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
EmR1003 — Rule adopted revising
ss. ATCP 60.15 and 60.20, relating to somatic cell standards for dairy goat milk.
Finding of Emergency
Recently, the National Conference of Interstate Milk Shippers voted to relax the standard for somatic cells in grade A goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml. The United States Food and Drug Administration accepted this change and will include it in the next edition of the Interstate Pasteurized Milk Ordinance. The United States Department of Agriculture is adopting the same standard for grade B goat milk, as part of its standards for “Milk for Manufacturing Purposes and its Production and Processing."
Wisconsin rules currently establish a limit of 1,000, 000 somatic cells per ml in goat milk, which is more stringent than the new national standard of 1,500,000 per ml. The more stringent Wisconsin standard, if not modified to conform to the new national standard, will put Wisconsin dairy goat milk producers at a significant financial, operational, and competitive disadvantage compared to producers in other states.
This emergency rule modifies Wisconsin's current standard, and makes it consistent with the new national standard. The department of agriculture, trade and consumer protection (DATCP) is adopting this rule as a temporary emergency rule, pending rulemaking proceedings to modify the standard on a more “permanent" basis. “Permanent" rulemaking proceedings normally require over a year to complete. This emergency rule is needed to mitigate a potential hardship to Wisconsin producers of dairy goat milk, pending the adoption of “permanent" rules.
Publication Date:
February 4, 2010
Effective Dates:
February 4, 2010
through July 3, 2010
(corrected)
Children and Families
EmR0937 — Rule adopted revising
Chapters DCF 56 and 58, relating to foster care and kinship care.
Finding of Emergency
The Department of Children and Families 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 facts constituting the emergency is:
2009 Wisconsin Act 28 assumes that court-ordered kinship care relatives will be applying for a license to operate a foster home beginning after January 1, 2010, and continuing throughout 2010. This rule creates the first two levels of the new levels of care system for foster care. The newly-licensed kinship care relatives will be incorporated into the foster care program. Licensing these relatives will allow the state to claim an additional $6.5 million in Title IV-E funds for 2010. Act 28 appropriates this $6.5 million to be expended in 2011.
Publication Date:
December 30, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
Hearing Dates:
March 17, March 31,
April 8, 2010
(See the Notice in this Register)
Commerce
EmR0934 — Rule adopted revising
Chapter Comm 2, relating to public swimming pool and water attraction plan review and inspection fees.
Finding of Emergency
The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
1. Implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets.
2. The Virginia Graeme Baker Pool and Spa Safety Act has a compliance date of December 19, 2008.
3. The department estimates that 3,700 existing pools and water attractions will need to be modified in order to comply with the federal act. As of December 1, 2009, approximately 1,800 pool modifications have been submitted to the department for review and approval.
4. There are claims that the availability of parts to make the necessary modifications is limited.
5.
The current department plan review fees and inspection fees under s.
Comm 2.68 reflect an estimated average time and cost to provide those services. For the types of pool and water attraction modifications necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act, the department believes that the time and cost to provide the service will be below the averages reflected under the current fee structure of section
Comm 2.68.
6.
The department believes that a fee reduction to facilitate plan review and inspection relative to the Virginia Graeme Baker Pool and Spa Safety Act is in alignment with the direction provided under s.
101.19, Stats., of keeping fees consistent with the costs of providing service.
Publication Date:
January 1, 2010
Effective Dates:
January 1, 2010 through
May 30, 2010
Hearing Date:
January 21, 2010
Commerce (2)
Financial Resources for Businesses and Communities, Chs.
Comm 104—
1.
EmR0910 — Rule adopted to create
Chapter Comm 100, relating to tax benefits for job creation, capital investment, employee training, and corporate headquarters.
Exemption From Finding of Emergency
The Legislature, by section 9110 (4) in
2009 Wisconsin Act 2, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of the public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
June 30, 2009
Effective Dates:
June 30, 2009 through
July 1, 2010 or the date
permanent rules take
effect, whichever is sooner
Hearing Date:
September 15, 2009
2.
EmR0931 — Rule adopted creating Chapter
Comm 136, relating to midwestern disaster area bonds.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public welfare. The facts constituting the emergency are as follows.
