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 (2)
1.
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
2.
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
Hearing Date:
November 30, 2012
Children and Families
Early Care and Education, Chs. DCF 201-252
EmR1216
— The Wisconsin Department of Children and Families orders the creation of
section
DCF 201.04 (2j)
, relating to circumstances for a waiver to allow child care subsidy payments for a parent who is a child care provider and affecting small businesses.
This emergency rule was approved by the governor on October 19, 2012.
The statement of scope for this rule, SS
054-12
, was approved by the governor on July 30, 2012, published in
Register No. 680
on August 14, 2012, and approved by Secretary Eloise Anderson on August 27, 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:
Section
49.155 (3m) (d)
, Stats., as affected by
2011 Wisconsin Act 32
, provides that no child care subsidy funds may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child. In addition, no child care subsidy funds may be used for child care services that are provided by another child care provider if the child's parent is a child care provider. The prohibition on assistance does not apply if the child's parent has applied for, and been granted, a waiver. Implementation of an emergency rule specifying the circumstances under which the department or an agency will grant a waiver is necessary to protect certain vulnerable children.
Filed with LRB:
November 13, 2012
Publication Date:
November 15, 2012
Effective Dates:
November 15, 2012 through
April 13, 2013
Hearing Date:
January 14, 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:
January 28, 2013
Justice
EmR1217
— The State of Wisconsin Department of Justice ("DOJ") proposes an order to 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; the recognition by Wisconsin of concealed carry licenses issued by other states; and the certification of firearms safety and training instructors.
The statement of scope for these emergency rules 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.
These emergency rules were approved in writing by the governor on December 4, 2012, pursuant to Wis. Stat. s.
227.24 (1) (e) 1g.
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. In order for DOJ to accomplish that goal and comply with all applicable statutory requirements, it is necessary to continuously have in effect administrative rules establishing the procedures and standards that govern the enforcement and administration of those requirements.
Emergency rules governing the licensing process were first adopted on October 25, 2011, and have been continuously in effect since November 1, 2011. The emergency rules were subsequently repealed and recreated with an effective date of March 21, 2012. Pursuant to s. 227.24 (2) (a), Stats., the Joint Committee for the Review of Administrative Rules has authorized the current emergency rules to remain in effect through December 15, 2012.
DOJ is in the process of promulgating permanent administrative rules which, when completed, will replace the emergency rules. On September 5, 2012, the final draft of the proposed permanent rules and accompanying reports were submitted for legislative review, pursuant to s.
227.19 (2)
, Stats. The permanent rulemaking process, however, will not be completed prior to the anticipated expiration of the existing emergency rules on December 15, 2012. Upon such expiration, DOJ would no longer have in effect administrative rules establishing the procedures and standards that govern the concealed carry licensing program. Any such lack of continuity in the operation of the licensing program would be confusing and disruptive both for license applicants and for DOJ staff administering the program.
The public welfare thus requires that additional emergency rules be promulgated, in order to ensure that there is no interruption in DOJ's ability to continue to carry out all of its statutory responsibilities in administering and enforcing the concealed carry licensing program. These rules will prevent such a discontinuity and ensure continuous and uniform operation of the concealed carry program through the time of completion of the permanent rulemaking process that is already under way. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24
, Stats., can these 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:
December 10, 2012
Publication Date:
December 15, 2012
Effective Dates:
December 15, 2012 through
May 13, 2013
Natural Resources (4)
Fish, Game, etc., Chs. NR 1—
1.
EmR1207
(DNR # WM-03-12(E))— 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
2.
EmR1210
(DNR # WM-09-12(E))— 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 the date on which the permanent rules take effect, as provided in
2011 Wisconsin Act 169
, section
21
.
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
4.
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
