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.
Agriculture, Trade and Consumer Protection (2)
1.
EmR1413
(ATCP DOCKET # 14-R-09) — The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following emergency rule to amend
chapter ATCP 127, subchapter V (Title) and section 127.82 (2)
; to repeal
sections
ATCP 127.81 (3) (c)
,
(d)
,
(e)
and (Note) and 127.82 (3), (4), (5), (6), and (7)
; to repeal and recreate
sections
ATCP 127.80 (5)
,
127.81 (2) (j)
,
127.82
(Title) and (1) and 127.82 (8)
; and to create
section
ATCP 127.80 (6r)
, relating to telephone solicitations and the state do-not-call registry.
This emergency rule was approved by the Governor on July 29, 2014.
The scope for this rule, SS
049-14
, was approved by the Governor on May, 14, 2014, published in register No. 701 on May 31, 2014, and approved by the Board of Agriculture, Trade and Consumer Protection on June 12, 2014.
Finding of Emergency
(1) In Wisconsin, businesses wishing to solicit consumers by telephone must register with the department and pay an annual registration fee.
(2) A recent statutory change eliminated Wisconsin's separate no-call list and requires telephone solicitors to use the Wisconsin portion of the national do-not-call registry.
(3) The law also requires the department to create telephone solicitor registration requirements by rule that will show proof that the businesses have registered with the federal trade commission's do-not-call registry to obtain and use the Wisconsin portion of the national do-no-call registry.
(4) The statutory change takes effect August 1, 2014. However, the permanent rule-making establishing these registration requirements will not be effective until mid-2015.
(5) The department must adopt registration requirements by emergency rule by August 1, 2014 so telephone solicitors can register with the department and comply with the law before the permanent rule is completed.
(6) This temporary emergency rule is necessary to protect the welfare of businesses that wish to register as telephone solicitors in Wisconsin. Without this emergency rule, telephone solicitors would not be able to register with the department and would not be able to comply with the no-call law.
Filed with LRB:
July 29, 2014
Publication Date:
August 1, 2014
Effective Dates:
August 1, 2014 through
December 28, 2014
2.
EmR1424
— The Wisconsin Department of Agriculture, Trade and Consumer Protection 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 Columbia, Door, Grant, Green, Iowa, Lafayette, Monroe, and Richland Counties for the emerald ash borer beetle.
This emergency rule was approved by the Governor on September 11, 2014.
The blanket scope for this rule, SS
141-13
, was approved by the Governor on October 30, 2013, published in register No. 695 on November 14, 2013, and approved by the Board of Agriculture, Trade and Consumer Protection on December 10, 2013.
Finding of Emergency
(1) The United States Department of Agriculture — Animal and Plant Health Inspection Service ("APHIS") positively identified Emerald Ash Borer ("EAB") in the village of Fish Creek, Door County on June 10, 2014. EAB was also identified in the city of Sturgeon Bay on June 19, 2014. APHIS subsequently identified EAB in Nelson Dewey State Park, Grant County, and in the Village of Oakdale, Monroe County, on July 11, 2014. On July 17, 2014, APHIS identified EAB in the Town of Lodi, Columbia County. While EAB has not yet been positively identified in the southwestern contiguous counties of Richland, Iowa, Lafayette, and Green, these four counties are now completely surrounded by the state and federal EAB quarantine. It is very likely that these counties already contain some level of EAB infestation, and there is little economic or ecological benefit to keeping them out of the quarantine. 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 Columbia, Door, Grant, Green, Iowa, Lafayette, Monroe, and Richland Counties but that it will take six to eight weeks for APHIS to act. An eight-week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of this county to areas of Wisconsin or other states that are not infested with EAB.
(2) 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 25, 2014
Publication Date:
September 26, 2014
Effective Dates:
September 26, 2014 through
February 22, 2015
Hearing Date:
October 27, 2014
Children and Families
Safety and Permanence, Chs. DCF 35—59
EmR1414
— The Wisconsin Department of Children and Families orders the renumbering of
sections
DCF 50.06 (2)
,
57.515 (1)
, and
58.04 (4) (a)
and
(b)
; the renumbering and amendment of
section
DCF 57.515
; the amendment of
sections
DCF 50.06 (3) (b) 1.
