EmR1019 Creates Ch. Comm 135, relating to tax credits for investments in food processing plants and food warehouses.  

  • Section 14m (b) of 2009 Wisconsin Act 335 provides that the department is not required to provide evidence that promulgating a rule under s. 48.625 (1g) , Stats., 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.
    Section 14m (b) also provides that notwithstanding s. 227.24 (1) (c) and (2) , Stats., an emergency rule promulgated under s. 48.625 (1g) , Stats., remains in effect until the permanent rules promulgated under s. 48.625 (1g) , Stats., take effect.
    Publication Date:   September 2, 2010
    Effective Dates:   September 2, 2010 through
      the date permanent rules
      become effective
    Hearing Date:   October 21, 2010
    Children and Families
    Early Care and Education, Chs. DCF 201-252
    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
    Extension Through:   December 31, 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.   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
    Extension Through:   January 3, 2011
    Hearing Date:   August 17, 2010
    2.   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
    Extension Through:   January 27, 2011
    Hearing Date:   October 13, 2010
    3.   EmR1041 — Rule adopted creating Chapter Comm 103 , relating to certification of disabled-veteran-owned businesses, and affecting small businesses.
    Exemption From Finding of Emergency
    The Legislature, by SECTION 101 (1) in 2009 Wisconsin Act 299 , 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:   November 14, 2010
    Effective Dates:   November 15, 2010 through
      April 13, 2011
    4.   EmR1044 — Rule adopted to revise 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:   November 28, 2010
    Effective Dates:   November 28, 2010 through
      April 26, 2011
    Government Accountability Board (2)
    1.   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
    Extension Through:   December 15, 2010
    Hearing Date:   August 30, 2010
    2.   EmR1035 — Rule adopted to repeal and recreate Chapter GAB 4 , relating to observers at a polling place or other location where votes are being cast, counted or recounted.
    Finding of Emergency
    The Government Accountability Board repeals and recreates chapter GAB 4, Election observers, to establish guidelines for election inspectors and observers alike regarding observation by "any member of the public" of the public aspects of the voting process and regarding the conduct of observers at polling places and other locations where observation of the public aspects of the voting process may take place. The 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 the emergency is:
    Pursuant to s. 227.24 , Stats., the Government Accountability Board finds that an emergency exists in the Board's May 5, 2008 decision to decline to reaffirm the administrative rule ElBd 4.01 because the rule was inconsistent with the requirements of its enabling statute, s. 7.41 , Stats. The statute states that any member of the public is allowed to be present at the polls on Election Day to observe; however, it does not specify standards of conduct by which observers must abide.
    The Board further finds that given the public interest in the 2010 General Election, the expected high turnout, the increasing use of observers in the polling place, and the comments of municipal and county clerks regarding the obstacles observers can pose to the orderly conduct of elections, it is necessary to codify standards to regulate the observers' conduct and that the attached rule governing observer conduct must be adopted prior to the General Election to ensure the public peace and safety with respect to the administration of the fall elections.
    Publication Date:   September 24, 2010
    Effective Dates:   September 24, 2010 through
      February 20, 2011
    Hearing Date:   December 13, 2010
    (See the Notice in this Register)
    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
    Extension Through:   December 31, 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.   EmR1042 — Rule to create Ins. 3.35 , relating to colorectal cancer screening coverage and affecting small business.
    Finding of Emergency
    The Commissioner of Insurance finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
    Beginning December 1, insurers offering disability insurance policies and self-insured governmental plans are required to offer coverage for colorectal cancer screening. In order to ensure there is no gap in coverage the office needs to promulgate guidance as directed s. 632.895 (16m) (d) , Stats., in advance of the initial implementation date.
    Publication Date:   November 29, 2010
    Effective Dates:   November 29, 2010 through
      April 27, 2011
    4.   EmR 1043 — Rule to amend s. Ins 3.37 (1) to (5) (intro) ; and to create s. Ins 3.37 (2m) , (3m) , (4m) and (5m) , and 3.375 , Wis. Adm. Code, relating to health insurance coverage of nervous and mental disorders and substance use disorders, and affecting small business.
