1.
EmR1311
— 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 Jefferson County for emerald ash borer.
This emergency rule was approved by the Governor on July 15, 2013.
The blanket statement of scope for this rule, SS 0088-12, 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 as required by s.
227.135 (2)
, Stats., on December 18, 2012.
Finding of Emergency
On June 25, 2013, the Wisconsin Department of Natural Resources positively identified Emerald Ash Borer (EAB) in Walworth County at the University of Wisconsin Whitewater Campus, about 750 meters from the Jefferson County line. EAB is an exotic, invasive 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 a quarantine for Jefferson 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.
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 24, 2013
Publication Date:
July 24, 2013
Effective Dates:
July 24, 2013 through
December 20, 2013
2.
EmR1312
— The state of Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to to amend
section
ATCP
21.17 (1) (b)
and to create
section
ATCP 21.17 (1) (d)
, relating to
the quarantine of Sauk County for emerald ash borer.
The blanket statement of scope for this rule, SS 08-12, 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 (as required by s.
227.135 (2)
, Stats.) on December 18, 2012.
This emergency rule was approved by the Governor on August 1, 2013.
Finding of Emergency
On July 11, 2013, the United States Department of Agriculture — Animal and Plant Health Inspection Service ("APHIS") positively identified Emerald Ash Borer ("EAB") in Sauk County at Mirror Lake State Park. EAB is an exotic, invasive 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 a quarantine for Sauk 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.
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:
August 13, 2013
Publication Date:
August 14, 2013
Effective Dates:
August 14, 2013 through
January 10, 2014
3.
EmR1315
— 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) (e)
, relating to the quarantines of Dodge, Douglas, and Winnebago counties for emerald ash borer.
This emergency rule was approved by the Governor on August 29, 2013.
The blanket statement of scope for this rule, SS 0088-12, 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 & Consumer Protection (as required by s.
227.135 (2)
, Stats.) on December 18, 2012.
Finding of Emergency
The United States Department of Agriculture — Animal and Plant Health Inspection Service ("APHIS") positively identified Emerald Ash Borer ("EAB") in Watertown, Dodge County on August 1, 2013; in Black Wolf township, Winnebago County on August 6, 2013; and subsequently in Superior, Douglas County on August 13, 2013. EAB is an exotic, invasive 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 a quarantine for Dodge, Douglas, and Winnebago counties 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.
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 11, 2013
Publication Date:
September 11, 2013
Effective Dates:
September 11, 2013 through
February 7, 2014
Hearing Date:
October 11, 2013
Employment Relations Commission
EmR1310
— The Wisconsin Employment Relations Commission hereby creates
Chapters
ERC 70
,
71
, and
80
,
relating to annual certification elections.
This emergency rule was approved by the Governor July 3, 2013.
The statement of scope for this rule, SS
045-13
, was approved by the Governor on April 19, 2013, published in
Register 689
, on May 14, 2013, and approved by the Wisconsin Employment Relations Commission on June 3, 2013.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules into effect so that the Wisconsin Employment Relations Commission can meet its obligation to conduct annual certification elections as required by ss.
111.70 (4) (d) 3. b.
and
111.83 (3) (b)
, Stats.
Filed with LRB:
July 15 2013
Publication Date:
July 13, 2013
Effective Dates:
July 13, 2013 through
December 9, 2013
Insurance (2)
1.
EmR1306
— The Commissioner of Insurance adopts an order to amend
sections
Ins 17.01 (3)
and
17.28 (3) (c)
and to repeal and recreate
section
Ins 17.28 (6)
, Wis. Admin. Code, relating to Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013, and affecting small business
.
This emergency rule was approved by the Governor on June 4, 2013.
The statement of scope for this rule, SS
042-13
, was approved by the Governor on April 16, 2013, published in
Register No. 688
, on April 30, 2013, and approved by the Commissioner on May 10, 2013.
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 prior to July 1, 2013, in order for the new fiscal year assessments to be issued in accordance with s.
655.27 (3)
, Wis. Stats. The permanent rule-making process cannot be completed prior to the effective date of the new fee schedule. The fiscal year fund fees were established by the Board of Governors at the meeting held on December 19, 2012, and the mediation panel fees were established by the Board of Governors at the meeting held on March 20, 2013.
Filed with LRB:
June 10, 2013
Publication Date:
June 12, 2013
Effective Dates:
June 12, 2013 through
November 8, 2013
Hearing Date:
July 23, 2013
2.