,
52.02 (2) (a)
and
(note)
,
52.03 (23)
,
52.12 (8) (b)
and
(9) (c) (intro.)
and
1.
,
52.21 (3) (d) 2. a.
and
(9)
,
52.22 (1) (d)
,
52.41 (1) (a) 3.
,
52.48 (1) (b)
,
52.56 (24) (a)
,
52.58 (4) (b) 1.
and
2.
,
52.61 (7) (a) 2. c.
to
e.
,
52.62 (4) (b) 4.
, and
(7) (a) (intro.)
and
2.
to
5.
,
55.10 (4) (a) (intro.)
,
1.
, and
2. a.
,
56.03 (12)
,
(13)
,
(34p)
, and
(38)
,
57.02 (2)
and
(note)
,
57.05 (1) (c)
(note)
,
57.13 (1) (j)
,
57.14 (2)
and
(4) (a) 1.
,
57.16 (4)
,
57.17 (2) (h)
,
57.23 (2) (a) (intro.)
,
57.25 (6) (b)
and
(c)
,
57.33 (2)
,
57.38 (2)
, and
58.03 (12)
and
(15)
; the repeal and recreation of
sections
DCF 52.03 (22)
,
52.21 (3) (d)
(title)
,
1.
, and
2.c.
,
52.62 (4) (b) 5.
,
54.01 (4) (b)
,
56.03 (5)
,
57.04 (6)
and
(34)
,
57.19 (6)
,
58.03 (3)
, and
58.04 (4) (title)
; and the creation of
Chapter
DCF 21
and sections
DCF 50.06 (2) (a)
(title)
and
11.
,
(2) (b)
, and
(3) (b) 1. c.
,
52.03 (27m)
,
52.21 (3) (d)
(note)
,
52.62 (4) (d)
and
(note)
,
55.10 (4) (a) 3.
and
(am)
,
56.04 (39)
,
56.09 (1m) (cm)
,
57.14 (2) (c)
,
57.23 (2) (a) 13.
,
57.515 (2)
and
(note)
,
58.03 (20)
, and
58.04 (4) (b)
, relating to the extension of out-of-home care to children and youth 18 years of age or over, but under 21 years of age, and affecting small businesses.
This emergency rule was approved by the governor on July 25, 2014.
The statement of scope for this rule, SS
045-14
, was approved by the governor on May 8, 2014, published in
Register 701
, on May 31, 2014, and approved by Secretary Eloise Anderson on June 20, 2014.
Finding of Emergency
Section
118 (1) (b)
of
2013 Wisconsin Act 334
allows the department to promulgate an emergency rule to implement the extension of out-of-home care to children and youth 18 years of age or over, but under 21 years of age, under ss.
48.366
and
938.366
, Stats., as an emergency rule without a finding of emergency.
Filed with LRB:
July 29, 2014
Publication Date:
August 1, 2014
Effective Dates:
August 1, 2014 through
December 28, 2014
Hearing Date:
October 16, 2014
Health Services
Health, Chs. DHS 110—
EmR1410
— The Wisconsin Department of Health Services hereby adopts emergency rules to renumber and amend
section
DHS 115.05 (3)
; to amend
sections 115.01, 115.02, and 115.04 (intro.)
; and to create
section 115.04 (15) and (16)
, relating to screening newborns for congenital and metabolic disorders.
This emergency rule was approved by the Governor on June 27, 2014.
The statement of scope for this rule, SS
057-14
, was approved by the Governor on June 5, 2014, published in
Register 702
, on June 14, 2014, and approved by Secretary Rhoades on June 25, 2014.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
1. Section
253.13 (1)
, Stats., requires attending physicians and nurses licensed under s.
441.15
, Stats., to cause every infant born in each hospital or maternity home, prior to the infant's discharge to be subjected to tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse licensed under s.
441.15
, Stats., or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these tests.
2. Section
DHS 115.04
lists the disorders for which newborns must be tested under s.
