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 (3)
emergency_rules EmR1038
1. EmR1038 — Rule adopted to create
section ATCP 21.21, relating to restricting the import of certain plants, wood and wood products to prevent the introduction of thousand cankers disease of walnut trees into this state.
Finding of emergency
(1) Thousand cankers disease is an emerging fungal disease that can be carried by the walnut twig beetle (the beetle is native to this country). The disease poses a serious threat to black walnut trees, an important forest species in Wisconsin. Black walnut is known for its highly valuable lumber, which is used for finished products such as furniture, musical instruments and gun stocks. There are approximately 18.5 million black walnut trees in Wisconsin, with over 13% of them located in the southeastern part of the state. Wisconsin businesses export over $4 million in black walnut products annually.
(2) Thousand cankers disease was first observed in New Mexico in the 1990's. The disease has spread throughout the western United States, causing dieback and mortality in black walnut trees. In July, 2010, the disease was also confirmed in the Knoxville, Tennessee area. The Tennessee infestation is the first confirmed infestation east of the Mississippi River, the native range of the black walnut tree.
(3) Thousand cankers disease is currently known to exist in the states of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Tennessee, Utah and Washington. The disease has not yet been found in Wisconsin.
(4) Thousand cankers disease may be spread by the movement of firewood, nursery stock, and unfinished or untreated wood products. It is important to restrict the import of host materials from infested areas, to prevent the disease from being introduced into Wisconsin. The disease, if introduced into Wisconsin, could cause great damage to Wisconsin's economically-important and environmentally important walnut forest resource.
(5) It is important to restrict the import of host materials from infested areas as soon as possible. Without this emergency rule, host materials may be imported into Wisconsin from infested areas without adequate safeguards to prevent the introduction of thousand cankers disease into this state.
(6) It would take over a year to adopt the necessary import restrictions by the normal rulemaking procedure prescribed in ch.
227, Stats. DATCP is therefore adopting this temporary emergency rule under s.
227.24, Stats., pending the adoption of a more “permanent" rule by the normal rulemaking procedures. This temporary emergency rule is necessary to protect the public peace, health, safety and welfare, and to help prevent the introduction of a serious plant disease in this state, pending the adoption of a “permanent" rule by the normal procedure.
Publication Date:
November 1, 2010
Effective Dates:
November 1, 2010 through
March 30, 2011
Hearing Date:
January 26, 2011
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 preservation area or modifying or terminating the designation of an agricultural preservation area. Notwithstanding s.
227.24(1)(c) and
(2), a rule promulgated under that subsection remains in effect until the department modifies or repeals the rule. Notwithstanding s.
227.24(1)(a) and
(3), 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.
The department views s.
91.84(2) as authority to adopt permanent rules that shall be published immediately in the Wisconsin Administrative Code.
Publication Date:
November 9, 2010
Effective Dates:
January 1, 2011 until the Department modifies or repeals the rule
Finding of Emergency
2009 Wis. Act 28 repealed outdated seed standards effective January 1, 2011, and authorized DATCP to adopt new standards by rule. A non-statutory provision, contained in section 9103(3) of Act 28, authorized DATCP to adopt interim rules by the emergency rulemaking procedure under s.
227.24, Stats., without a finding of emergency. Under this non-statutory provision, the interim rules may remain in effect until July 1, 2011 or until the effective date of proposed “permanent" seed rules, whichever date is earlier.
Publication Date:
January 1, 2011
Effective Dates:
January 1, 2011 through
July 1, 2011
Hearing Date:
January 11, 2011
Barbering and Cosmetology Examining Board
Finding of Emergency
The rule as currently promulgated fails to adequately protect the public to the extent that several provisions are underdeveloped, ambiguous or silent. As a result, inconsistent interpretations and contradictory information has led to significant confusion within the profession. Given that the rules require licensees to comply by March 31, 2011, the errors and omissions need to be addressed immediately so licensees can receive adequate training to provide safe and competent services to the public, and comply with the requirements for renewal of a license.
Publication Date:
December 23, 2010
Effective Dates:
December 23, 2010 through
May 21, 2011
Children and Families (2)
Exemption From Finding of Emergency
Section
14m (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) and
(2), 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.
Publication Date:
September 2, 2010
Effective Dates:
September 2, 2010 through
the date permanent rules
become effective
Hearing Date:
October 21, 2010
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:
In the Child and Family Services Review of Wisconsin's child welfare system this past year, the federal Administration for Children and Families found that Wisconsin is not operating in substantial conformity with a number of federal requirements. In response to this review, the department has submitted a program improvement plan that commits the department to complete implementation of the levels of care system and the child assessment tool throughout the first quarter of 2011. Implementation must begin immediately to meet this deadline and subsequent dependent deadlines in the remaining 2 years of the program improvement plan.
Publication Date:
January 1, 2011
Effective Dates:
January 1, 2011 through
May 30, 2011
Hearing Dates:
February 8, 15, 28, 2011
(See the Amended Notice in this Register)
Commerce (4)
Financial Resources for Businesses and Communities, Chs.
Comm 104—
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. Under sections
71.07 (3rm),
71.28 (3rm) and
71.47 (3rm) of the Statutes, as created in
2009 Wisconsin Act 295, a taxpayer may claim a tax credit for investments in food processing plants and food warehouses during taxable years beginning after December 31, 2009.
Section
560.2056 (4) of the Statutes, as likewise created in
2009 Wisconsin Act 295, requires the Department to (1) implement a program for certifying taxpayers as eligible for the food processing plant and food warehouse investment credit, (2) determine the amount of credits to allocate to those taxpayers, and (3) in consultation with the Department of Revenue, promulgate rules to administer the program. No other provisions are established in the Statutes regarding the specific process for taxpayers to use in applying for the credits, and for the Department of Commerce to use in certifying eligible taxpayers and in allocating the credits.
Because of enactment of
2009 Wisconsin Act 295, a number of entities that may be eligible for the tax credits have contacted the Department with inquiries concerning the process for applying for the credits, for expenditures that have been or will be incurred during taxable years that began after December 31, 2009. In addition, section
71.07 (3rm) of the Statutes includes a $1,000,000 tax-credit allocation that became available on May 27, 2010, and expires on June 30, 2010.
Although the Department of Commerce has begun promulgating the permanent rule that is required by
2009 Act 295, the time periods in chapter 227 of the Statutes for promulgating permanent rules preclude the permanent rule from becoming effective in time to accommodate allocating the tax credits for the 2009-10 fiscal year. This emergency rule will enable the Department of Commerce to establish an application, certification, and tax credit allocation process for the entities that will be eligible for the allocation that expires on June 30, 2010.
Publication Date:
June 8, 2010
Effective Dates:
June 8, 2010 through
November 4, 2010
Extension Through:
March 11, 2011
Hearing Date:
August 17, 2010
Exemption From Finding of Emergency
The Legislature, by Section
45 (1) (b) of
2009 Wisconsin Act 265, 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:
July 2, 2010
Effective Dates:
July 2, 2010 through
November 28, 2010
Extension Through:
January 27, 2011
Hearing Date:
October 13, 2010
Exemption From Finding of Emergency
The Legislature, by SECTION 101 (1) in
2009 Wisconsin Act 299, 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:
November 14, 2010
Effective Dates:
November 15, 2010 through
April 13, 2011
Hearing Date:
February 15, 2011
(See the Notice in this Register)
Exemption From Finding of Emergency
The Legislature, by SECTION
45 (1) (b) of
2009 Wisconsin Act 265, 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.
