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
.
3.
EmR1319
(DNR # WM-22-13(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections
NR 10.275 (intro.)
and
45.09 (1)
and to create
sections
NR 10.13
(Note) and 10.275
, relating to hunting and trapping in state parks.
This rule was approved by the Governor on October 31, 2013.
The statement of scope for this emergency rule, SS
083-13
, was approved by the Governor on July 15, 2013, published in
Register No. 691
on July 31, 2013 and approved by the Natural Resources Board on August 14, 2013.
Finding of Emergency
The department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to protect the public safety and welfare. By restricting gun and archery hunting to certain areas, and trapping to certain areas and methods, this rule will prevent those activities in locations where they may jeopardize the safety and welfare of visitors to the Wisconsin State Park System.
Filed with LRB:
November 7, 2013
Publication Date:
November 15, 2013
Effective Dates:
November 15, 2013 through
April 13, 2014
4.
EmR1320
(DNR # FH-27-13(E)) — The Wisconsin Natural Resources Board proposes an order to create
Chapter
NR 85
, relating to development of a competitive grant program for cities, villages, towns, counties, federally recognized Indian tribes or bands located in this state, and fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
This rule was approved by the Governor on November 8, 2013.
The statement of scope for this emergency rule, SS
104-13
, was approved by the Governor on August 12, 2013, published in
Register No. 692
on September 1, 2013 (August 31, 2013), and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency — Exemption
2013 Wisconsin Act 20
, the 2013-15 state budget, included the following nonstatutory language: The department of natural resources may promulgate emergency rules under section
227.24
of the statutes implementing sections
29.739
and
29.740
of the statutes, as created by this act. Notwithstanding section
227.24 (1) (c)
and
(2)
of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of the 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:
November 14, 2013
Publication Date:
November 21, 2013
Effective Dates:
November 21, 2013 through June 30, 2016, or the date on which permanent rules take effect, whichever is sooner.
Hearing Date:
December 12, 2013 and
December 19, 2013
5.
EmR1401
(DNR # FH-26-13(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections
NR 20.20 (73) (n) 4.
and
25.06 (1) (a)
, Wis. Adm. Code, relating to lake trout harvest limits in Lake Superior.
This rule was approved by the Governor on December 30, 2013.
The statement of scope for this rule, SS
108-13
, was approved by the Governor on August 13, 2013, published in
Register No. 692
on August 31, 2013, and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency
Pursuant to s. 227.4, 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 2013 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:
January 14, 2014
Publication Date:
January 13, 2014
Effective Dates:
January 13, 2014 through
June 11, 2014
6.
EmR1405
(DNR # WM-24-13(E)) — The Wisconsin Natural Resources Board proposes an order to proposes an order to repeal sections
NR 10.01 (3) (ed)
,
(es) 3.
, and
(et)
,
10.07 (3)
,
10.09 (2)
,
10.28 (3)
, and
45.09 (9)
, to amend
sections
NR 1.15 (1) (a)
,
(b)
, and
(c) 1.
,
(2) (a) (intro.)
and
(at)
, and
(3)
,
10.001 (2e)
,
(6p)
, and
(19e)
,
10.01 (3) (es) 1.
and
2.
and
(3) (ev)
,
10.02 (3)
,
10.06 (8) (b)
and
(note)
,
10.07 (2m) (b) 1.
,
10.102 (1) (e) 4.
,
10.105 (1)
,
(2)
, (4,) and (7), 10.106 (intro.) and (1), 12.06 (1), (2), and (4), 12.16 (4), 13.38 (2) (b) and (Note), and 19.60 (2) (b) 1.
, to repeal and recreate
sections
NR 1.15 (2) (a) 8.
,
10.01 (3) (e)
and
(em)
,
10.104
,
10.106 (2)
,
10.28 (1)
and
(2)
,
10.28 (4)
, and
10.41
, and to create
Chapter
NR 10
(Title.) and sections
NR 10.001(1k)
and
(23a)
and
(b)
,
10.01 (2) (b)
(Note) and (4) (dm) (Note), and Subchapter II
, relating to deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report.
This emergency rule was approved by the Governor on February 10, 2014
The statement of scope for this rule, SS
098-13
, was approved by the Governor on July 23, 2013, published in
Register No. 692
, on August 14, 2013, and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency
A non-statutory provision, SECTION
9132
of
2013 Act 20
, establishes that the department may promulgate rules to implement the 2012 final deer management report and that the department is not required to make a finding of emergency.