253.13 (1)
, Stats.
3. Critical congenital heart disease (CCHD) is described as those congenital cardiac malformations in which surgical or catheter-based therapy is necessary within the first months of life. There are 12 lesions commonly considered as CCHD. In some circumstances, infants with CCHD may be asymptomatic and have a normal physical examination prior to routine hospital discharge or completion of home birth care. Unrecognized CCHD can result in death or disability shortly after hospital discharge.
4. Death due to unrecognized CCHD from 2002 to 2006 occurred in 1:38,397 Wisconsin births and death or re-hospitalization occurred in 1:24,684 Wisconsin births before two weeks of age. The median age at death due to unrecognized CCHD was 4.5 days.
5. Pulse oximetry, a point of care testing, is the recognized screening method for CCHD.
6. Prior to
2013 Wisconsin Act 135
, adding pulse oximetry screening for CCHD to the mandatory panel was not permitted because testing for congenital and metabolic disorders under s.
235.13 (1)
, Stats. (2011-12), was explicitly limited to blood testing. Section
253.13 (1)
, Stats., as amended by
2013 Wisconsin Act 135
, now allows testing for congenital and metabolic disorders using other screening methods including blood testing.
7. The Wisconsin State Laboratory of Hygiene (WSLH) tests newborns for organic acidemias (OA), a group of inherited disorders that lead to an abnormal buildup of particular acids, known as organic acids, in the body.
8. Abnormal levels of organic acids in the blood (organic acidemia), urine (organic aciduria), and tissues can be toxic and can cause serious health problems.
A baby affected with an OA is usually well at birth and for the first few days of life. The usual clinical presentation is that of toxic encephalopathy and includes vomiting, poor feeding, neurologic symptoms such as seizures and abnormal tone, and lethargy progressing to coma. Outcome is improved by diagnosis and treatment in the first ten days of life.
9. Propionic acidemia and methylmalonic acidemia are two types of organic acidemias. In propionic academia and methylmalonic acidemia, the body is unable to process certain parts of proteins and lipids (fats) properly. In most cases, the features of propionic acidemia become apparent within a few days after birth. Propionic acidemia affects about 1 in 100,000 people in the United States. The effects of methylmalonic acidemia, which usually appear in early infancy, vary from mild to life-threatening. Without treatment, this disorder can lead to coma and death in some cases. This condition occurs in an estimated 1 in 50,000 to 100,000 people.
10. Though OA was determined to have met the criteria under s.
DHS 115.06
for being added to the list of congenital and metabolic disorders for which WSLH must test the blood samples of newborns, the conditions were inadvertently omitted from the list of conditions in s.
DHS 115.04
during subsequent revisions.
11. The process for promulgating permanent rules may take 24 months to complete, or longer if the department is unable to submit the permanent rules to the legislature prior to its last general business floor period in 2016.
Filed with LRB:
June 27, 2014
Publication Date:
July 3, 2014
Effective Dates:
July 3, 2014 through
November 29, 2014
Hearing Date:
August 15, 2014
Insurance
EmR1408
— The Commissioner of Insurance proposes an order to amend section
Ins 17.01 (3)
; and to repeal and recreate section. Ins 17.28 (6), Wis. Admin. Code, relating to the Injured Patients and Families Compensation Fund Annual Fund and mediation panel fees, for the fiscal year beginning July 1, 2014 and affecting small business.
This emergency rule was approved by the Governor on June 12, 2014.
The statement of scope for this rule, SS
147-13
, was approved by the Governor on November 18, 2013, published in
Register No. 695
, on November 30, 2013, and approved by the Commissioner on May 8, 2014.
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, 2014 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 18, 2013 and the mediation panel fees established by the Board of Governors at the meeting held on March 19, 2014.
Filed with LRB:
June 13, 2014
Publication Date:
June 18, 2014
Effective Dates:
June 18, 2014 through
November 14, 2014
Hearing Date:
August 12, 2014
Extension Through:
January 13, 2015
Natural Resources (10)
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
.
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
Extension Through:
January 9, 2015
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
7.
