(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
Extension Through:
April 10, 2013
Hearing Date:
October 15, 18, 19, 2012
2.
EmR1301
(DATCP Docket # 12-R-10) — The Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to create
s.
161.50 (3) (f)
and subch.
VI of ch. ATCP 161
, relating to
the "grow Wisconsin dairy producer" grant and loan program created under ss.
20.115 (4) (d)
and
93.40 (1) (g)
, Stats.
This rule was approved by the governor on January 14, 2013.
The scope statement for this rule, SS
090-12
, was approved by the governor on November 8, 2012, published in
Register No. 683
, on November 30, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection on December 18, 2012.
Finding of Emergency
Enactment of a rule is necessary to establish criteria the department will use to make determinations for grants, loans or other forms of financial assistance to dairy producers to promote and develop the dairy industry. An emergency rule is needed to ensure that funds are used to assist dairy producers during the second year of the annual appropriation as permanent rules cannot be adopted in time to provide the basis for grant determinations for the second year appropriations.
Filed with LRB:
January 31, 2013
Publication Date:
February 1, 2013
Effective Dates:
February 1, 2013 through
June 30, 2013
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
Extension Through:
March 31, 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
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