Filed with LRB:
February 25, 2014
Publication Date:
March 7, 2014
Effective Dates:
March 7, 2014 through
June 30, 2015
Public Instruction
EmR1324
— The State Superintendent of Public Instruction hereby proposes to amend
sections
PI 5.02 (6)
and
(11m)
,
5.035 (6)
, and
5.04
, relating to high school equivalency diplomas and certificates of general educational development.
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 obtain the Governor's approval for the statement of scope or this rule.
The scope statement for this rule, SS
093-13
, was published in
Register No. 692
, on August 14, 2013, and approved by State Superintendent Tony Evers on August 27, 2013.
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:
The number of subtests and the passing scores for the General Educational Development (GED) Test will be changing in January 2014 when a new test is implemented by the GED Testing Service.
Unless the rule is changed to reflect these new subtests and passing scores, the Department may be prevented from issuing credentials for test takers who pass the GED Test because the required passing scores will be incorrect.
Filed with LRB:
December 27, 2013
Publication Date:
December 27, 2013
Effective Dates:
December 27, 2013 through
May 25, 2014
Hearing Date:
February 24, 2014
Revenue
EmR1323
— The Wisconsin Department of Revenue hereby adopts an emergency rule interpreting s.
77.58 (1) (a)
and
(5)
, Stats., and amending
section
Tax 11.93
, relating to sales tax filing frequency.
This emergency rule was approved by the Governor on November 15, 2013.
The scope statement for this rule, SS
100-13
, was approved by the Governor on August 2, 2013, published in
Register No. 692
on August 31, 2013, and approved by the Secretary of Revenue on September 10, 2013.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Section
77.58 (1)
, Stats., provides that retailers must file sales tax returns quarterly, except as provided in s.
77.58 (1) (a)
and
(b)
, Stats., which allows for sales tax returns to be filed monthly.
Section
77.58 (5)
, Stats., provides that the department may require returns and payments on the amount of taxes for other than a quarterly period if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes. The department has provided for annual sales tax returns by rule in s.
Tax 11.93 (1)
for retailers that have an annual tax liability of $300 or less.
Because
2013 Wis. Act 20
doubles the threshold upon which a monthly sales tax return is required to be filed ($600 to $1200), s.
Tax 11.93 (1)
should also be changed to reflect a similar increase in the threshold upon which an annual sales tax return can be filed.
As the statutory change to the monthly filing standard goes into effect on January 1, 2014, the corresponding change to the annual filing standard in s.
Tax 11.93 (1)
should also go into effect on January 1, 2014. There is insufficient time for the permanent rule to be effective on January 1, 2014.
Filed with LRB:
December 19, 2013
Publication Date:
January 1, 2014
Effective Dates:
January 1, 2014 through
May 30, 2014
Hearing Date:
January 27, 2014
Safety and Professional Services
Uniform Dwelling Code, Chs. 320—325
EmR1403
— The Wisconsin Department of Safety and Professional Services adopts an order to amend
sections
SPS 321.02 (1) (c)
,
321.23
, Table 321.25–A, 321.25 (7) (d) and (8) (a) (Note), and Chapters
320
to
325
Appendix — Minimum Fastener Schedule Table
; and to repeal and recreate
section
SPS 321.25 (8) (b)
to
(h)
and
(9)
, relating to wall bracing for one- and two-family dwellings.
This emergency rule was approved by the Governor on January 28, 2014.
The statement of scope for this rule, SS
139-13
, was approved by the Governor on October 28, 2013, published in
Register 695
on November 14, 2013, and approved by the Department on November 26, 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.
Some building designers find the current rules for wall bracing for one- and two-family dwellings are too difficult to understand and apply, which results in unnecessary costs and delays in home building. Promulgating revisions to the rules through the emergency rule process is needed in order to avoid these costs and delays as soon as possible. In addition, the report that the Dwelling Code Council is required to complete by July 1, 2014, under section
101.62 (4)
of the Statutes is expected to include recommendations to clarify and simplify these rules through the emergency rule process.
Filed with LRB:
February 13, 2014
Publication Date:
February 19, 2014
Effective Dates:
April 1, 2014 through
August 28, 2014
Hearing Date:
March 11, 2014
Safety and Professional Services —
Controlled Substances Board
EmR1318
— The Controlled Substances Board adopts an order to create
section
CSB 2.36
, relating to scheduling controlled substances.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this rule, SS
062-13
, was approved by the Governor on May 29, 2013, published in
Register 690
on June 15, 2013, and approved by the Controlled Substances Board on July 15, 2013.
