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
Extension Through:
March 3, 2015
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 (3)
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
Hearing Date:
December 11, 2014
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
3.
EmR1426
— 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 November 26, 2014.
The statement of scope for this rule, SS
112-14
, was approved by the Governor on October 16, 2014, published in
Register 706
B, on October 31, 2014, and approved by Secretary Mark Gottlieb as required by s.
227.135 (2)
, Stats., on November 11, 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, 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.
Filed with LRB:
December 3, 2014
Publication Date:
December 4, 2014
Effective Dates:
December 4, 2014 through
May 5, 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
June 30, 2015 or the date on
which permanent rules take
effect, whichever is sooner.
(corrected)
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