Between June 14 and July 9, 2008, thirty Wisconsin counties were declared major disaster areas by the President as a result of severe storms, tornados or flooding in 2008 that caused extensive damage to communities, residents, businesses, the economy and critical infrastructure. Subsequently, the federal Heartland Disaster Tax Relief Act of 2008 was enacted, authorizing the Governor of Wisconsin to designate up to $3,830,112,000 in Qualified Midwestern Disaster Area Bonds, which must be issued before January 1, 2013, for the purpose of encouraging economic development and recovery in the 30 counties.
To implement the provisions this federal Act, Governor Jim Doyle issued Executive Order #288, directing the Department to promulgate rules for allocating Wisconsin's Qualified Midwestern Disaster Area Bonding Authority, and including the necessary provisions to ensure that bonds are allocated to eligible projects on the basis of providing assistance to areas in the order in which the assistance is most needed. This rule is the result of that directive.
Publication Date:
November 9, 2009
Effective Dates:
November 9, 2009 through
April 7, 2010
Hearing Date:
January 25, 2010
Corrections (2)
Finding of Emergency
The Department of Corrections finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 WI Act 28, an increased number of inmates are being considered for release. In addition, the department has developed a number of release initiatives to address an inmate's successful transition from incarceration to community life. As part of those initiatives, there are costs associated with that transition, including acquiring housing, employment, and transportation. For example, an inmate must have a social security card, a driver's license or state identification card, the first months rent and security deposit for an apartment, and civilian clothing.
Under the current rule, an inmate may only use release account funds for “adequate clothing for release" and for “out-of-state release transportation." In addition, the rule limits the maximum amount of money which can be saved in the release account to $500.00. The emergency rule immediately permits the use of release account money for a wide variety of purchases, including fees associated with obtaining a driver's license or state identification card, housing, and a mode of transportation (bus tickets, vehicle, bicycle, etc.). In the past the Department has borne some of these costs, despite an inmate having the money in his or her release account. Given the initiatives of reentry and release, an inmate should be responsible for these expenditures.
In addition, the emergency rule raises the limit on release accounts from $500.00 to $5,000.00. Since the current limit was established, the cost of living in the community has risen. The department seeks this change to reflect the significant costs of housing, transportation, and food and other necessities.
If the rule is not created promptly and immediately, the department will not be able to use inmate release account funds to pay for items which inmates need in preparation for their release to the community. The purpose of the emergency rule is to permit inmates to use release account funds for a greater range of expenditures related to their release from incarceration and transition back into the community. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the need to use inmate funds, not state funds, while permanent rules are being developed.
Publication Date:
September 10, 2009
Effective Dates:
September 10, 2009
through February 6, 2010
Extension Through:
April 7, 2010
Hearing Date:
October 14, 2009
2.
EmR0939 — Rule adopted revising
Chapter DOC 302, relating to sentence calculations and prison release and to administrative review of inmate classification decisions.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that emergency rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 Wisconsin Act 28, the legislature provides for the release of inmates from prison if certain criteria are met. The Department is responsible for implementing several of those procedures. Specifically, the department is responsible for implementing the early release programs under: (1) s PAT (2) ERP/CIP (3) CER (4) Risk reduction (5) 75%/85%. In addition, the department is revising section 302.18 to facilitate the review of inmates for purposes of early release.
If the rule is not created promptly and immediately, the Department will not be able to proceed in reviewing inmates under these various release procedures. This could result in significant delay in the implementation of the statutory provisions which will negatively impact the ability of the Department to manage the inmate population in a safe and effective manner. In addition, a delay will affect the management and control of inmate population levels of correctional facilities with the resources necessary to maintain public safety.
The purpose of the emergency rule is to implement newly created statutory provisions providing for release of inmates under specified circumstances. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary for a prompt implementation of the legislative mandates concerning the release of inmates meeting established criteria while the permanent rules are being developed.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Hearing Date:
February 25, 2010
Earned Release Review Commission
(Formerly Parole Commission)
EmR0940 — Rule adopted revising
Chapter PAC 1, relating to the release of inmates through parole or other procedures.