EmR1314
— The Commissioner of Insurance proposes an order to create
Chapter
Ins 6
subch.
II
, subch. II (title), and sections
Ins 6.91
to
6.98
,
relating to navigators, nonnavigator assisters, and related entities and affecting small business.
The statement of scope for this rule SS
078-13
, was approved by the Governor on July 1, 2013, published in
Register No. 691
,
on July 15, 2013, and approved by the Commissioner on July 26, 2013. This emergency rule was approved by the Governor on August 30, 2013.
Finding of Emergency
In accordance with s.
623.98
, Stats., the commissioner may promulgate rules under ss.
227.24 (1) (a)
and
(3)
, Stats., without providing evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare and without a finding of emergency. The commissioner intends to publish the proposed rule sufficiently in advance of October 1, 2013 to permit proper licensing, certification, and training of navigators and nonnavigator assisters and to permit proper registration of navigator and nonnavigator assister entities. The commissioner intends to promulgate permanent rules close in time to the emergency rules so not to create a gap in requirements.
Filed with LRB:
September 5, 2013
Publication Date:
September 10, 2013
Effective Dates:
September 10, 2013 through
February 6, 2014
Hearing Date:
September 27, 2013
Natural Resources (4)
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
.
2.
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 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
Extension Through:
October 22, 2013
This emergency rule was approved by the Governor on August 30, 2103.
The statement of scope for this rule, SS
018-13
, was approved by the Governor on February 18, 2013, published in
Register No. 687
, on March 14, 2013, and approved by the Natural Resources Board on April 24, 2013.
Statutory Authority
The chapter on wild animals and plants, in s.
29.014
, Stats., "rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting. Additional statutory authority is found in ss.
23.11
,
29.192
and
29.041
, Stats. The emergency rule making process is established in s.
227.24
, Stats.
Filed with LRB:
September 4, 2013
Publication Date:
September 6, 2013
Effective Dates:
September 6, 2013 through
February 2, 2014
Safety and Professional Services (3)
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
Hearing Date:
April 30, 2013
Extension Through:
November 9, 2013
This emergency rule was approved by the Governor on May 20, 2013.
The statement of scope for this rule, SS
012-13
, was approved by the Governor on January 28, 2013, published in
Register No. 686
on February 14, 2013, and approved by the Department of Safety and Professional Services on February 28, 2013.
Finding of Emergency
The Department of Safety and Professional Services finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows:
Title XI of the Federal Financial Institutions Reform and Recovery Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s.
SPS 81.04
is not in compliance with the federal legislation. The Code must be brought into compliance by July 1, 2013. At that time, the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated "out of compliance," then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
Filed with LRB:
June 12, 2013
Publication Date:
June 18, 2013
Effective Dates:
June 18, 2013 through
November 14, 2013
3.
EmR1308
— The Wisconsin Department of Safety and Professional Services adopts an order to create
section
SPS 34.04 (2) (a) 4.
,
relating to training of firearms instructors for private security personnel, private detectives, and private investigators or special investigators, and affecting small business.
This emergency rule was approved by the Governor on May 29, 2013.
The statement of scope for this rule, SS
080-12
, was approved by the Governor on October 2, 2012, published in
Register No. 682
on October 31, 2012, and approved by the Department of Safety and Professional Services on December 4, 2012.
Finding of Emergency
The Department of Safety and Professional Services (DSPS) finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows.
Under section
SPS 34.02 (1)
, private security personnel, private detectives, and private investigators or special investigators, who are seeking a firearms permit from the Department must obtain a certificate of firearms proficiency. Section
SPS 34.02 (2)
mandates that the certification be received from a Department-approved firearms-proficiency certifier pursuant to section
SPS 34.04
.
Section
SPS 34.04
currently accepts only those certifier applicants who have received training as a police or security firearms instructor and who have either (1) current approval as a firearms instructor by the Wisconsin Law Enforcement Standards Board (LESB); (2) current certification as a law enforcement firearms instructor by the National Rifle Association, Inc., (NRA) or; (3) approval on or after January 1, 1995, as a firearms instructor by the LESB or NRA and have completed a refresher course presented by a regional training school approved by the LESB or the NRA.
