The statement of scope for this rule, SS
002-11
, was approved by the governor on July 14, 2011, published in
Register 667
, on July 31, 2011, and approved by The Board of Agriculture, Trade and Consumer Protection on August 12, 2011.
Finding of Emergency
In Wisconsin, grain dealers (persons who purchase grain from producers), grain warehouse keepers (persons who store grain that is owned by others), milk contractors (persons who purchase milk from producers, and vegetable contractors (persons who purchase vegetables from producers for use in processing), must obtain a license to do these activities and are collectively referred to as "contractors". Most contractors are "contributing contractors", which means they must pay annual assessments into the Wisconsin Agricultural Producer Security Fund. This fund is designed to help partially reimburse producers in the event that a contractor defaults on payment to producers. The annual assessments are calculated based on the total dollar value of commodities purchased or stored, the length of time that the contractor has participated in the fund, and certain financial ratios from the contractor's balance sheet.
All else equal, a contractor who purchases small amounts will pay lower assessments than one who purchases large amounts. All else equal, a contractor who is in a conservative financial position will pay lower assessments than one who carries higher levels of liabilities relative to their assets or equity. All else equal, a contractor who has participated in the fund for more than five years will pay lower assessments than one who has participated for less than five years. The annual assessment, calculated from the factors discussed above, vary considerably from one contractor to another. An annual assessment may be as low as $100, or as high as several hundred thousand dollars.
The grain dealer and grain warehouse keeper license years begin on September 1 of each year. At that point, DATCP calculates the assessment for the new license year that will be due in four quarterly payments over the course of that year. Calculations are based on purchase data and financial statement data for the grain dealer or grain warehouse keeper's most recently completed fiscal year and annual financial statement.
For the license years that will begin on September 1, 2011, a very unusual combination of business financing and recent high commodity prices has lead to unusually high assessment calculations for one grain company. In fact, if the existing rule remains unmodified, there will be one individual elevator that will be charged over $1.2 million in assessments (for both grain dealer and grain warehouse combined). This is roughly four times greater than the previous highest annual assessment and roughly six times higher than the second highest annual assessment in the grain (dealer and warehouse combined) producer security fund program. Further, this potential assessment for next license year is more than double the highest assessment that has ever occurred in the milk contractor portion of the fund. This is significant because the dollar amount of a large milk contractor's annual purchase of milk tends to be much higher the dollar amount of a large grain dealer's annual purchase (or store) of grain.
In the majority of cases, the assessment calculation formulas reasonably charge contractors for the overall risk that they pose to the fund in the event that they should default on amounts owed to producers. However, at least in the short term, this is not true for this one elevator. DATCP will analyze whether or not it is appropriate for this emergency rule to also be promulgated as a permanent rule, and if so, begin a separate rulemaking process at a later date.
This temporary emergency rule is necessary to protect the welfare of the many hundreds of grain farmers who do business with this grain elevator, and to help prevent major disruptions in the grain industry.
Publication Date:
September 2, 2011
Effective Dates:
September 2, 2011 through
January 29, 2012
Hearing Date:
October 5, 2011
Children and Families (2)
Safety and Permanence, Chs. DCF 37-59
Exemption From Finding of Emergency
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
2.
EmR1106
— Rule adopted to revise
Chapters
DCF 52
,
54
, and
57
, relating to regulation of rates charged by residential care centers for children and youth, child-placing agencies, and group homes.
Finding of Emergency
The Department of Children and Families finds that an emergency exists and that the attached 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
directed the department to implement rate regulation effective January 1, 2011. Implementation was delayed and this rule is phasing-in rate regulation at the earliest feasible date.
Publication Date:
April 18, 2011
Effective Dates:
April 18, 2011 through
September 16, 2011
Hearing Date:
May 18, 2011
Extension Through:
November 13, 2011
Employment Relations Commission
EmR1113
— Rule adopted to create Chapters
ERC 70
to
74
and
ERC 80
, relating to initial annual certification elections.
These emergency rules were approved by the Governor on September 13, 2011.
The statement of scope for this rule, SS
004-11
, was approved by the governor on July 20, 2011, published in
Register 667
, on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s.
227.135 (2)
on August 15, 2011.
Finding of Emergency
Publication Date:
September 15, 2011
Effective Dates:
September 15, 2011 thru
February 12, 2012
Justice (2)
1
.