Finding of Emergency
The Wisconsin Earned Release Review Commission finds that an emergency exists and that emergency rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 Wisconsin Act 28, the legislature provides for the release of inmates from prison if certain criteria are met. The Earned Release Review Commission (formerly the Parole Commission) is responsible for implementing several of those procedures. Specifically, the commission is responsible for considering the early release of inmates under: (1) section
304.06 (1) (bg)1. and
2., Stats., after the inmate has served the term of confinement of their bifurcated sentence less positive adjustment time, (2) section
304.06 (1) (bg) 3. and
4., Stats., after the inmate has served either 75 % or 85 % of their term of confinement, depending on the offense for which the inmate was sentenced, and (3) section
302.1135 (2) (a),
(b), and
(c), Stats., based on age or extraordinary health.
If the rule is not created promptly and immediately, the commission will not be able to proceed in reviewing inmates under these various release procedures. This could result in significant delay in the implementation of the statutory provisions which will negatively impact the ability of the department of corrections to manage the inmate population in a safe and effective manner. In addition, a delay will affect the management and control of inmate population levels of correctional facilities with the resources necessary to maintain public safety.
The purpose of the emergency rule is to implement newly created statutory provisions providing for release of inmates under specified circumstances. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond the legislatively recognized need to review inmates who meet the requirements under the statutes for potential release while the permanent rules are being developed.
Publication Date:
December 31, 2009
Effective Dates:
December 31, 2009
through May 29, 2010
Hearing Date:
February 23, 2010
Employee Trust Funds
EmR0938 — Rule adopted revising
Chapters ETF 10, 20 and 40, relating to the implementation of benefit changes mandated in
2009 Wisconsin Act 28; specifically, domestic partner benefits and the expansion of health insurance coverage to adult dependents up to the age of 27 years.
Finding of Emergency
The Department of Employee Trust Funds finds that an emergency exists and that emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
ETF cannot promulgate a permanent rule in compliance with the mandated changes by January 1, 2010, which is the effective date of the domestic partnership and the health insurance provisions of
2009 Wisconsin Act 28. Without an emergency rule in place, the ability of ETF to enroll and cover participants' domestic partners and to provide health insurance to adult dependents would be seriously impaired. ETF would be unable to provide health insurance and other benefits to domestic partners and adult dependents.
Publication Date:
December 28, 2009
Effective Dates:
January 1, 2010
through May 30, 2010
Hearing Date:
February 12, 2010
Health Services
EmR0932 — Rule adopted revising
Chapters DHS 105, 106 and 133, relating to personal care agencies and providers, and affecting small businesses.
Exemption From Finding of Emergency
The legislature by
2009 Wis. Act 28, Section
9122 (2), provides an exemption from a finding of emergency to adopt these emergency rules.
Publication Date:
December 16, 2009
Hearing Date:
February 3, 2010
Health Services
EmR0928 — Rule adopted to revise
Chapter DHS 163, relating to requirements for conducting lead-safe renovation activities in pre-1978 housing and child-occupied facilities, and affecting small businesses.
Finding of Emergency
The Department of Health Services (department) finds that an emergency exists and that the adoption of an emergency rule is necessary for the continuity of regulations relating to lead hazard exposure in Wisconsin. The facts constituting the emergency are as follows:
Under ch.
DHS 163, the department, as Wisconsin's public health agency, regulates lead hazard reduction and lead management activities in pre-1978 housing (target housing) and child-occupied facilities. The rules include standards for certification of individuals and companies conducting these activities, accreditation of lead training courses and approval of instructors, and work practices. In addition to the department's authority under chs.
250 and
254, Stats., to regulate lead hazards, the department has authorization from the Environmental Protection Agency (EPA) to regulate lead hazard reduction and management activities in lieu of the EPA administering federal regulations in Wisconsin.
On April 22, 2008, the EPA issued rules under
40 CFR 745 to
establish requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; and for renovation work practices (and associated recordkeeping requirements) that disturb paint in target housing and child-occupied facilities.
Under the EPA regulations, beginning on April 22, 2010, persons who perform renovation activities for compensation, including repair and painting activities, that disturb paint in target housing and child-occupied facilities must be certified, properly trained, and follow specific work practices to prevent lead contamination. The EPA will begin accepting applications for certification from individuals and companies on October 22, 2009.
