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
