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
.
3.
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
4.
EmR1405
(DNR # WM-24-13(E)) — The Wisconsin Natural Resources Board 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
5.
EmR1409
(DNR # FH-03-14(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections
NR 20.36 (2)
and
23.055 (2)
, relating to modifications in daily bag limits and minimum size limits in response to tribal harvest.
This emergency rule was approved by the Natural Resources Board on May 28, 2014, and by the governor on June 6, 2014.
The statement of scope for this rule was approved by the governor on February 14, 2014, published in
Register No. 698
on February 28, 2014, and approved by the Natural Resources Board on March 19, 2014.
Statement of Emergency
This emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters.
Filed with LRB:
June 16, 2014
Publication Date:
June 14, 2014
Effective Dates:
June 14, 2014 through
November 10, 2014
Hearing Date:
July 14, 2014 and
July 16, 2014
This emergency rule was approved by the Governor on June 25, 2014.
The statement of scope for this rule, SS
124-13
, was approved by the governor on September 20, 2013, published in
Register No. 694
, on October 14, 2013, and approved by the Natural Resources Board on December 11, 2013.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified to preserve the public welfare and interest in ensuring a sustainable population of Blanding's turtles. The Blanding's turtle is proposed for delisting from the State's Threatened Species list per administrative rule ER-27-11, which is expected to take effect as early as December 2013. Although the Blanding's turtle no longer meets the scientific criteria for listing, the Department feels that the population is nonetheless too vulnerable to survive the threat of harvest and collection, and believes emergency rules are needed to ensure a proper recovery before these activities are permitted.
All turtles not listed as threatened or endangered in ch.
NR 27
or as otherwise specified have a 135-day open season (July 15-November 30) during which members of the public may capture and possess up to 5 individuals [s.
NR 19.275 (4)
,
21.13 (4)
and
22.13 (4)
] per day. Permanent rule-making to protect Blanding's turtles from this harvest will not go into effect until after the 2014 open season for turtles is already underway. An emergency rule is therefore necessary to prevent the harvest and possession of Blanding's turtles during the 2014 open season until the permanent rule goes into effect.
The anticipated impact of collection and harvest to Blanding's turtle conservation and recovery in the state necessitates putting the emergency rule into effect during the 2014 open season for turtles while the agency complies with the permanent rule-making procedures.
Filed with LRB:
July 10, 2014
Publication Date:
July 13, 2014
Effective Dates:
July 13, 2014 through
December 9, 2014
Hearing Date:
August 27, 2014
Public Instruction
EmR1411
— The State Superintendent of Public Instruction hereby creates
Chapter
PI 80
, relating to community programs and services.
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
043-14
, was published in
Register No. 701
, on May 14, 2014, and approved by State Superintendent Tony Evers, on May 27, 2014.
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:
Unless an emergency rule is promulgated, school districts will not know which activities would be considered ineligible costs for the Community Programs and Services Fund for the 2014-15 school year. Not having this information could result in school districts unintentionally making expenditures from the Community Programs and Services Fund in 2014-15 that are deemed "ineligible costs" after the school board has made budget decisions and set a tax levy for the 2014-15 school fiscal year. Such a finding would then result in a negative adjustment to the district's revenue limit authority for the following 2015-16 school year, per s.
121.91 (4) (r)
, Stats., as created by
2013 Wisconsin Act 306
. A district's revenue limit authority controls the amount of combined State General Aid and local property taxes revenues for a district. Thus, a district's revenue limit authority for the 2015-16 school year could be negatively impacted based on a definition of "ineligible costs" that was not in place at the time the district made its 2014-15 budget decisions and set the 2014-15 tax levy (by November 2014) for the Community Programs and Services Fund.
Filed with LRB:
June 27, 2014
Publication Date:
July 1, 2014
Effective Dates:
July 1, 2014 through
November 27, 2014
Hearing Date:
September 4, 2014
Safety and Professional Services
General Part I, Chs. 301—319
EmR1415
— An order of the Department of Safety and Professional Services to amend
section
SPS 305.40 (2) (b)
,
(3) (b)
,
(4) (a) 1.
,
(b)
,
(c)
, and
(d) 1.
, and
(5)
and to create
sections
SPS
Table 305.02 Row 24r, Table 305.06 Row 19r, 305.40 (1) (bm), and 305.437
, relating to credentials for electricians.
This emergency rule was approved by the Governor on July 29, 2014.
The statement of scope for this rule, SS 041–14, was approved by the Governor on April 30, 2014, published in
Register No. 701
on May 14, 2014, and approved by the Department on May 27, 2014.
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.
SECTION
15
of
2013 Wisconsin Act 143
exempts any electrician who was born on or before January 1, 1956, and who has at least 15 years of experience in installing, repairing, or maintaining electrical wiring, from the electrical licensure and supervision requirements in sections
101.862 (2)
and
(3)
of the Statutes. SECTION 15 also requires the Department to promulgate rules establishing criteria and procedures for issuing a corresponding credential to these grandfathered electricians.
Because of Act 143, the statutory requirements are now out of step with the Department's administrative rules – and the stakeholders who are affected by these statutory changes are confused by the differences. For example, there has been substantial confusion on what these grandfathered electricians can or need to do and how local governmental units should treat them. Promulgating revisions to the rules through the emergency rule process is needed in order to minimize the confusion and any hardship as soon as possible.
Filed with LRB:
August 1, 2014
Publication Date:
August 6, 2014
Effective Dates:
August 6, 2014 through
January 2, 2015
Hearing Date:
March 11, 2014
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
Extension Through:
September 13, 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
Hearing Date:
May 15, 2014
Extension Through:
October 22, 2014
