EmR1105 Creates section Tax 3.05, relating to income and franchise tax deductions for job creation.  

  • Publication Date:   May 23, 2011
    Effective Dates:   May 23, 2011 through
      October 19, 2011
    Hearing Date:   June 27, 2011
    5.   EmR1109 — Rule to amend sections NR 10.01 (3) (ed) 1. a. , 10.01 (3) (et) 2. , 10.104 (7) (a) 1. , and 10.104 (7) (b) , relating to deer hunting seasons and carcass tag use.
    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 rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.
    Publication Date:   July 2, 2011
    Effective Dates:   September 17, 2011 through     February 13, 2012
    Natural Resources
    Environmental Protection — Air Pollution Control, Chs. NR 400—
    EmR1046 (DNR # AM-48-10(E)) — The Wisconsin Natural Resources Board proposes an emergency order to amend section NR 407.02 (4) (b) (intro.) , and Table 3 in 407.05 (5) and to create sections NR 400.02 (74m) , 400.03 (3) (om) , and (4) (go) and (ki) , 405.02 (28m) , 405.07 (9) , 407.02 (8m) and 407.075 , relating to major source permitting thresholds for sources of greenhouse gas emissions and affecting small business.
    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. Preservation of the public welfare necessitates putting the forgoing rules into effect prior to the time that it would take if the Department complied with normal procedures.
    On April 1, 2010, the U.S. EPA promulgated the first emission standard for gases contributing to climate change, i.e., greenhouse gases or GHG, which will become effective on January 2, 2011. While these standards target automobile emissions, under the Clean Air Act, this action will unintentionally subject stationary sources across the country to complex prevention of significant deterioration (PSD) and Title V permitting and emission control requirements. U.S. EPA attempted to mitigate this unintended effect by promulgating additional rules, which became effective on June 3, 2010, limiting applicability of the permitting requirements. However, Wisconsin sources will not be affected by the new U.S. EPA rules since existing state statute and administrative code do not contain the same applicability limiting provisions. State rules consistent with those at the federal level must be in effect on January 2, 2011 in order to provide the relief U.S. EPA intended for Wisconsin sources. Without these proposed emergency rules, many sources, including municipal landfills, hospitals, asphalt plants, wastewater treatment plants, small wood fired boilers and agricultural digesters, will be considered major emissions sources of GHG, and therefore subject to the permit and emission control requirements for GHG. These permit and control requirements were never intended or designed to address the type or size of sources that could now be affected. Without the proposed changes, the existing rules would have the potential to overwhelm DNR permitting staff, divert resources away from significant environmental issues, and delay issuance of construction permits for critical projects for expanding businesses.
    Therefore, the Department finds that the proposed emergency rules are necessary and appropriate for the preservation of the public welfare.
    Publication Date:   December 15, 2010
    Effective Dates:   December 15, 2010 through
      May 15, 2011
    Extension Through:   September 11, 2011
    Hearing Date:   January 21, 2011
    Revenue (3)
    1.   EmR1104 — Rule adopted creating section Tax 2.957 , relating to income and franchise tax credits and deductions for businesses that relocate to Wisconsin.
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of income and franchise tax credits and deductions for businesses that relocate to Wisconsin.
    It is necessary to promulgate this rule order so that these credits and deductions, created to help bring much needed jobs to Wisconsin, may be administered in a fair and consistent manner.
    This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s. 227.24 , Stats.
    Publication Date:   April 7, 2011
    Effective Dates:   April 7, 2011 through
      September 3, 2011
    Hearing Date:   June 14, 2011
    2.   EmR1105 — Rule adopted creating section Tax 3.05 , relating to income and franchise tax deductions for job creation.
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of income and franchise tax deductions for job creation.
    It is necessary to promulgate this rule order so that these deductions, created to help bring much needed jobs to Wisconsin, may be administered in a fair and consistent manner.
    This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s. 227.24 , Stats.
    Publication Date:   April 7, 2011
    Effective Dates:   April 7, 2011 through
      September 3, 2011
    Hearing Date:   June 14, 2011
    3.   EmR1110 — The Wisconsin Department of Revenue hereby adopts an emergency rule interpreting s. 77.54 (56) , Stats., creating section Tax 11.10 relating to wind, solar, and certain gas powered products.
