Emergency Rules Now in Effect
Under s.
227.24
, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s.
227.24 (2)
, Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at
www.legis.state.wi.us/rsb/code
.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form:
EmR0801
. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection (3)
1.
EmR1209
— The state of Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to amend
section
ATCP 21.17 (1) (b)
and to create
section
ATCP 21.17 (1) (c)
, relating to the quarantines of Rock County and Walworth County for emerald ash borer.
This rule was approved by the governor on July 12, 2012.
The scope statement for this rule, SS
019-11
, was approved by the governor on August 29, 2011, published in
Register No. 669
, on September 14, 2011, and approved by the Board of Agriculture, Trade and Consumer Protection on December 15, 2011.
Finding of Emergency
(1) On June 11, 2012, APHIS identified EAB in Walworth County, near the village of Walworth. Subsequently, APHIS also positively identified EAB in Rock County in the city of Janesville on June 25, 2012. EAB is an exotic pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17
. It is anticipated that APHIS will declare quarantines for Rock County and Walworth County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
(2) DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
July 16, 2012
Publication Date:
July 17, 2012
Effective Dates:
July 17, 2012 through
December 13, 2012
Hearing Date:
August 28, 2012
2.
EmR1211
— The state of Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to amend
section
ATCP 21.17 (1) (b)
and to create
section
ATCP 21.17 (1) (c)
, relating to the quarantine of Trempealeau County for emerald ash borer.
This rule was approved by the governor on
August 30, 2012
.
The scope statement for this rule, SS
042-11
, was approved by the governor on
November 8, 2011
, published in
Register No. 671
on
November 30, 2011
, and approved by the Board of Agriculture, Trade and Consumer Protection on
December 15, 2011
.
Finding of Emergency
(1) On August 16, 2012, APHIS identified Emerald Ash Borer (EAB) in Trempealeau County, at Perrot State Park. EAB is an exotic pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17
. It is anticipated that APHIS will declare quarantines for Trempealeau County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of the county to areas of Wisconsin or other states that are not infested with EAB.
(2) DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
September 6, 2012
Publication Date:
September 7, 2012
Effective Dates:
September 7, 2012 through
February 3, 2013
Hearing Date:
October 12, 2012
3.
EmR1213
(DATCP Docket # 11-R-11) — The Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to amend
sections
ATCP 55.04
(title),
(2) (title)
,
(a)
and
(b)
,
and
(6)
,
55.07 (1) (a)
,
(2) (a)
and
(3) (a)
; and to create
sections
ATCP 55.02 (4m)
,
55.03 (2) (f)
,
55.04 (1m)
,
55.06 (5) (j)
,
55.07 (1) (c)
,
(2) (d)
and
(3) (c)
, relating to allowing certain selected Wisconsin state-inspected meat establishments to sell meat and meat products in other states and thereby affecting small business.
This rule was approved by the governor on September 6, 2012.
The statement of scope for this rule, SS
005-12
, was approved by the governor on January 11, 2012, published in
Register No. 673
, on January 31, 2012, and approved by the Natural Resources Board on February 22, 2012.
Finding of Emergency
The department of agriculture, trade and consumer protection finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public welfare. Statements of the facts constituting the emergency are:
(1) Wisconsin has more than 270 small state-inspected meat establishments that contribute to the vitality of the state's rural economy, producing many unique, specialty products. Wisconsin's state-inspected meat and poultry establishments are inspected by Wisconsin's Bureau of Meat Safety and Inspection under a cooperative agreement with the United States Department of Agriculture's (USDA's) Food Safety and Inspection Service (FSIS) program. Under the cooperative agreement, state meat inspection programs must provide inspection that is "at least equal to" federal inspection under the Federal Meat Inspection Act (FMIA) (
21 USC 661
) and the Poultry Products Inspection Act (PPIA) (
21 USC 454
). State-inspected meat and poultry establishments are prohibited from selling their products in other states.
(2) USDA recently established the new Cooperative Interstate Shipment (CIS) program, which will allow state-inspected meat and poultry establishments to sell their products in other states. To qualify for participation in the CIS program, state meat and poultry inspections programs must inspect establishments that volunteer to participate in the program using procedures that are the "same as", rather than "at least equal to," USDA's federal inspections under FMIA and PPIA. This emergency rule incorporates certain federal regulations that Wisconsin's state meat inspection program must adopt in order to establish a regulatory foundation deemed the "same as" the foundation for the federal program, and thereby allowing Wisconsin to participate in the CIS program.
