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.
Administration
EmR1305
— The Department of Administration hereby adopts an order to repeal Adm 2.14 (2) (vr) c.; to renumber and amend Adm 2.14 (2) (vr) a. and b.; to amend Adm 2.02 (1) (a), 2.04 (1), 2.04 (2), (3), (5), and (7), 2.07 (2), 2.08 (1) and (1) (d), 2.11, 2.14 (2), (2) (v), (2) (vm) and (2) (vm) 5.; and to create Adm 2.03 (3m), (3r), and (6m), 2.04 (1m) and (1r), relating to facility use.
The statement of scope for this rule, SS
028-13
, was approved by the Governor on March 15, 2013, and published in
Register No. 687
on March 31, 2013. This emergency rule was approved by the Governor on April 11, 2013.
Finding of Emergency
The Legislature has vested management authority over various state buildings and grounds, including those of the Wisconsin State Capitol, in the Department of Administration since 1979. Section
16.84 (1)
, Wis. Stats. Since 1979 the Department has permitted the use of these buildings and grounds for the free discussion of public questions and other purposes, so long as such uses did not interfere with the prime uses of these facilities, or otherwise infringe on interests of the state. Section
16.845
, Wis. Stats., and s.
Adm 2.04
, Wis. Adm Code.
Beginning February 2011, groups of persons began to occupy the Wisconsin State Capitol Building without permits. This included appropriating rooms and hallways in the Capitol building for purposes such as camping and storage of bulk supplies. To restore order to the building and return the building to a point where the work of the Wisconsin State Legislature and the Supreme Court of Wisconsin could perform their constitutionally authorized functions without undue disruption, the Department expended funds in excess of $7,400,000 for law enforcement personnel. The continuous occupation of the State Capitol was formally terminated in March of 2011.
Groups of persons continue to occupy rooms in the Wisconsin State Capitol building without permits, including the Capitol rotunda. These groups constitute an exception to the norm.
The Wisconsin State Capitol Police (WSCP) issue more than 400 permits annually for the use of various state facilities. Permits are used for a variety of purposes, whether political, non-political, charitable or commercial. Permits are issued regardless of political party, affiliation or content.
Occupation of the Capitol rotunda and other areas has caused disruptions to the properly permitted events and normal government activities, including but not limited to, a Red Cross blood drive, a high school science exhibit, school group tours, general public tours, and legislative committee meetings and sessions. The State does not refuse permits for the lawful and safe use of State facilities by any group or groups. Neither can the State allow any group to occupy the Capitol in disregard of the rights of permit holders, public employees or visitors. It is imperative that the Department continue to gain greater compliance from user groups in order to protect the public safety and welfare.
Filed with LRB:
April 15, 2013
Publication Date:
April 16, 2013
Effective Dates:
April 16, 2013 through
September 12, 2013
Agriculture, Trade and Consumer Protection (2)
1.
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
Extension Through:
June 9, 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
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
Extension Through:
June 12, 2013
Hearing Date:
January 14, 2013
Natural Resources (2)
Fish, Game, etc., Chs. NR 1—
1.
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
.
The statement of scope for this rule, SS
097-12
, was approved by the Governor on December 14, 2012, published in
Register No. 684
on December 31, 2012, and approved by the Natural Resources Board on January 23, 2013.
Finding of Emergency
Pursuant to s.
227.24
, Stats., the department finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. The welfare of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses is threatened by a decline in the lake trout population in the Apostle Islands vicinity of Lake Superior. The continued, persistent decline in lake trout population abundances and predicted further declines necessitate the current reductions in order to ensure a sustainable lake trout fishery over the long-term. Lake trout harvest limits were negotiated in October 2012 among the Department of Natural Resources and the Red Cliff and Bad River Bands of Lake Superior Chippewa and those changes must be ordered through administrative code. This emergency rule is needed to preserve the public welfare.
Filed with LRB:
March 9, 2013
Publication Date:
March 27, 2013
Effective Dates:
March 27, 2013 through
August 23, 2013
Hearing Date:
April 11, 2013
Public Instruction
EmR1303
— The state superintendent of public instruction hereby creates
ch.
PI 47
, relating to the equivalency process for approving alternative models to evaluate educator practice.
The scope statement for this rule, SS
013-13
, was published in
Register No. 686
, on February 14, 2013, and approved by Superintendent Evers, on February 25, 2013. Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to get the Governor's approval for the statement of scope or this rule.
Finding of Emergency
The Department of Public Instruction 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 the facts constituting the emergency is:
Section
115.415 (3)
, Stats., requires the department to establish an equivalency process for reviewing alternative educator effectiveness systems. The statute also specifies criteria on which the process shall be based, including alignment to the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards. Additionally, the statute explains certain approval requirements.
The Educator Effectiveness System will be fully implemented and mandatory throughout the entire state by the 2014-15 school year. The pilot, which allows schools and districts to implement the system and inform modifications, will go into effect during the 2013-14 school year.
In order to have possible alternative models available for pilot use in 2013-14, there is an urgent need to get the equivalency process in place to approve other evaluation models. Districts intending on applying for an equivalency review of an alternative model must alert the department in writing by March 15, 2013, and January 15 each subsequent year. They must submit their application by April 15 of this year and March 15 each subsequent year in order to be approved.
Filed with LRB:
March 4, 2013
Publication Date:
March 8, 2013
Effective Dates:
March 8, 2013 through
August 4, 2013.
Safety and Professional Services
Professional Services, Chs. SPS 1—299
This emergency rule was approved by the Governor on February 5, 2013.
The statement of scope for this rule, SS 063–12, was approved by the Governor on August 10, 2012, published in
Register 680
, on August 31, 2012, and approved by Secretary Dave Ross on October 15, 2012.
Finding of Emergency
The Department of Safety and Professional Services finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
On July 1, 2012,
2011 Wisconsin Act 190
transferred regulatory authority over barbers from the Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services. Act 190 also changed the educational requirements for initial licensure of barbers, and the continuing-education requirements for renewal of barber licenses. Due to the transfer of authority and the changes in education requirements, immediate rulemaking by the Department is needed to implement corresponding rule changes prior to April 1, 2013, which is the renewal date mandated by section
440.08 (2) (a)
of the Statutes for all barbering licenses.
Filed with LRB:
February 14, 2013
Publication Date:
February 14, 2013
Effective Dates:
February 14, 2013 through
July 13, 2013