EmR1418
(DNR # WM-11-14(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections
NR 10.01
(b) and
10.06 (5)
and to create s
ections
NR 10.01 (1) (a)
and
10.06 (5) (a)
, related to establishing an early duck season for teal-only and the hunting regulations for teal and mourning doves.
The rule was adopted by the Natural Resources Board on June 25, 2014, approved by the Governor on August 27, 2014, and signed by Policy Director Michael L. Bruhn for Secretary Cathy Stepp, also on August 27, 2014.
The statement of scope for this rule, SS
020-14
, was approved by the Governor on March 10, 2014, published in
Register No. 699
, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Statement of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:
August 28, 2014
Publication Date:
September 1, 2014
Effective Dates:
September 1, 2014 through
January 28, 2015
Hearing Date:
October 29, 2014
This rule was approved by the Governor on August 27, 2014.
The statement of scope for this rule, SS
020-14
, was approved by the Governor on March 10, 2014, published in
Register No. 699
, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:
September 8, 2014
Publication Date:
September 11, 2014
Effective Dates:
September 11, 2014 through
February 7, 2015
Hearing Date:
October 29, 2014
9.
EmR1420
(DNR # WM-05-14(E)) — The Wisconsin Natural Resources Board proposes an order to repeal section
NR 10.001 (2e)
,
10.09 (1) (c) 1. e.
and (Note)
; to amend
sections
NR 10.06 (5)
,
10.06 (8) (a)
and
(b)
,
10.07 (1) (b) 3.
,
10.07 (2m) (g) 2.
,
10.09 (1) (c)
,
10.09 (3)
,
10.10 (2)
,
10.11 (5) (a)
,
10.103 (1)
,
10.104 (7)
,
10.104 (9r)
,
10.15 (1) (a)
,
10.15 (6)
,
10.16 (Intro.)
,
10.16 (2)
,
10.22 (1)
,
10.23 (2) (a)
,
10.24 (2)
,
10.25 (4) (a)
,
11.042 (intro.)
,
11.043 (intro.)
,
11.11 (intro.)
,
12.16 (4)
,
15.01 (intro.)
,
15.015 (intro.)
,
15.10 (1) (intro.)
and
15.12 (intro.)
,
45.09 (1)
, and
45.13 (18)
,
(21)
, and
(24)
; and to create
sections
NR 10.01 (3) (em)
(Note) and (3) (ep), 10.104 (7) (c), 10.15 (3m), and 10.16 (2m)
, related to establishing a season for hunting deer with crossbows-only.
This rule was approved by the governor on September 8, 2014.
The statement of scope for this rule, SS
018-14
, was approved by the Governor on March 10, 2014, published in
Register No. 699
, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Finding of Emergency
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in
2013 Act 61
and is exempted from making a finding of emergency under non-statutory provisions of the ACT.
Filed with LRB:
September 9, 2014
Publication Date:
September 12, 2014
Effective Dates:
September 12, 2014 through
February 8, 2015
Hearing Date:
October 29, 2014
This emergency rule was approved by the Governor on September 10, 2014.
The statement of scope for this rule, SS
056-14
, was published in
Register No. 702
, on June 14, 2014 and approved by the Natural Resources Board at its June 25, 2014 meeting.
Finding of Emergency
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in s.
29.040
Stats., established by 2013 ACT 20 and is exempted from making a finding of emergency under non-statutory provisions in Section 9132 of the ACT.
Filed with LRB:
September 15, 2014
Publication Date:
September 19, 2014
Effective Dates:
September 19, 2014 through
February 15, 2015
Hearing Date:
October 29, 2014
Natural Resources
Environmental Protection — General, Chs. NR 100—
EmR1417
(DNR # OE-10-14(E)) — The Wisconsin Natural Resources Board proposes an order to repeal
sections
NR 150.10 (1m) (b)
and
150.20 (3) (a) 4.
and
5.
; to amend
sections
NR 150.03 (1)
,
(15) (intro.)
