Effective Dates:   September 1, 2010 through
  January 28, 2011
Hearing Date:   October 26, 2010
emergency_rules EmR1036 4.   EmR1036 — Rule adopted to create s. NR 40.04 (2) (g) relating to the identification, classification and control of invasive species.
Exemption From Finding of Emergency
Section 227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch. 227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s. 23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency. In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:   September 29, 2010
Effective Dates:   September 29, 2010
  through: See bold text above
Hearing Dates:   October 25 to 29, 2010
emergency_rules EmR1037 5.   EmR1037 — Rule adopted to create s. NR 27.03 (3) (a) relating to adding cave bats to Wisconsin's threatened species list.
Finding of Emergency
The emergency rule procedure, pursuant to s. 227.24, Wis. Stats., is necessary and justified in establishing rules to protect the public welfare. The proposed rule change seeks to provide protection to Wisconsin cave bat species, which face the imminent threat of white-nose syndrome. White-nose syndrome has spread across 14 states and 2 Canadian provinces in the last 3 years, spreading up to 800 miles per year. Mortality rates of affected bat colonies reach 100%. The disease was located last spring within 225 miles of the Wisconsin's southern boarder and 300 miles from the northern boarder. Because the known dispersal distance of the little brown bat is 280 miles, an affected cave is now located within the dispersal range of Wisconsin little brown bats. Listing the cave bat species before white-nose syndrome has been detected in Wisconsin will allow the Department time to work collaboratively with stakeholders to ensure that appropriate conservation measures are developed and in place when white-nose syndrome is first detected. Because of the speed of white-nose syndrome, the Department would not have time to develop appropriate conservation measures if normal rule-making procedures were used and listing was delayed until after white-nose syndrome was detected in Wisconsin. Based on the current location and known rate of spread of the disease, we anticipate the presence of white-nose syndrome in Wisconsin as early as January 2011.
Publication Date:   September 29, 2010
Effective Dates:   September 29, 2010 through
  February 25, 2011
Hearing Dates:   October 25 to 29, 2010
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
Hearing Date:   July 29, 2010
emergency_rules EmR1023 2.   EmR1023 — Rule adopted creating Chapter PI 43, relating to education reform.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
2009 Wisconsin Act 215 requires the state superintendent to promulgate rules establishing criteria and procedures for determining whether a school or school district is in need of improvement and whether a school is among the lowest performing 5 percent of all public schools in the state. The Act became effective May 14, 2010 and review by the various interest groups was completed June 18, 2010. Rules must be in place as soon as possible to establish identification criteria prior to the upcoming school year.
Publication Date:   June 28, 2010
Effective Dates:   June 28, 2010 through
  November 24, 2010
Hearing Date:   July 27, 2010
Regulation and Licensing (4)
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
emergency_rules EmR1031 3.   EmR1031 — Rule adopted revising Chapters RL 110 to 116, relating to the regulation of professional boxing contests.
Exemption From Finding of Emergency
The Department of Regulation and Licensing, pursuant to 2009 Wisconsin Act 111, is not required to provide evidence that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare.
Publication Date:   August 25, 2010
Effective Dates:   September 1, 2010 through
  January 28, 2011
Hearing Date:   September 20, 2010
emergency_rules EmR1032 4.   EmR1032 — Rule adopted creating Chapters RL 192 to 196, relating to the regulation of mixed martial arts sporting events.
Exemption From Finding of Emergency
The Department of Regulation and Licensing, pursuant to 2009 Wisconsin Act 111, is not required to provide evidence that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare.
Publication Date:   August 26, 2010
Effective Dates:   September 1, 2010 through
  January 28, 2011
Hearing Date:   September 20, 2010
Technical College System Board
emergency_rules EmR1025 EmR1025 — Rule adopted to amend Chapter TCS 17, relating to training program grant funds.
Finding of Emergency
The Wisconsin Technical College System Board 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 the facts constituting an emergency is:
In May 2010, the Wisconsin C.O.R.E. Jobs Act provided an additional $1 million GPR for the training program grants authorized in Wis. Stats. §§ 20.292 (1) (eh) and 38.41. These funds were provided to address a critical need of Wisconsin employers for skills training and education necessary to protect the state's economic vitality and health, with a special emphasis on advanced manufacturing and welding.
The WTCS Board is required to award these funds by June 30, 2011, the end of the current 2009-11 biennium. In addition, s. TCS 17.06 (1), Wis. Adm. Code, requires that district boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.
Due to the sustained decline in economic conditions and reduction in business revenues, technical college districts report that employers are withdrawing participation in approved training grants because of an inability to fund the 25% match. Therefore, to ensure that business and incumbent workers in need of skills training and other education may access these services and that appropriated funds are distributed to technical college districts for this purpose before the end of the fiscal year, emergency administrative rules eliminating the 25% match requirement must be established immediately.
Publication Date:   July 2, 2010
Effective Dates:   July 2, 2010 through
  November 28, 2010
Hearing Date:   September 28, 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
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