Natural Resources
Fish, Game, etc., Chs. NR 1
emergency_rules EmR1014 EmR1014 — Rule adopted to create section NR 45.13 (1m) (d), relating to the establishment of a slow-no-wake zone on the Wisconsin River at the Dells of Wisconsin River state natural area.
Finding of Emergency
The Department of Natural Resources finds that and 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: Based on information received by the Department, user conflicts are increasing. Failure to enact this rule could lead to additional boating accidents and potential for injury during the upcoming high use season.
Publication Date:   May 20, 2010
Effective Dates:   May 20, 2010 through
  October 16, 2010
Hearing Date:   June 22, 2010
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs. NR 600
emergency_rules EmR1007 EmR1007 A rule adopted revising section NR 660.10, relating to hazardous waste management.
Exemption From Finding of Emergency
Section 289.67 (2) (de), Stats., as created by 2009 Wisconsin Act 28 (the 2009-2011 biennial budget bill), requires the department to promulgate by rule definitions of “large quantity generator" and “small quantity generator" for purposes of the hazardous waste generator fees established by s. 289.67 (2) (b) 1., Stats., as amended by 2009 Wisconsin Act 28.
Section 9137 (2), a non-statutory provision in 2009 Wisconsin Act 28, authorizes the department to promulgate the required definitions using emergency rule making procedures, but is not required to provide evidence that promulgating a rule under that subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to
Publication Date:   March 17, 2010
Effective Dates:   March 17, 2010 through
  July 1, 2011
Hearing Date:   April 26, 2010
Public Defender Board
emergency_rules EmR0926 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
Extension Through:   June 29, 2010
Hearing Date:   November 16, 2009
Public Instruction (2)
emergency_rules EmR1018 1.   EmR1018 — Rule adopted to create Chapter PI 45, relating to the use of race-based nicknames, logos, mascots, and team names by school boards.
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)
emergency_rules EmR0827 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
emergency_rules EmR0828 2.   EmR0828 — Rules adopted to amend s. RL 181.01 (2) (c); and to create ss. RL 180.02 (1m), (3m) and (11), 181.01 (1) (d), (2) (c) 1. and 2., relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
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
emergency_rules EmR1002 EmR1002 — Rule adopted to create section Tax 1.17, relating to the ambulatory surgical center assessment.
Exemption From Finding of Emergency
The legislature by Section 9143 (4u) of 2009 Wisconsin Act 28 provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:   January 19, 2010
Effective Dates:   January 19, 2010 through
  June 16, 2010
(Subject to 2009 Wis. Act 28, Section 9143 (4u))
Extension Through:   August 15, 2010
Hearing Date:   February 11, 2010
Transportation
emergency_rules EmR1017 EmR1017 — Rule adopted to create section Trans 100.25, relating to mandatory insurance exemptions.
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
Labor Standards, Chs. DWD 270-279
emergency_rules EmR1011 EmR1011 — Rule adopted to create Chapter DWD 273, relating to the regulation of traveling sales crews.
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
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