States that promulgate rules that conform to the EPA standards on or before October 22, 2009, may accept applications for certification in lieu of the EPA. Otherwise, on October 22, 2009, the EPA will begin accepting these applications and the associated fees from Wisconsin companies and individuals. Such an occurrence may cause confusion among the regulated community and property owners, and would impede the department's ability to continue to administer a viable lead hazard reduction program if covered persons begin complying with the EPA certification requirements before state requirements are implemented. Promulgating rules before October 22, 2009, will help to avoid any unnecessary complexity for covered persons that may be caused by overlapping state and federal regulations that address lead-based paint hazards in target housing and child-occupied facilities.
Publication Date:
October 16, 2009
Effective Dates:
October 19, 2009
through March 17, 2010
Hearing Date:
November 18, 2009
Insurance (6)
1.
EmR0918 — Rule adopted to revise
Chapter Ins 6, relating to exempting commercial umbrella and commercial liability policies covering only hired and non-owned autos from having to offer or include uninsured and underinsured motorist coverage.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
Act 28 (2009) modified the requirements for auto insurance in Wisconsin. Most of these new provisions go into effect on November 1, 2009. These modifications did not specifically address the issue of insurers who write commercial liability insurance and commercial umbrella policies which insure only hired and non-owned automobiles (“HNO") under the policy but do not insure any automobiles owned by the insured.
If these new Act 28 requirements apply to commercial liability insurance and commercial umbrella policies which insure only hired and non-owned automobiles (“HNO") under the policy, this creates a significant problem. Some of these insurers do not have authority to write auto insurance which is needed to write uninsured (“UM") and underinsured coverage (“UIM"). Other insurers offering the commercial umbrella and commercial liability HNO have not ever written UM/UIM coverages because the current rules exempt them. Insurers have also stated that obtaining reinsurance for this is a problem.
This issue was addressed in 1997 when an emergency rule was promulgated and modifications to Ins 6.77 were enacted in response to various court cases. In that process, commercial insurers who wrote liability policies that covered only HNO were exempted from the requirement to offer or include UM/UIM coverage. This emergency rule would continue this exemption so that the market for commercial liability insurance and commercial umbrella policies is not disrupted.
Publication Date:
September 9, 2009
Effective Dates:
November 1, 2009 through
March 30, 2010
Hearing Date:
December 8, 2009
2.
EmR0923 — Rule adopted to create
section Ins 3.36, Wis. Adm. Code, relating to treatment of autism spectrum disorders and affecting small business.
Exemption From Finding of Emergency
The Commissioner of Insurance pursuant to s.
632.895 (12m) (f) 2., Stats., need not find that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety or welfare.
Specifically, s.
632.895 (12m) (f), Wis. Stats., requires the commissioner to define “intensive-level services," “nonintensive-level services," “paraprofessional," and “qualified" for purposes of providing services under this subsection. The statute further authorizes that the commissioner may promulgate rules governing the interpretation or administration of this subsection.
Publication Date:
September 26, 2009
Effective Dates:
September 26, 2009
through June 22, 2010
(Subject to s. 632.895 (12m) (f), Stats.)
Hearing Date:
December 2, 2009
3.
EmR0925 — Rule adopted to create
section Ins 3.75, relating to continuation of group health insurance policies.
Exemption From Finding of Emergency
(4)
Continuation coverage rules. (a) Notwithstanding section
632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24 of the statutes. Notwithstanding section
227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2) of the statutes. Notwithstanding section
227.24 (1) (a) and
(3) of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. [Emphasis Added]
Publication Date:
October 1, 2009
Effective Dates:
October 2, 2009
through October 1, 2010
Hearing Date:
December 8, 2009
4.
EmR0927 — Rule adopted to create
Chapter Ins 57, relating to care management organizations and affecting small business.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
Beginning January 1, 2010, care management organizations are required to obtain a permit from the commissioner to provide services under the Family Care program. In order to ensure no gap in services to enrollees, organizations and the office need to complete and accept applications for permits prior to January 1, 2010. Promulgation of this rule will permit the timely filing and review of permittees.
Publication Date:
October 9, 2009
Effective Dates:
October 10, 2009
through March 10, 2010
Hearing Date:
December 3, 2009
5.
EmR0930 — Rule adopted to create
section Ins 3.34, relating to insurance coverage of dependents to age 27 and affecting small business.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows: the Commissioner is aware that insurers, employers and consumers are interpreting the state mandate inconsistently so without this rule consumers will not be treated similarly when the law becomes effective on January 1, 2010; the Commissioner has received numerous inquiries from insurers, consumers and employers seeking clarity of terms and guidance on interpretation and implementation of the law as many employers are entering open enrollment for the 2010 plan year.