    The statement of scope for this emergency rule, SS 001-11 , was approved by the governor on June 17, 2011, and published in Register 667 on July 14, 2011. This emergency rule was approved by the governor on June 20, 2011
    Finding of Emergency
    The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
    The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of a sales and use tax exemption for certain energy-producing wind, solar, and gas powered products and the electricity or energy they produce.
    It is necessary to promulgate this rule order so that this exemption, which is effective July 1, 2011, may be administered in a fair and consistent manner.
    This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s. 227.24 , Stats.
    Publication Date:   June 29, 2011
    Effective Dates:   June 29, 2011 through
      November 25, 2011
    Safety and Professional Services
    (Formerly Commerce)
    Financial Resources for Businesses and Communities, Chs. Comm 100-149
    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 14, 2010 through
      April 12, 2011
    Extension Through:   August 10, 2011
    Hearing Date:   February 15, 2011
    Safety and Professional Services (3)
    (Formerly Regulation and Licensing)
    1.   EmR0827 — Rule adopted creating section 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 Date:   November 26, 2008
      April 13, 2009
    2.   EmR0828 — Rules adopted to amend section RL 181.01 (2) (c) ; and to create sections 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.   EmR1102 — Rule adopted creating Chapters RL 200 to 202 , relating to governing professional conduct of individuals licensed as sign language interpreters, and for the treatment of state resident licensure exemption requests.
    Finding of Emergency
    2009 Wisconsin Act 360 created laws regulating the practice of sign language interpreting, and became effective on December 1, 2010. Under the act, codified at s. 440.032 , Stats., individuals practicing as sign language interpreters must now be licensed by the department, and must comply with a code of professional conduct to be promulgated by the department. The new law also provides for exemptions from the licensure requirement under certain circumstances, and requires the council to promulgate rules establishing the criteria and procedures for granting state resident exemptions. As s. 440.032 , Stats., is already in effect, an emergency rule is necessary to implement the law pending promulgation of a similar permanent rule.
    Publication Date:   March 16, 2011
    Effective Dates:   March 16, 2011 through
      August 12, 2011
    Extension Through:   October 11, 2011
    Hearing Date:   May 3, 2011
    Safety and Professional Services —
    Barbering and Cosmetology Examining Board
    EmR1047 — Rule adopted to revise Chapters BC 9 and 11 , relating to late renewal and continuing education.
    Finding of Emergency
    The rule as currently promulgated fails to adequately protect the public to the extent that several provisions are underdeveloped, ambiguous or silent. As a result, inconsistent interpretations and contradictory information has led to significant confusion within the profession. Given that the rules require licensees to comply by March 31, 2011, the errors and omissions need to be addressed immediately so licensees can receive adequate training to provide safe and competent services to the public, and comply with the requirements for renewal of a license.
    Publication Date:   December 23, 2010
    Effective Dates:   December 23, 2010 through
      May 21, 2011
    Extension Through:   September 18, 2011
    Hearing Date:   April 4, 2011
    Safety and Professional Services —
    Veterinary Examining Board
    EmR1103 — Rule adopted to revise sections VE 2.01 (2) , 3.03 (intro) and (5) , relating to the requirements for the initial licensure of veterinarians, specifically, the procedures for, and the types of examinations required.
    Finding of Emergency
    As currently written, the veterinary examining board rules regarding licensure candidates' deadlines for submission of applications to take the North American Veterinary Licensing Examination (NAVLE) do not align with the deadlines established by the National Board of Veterinary Medical Examiners (NBVME). The rules thus also conflict with the deadlines defined in the board's NBVME NAVLE agreement. The rules state that a candidate shall file a completed NAVLE application with the board at least 60 days prior to the date of the scheduled examination. However, NAVLE's deadlines require submission of applications approximately 115 days ahead of the examination date. This inconsistency between the rules and NAVLE's deadlines will likely cause significant confusion for licensure candidates. At worst, it could preclude a candidate from taking the particular NAVLE he or she applies for due to missing the application deadline. In addition, recently-passed legislation now allows foreign veterinary graduates to show evidence of successful completion of the Program for the Assessment of Veterinary Education Equivalence (PAVE) as an alternative to the American Veterinary Medical Association (AMVA) Educational Commission for Foreign Veterinary Graduates Certification (ECFVGC) program. The board adopts this emergency rule effecting the necessary changes pending the promulgation of a similar permanent rule.
    Publication Date:   March 28, 2011
    Effective Dates:   March 28, 2011 through
      August 24, 2011
    Extension Through:   October 23, 2011
    Hearing Date:   May 25, 2011