    Exemption From Finding of Emergency
    The legislature by s. 632.89 (4) (b) 2. , Stats., provides an exemption from a finding of emergency for adoption of the rule. Section 632.89 (4) (b) 2. , Stats., reads as follows:
    s. 632.89 (4) (b) 2. Using the procedure under s. 227.24 , the commissioner may promulgate the rules under subd. 1., for the period before the effective date of any permanent rules promulgated under subd.1., but not to exceed the period authorized under 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) (a) , (2) (b) , and (3) , the commissioner is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to make a finding of emergency for a rule promulgated under this subdivision.
    Publication Date:   November 29, 2010
    Effective Dates:   November 29, 2010 through
      April 27, 2011
    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
    Hearing Date:   October 13, 2010
    Natural Resources (5)
    Fish, Game, etc., Chs. NR 1—
    1.   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
    2.   EmR1033 — Rule adopted to revise section NR 10.01 (1) , relating to hunting and the 2010 migratory game bird seasons and waterfowl hunting zones.
    Finding of Emergency
    The emergency rule procedure, pursuant to s. 227.24 , Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations to conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
    Publication Date:   September 1, 2010
    Effective Dates:   September 1, 2010 through
      January 28, 2011
    Hearing Date:   October 26, 2010
    3 .   EmR1036 — Rule adopted to create s. NR 40.04 (2) (g) relating to the identification, classification and control of invasive species.
    Exemption From Finding of Emergency
    Section 227.24 (1) (a) , Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch. 227 , Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s. 23.22 (2t) (a) , Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency. In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6. , Stats., takes effect.
    Publication Date:   September 29, 2010
    Effective Dates:   September 29, 2010
      through: See bold text above
    Hearing Dates:   October 25 to 29, 2010
    4.   EmR1037 — Rule adopted to create s. NR 27.03 (3) (a) relating to adding cave bats to Wisconsin's threatened species list.
    Finding of Emergency
    The emergency rule procedure, pursuant to s. 227.24 , Wis. Stats., is necessary and justified in establishing rules to protect the public welfare. The proposed rule change seeks to provide protection to Wisconsin cave bat species, which face the imminent threat of white-nose syndrome. White-nose syndrome has spread across 14 states and 2 Canadian provinces in the last 3 years, spreading up to 800 miles per year. Mortality rates of affected bat colonies reach 100%. The disease was located last spring within 225 miles of the Wisconsin's southern boarder and 300 miles from the northern boarder. Because the known dispersal distance of the little brown bat is 280 miles, an affected cave is now located within the dispersal range of Wisconsin little brown bats. Listing the cave bat species before white-nose syndrome has been detected in Wisconsin will allow the Department time to work collaboratively with stakeholders to ensure that appropriate conservation measures are developed and in place when white-nose syndrome is first detected. Because of the speed of white-nose syndrome, the Department would not have time to develop appropriate conservation measures if normal rule-making procedures were used and listing was delayed until after white-nose syndrome was detected in Wisconsin. Based on the current location and known rate of spread of the disease, we anticipate the presence of white-nose syndrome in Wisconsin as early as January 2011.
    Publication Date:   September 29, 2010
    Effective Dates:   September 29, 2010 through
      February 25, 2011
    Hearing Dates:   October 25 to 29, 2010
    5.   EmR1039 — Rule adopted to create s. NR 40.02 (7g) , (7r) , (25m) , (28m) and (46m) , 40.04 (3m) and 40.07 (8) relating to the identification, classification and control of invasive bat species.
    Exemption From Finding of Emergency
    Section 227.24 (1) (a) , Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch. 227 , Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s. 23.22 (2t) (a) , Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency. In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6. , Stats., takes effect.
    Publication Date:   November 3, 2010
    Effective Dates:   November 3, 2010 through
      See bold text above
    Hearing Date:   November 29, 2010
    (See Notice Register 658 , October 31, 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
    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
    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
    Extension Through:   December 31, 2010
    Hearing Date:   September 28, 2010