These changes will be effective the day following publication in the official state newspaper and a permanent rule will start the permanent rule process to achieve uniformity in interpretation therefore protecting the public, informing employers, and guiding insurers in the state.
Publication Date:
October 30, 2009
Effective Dates:
October 31, 2009 through
March 29, 2010
Hearing Date:
January 14, 2010
6.
EmR0945 — Rule adopted revising
section Ins 3.75, relating to the continuation of group health insurance policies.
Exemption From Finding of Emergency
(4) CONTINUATION COVERAGE RULES (a) Notwithstanding section
632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24 of the statutes. Notwithstanding section
227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2) of the statutes Notwithstanding section
227.24 (1) (a) and
(3) of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. [Emphasis Added]
Publication Date:
January 7, 2010
Effective Dates:
January 8, 2010
through June 6, 2010
Natural Resources
Fish, Game, etc., Chs.
NR 1—
EmR0914 — Rule adopted to revise
Chapter NR 10, relating to hunting and the 2009 migratory game bird seasons and waterfowl hunting zones.
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 mid-August of each year. This order is designed to bring the state hunting regulations to 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.
Publication Date:
August 22, 2009
Effective Dates:
September 1, 2009 through
January 28, 2010
Hearing Date:
November 4, 2009
Natural Resources
Environmental Protection — Water Regulation,
Chs.
NR 300—
EmR0915 —
A rule adopted revising
Chapters NR 335 and 336, relating to grants for dam maintenance, repair, modification, or abandonment and removal.
Finding of Emergency
The substantial increase in bonding for the dam grant programs is a strong message from the legislature that concern for public welfare from unsafe dams is growing, as well as the desire to help dam owners, including the owners of the many dams damaged during the flooding in 2007 and 2008. In order to protect the public and provide this financial assistance, these additional funds should be put to work as soon as possible. The timeline for permanent rule promulgation will impede the Department's ability to accept applications and commit funding to dam safety projects until at least June 2010, which would delay most projects until late 2010 or 2011. The emergency rules will allow immediate implementation of modifications that will allow a grant application cycle to be conducted yet this fall and allow most projects to be constructed during the 2010 construction season or before.
Publication Date:
August 28, 2009
Effective Dates:
August 28, 2009 through
January 24, 2010
Extension Through:
March 25, 2010
Public Defender Board
EmR0926 — Rule adopted to create
Chapter PD 8, Discovery Payments, relating to the maximum fees that the state public defender may pay for copies of discovery materials in criminal proceedings, proceedings under Chapter
980, Wis. Stats., and other proceedings in which the state public defender provides legal representation.
Finding of Emergency
These rules are promulgated under s.
227.24 (1) (a), Stats., because the magnitude of the shortfall in the state public defender's appropriation for transcripts, discovery, and interpreters in both years of the current biennium constitutes an emergency that requires implementation of a rule earlier than a permanent rule could take effect if the agency were to comply with the applicable notice, hearing, legislative- review, and publication requirements.
The state public defender was initially provided a base budget of $60,000 in 1995 for discovery payments, which at that time consisted mostly of photocopies and some photographs. In the 1999-2001 budget act, this appropriation was increased to $150,000, based on a presumptive rate for photocopies of $0.20 per page. In the 2001-2003 biennial budget act, this appropriation was subjected to a five percent funding reduction, leaving a base budget for discovery payments of $142,500.
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)
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
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
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
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
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)
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
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)
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
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
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
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
5.
EmR1001 — Rule adopted revising
Chapter Tax 2, relating to combined reporting for corporation franchise and income tax purposes.
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 function of the Wisconsin Department of Revenue is to administer the Wisconsin tax laws. These laws, and tax policy for raising revenue, are determined by the State Legislature. The State Legislature recently enacted numerous items of tax legislation, affecting individuals and businesses alike. Some of these apply retroactively to January 1, 2009. Emergency rules are needed, not only to address the risk of revenue loss, but to add more clarity and certainty about the scope and application of the newly enacted statutes.
Publication Date:
January 15, 2010
Effective Dates:
January 15, 2010 through
June 13, 2010
Hearing Date:
February 25, 2010
6.