,
(19)
,
(25)
, and
(26)
,
150.10 (1)
and
(1m)
( a), (c) (intro.), and (2) (a), 150.20 (1), (1m) (j), (k), and (L), (2) (a) (intro.), 4., 10., 11., and 16., (3) (a) (intro.), and (4) (b) (intro.), and 150.35
; and to create
section
NR 150.20 (1)
(Note), (1m) (k) (Note), (m) to (y), and (2) (a) 20. to 27.
, relating to the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act.
The emergency rule was adopted by the Natural Resources Board On August 13, 2014, approved by the Governor on August 27, 2014 and signed by Policy Director Michael L. Bruhn for Secretary Cathy Stepp, also on August 27, 2014.
The scope statement number is SS
051-14
. The governor approved the scope statement on May 15, 2014, and the scope statement was published in register No. 701 on May 31, 2014.
Finding of Emergency
Significant revisions to ch.
NR 150
became effective on April 1, 2014. The changes proposed are needed to clarify procedures for the review and analysis of new administrative rules and other actions and policies to assure that the intent of the recent revisions to ch.
NR 150
is being met and potential procedural questions do not invalidate years of work and public engagement. Additionally, the changes will clarify the intent of the April 1, 2014 revisions for procedures for WEPA compliance determinations, publication requirements, and plan approvals for various actions and policies, to prevent any misunderstandings or resulting challenge or delay regarding that intent.
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary to allow timely processing and implementation of department rule proposals, actions, and policies. Preservation of the public welfare necessitates putting the forgoing rule into effect prior to the time that it would take if the Department complied with normal rule promulgation procedures.
Filed with LRB:
August 28, 2014
Publication Date:
August 31, 2014
Effective Dates:
August 31, 2014 through
January 27, 2015
Hearing Date:
September 26, 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
Extension Through:
January 26, 2015
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
Safety and Professional Services
Plumbing, Chs. SPS 381—387
EmR1423
— An order of the Department of Safety and Professional Services to renumber
Chapter
SPS 384
Table 384.10 rows 1 to 5
, to renumber and amend
Chapter
SPS 384
Table 384.10 row 6
, and to create
Chapter
SPS 384
Table 384.10 rows 1 and 9 and (Note)
, relating to water-treatment devices.
This emergency rule was approved by the Governor on September 12, 2014.
The statement of scope for this rule, SS 037–14, was approved by the Governor on April 17, 2014, published in
Register 701
on May 14, 2014, and approved by the Department on May 29, 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.
Under current rules, water treatment devices — including water softeners — may need two separate approvals before being used in Wisconsin. The first approval is typically from a third party, such as NSF International, and is based on an industry standard. The second approval is under SPS chapter 384, which addresses situations where a plumbing product must receive approval from the Department. Due to prolonged extreme weather conditions this past winter, spring, and summer, more private well owners than usual have chosen to upgrade their water supply systems this year. The Department has reason to believe that its secondary review is delaying some of these well owners from accessing plumbing products which would improve the safety of their drinking water. These products have been approved under industry standards and are available to consumers in other states but have not yet received approval from the Department. Promulgating revisions through the emergency rule process is needed to avoid further delays in using these products.
Filed with LRB:
September 25, 2014
Publication Date:
September 27, 2014
Effective Dates:
September 27, 2014 through
February 23, 2015
Hearing Date:
October 27, 2014, 2014
Transportation (2)
1.
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
2.
EmR1425
— The Wisconsin Department of Transportation proposes an order to create
Chapter
Trans 319
, relating to towing of vehicles.
This Emergency Rule was approved by the Governor on September 26, 2014.
The Statement of Scope for this Emergency Rule, SS
064-14
, was approved by the Governor on July 1, 2014, published in
Register No. 703
on July 14, 2014, and approved by Secretary of the State of Wisconsin Department of Transportation Mark Gottlieb, P.E., as required by s.
227.135(2)
, Stats, on July 28, 2014.
Exemption from Finding of Emergency
Filed with LRB:
October 1, 2014
Publication Date:
October 2, 2014
Effective Dates:
October 2, 2014 through
February 28, 2015
Hearing Date:
November 11, 2014
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
Hearing Date:
November 12, 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:
December 21, 2014
