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emergency_rules EmR0937 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
Commerce
Fee Schedule, Ch. Comm 2
emergency_rules EmR0934 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 (3)
Financial Resources for Businesses and Communities, Chs. Comm 104—
emergency_rules EmR0910 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
emergency_rules EmR0931 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
Extension Through: June 6, 2010
Hearing Date: January 25, 2010
emergency_rules EmR1006 3. EmR1006— Rule adopted to create Chapter Comm 137, relating to reallocations for recovery zone facility bonds as established under the federal American Recovery and Reinvestment Act of 2009, and affecting small businesses.
Exemption From Finding of Emergency
The Legislature, by Section 5 (1) (b) in 2009 Wisconsin Act 112, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date: March 5, 2010
Effective Dates: March 5, 2010 through
August 1, 2010
(subject to 2009 Wis. Act 112, s. 5)
Corrections
emergency_rules EmR0939 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)
emergency_rules EmR0940 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
emergency_rules EmR0938 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
Medical Assistance, Chs. DHS 101—
Health, Chs. DHS 110—
emergency_rules EmR0932 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
Effective Dates: December 16, 2009 through
May 14, 2010
(Subject to 2009 Wis. Act 28, Section 9122 (2))
Hearing Date: February 3, 2010
Health Services
Health, Chs. DHS 110—
emergency_rules EmR1004 EmR1004 — Rule adopted to create sections DHS 195.145 and 197.145, relating to carbon monoxide detectors in hotels, motels, tourist rooming houses and bed and breakfast establishments, and affecting small businesses.
Finding of Emergency
DHS 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:
Section 101.149 (2) and (3), Stats., requires the owners of lodging establishments, including hotels, tourist rooming houses, and bed and breakfast establishments that were constructed on or before October 1, 2008, or had plans reviewed by the department of commerce before October 1, 2008, to, not later than April 1, 2010, install carbon monoxide detectors in every residential building that has a fuel-burning appliance, unless, pursuant to s. 101.149 (5), Stats., the building does not have an attached garage and all fuel-burning appliances in the building have sealed combustion units that are either covered by the manufacturer's warranty against defects or are inspected under rules promulgated by DHS.
Section 254.74 (1) (am), Stats., requires DHS to promulgate rules under which DHS would conduct inspections of sealed combustion units for carbon monoxide emissions, and rules that specify the conditions under which DHS may issue orders to correct violations of s. 101.149 (2) or (3), Stats.
Publication Date: March 1, 2010
Effective Dates: April 1, 2010 through
August 28, 2010
Hearing Dates: April 21, 23, 27, 28, 30, 2010
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