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
Extension Through:
June 29, 2010
Hearing Date:
November 16, 2009
Public Instruction (2)
Finding of Emergency
Pursuant to Section 3 of the nonstatutory provisions of
2009 Wisconsin Act 250, 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:
June 1, 2010
Effective Dates:
June 1, 2010 through
October 28, 2010
emergency_rules EmR1021
2.
EmR1021 — Rule adopted to create
section PI 35.07, relating to establishing a temporary, nonrenewable waiver from the requirement that a teacher have a bachelor's degree in order to teach in a private school under the Milwaukee Parental Choice Program.
Exemption From Finding of Emergency
Pursuant to Section 9139 (4r) 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:
June 16, 2010
Effective Dates:
June 16, 2010 through
November 12, 2010
Hearing Date:
July 12, 2010
(See the Notice in this Register)
Regulation and Licensing (2)
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
Exemption From Finding of Emergency
Publication Date:
January 19, 2010
Extension Through:
August 15, 2010
Hearing Date:
February 11, 2010
Transportation
Finding of Emergency
The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public health and welfare. A statement of the facts constituting the emergency is the requirements of the mandatory insurance laws in Chapter
344, Stats., as created by
2009 Wis. Act 28, contain exceptions to furnishing proof of a motor vehicle liability insurance policy. This emergency rule defines the administration of those exceptions. These mandatory insurance requirements, and the exceptions, are effective June 1, 2010, thereby necessitating an emergency rule being put into place until the effective date of the permanent rule. Clarification of the mechanism to be used to qualify for an exception under the new statute will be useful to persons wishing to file for an exception. Persons whose religious beliefs preclude them from buying insurance will benefit from this rule making.
Publication Date:
June 1, 2010
Effective Dates:
June 1, 2010 through
October 28, 2010
Hearing Date:
June 24, 2010
Workforce Development
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 statute which provides for the regulation of traveling sales crews became effective on April 1, 2010. The Department has completed its work on the proposed administrative rule which implements the statute, and submitted the proposed rule in final form for legislative review on April 13, 2010. Putting the provisions of the proposed rule into effect during the legislative review period will allow the Department to take any enforcement action that might be needed if there are complaints during this period about the operation of traveling sales crews without the permits required by statute.
Publication Date:
April 19, 2010
Effective Dates:
April 19, 2010 through
September 15, 2010
