Effective Dates:
November 1, 2011 through
March 29, 2012
Natural Resources (2)
Fish, Game, etc., Chs. NR 1—
1.
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
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 No. 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
EmR1201
— Rule to revise
section
Tax 7.23
, relating to the activities of brewers, bottlers, out-of-state shippers, and wholesalers.
The scope statement for this rule, SS
018-11
, was approved by the governor on August 16, 2011, published in
Register No. 669
on September 14, 2011, and approved by the Secretary of Revenue on September 26, 2011.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the 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 administer the provisions of ss.
125.28 (5) (e)
and
125.29 (3)
, Stats., as created by
2011 Wisconsin Act 32
, and reflect revisions made by the Act to the authorized activities of persons holding wholesalers' and brewers' permits.
It is necessary to promulgate this rule order so that the above provisions 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:
January 27, 2012
Effective Dates:
January 27, 2012 through
June 24, 2012
Hearing Date:
February 27, 2012
Safety and Professional Services
(Formerly Regulation and Licensing)
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 section
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