(3) The department of agriculture, trade and consumer protection (DATCP) is adopting this emergency rule to prevent a potential hardship to Wisconsin's state-inspected meat establishments selected to participate in the program; adoption of the emergency rule will ensure that these establishments are not prevented from selling their meat and poultry products in other states because the pending "permanent" rules cannot be adopted in time.
Filed with LRB:
September 10, 2012
Publication Date:
September 13, 2012
Effective Dates:
September 13, 2012 through
February 9, 2013
Hearing Date:
October 15, 18, 19, 2012
Children and Families
Safety and Permanence, Chs. DCF 37-59
EmR1212
— The Wisconsin Department of Children and Families orders the creation of
Chapter
DCF 55
, relating to subsidized guardianship.
This emergency rule was approved by the governor on August 28, 2012.
The statement of scope for this rule, SS
040-12
, was approved by the governor on June 8, 2012, published in
Register No. 678
, on June 30, 2012, and approved by Secretary Eloise Anderson on July 16, 2012.
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:
Guardians who entered into subsidized guardianship agreements with an agency when the statewide subsidized guardianship program was implemented in August 2011 are now eligible for consideration of an amendment to increase the amount of the subsidized guardianship payments. The rule includes the process for determining eligibility for an amendment.
Filed with LRB:
August 31, 2012
Publication Date:
September 3, 2012
Effective Dates:
September 3, 2012 through
January 30, 2013
Health Services
Health, Chs. DHS 110—
EmR1204
— The Wisconsin Department of Health Services hereby adopts emergency rules to create
section
DHS 115.05 (3)
, relating to fees for screening newborns for congenital and metabolic disorders and other services.
This emergency rule was approved by the governor on April 19, 2012.
The statement of scope for this rule, SS
033-11
, was approved by the governor on
October 25, 2011
, published in
Register No. 671
, on
November 14, 2011
, and approved by the Department of Health Services Secretary, Dennis G. Smith, effective
November 25, 2011
.
Exemption from Finding of Emergency
The legislature by
2011 Wisconsin Act 32
, SECTION
9121 (9)
provides an exemption from a finding of emergency to adopt these emergency rules. The exemption is as follows:
2011 Wisconsin Act 32
, SECTION
9121 (9)
CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section
227.24
of the statutes, the department of health services shall promulgate rules required under section
253.13 (2)
of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section
253.13 (2)
of the statutes, as affected by this act, but not to exceed the period authorized under section
227.24 (1) (c)
of the statutes, subject to extension under section
227.24 (2)
of the statutes. Notwithstanding section
227.24 (1) (a)
,
(2) (b)
, and
(3)
of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection 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 subsection.
Filed with LRB:
May 1, 2012
Publication Date:
May 4, 2012
Effective Dates:
May 4, 2012 through
September 30, 2012
Hearing Date:
May 25, 2012
Extension Through:
November 29, 2012
Insurance
EmR1208
— The Commissioner of Insurance purposes an order to amend
section
Ins 17.01 (3)
and repeal and recreate
section
Ins 17.28 (6)
, relating to the Injured Patients and Families Compensation Fund annual fund fees and mediation panel fees for fiscal year 2013 and affecting small business.
This emergency rule was approved by the governor on May 25, 2012.
The statement of scope SS
001-12
, was approved by the governor on January 4, 2011, published in
Register No. 673
, on January 31, 2012, and approved by the Commissioner of Insurance on February 14, 2012.
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:
These changes must be in place with an effective date of July 1, 2012 for the new fiscal year assessments in accordance with s.
655.27 (3)
, Wis. Stats. The permanent rule making process during an even-numbered year cannot complete the rule-making process prior to the effective date of the new fee schedule. The fiscal year fees were established by the Board of Governors at the meeting held on December 14, 2011.
Filed with LRB:
June 12, 2012
Publication Date:
June 14, 2012
Effective Dates:
June 14, 2012 through
November 10, 2012
Hearing Date:
June 19, 2012
Justice
EmR1206
— The State of Wisconsin Department of Justice ("DOJ") proposes an order to repeal and re-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.
Governor Walker approved the final draft emergency rules on March 15, 2012. Attorney General Van Hollen signed an order approving the final emergency rules on March 15, 2012, and the emergency rules were published in the Wisconsin State Journal on March 21, 2012.
