EmR1022 Creates s. Comm 62.0400 (5), relating to no smoking signs.  

  • Extension Through:   September 27, 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:
    2009 Wisconsin Act 28 assumes that implementation of s. 49.155 (6g) , Stats., will save an estimated $9 million over the 2009-2011 biennium.
    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
    EmR1022 — Rule adopted creating s. Comm 62.0400 (5) , relating to no smoking signs.
    Finding of Emergency
    The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
    1.   Implementation of 2009 Wisconsin Act 12 , s. 101.123 , Stats., is to take effect July 5, 2010.
    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.   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
    2.   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
    3.   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
    4.   EmR1029 — Rule adopted to repeal and recreate 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:   July 23, 2010
    Effective Dates:   July 23, 2010 through
      December 19, 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:   September 26, 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:   September 26, 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
    Health, Chs. DHS 110—
    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
    Under 2009 Wisconsin Act 11 , section 9126 , a Finding of Emergency is not required for this emergency rule. The relevant portion of 2009 Act 11 reads as follows:
    2009 Wisconsin Act 11 , SECTION 9126. 0 Nonstatutory provisions; Insurance.
    (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
    Under 2009 Wisconsin Act 11 , section 9126 , a Finding of Emergency is not required for this emergency rule. The relevant portion of 2009 Act 11 reads as follows:
    2009 Wisconsin Act 11 , SECTION 9126 . 0 Nonstatutory provisions; Insurance.
    (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
    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.)
    Extension Through:   October 3, 2010
    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
    Military Affairs
    EmR1030 — Rule adopted to create Chapter DMA 1 , relating to military family financial aid.
    Exemption From Finding of Emergency
    Under 2009 Wisconsin Act 28 , section 9136 , a Finding of Emergency is not required for this emergency rule. The relevant portion of 2009 Act 28 reads as follows:
    2009 Wisconsin Act 28 , Section 9136 . Nonstatutory provisions; Military Affairs.
    (2c) EMERGENCY RULE; MILITARY FAMILY FINANCIAL AID. Using the procedure under section 227.24 of the statutes, the department of military affairs shall promulgate the rules described under section 321.45 (2) of the statutes, as created by this act, for the period before the permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) , (2) (b) , and (3) of the statutes, the department of military affairs is not required to provide evidence that promulgating a rule under this subsection 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 the rules promulgated under this subsection. [Emphasis added]
    Publication Date:   July 26, 2010
    Effective Dates:   July 26, 2010 through
      December 22, 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
    2.   EmR1028 — Rule adopted to amend s. NR 10.104 (7) (a) , relating to the use of archery deer hunting licenses.
    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
    Hearing Date:   August 30, 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 289.67 (2) (de) , Stats., as created by 2009 Wisconsin Act 28 (the 2009-2011 biennial budget bill), requires the department to promulgate by rule definitions of "large quantity generator" and "small quantity generator" for purposes of the hazardous waste generator fees established by s. 289.67 (2) (b) 1. , Stats., as amended by 2009 Wisconsin Act 28 .
    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 (4)
    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
    2.   EmR0828 — Rules adopted to amend s. RL 181.01 (2) (c) ; and to create ss. RL 180.02 (1m) , (3m) and (11) , 181.01 (1) (d) , (2) (c) 1. and 2. , relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
    Exemption From Finding of Emergency
    Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement 2007 Wisconsin Act 104 . Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
    Publication Date:   September 10, 2008
    Effective Dates:   September 10, 2008
      through the date on which
      the final rules take effect
    Hearing Date:   November 26, 2008
    3.   EmR1031 — Rule adopted revising Chapters RL 110 to 116 , relating to the regulation of professional boxing contests.
    Exemption From Finding of Emergency
    The Department of Regulation and Licensing, pursuant to 2009 Wisconsin Act 111 , is not required to provide evidence 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:   August 25, 2010
    Effective Dates:   September 1, 2010 through
      January 28, 2011
    Hearing Date:   September 20, 2010
    (See the Notice in this Register)
    4.   EmR1032 — Rule adopted creating Chapters RL 192 to 196 , relating to the regulation of mixed martial arts sporting events.
    Exemption From Finding of Emergency
    The Department of Regulation and Licensing, pursuant to 2009 Wisconsin Act 111 , is not required to provide evidence 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:   August 26, 2010
    Effective Dates:   September 1, 2010 through
      January 28, 2011
    Hearing Date:   September 20, 2010
    (See the Notice in this Register)
    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