Emergency Rules Now in Effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection (2)
This emergency rule was approved by the governor on July 14, 2011.
The statement of scope for this rule, SS 002-11
, was approved by the governor on July 14, 2011, published in Register No. 667
, on July 31, 2011, and approved by The Board of Agriculture, Trade and Consumer Protection on August 12, 2011.
Finding of Emergency
In Wisconsin, grain dealers (persons who purchase grain from producers), grain warehouse keepers (persons who store grain that is owned by others), milk contractors (persons who purchase milk from producers, and vegetable contractors (persons who purchase vegetables from producers for use in processing), must obtain a license to do these activities and are collectively referred to as “contractors". Most contractors are “contributing contractors", which means they must pay annual assessments into the Wisconsin Agricultural Producer Security Fund. This fund is designed to help partially reimburse producers in the event that a contractor defaults on payment to producers. The annual assessments are calculated based on the total dollar value of commodities purchased or stored, the length of time that the contractor has participated in the fund, and certain financial ratios from the contractor's balance sheet.
All else equal, a contractor who purchases small amounts will pay lower assessments than one who purchases large amounts. All else equal, a contractor who is in a conservative financial position will pay lower assessments than one who carries higher levels of liabilities relative to their assets or equity. All else equal, a contractor who has participated in the fund for more than five years will pay lower assessments than one who has participated for less than five years. The annual assessment, calculated from the factors discussed above, vary considerably from one contractor to another. An annual assessment may be as low as $100, or as high as several hundred thousand dollars.
The grain dealer and grain warehouse keeper license years begin on September 1 of each year. At that point, DATCP calculates the assessment for the new license year that will be due in four quarterly payments over the course of that year. Calculations are based on purchase data and financial statement data for the grain dealer or grain warehouse keeper's most recently completed fiscal year and annual financial statement.
For the license years that will begin on September 1, 2011, a very unusual combination of business financing and recent high commodity prices has lead to unusually high assessment calculations for one grain company. In fact, if the existing rule remains unmodified, there will be one individual elevator that will be charged over $1.2 million in assessments (for both grain dealer and grain warehouse combined). This is roughly four times greater than the previous highest annual assessment and roughly six times higher than the second highest annual assessment in the grain (dealer and warehouse combined) producer security fund program. Further, this potential assessment for next license year is more than double the highest assessment that has ever occurred in the milk contractor portion of the fund. This is significant because the dollar amount of a large milk contractor's annual purchase of milk tends to be much higher the dollar amount of a large grain dealer's annual purchase (or store) of grain.
In the majority of cases, the assessment calculation formulas reasonably charge contractors for the overall risk that they pose to the fund in the event that they should default on amounts owed to producers. However, at least in the short term, this is not true for this one elevator. DATCP will analyze whether or not it is appropriate for this emergency rule to also be promulgated as a permanent rule, and if so, begin a separate rulemaking process at a later date.
This temporary emergency rule is necessary to protect the welfare of the many hundreds of grain farmers who do business with this grain elevator, and to help prevent major disruptions in the grain industry.
September 2, 2011
September 2, 2011 through
January 29, 2012
October 5, 2011
The statement of scope for this rule, published in Register No. 664
, on April 30, 2011, was sent to the Legislative Reference Bureau prior to the effective date of 2011 Wis. Act 21
Exemption From Finding of Emergency
Under s. 91.84 (2)
, the department may use the procedure under s. 227.24
to promulgate a rule designating an agricultural enterprise area or modifying or terminating the designation of an agricultural enterprise area. Notwithstanding s. 227.24 (1) (c)
, a rule promulgated under that subsection remains in effect until the department modifies or repeals the rule. Notwithstanding s. 227.24 (1) (a)
, the department is not required to determine that promulgating a rule under that subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under that subsection.
November 14, 2011
January 1, 2012 until modified or repealed by the department.
December 12, 2011
(See the Notice in this Register)
Children and Families (2)
Exemption From Finding of Emergency
(b) of 2009 Wisconsin Act 335
provides that the department is not required to provide evidence that promulgating a rule under s. 48.625 (1g)
, Stats., 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.
Section 14m (b) also provides that notwithstanding s. 227.24 (1) (c)
, Stats., an emergency rule promulgated under s. 48.625 (1g)
, Stats., remains in effect until the permanent rules promulgated under s. 48.625 (1g)
, Stats., take effect.
September 2, 2010
September 2, 2010 through
the date permanent rules
October 21, 2010
— Rule adopted to revise Chapters DCF 52, 54, and 57
, relating to regulation of rates charged by residential care centers for children and youth, child-placing agencies, and group homes.
Finding of Emergency
The Department of Children and Families 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 facts constituting the emergency is:
2009 Wisconsin Act 28
directed the department to implement rate regulation effective January 1, 2011. Implementation was delayed and this rule is phasing-in rate regulation at the earliest feasible date.
April 18, 2011
April 18, 2011 through
September 16, 2011
May 18, 2011
Employment Relations Commission
These emergency rules were approved by the governor on September 13, 2011.
The statement of scope for this rule, SS 004-11
, was approved by the governor on July 20, 2011, published in Register 667
, on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s. 227.135 (2)
on August 15, 2011.
Finding of Emergency
September 15, 2011
September 15, 2011 thru
February 12, 2012
The statement of scope for this rule, SS 027-11
Ch. Ins 18
, was approved by the governor on September 30, 2011, published in Register No. 670
, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011. The emergency rule was approved by the governor on November 3, 2011.