EmR1002 — Rule adopted to create
section Tax 1.17, relating to the ambulatory surgical center assessment.
Exemption From Finding of Emergency
Publication Date:
January 19, 2010
Hearing Date:
February 11, 2010
Veterans Affairs (2)
1.
EmR0911 — Rule adopted to revise section
VA 2.01, relating to the assistance to needy veterans grant program.
Finding of Emergency
The Wisconsin Department of Veterans Affairs finds that an emergency exists and that the rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is: The economic recession in effect for the last fiscal year has adversely affected the veteran population. Many veterans have lost their employment or had their scope of employment reduced. In addition to losing employment, many veterans have seen their health care reduced or eliminated. In order to serve the largest population of veterans and ensure minimal health care for that population, the department is requesting emergency rules to define “vision care and to limit the eligibility, by available funding, for “dental care", “hearing care", and “vision care". These eligibility limitations, which address the cost, type and frequency of care available under the program, will allow more veterans in need to access the limited resources of this program.
Publication Date:
July 1, 2009
Effective Dates:
July 1, 2009 through
November 27, 2009
Extension Through:
March 27, 2010
Hearing Date:
August 14, 2009
2.
EmR0944 — Rule adopted to amend
section VA 2.02 (2), relating to the veterans tuition reimbursement program.
Finding of Emergency
The Wisconsin Department of Veterans Affairs 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 facts constituting the emergency is:
The removal of the existing deadline for completing and receiving an application for the tuition fee reimbursement program has left the department unable to budget the available resources for this program to ensure maximum coverage for eligible veterans throughout the fiscal year. The department is requesting emergency rules to ensure applications can be processed in a responsive manner and to allow the department to properly manage the program's biennial budget and ensure the welfare of all eligible veterans. The emergency rule will address the need for an application deadline while the department completes the promulgation for a permanent rule for the program.
Publication Date:
January 4, 2010
Effective Dates:
January 4, 2010 through
June 2, 2010
Hearing Date:
March 10, 2010
Workforce Development (2)
Public Works Construction Contracts,
Chs.
DWD 290-
294
1.
EmR0941 — Rule adopted to create
section DWD 290.20, relating to the thresholds for the requirement of prevailing wage rates.
Finding of Emergency
The Department of Workforce Development 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 facts constituting the emergency is:
The most recent state budget legislation,
2009 Wisconsin Act 28, contained amendments to the state laws which require the payment of prevailing wage rates for work done on projects of public works and , in a new statute, for work done on private projects which receive more than $1,000,000 of public direct financial assistance. The new provisions become effective on January 1, 2010.
The prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with the wage rates established by the determination. Under the law as it existed before the enactment of
2009 Act 28, a prevailing wage rate determination was required for any project with an estimated cost of at least $48,000 (for a single-trade project) or $234,000 (for a multi-trade project). Act 28 changes these amounts to an estimated project cost of at least $25,000. Act 28 has also created a new statute, s.
66.0904, Stats., which requires that a private developer obtain and comply with a prevailing wage rate determination for a private project that receives at least $1,000,000 in direct financial assistance from a local governmental unit.
The state and local governmental units and private developers who may be subject to these new requirements of the prevailing wage laws need immediate guidance as to the manner in which the Department will apply the January 1, 2010 effective date to new projects. This rule provides that guidance by establishing that the new threshold requirements will apply to projects for which a request for bids is issued or a contract is negotiated after January 1, 2010.
Publication Date:
December 29, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
2.
EmR0942 — Rule adopted to amend
section DWD 293.02, relating to the adjustment of thresholds for payment and performance assurance bond requirements and affecting small businesses.
Finding of Emergency
The Department of Workforce Development 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 facts constituting the emergency is:
The adjustment of the thresholds for the application of the project payment and performance assurance bond requirements ensures that the adjustments are effective on a date certain that is prior to the time of year that project requests are generally submitted to the Department and the need for obtaining bonding is determined. The adjustment avoids imposing an additional administrative burden on local governments and state agencies caused by an effective decrease of the thresholds due solely to inflation in the construction industry. If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six to seven months, until the conclusion of the permanent rule-making process. The thresholds are based on national construction cost statistics and are unlikely to be changed by the rule-making process.
Publication Date:
December 29, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
