Commerce (5)
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)
Hearing Date:   May 13, 2010
(See the Notice in this Register)
emergency_rules EmR1008 4.   EmR1008 — Rule adopted to create Chapter Comm 124 relating to the Forward Innovation Fund, and affecting small businesses.
Exemption From Finding of Emergency
The Legislature, by Section 9110 (8) of 2009 Wisconsin Act 28, 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 22, 2010
Effective Dates:   March 22, 2010 through
  July 1, 2010
emergency_rules EmR1013 5.   EmR1013 — Creates Chapter Comm 121, relating to the small business innovation research assistance program, and affecting small businesses.
Exemption From Finding of Emergency
The Legislature, by Section 9110 (16u) of 2009 Wisconsin Act 28, 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:   April 21, 2010
Effective Dates:   April 21, 2010 through
  September 17, 2010
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 Dates:   February 3, 2010 and
  May 12, 2010
(See the Notice in this Register)
Health Services (2)
Health, Chs. DHS 110
emergency_rules EmR1004 1.   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
emergency_rules EmR1009 2.   EmR1009 — Rule adopted to revise Chapter DHS 137, relating to anatomical gifts and the Wisconsin Donor Registry.
Finding of Emergency
The Department of Health Services 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:
There are over 105,000 people in the United Sates on the national waiting list for organ transplants including 1,500 in Wisconsin. Due to the limited availability of organs for transplantation, 18 people die each day in the United States.
As part of Wisconsin's response to the need for increased organ and tissue donation, the department, as authorized under s. 157.06 (20), Stats., has established the Wisconsin Donor Registry (Donor Registry).
The Donor Registry will make it easier for Wisconsin residents to become donors and for procurement organizations to identify donors, and thus it should increase the supply of available organs and tissues, which may save the lives of persons awaiting transplant.
Promulgating the rules for the Donor Registry as emergency rules will enable department-authorized procurement organizations to quickly determine whether a person who is at or near death has a record of gift. In addition, the Donor Registry makes it possible for individuals to immediately make anatomical gifts.
The Donor Registry will become available for use by the public upon the effective date of these emergency rules and may be accessed by the public at yesIwillwisconsin.com. Substantially identical permanent rules are being proposed concurrent to this emergency order.
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