EmR1114
— Rule to create
Chapter
Jus 17
and
Chapter
Jus 18
, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
020-11
, was approved by the governor on August 31, 2011, published in
Register No. 669
, on September 14, 2011, and approved by Attorney General J.B. Van Hollen on September 26, 2011.
Finding of Emergency
Under section
101
of
2011 Wis. Act 35
, most of the provisions of that Act — including the provisions governing the licensing and certification processes covered by the rules proposed here and the provisions authorizing the carrying of a concealed weapon by the holder of a license, an out-of-state license, or a certification card—will have an effective date of November 1, 2011. In particular, s.
175.60(9)
, Stats., will require DOJ to begin receiving and processing license applications and issuing or denying licenses as soon as that provision takes effect on November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system to take effect on November 1, 2011.
DOJ cannot comply with the requirements of s.
175.60(9)
, Stats., and related statutory requirements until it has in effect administrative rules establishing the procedures and standards that will govern DOJ's enforcement and administration of those requirements. It follows that, in order for DOJ to meet its statutory duties that take effect on November 1, 2011, it must complete the promulgation of such administrative rules prior to that date.
Under the non-emergency rulemaking procedures of ch.
227
, Stats., before the proposed rules could be promulgated, numerous notice, hearing, and publication requirements would have to be fulfilled—including, but not limited to a public hearing on the proposed rules, preparation of a detailed report including a summary of public comments and DOJ's responses to those comments, and legislative review of the proposed rules. DOJ has determined that it is impossible for all of the required steps in that non-emergency rulemaking process to be completed by November 1, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24
, Stats., can the requisite rules be promulgated and in effect in time for DOJ to meet its statutory duties that take effect on November 1, 2011. The public welfare thus necessitates that the proposed rules be promulgated as emergency rules under s.
227.24
, Stats. Once the proposed emergency rules have been promulgated, DOJ will promptly follow up with the promulgation of a permanent version of the rules under the full rulemaking procedures.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through
March 29, 2012
2.
EmR1115
— Rule to create
section
Jus 17.13
, relating to the recognition by Wisconsin of concealed carry licenses issued by other states.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
009-11
, was approved by the governor on August 4, 2011, published in
Register No. 668
, on August 31, 2011, and approved by Attorney General J.B. Van Hollen on September 12, 2011.
Finding of Emergency
Section
100(1)
of
2011 Wis. Act 35
expressly authorizes and requires DOJ to use the emergency rulemaking procedures of s.
227.24
, Stats., to promulgate the emergency rule required under s.
165.25 (12)
, Stats., and further provides that DOJ is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through
March 29, 2012
Natural Resources (6)
Fish, Game, etc., Chs. NR 1—
1
.
EmR1036
— Rule adopted to create
section
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 Date:
October 25 to 29, 2010
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
3.
EmR1045
(DNR # IS-07-11(E)) — Rule to repeal
section
NR 40.02 (28m)
, to amend
section
NR 40.04 (3m)
,
and to repeal and recreate
section
NR 40.07 (8)
, (all as created by Natural Resource Board emergency order
EmR1039
, DNR # IS-49-10(E)), 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:
December 13, 2010
Effective Dates:
December 13, 2010 through
See bold text above
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
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
This emergency rule was approved by the governor on October 19, 2011.
The statement of scope for this rule, SS
023-11
, was approved by the governor on September 15, 2011, published in
Register 669
, on September 30, 2011, and approved by The Natural Resources Board on October 26, 2011.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and the rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
The current commercial season for whitefish from Lake Michigan and Green Bay closes one week before the season closure for state-licensed fishers in the State of Michigan. This limitation on fishing opportunities threatens the welfare of state-licensed commercial fishers in Wisconsin and makes these Wisconsin businesses less competitive with counterparts in Michigan. The additional business revenue, approximately $161,300, and improved competitiveness of the commercial fishing industry, rises to the standard of preservation and improvement of the public welfare required for emergency rule making.
The number of commercial fishers has been declining over the last 20 years from 145 to 57. While some of this decline has been due to consolidation, some of the reduction is due to adverse economics of the industry. This rule requires emergency action to enhance public welfare as it applies to the economic health of the commercial fishing industry, which requested this rule change.
Publication Date:
October 26, 2011
Effective Dates:
October 26, 2011 through
March 23, 2012
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:
January 1, 2012
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:
January 1, 2012
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 (2)
(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