Due to enactment of
2011 Wisconsin Act 35
(commonly referred to as the concealed carry law), which became effective on November 1, 2011, there is a greater need for additional entities who can provide training and approve applicants as firearms proficiency certifiers. Section
175.60 (4)
of the Statutes currently allows technical colleges, colleges, and universities to provide this training for concealed-carry purposes. No such provision is made as it relates to private security personnel, private detectives, and private investigators or special investigators, for carrying a weapon openly. Moreover, the training needed for DSPS firearms certifiers differs significantly from that needed and provided by the LESB curriculum and under
2011 Act 35
. To that end, a new standard needs to be developed and implemented, separate and distinct from the LESB standards. Because the need to approve applicants for firearm proficiency certifiers is immediate and pressing, emergency rules are warranted.
Filed with LRB:
June 13, 2013
Publication Date:
June 13, 2013
Effective Dates:
June 13, 2013 through
November 9, 2013
Workforce Development
Unemployment Insurance, Chs. DWD 100-150
EmR1316
— The Wisconsin Department of Workforce Development hereby adopts an order to repeal
sections
DWD 126.02 (2)
,
(3)
, and
(4)
,
126.03 (1)
,
126.04
,
126.05
,
127.01 (2) (b)
,
(f)
to
(i)
, and
(3)
,
127.02 (intro.)
,
(1)
,
(2)
,
(3)
, and
(4)
,
127.02 (5)
and
(10)
, and
127.08
; to renumber and amend
section
DWD 126.02 (1)
; to amend
sections
DWD 126.01
,
126.03 (intro.)
and
(2)
, 127
(title)
,
127.01 (1)
,
(2) (intro.)
,
(a)
,
(c)
, and
(d)
,
127.02 (7)
,
(9)
, and
(11)
,
127.04
(title),
(1)
, and
(2)
,
127.05
,
127.06 (1)
,
(2)
, and
(3)
,
127.07
(title) and
(1)
,
128.01 (2) (a)
, and
129.01 (1)
and
(2)
; to repeal and recreate
sections
DWD 127.01 (2) (j)
and
127.07 (2)
; and to create
sections
DWD 126.02
(Note), 126.03 (3), (4), (5), (6), and (7), 127.01 (2) (em), 127.02 (12), 127.04 (1m) (e), and 127.06 (1) (c)
, relating to unemployment insurance work registration, work search, and benefit claiming procedures.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this emergency rule, SS
106-13
, was approved by the Governor on August 14, 2013, published in
Register No. 692
on August 31, 2013, and approved by the Secretary of Workforce Development on September 11, 2013.
Finding of Emergency
The Department of Workforce Development 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)
In order to fulfill the new statutory directives to require claimants for unemployment insurance benefits to increase their number of weekly work search actions from two to at least four;
(2)
In order to simplify the process and compliance with respect to requirements for unemployment insurance claimants to register for work;
(3)
In order to execute the new statutory requirement to request additional information from claimants;
(4)
In order to improve the unemployment insurance trust fund balance and thereby relieve employers of the burden of additional taxation;
(5)
In order to better assist unemployment insurance benefit claimants to obtain gainful employment; and,
(6)
In order to promote the improvement in the Wisconsin economy as a result of the immediate implementation of legislative directives with respect to the unemployment insurance program contained in
2013 Wisconsin Act 20
and
2013 Wisconsin Act 36
.
Filed with LRB:
September 25, 2013
Publication Date:
September 29, 2013
Effective Dates:
September 29, 2013 through February 25, 2014, except that changes to ss.
DWD 126.03
and
127.02
take effect after the Secretary determines the Department has the technological ability to implement the changes.
Hearing Date:
November 4, 2013
(see Notice in this Register)
Workforce Development
Employment and Training, Chs. DWD 805-830
EmR1317
— The Wisconsin Department of Workforce Development hereby adopts an order to create
Chapter
DWD 801
, relating to workforce training grants under the Wisconsin Fast Forward program.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this rule, SS
109-13
, was approved by the Governor on August 15, 2013, published in
Register No. 692
on August 31, 2013, and approved by the Department of Workforce Development on September 11, 2013.
Finding of Emergency
The Department of Workforce Development (DWD) finds that an emergency exists and emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. The reason for the emergency is:
DWD proposes to create new rules in Chapter
DWD 801
to implement the program of workforce training grants enacted by
2013 Wisconsin Act 9
. DWD held a public hearing on the permanent rule for this new program on July 15, 2013, and has made revisions to the text of the proposed permanent rule in response to the comments received. It would now benefit the public welfare to proceed with the rules in emergency form so that the program can begin this fall.
Filed with LRB:
September 25, 2013
Publication Date:
September 29, 2013
Effective Dates:
October 1, 2013 through
February 27, 2014
Hearing Date:
November 5, 2013
(see Notice in this Register)