Finding of Emergency
The Controlled Substances Board 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:
The Brown County District Attorney's office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning a controlled substance analog. UR-144, XLR-11, and AKB48 are pharmacologically similar to Schedule I substances THC and JWH-018. By sharing pharmacological similarities with the Schedule I substances, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. UR-144, XLR-11, and AKB48 are being marketed as "legal" alternatives to marijuana. This characterization (and the reputation as potent herbal intoxicants) has increased their popularity and prevalence.
The Controlled Substances Board finds that scheduling of UR-144, XLR-11, and AKB48 on an emergency basis is necessary to avoid an imminent hazard to public safety. The substances are not included in any other schedule and no exemption or approval is in effect for the substance under
21 USC 355
.
On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.
Filed with LRB:
October 17, 2013
Publication Date:
October 13, 2013
Effective Dates:
October 13, 2013 through
October 12, 2014
Hearing Date:
November 11, 2013
Transportation
EmR1404
— The Wisconsin Department of Transportation proposes an order to create
section
Trans 327.14
, relating to motor carrier safety and affecting small businesses.
This emergency rule was approved by the Governor on February 10, 2014.
The statement of scope for this rule, SS
155-13
, was approved by the Governor on December 16, 2013, published in
Register 696
, on December 31, 2013, and approved by Secretary Mark Gottlieb as required by s.
227.135 (2)
, Stats., on January 13, 2014.
Finding of Emergency
The welfare of commercial motor vehicle drivers who hold a commercial driver license ("CDL") issued by the State of Wisconsin who operate commercial motor vehicles outside this state will be harmed beginning January 30, 2014, if they cannot demonstrate compliance with recent federal regulations because they will be treated by other states as unlicensed drivers. Beginning on January 1, 2014, federal regulations require CDL holders to have certified to DOT the type of commercial driving they do and, if required, to have submitted proof of medical fitness to drive, and to have their driving records updated by DOT to show these actions, before driving a commercial motor vehicle. The Department published the scope statement for permanent rulemaking in September 2011 to implement these federal requirements. The permanent rulemaking effort is ongoing but will not take effect before the January 30, 2014 deadline for compliance.
Filed with LRB:
February 14, 2014
Publication Date:
February 16, 2014
Effective Dates:
February 16, 2014 through
July 15, 2014
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
Extension Through:
April 26, 2014
Workforce Development
Apprenticeship, Chs. DWD 295-296
EmR1406
— The Wisconsin Department of Workforce Development hereby adopts the following emergency rule to create
section
DWD 295.25
, relating to apprenticeship completion awards.
The emergency rule was approved by the governor on March 21, 2014.
The statement of scope for this emergency rule was approved by the Governor on February 13, 2014, published in
Register No. 698
on February 28, 2014, and approved by the Secretary of the Department of Workforce Development on March 11, 2014.
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 facts constituting an emergency include:
(1) Wisconsin currently has more than 2,100 employers participating in, and training individuals, under the apprenticeship program.
(2) During 2013, Wisconsin had 9,723 valid apprenticeship contracts.
(3) Over the past ten years, the completion rate of the apprenticeship program averaged between 55-60%.
(4)
2013 Wisconsin Act 57
creates an apprenticeship completion award program to be administered by the department of workforce development to partially reimburse tuition costs incurred by an apprentice who has successfully completed part or all of the requirements of their apprenticeship contract, and is employed in the trade, occupation, or business under the apprenticeship contract, or the sponsor of the apprentice.
(5) The department of workforce development has received general purpose revenue (GPR) funds of $225,000 in fiscal year 2013-14 and 2014-15, to distribute up to 25%, or $1,000, whichever is less, of the tuition costs incurred by the apprentice and sponsor of the apprentice. The amount of the first payment upon successful completion by the apprentice of the first year of the contract may not exceed $250.
(6) The department of workforce development is adopting this emergency rule to prevent a potential hardship to Wisconsin's apprenticeship program participants. Adoption of this emergency rule will ensure those participating in an eligible apprenticeship contract may begin receiving apprenticeship completion awards as soon as possible.
Because a permanent rule cannot be adopted in time, GPR funds for fiscal year 2013-14 would be lost if the emergency rule is not adopted.
Filed with LRB:
March 26, 2014
Publication Date:
March 27, 2014
Effective Dates:
March 27, 2014 through
August 23, 2014
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
Extension Through:
April 28, 2014
