Publication Date:
July 2, 2011
Effective Dates:
September 17, 2011 through
February 13, 2012
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 late July of each year. This order is designed to bring the state hunting regulations into 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 3, 2011
Effective Dates:
September 3, 2011 through
January 30, 2012
Hearing Date:
October 3, 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
Extension Through:
November 2, 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
Extension Through:
November 2, 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 (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
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