The statement of scope for these emergency rules, SS
010-12
, was approved by Governor Walker on February 15, 2012, published in Administrative
Register No. 674
, on February 29, 2012, and approved by Attorney General J.B. Van Hollen on March 12, 2012.
Finding of Emergency
Under section
101
of
2011 Wis. Act 35
, DOJ has been statutorily required to receive and process concealed carry license applications and to issue or deny licenses since November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system commenced on that date to remain continuously in effect. Emergency rules governing the licensing process were adopted on October 25, 2011, and have been in effect since November 1, 2011.
On November 7, 2011, JCRAR suspended certain portions of the emergency rules adopted on October 25, 2011. Since that time, DOJ has implemented concealed carry licensing without enforcing the suspended provisions. DOJ is also in the process of developing proposed permanent rules that do not include the substance of any of the provisions in the emergency rules that were suspended by JCRAR.
Under Wis. Stat. s.
227.26 (2) (i)
, if a bill supporting JCRAR's suspension action of November 7, 2011, is not enacted into law by the end of the current legislative session on March 15, 2012, then the suspension would be lifted and the original version of the emergency rules — including the previously suspended portions — would go back into legal effect. At that point, the emergency rules in effect would be inconsistent both with the emergency rules as they have been administered by DOJ since November 7, 2011, and with the proposed permanent rules, the scope of which has already been approved by the Governor and the Attorney General. Any such lack of continuity in the operation of DOJ's concealed carry rules would be confusing and disruptive both for permit applicants and for DOJ staff administering the concealed carry permit program.
In order to prevent such a discontinuity in the operation of the concealed carry rules, it is necessary to re-promulgate the existing emergency rules in their entirety, with the exception of the portions that were suspended by JCRAR on November 7, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24
, Stats., can the revised emergency rules be promulgated and in effect in time to prevent discontinuity in the operation of the existing rules. The public welfare thus necessitates that the rules proposed here be promulgated as emergency rules under s.
227.24
, Stats.
Filed with LRB:
May 24, 2012
Publication Date:
March 21, 2012
Effective Dates:
March 21, 2012 through
August 17, 2012
Hearing Date:
July 16, 24, 25, 2012
Extension Through:
December 15, 2012
Natural Resources (5)
Fish, Game, etc., Chs. NR 1—
This emergency rule was approved by the governor on April 26, 2012.
The statement of scope for this rule, SS
046-11
, was approved by the governor on
December 2, 2011
, published in
Register No. 672
on
December 31, 2011
, and approved by the Natural Resources Board on
February 22, 2012
.
Finding of Emergency
The department is aware that several ATV trails in Wisconsin overlap existing roads. From the onset of the program, these overlapping paths were identified as trails, signed accordingly, and were eligible to receive ATV grant funds. A few years ago, the ORV Advisory Council and WI County Forestry Association proposed that the department revise Ch.
NR 64
to accommodate paths used by both ATVs and motor vehicles. These trail-route combinations – also called hybrid trails but commonly referred to as "troutes" – will be eligible for future maintenance grant funding at the current rate if it can be shown that the hybrid trails ("troute") existed prior to the effective date of this rule.
This emergency rule will establish a new category of all-terrain trail commonly called a "troute", or a trail-route combination, that provides a connector between trails and allows grant funding for these unique trails. An emergency rule is needed because we anticipate that the permanent rule revisions to Ch.
NR 64
that will include troutes will not be effective until Sept 2012, at the earliest. Without this emergency rule, DNR will not be able to award grants to project sponsors for ATV "troutes" in July 2012, as is our practice. About one-third of the trails in northern Wisconsin are "troutes" and have been funded as trails since the program started. Our partners count upon grant funds for troute maintenance.
Without this Emergency Rule, the integrity and safety of troutes could be severely compromised. Our partners may be forced to close troutes without grant funding to maintain them until the permanent rule is effective. If troutes are closed, riders could be stranded in an unfamiliar location or be forced to turn around and ride back the same way they came instead of continuing onto their destination.
Filed with LRB:
May 9, 2012
Publication Date:
June 1, 2012
Effective Dates:
June 15, 2012 through
November 11, 2012
Hearing Date:
June 25, 2012
2.
EmR1207
— The Wisconsin Natural Resources Board proposes an order to amend
section
NR 10.01 (3) (d) 1.
, relating to the bobcat hunting and trapping season.
This emergency rule was approved by the governor on May 4, 2012. This emergency rule, modified to reflect the correct effective date, was approved by the governor on May 25, 2012.
