EmR1421 Amends Chapter Trans 102, relating to operator's licenses and identification cards.

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:   September 12, 2014

Transportation (2)

1.   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

2.   EmR1421 — The Wisconsin Department of Transportation proposes an order to amend Chapter Trans 102 , relating to operator's licenses and Identification cards.

This emergency rule was approved by the Governor on September 11, 2014.

The scope statement for this rule, SS 080-14 , was approved by the Governor on August 19, 2014, and published in Wisconsin Administrative Register No. 704 , on August 31, 2014 and approved by the Secretary of Transportation on September 10, 2014.

Finding of Emergency

On July 31, 2014, the Wisconsin Supreme Court upheld 2011 Wisconsin Act 23 , which requires certain identification in order to vote at a polling place or obtain an absentee ballot. NACCP v. Walker , 2014 WI 98 .

The Department of Transportation's Division of Motor Vehicles ("DMV") is required by 2011 Wisconsin Act 23 to issue an identification ("ID") card free of charge to any U . S. citizen who will be at least 18 years of age on the date of the next election and who requests the ID card free of charge for voting purposes, provided they meet statutory requirements.

This emergency rule may be necessary to preserve public welfare by ensuring that DMV will implement the requirements of 2011 Wisconsin Act 23 in a manner consistent with the requirements of NAACP v Walker , should the federal injunction against that act be lifted.

Filed with LRB:   September 15, 2014

Publication Date:   September 17, 2014

Effective Dates:   September 17, 2014 through     February 13, 2015

Veterans Affairs

EmR1416 — The Department of Veterans Affairs hereby adopts an order to create section VA 2.07 , relating to grants to non-profit organizations.

This emergency rule was reviewed by the Board of Veterans Affairs on July 15, 2014 and approved by the Governor on August 20, 2014.

The statement of scope for this rule, SS 038-14 , was approved by the Governor on April 21, 2014, published in Register No. 701 on May 14, 2014, and approved by Secretary John A. Scocos on May 27, 2014.

Finding of Emergency

The Legislature by Section 9 of 2013 Act 190 provides an exemption from a finding of emergency for the adoption of this rule.

Filed with LRB:   August 28, 2014

Publication Date:   August 29, 2014

Effective Dates:   August 29, 2014 through       January 25, 2015

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