The public defender received discovery bills totaling $717,000 for the fiscal year that ended June 30, 2009. Although discovery costs are caseload driven, this represents a nearly five-fold increase since 2001 and is due primarily to two factors. First, in the past many counties and municipalities did not bill the state public defender for copies of discovery materials. Because local budgets have come under increasing pressure, most now do so. Second, 2005 Wisconsin Act 60 resulted in more widespread use of audio and video recordings of interrogations by law enforcement, copies of which must be provided to the defense.
The public defender board's requests for cost-to-continue budget increases for discovery payments in 2007-2009 and in 2009-2011 were not funded. Instead, the FY 2009-2011 budget act reduced this appropriation by 1%, leaving a base budget of $141,100, and directed the board to promulgate rules to address the funding shortfall.
Publication Date: October 3, 2009
Effective Dates: October 3, 2009 through
March 1, 2010
Hearing Date: November 16, 2009
Public Instruction (4)
emergency_rules EmR0916 1. EmR0916 A rule adopted revising ss. PI 35.03 and 35.05, relating to establishing a fee under the Milwaukee Parental Choice Program.
Exemption From Finding of Emergency
Pursuant to Section 9139 (3) of the nonstatutory provisions of 2009 Wisconsin Act 28, the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Publication Date: September 1, 2009
Effective Dates: September 1, 2009 through
January 28, 2010
Extension Through: March 29, 2010
(Except Section 1)
Effective Dates: October 1, 2009 through
February 27, 2010
Hearing Date: October 26, 2009
emergency_rules EmR0921 2. EmR0921 — Rule adopted to create Chapter PI 15, relating to revenue limit exemptions for energy efficiencies.
Exemption From Finding of Emergency
Pursuant to Section 9139 (2x) of the nonstatutory provisions of 2009 Wisconsin Act 28, the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Publication Date: September 4, 2009
Effective Dates: September 4, 2009 through
January 31, 2010
Extension Through: April 1, 2010
Hearing Date: November 9, 2009
emergency_rules EmR0933 3. EmR0933 — Rule adopted to create Chapter PI 39, relating to grants for tribal language revitalization.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The tribal language revitalization grant program under s. 115.745, Stats., was created under 2009 Wisconsin Act 28. The Act became effective June 30, 2009, and appropriated $247,500 annually beginning in the 2009-10 school year. In order for school districts to develop applications and for the department to review the applications and grant awards in time for the program to operate in the second semester of the school year, rules must be in place as soon as possible to establish application criteria and procedures.
Publication Date: December 15, 2009
Effective Dates: December 15, 2009
through May 13, 2010
Hearing Date: January 15, 2010
emergency_rules EmR0936 4. EmR0936 — Rule adopted to create section PI 8.01 (4), relating to waiver of school hours.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
2009 Wisconsin Act 42 requires the department to promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2. if school is closed for a reason specified in s. 115.01 (10) (a) 2. or 3. The Act became effective October 21, 2009. Therefore, rules must be in place as soon as possible to establish the waiver procedure and criteria for the current school year.
Publication Date: December 21, 2009
Effective Dates: December 21, 2009
through May 19, 2010
Hearing Date: February 1, 2010
Public Service Commission
emergency_rules EmR0919 EmR0919 — Rule adopted to create Chapter PSC 172, relating to the police and fire protection fee created under 2009 Wisconsin Act 28.
Finding of Emergency
The Commission finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. The police and fire protection fee, which must go into effect September 1, 2009, (2009 Wisconsin Act 28 section 9441) will be used to replace shared revenue payments for such services. To ensure the public peace, health, safety, and welfare of the citizens of Wisconsin, it is vital for funding of police and fire protection services to continue smoothly, quickly, and unimpeded. Thus, it is necessary for the rule administering the fee to be implemented as soon as possible.
Publication Date: September 11, 2009
Effective Dates: September 11, 2009
through February 7, 2010
Extension Through: April 18, 2010
Hearing Date: December 2, 2009
Regulation and Licensing (2)
emergency_rules EmR0827 1. EmR0827 — Rule adopted creating s. RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a 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 to implement 2007 Wisconsin Act 104. Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date: September 10, 2008
Effective Dates: September 10, 2008
through the date on which
the final rules take effect
Hearing Dates: November 26, 2008
April 13, 2009
emergency_rules EmR0828 2. EmR0828 — Rules adopted to amend s. RL 181.01 (2) (c); and to create ss. RL 180.02 (1m), (3m) and (11), 181.01 (1) (d), (2) (c) 1. and 2., relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a 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 to implement 2007 Wisconsin Act 104. Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date: September 10, 2008
Effective Dates: September 10, 2008
through the date on which
the final rules take effect
Hearing Date: November 26, 2008
Revenue (6)
emergency_rules EmR0924 1. EmR0924 — Rule adopted revising Chapter Tax 11, relating to sale and use tax.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The changes made by the emergency rule must be effective October 1, 2009, to be in conformity with the Streamlined Sales and Use Tax Agreement. In order to meet this deadline, it is necessary to promulgate this rule as an emergency rule.
Publication Date: September 30, 2009
Effective Dates: October 1, 2009 through
February 27, 2010
Hearing Dates: December 1 and 15, 2009
emergency_rules EmR0929 2. EmR0929 — Rule adopted to create sections Tax 2.85 and 11.90, relating to failure to produce records.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to reflect changes in Wisconsin's tax laws due to the adoption of penalties for failure to produce records.
It is necessary to promulgate this rule order to provide guidance so that the penalties can be administered in a fair and consistent manner.
Publication Date: October 19, 2009
Effective Dates: October 19, 2009 through
March 17, 2010
Hearing Dates: December 10 and 21, 2009
emergency_rules EmR0935 3. EmR0935 — Rule adopted to create section Tax 1.16, relating to the financial record matching program.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to reflect changes in Wisconsin's tax laws due to the creation of the financial record matching program.
It is necessary to promulgate this rule order to provide procedures so that the program can be administered in a fair and consistent manner.
Publication Date: December 22, 2009
Effective Dates: December 22, 2009
through May 20, 2010
Hearing Date: February 11, 2010
emergency_rules EmR0943 4. EmR0943 — Rule adopted to revise Chapter Tax 2, relating to apportionment and nexus.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
In 2009, the Wisconsin Legislature enacted Acts 2 and 28, both of which contained substantial changes to Wisconsin's corporation franchise and income tax laws. Most of these changes are effective retroactively to taxable years beginning on or after January 1, 2009. Emergency rules are needed to add certainty about the scope and application of the newly enacted statutes as soon as possible so that taxpayers can file their returns accordingly.
Publication Date: December 31, 2009
Effective Dates: December 31, 2009
through May 29, 2010
Hearing Date: February 25, 2010
emergency_rules EmR1001 5. EmR1001 — Rule adopted revising Chapter Tax 2, relating to combined reporting for corporation franchise and income tax purposes.
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