 85 % of their term of confinement, depending on the offense for which the inmate was sentenced, and (3) section
302.1135 (2) (a)
,
(b)
, and
(c)
, Stats., based on age or extraordinary health.
If the rule is not created promptly and immediately, the commission will not be able to proceed in reviewing inmates under these various release procedures. This could result in significant delay in the implementation of the statutory provisions which will negatively impact the ability of the department of corrections to manage the inmate population in a safe and effective manner. In addition, a delay will affect the management and control of inmate population levels of correctional facilities with the resources necessary to maintain public safety.
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
Extension Through:
July 28, 2010
Hearing Date:
February 23, 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 (4)
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
January 7, 2011
(corrected)
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
4.
EmR1020
— Rule adopted to revise
Chapter
Ins 17
, relating to annual injured patients and families compensation fund fees and medical mediation panel fees for the fiscal year beginning July 1, 2010, and may have an effect on 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:
These changes must be in place with an effective date of July 1, 2010 for the new fiscal year assessments. The fiscal year fees were established by the Board of Governors at a meeting on May 18, 2010.
Publication Date:
June 15, 2010
Effective Dates:
June 15, 2010
through November 11, 2010
Hearing Date:
July 19, 2010
Natural Resources (2)
Fish, Game, etc., Chs. NR 1—
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
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. Deer populations are well below goal in much of northeast Wisconsin, causing great concern from hunters and others who value deer. This rule is one of the ways the department is trying to rebuild the populations there. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to approximately 250,000 archery deer hunters prior to the start of the season. These regulations must be legally in effect prior to printing nearly 1 million copies of the regulations publication. The timeline for the permanent version of this rule will not have it in effect in time for these deadlines.
Publication Date:
July 8, 2010
Effective Dates:
July 8, 2010 through
December 4, 2010
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs. NR 600—
EmR1007
—
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 provide a finding of emergency.
Publication Date:
March 17, 2010
Effective Dates:
March 17, 2010 through
July 1, 2011
Hearing Date:
April 26, 2010
Public Instruction (3)
1.
EmR1018
— Rule adopted to create
Chapter
PI 45
, relating to the use of race-based nicknames, logos, mascots, and team names by school boards.
Finding of Emergency
Pursuant to Section 3 of the nonstatutory provisions of
2009 Wisconsin Act 250
, 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:
June 1, 2010
Effective Dates:
June 1, 2010 through
October 28, 2010
Hearing Date:
July 29, 2010
2.
EmR1021
— Rule adopted to create
section
PI 35.07
,
relating to establishing a temporary, nonrenewable waiver from the requirement that a teacher have a bachelor's degree in order to teach in a private school under the Milwaukee Parental Choice Program.
Exemption From Finding of Emergency
Pursuant to Section 9139 (4r) 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:
June 16, 2010
Effective Dates:
June 16, 2010 through
November 12, 2010
Hearing Date:
July 12, 2010
3.
EmR1023
— Rule adopted creating
Chapter
PI 43
, relating to education reform.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
2009 Wisconsin Act 215
requires the state superintendent to promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state. The Act became effective May 14, 2010 and review by the various interest groups was completed June 18, 2010. Rules must be in place as soon as possible to establish identification criteria prior to the upcoming school year.
Publication Date:
June 28, 2010
Effective Dates:
June 28, 2010 through
November 24, 2010
Hearing Date:
July 27, 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 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
Technical College System Board
EmR1025
— Rule adopted to amend
Chapter
TCS 17
, relating to training program grant funds.
Finding of Emergency
The Wisconsin Technical College System Board 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 an emergency is:
In May 2010, the Wisconsin C.O.R.E. Jobs Act provided an additional $1 million 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 WTCS Board is required to award these funds by June 30, 2011, the end of the current 2009-11 biennium. In addition, s.
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 the sustained decline in economic conditions and reduction in 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:
July 2, 2010
Effective Dates:
July 2, 2010 through
November 28, 2010
Transportation
EmR1017
— Rule adopted to create
section
Trans 100.25
,
relating to mandatory insurance exemptions.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public health and welfare. A statement of the facts constituting the emergency is the requirements of the mandatory insurance laws in Chapter
344
, Stats., as created by
2009 Wis. Act 28
, contain exceptions to furnishing proof of a motor vehicle liability insurance policy. This emergency rule defines the administration of those exceptions. These mandatory insurance requirements, and the exceptions, are effective June 1, 2010, thereby necessitating an emergency rule being put into place until the effective date of the permanent rule. Clarification of the mechanism to be used to qualify for an exception under the new statute will be useful to persons wishing to file for an exception. Persons whose religious beliefs preclude them from buying insurance will benefit from this rule making.
Publication Date:
June 1, 2010
Effective Dates:
June 1, 2010 through
October 28, 2010
Hearing Date:
June 24, 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