The statement of scope for this rule, SS
009-12
, was approved by the governor on February 15, 2012, published in
Register No. 674
, on February 29, 2012, and approved by the Natural Resources Board on March 28, 2012.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board on April 25, 2012.
Finding of Emergency
Pursuant to s.
227.24
, Stats., the Department of Natural Resources finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare.
If emergency rules are not promulgated, the season automatically reverts back to a single permit period beginning on the Saturday nearest October 17 and continuing through December 31 in 2012. Frequent change of season dates and regulations for hunting and trapping can be confusing and disruptive to the public, can result in citations being issued, and is not necessary for protection of the bobcat population in this situation. Some people will view a reversion to the single season framework as a reduction of opportunity that is not socially acceptable. Therefore, this emergency rule is needed to preserve the public welfare.
Filed with LRB:
May 30, 2012
Publication Date:
June 10, 2012
Effective Dates:
October 1, 2012 through
February 27, 2013
Hearing Date:
August 27, 2012
3.
EmR1210
— The Wisconsin Natural Resources Board proposes an order to amend
sections
NR 10.001 (25c)
,
10.02 (1)
,
10.06 (5)
and
(8) (intro.)
,
10.07 (2) (b) 2.
,
10.07 (2m) (intro.)
and
(e) (intro.)
,
10.07 (2m) (f) (intro.)
,
10.09 (1)
,
10.13 (1) (b) 9.
,
10.13 (1) (b) 15.
,
10.13 (1) (b) 16.
,
10.145 (intro)
,
10.145 (3)
to
(8)
,
12.10 (intro.)
,
12.10 (1) (a) 4.
,
12.10 (1) (b) 2.
,
12.15 (13)
and
19.25
and to create
sections
NR 10.001 (22q)
,
10.001 (23a)
,
10.001 (23am)
,
10.001 (23b)
,
10.001 (26g)
,
10.001 (33)
,
10.01 (3) (j)
,
10.07 (1) (m)
,
10.07 (2m) (em)
,
10.07 (2m) (g) 3.
,
NR 10.07 (4)
,
10.13 (1) (b) 15m.
,
10.13 (1) (b) 18.
,
10.145 (1m)
,
(1u)
and Note, sections
NR 10.16 (5)
,
10.295
,
12.15 (11) (e)
,
12.60
to
12.63
,
12.64 (1) (a)
and
(b) (intro.) 1.
,
12.64 (1) (b) 2.
and
3.
,
12.64 (1) (b) 4.
and
5.
,
12.64 (2) (a)
to
(c)
,
12.64 (2) (d)
,
12.64 (3)
and
12.65
, relating to the wolf hunting and trapping season and regulations and a depredation program.
This emergency rule was approved by the governor on August 10, 2010.
The statement of scope for this rule, SS
023-12
, was approved by the governor on April 12, 2012, published in
Register No. 676
, on April 30, 2012, and approved by the Natural Resources Board on May 23, 2012.
Finding of Emergency
A non-statutory provision,
Section
21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
August 15, 2012
Publication Date:
August 18, 2012
Effective Dates:
August 18, 2012 through
January 14, 2013
4.
EmR1214
(DNR # WM-02-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate
sections
NR 10.01 (1) (b)
,
(g)
and
(u)
,
10.06 (9) (a)
and
10.32
, to amend
section
NR 10.01 (1) (v)
, and to create
section 10.12 (3) (e)
, relating to hunting and the 2012 migratory game bird seasons and waterfowl hunting zones.
This emergency rule was approved by the governor on September 6, 2012.
The statement of scope for this rule, SS
011-12
, was approved by the governor on February 15, 2012, published in
Register No. 674
, on February 29, 2012, and approved by the Natural Resources Board on May 23, 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.
Filed with LRB:
September 10, 2012
Publication Date:
September 12, 2012
Effective Dates:
September 13, 2012 through
February 9, 2013
5.
EmR1215
(DNR # WM-16-12(E))
— The Wisconsin Natural Resources Board proposes an order to repeal and recreate
section
NR 10.01 (3) (h) 1.
, relating to the coyote hunting season.
This emergency rule was approved by the governor on August 30, 2012.
The statement of scope for this rule, SS
038-12
, was approved by the governor on May 29, 2012, published in
Register No. 678
, on June 14, 2012, and approved by the Natural Resources Board on June 27, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
September 14, 2012
Publication Date:
October 1, 2012
Effective Dates:
October 1, 2012 through
February 27, 2013
