The statement of scope for this rule, SS 041-13, was approved by the Governor on April 15, 2013, and published in Register No. 688 on April 30, 2013, and approved by the Department of Administration Secretary, Mike Huebsch, effective May 13, 2013. This emergency rule was approved by the Governor on June 19, 2013.
Finding of Emergency
Each year the federal government makes funding available to the several states for economic and housing development through a program known as the Community Development Block Grant Program (CDBG). The CDBG is governed under 42 USC 5301 to 5319 and 24 CFR Part 570, and is administered by the US Department of Housing and Urban Development (HUD). Since the dissolution of the Wisconsin Department of Commerce, the Wisconsin Department of Administration (DOA) has received CDBG grants from HUD, and entered into agreements with the Wisconsin Economic Development Corporation (WEDC) for the administration of those funds. Under this arrangement, state administrative code Chapter Commerce 108 was unneeded, as WEDC operated under substantially similar internal policies. Recently, DOA and WEDC have mutually determined that the expertise of DOA is better suited to administration of CDBG funds, while the expertise of WEDC is best suited to consultation with localities and businesses seeking to access CDBG funds. The parties intend to formalize the transfer of administrative responsibility of CDBG funds to DOA shortly. Consequently, it is imperative for the welfare of the State of Wisconsin that administrative code provisions concerning the CDBG program be made.
Filed with LRB:   June 28, 2013
Publication Date:   July 1, 2013
Effective Dates:   July 1, 2013 through
  November 27, 2013
Hearing Date:   November 18, 2013
Extension Through:   January 26, 2014
Agriculture, Trade and Consumer Protection (3)
emergency_rules EmR1311 1.   EmR1311 — The state of Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to amend section ATCP 21.17 (1) (b) and to create section ATCP 21.17 (1) (c), relating to the quarantine of Jefferson County for emerald ash borer.
This emergency rule was approved by the Governor on July 15, 2013.
The blanket statement of scope for this rule, SS 0088-12, was approved by the Governor on November 8, 2012, published in Register No. 683, on November 30, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection as required by s. 227.135 (2), Stats., on December 18, 2012.
Finding of Emergency
On June 25, 2013, the Wisconsin Department of Natural Resources positively identified Emerald Ash Borer (EAB) in Walworth County at the University of Wisconsin Whitewater Campus, about 750 meters from the Jefferson County line. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s. ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Jefferson County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:   July 24, 2013
Publication Date:   July 24, 2013
Effective Dates:   July 24, 2013 through
  December 20, 2013
Hearing Date:   September 26, 2013
emergency_rules EmR1312 2.   EmR1312 — The state of Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to to amend section ATCP 21.17 (1) (b) and to create section ATCP 21.17 (1) (d), relating to the quarantine of Sauk County for emerald ash borer.
The blanket statement of scope for this rule, SS 08-12, was approved by the Governor on November 8, 2012, published in Register No. 683, on November 30, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection (as required by s. 227.135 (2), Stats.) on December 18, 2012.
This emergency rule was approved by the Governor on August 1, 2013.
Finding of Emergency
On July 11, 2013, the United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in Sauk County at Mirror Lake State Park. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s. ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Sauk County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:   August 13, 2013
Publication Date:   August 14, 2013
Effective Dates:   August 14, 2013 through
  January 10, 2014
Hearing Date:   September 26, 2013
emergency_rules EmR1315 3.   EmR1315 — The state of Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to amend section ATCP 21.17 (1) (b) and to create section ATCP 21.17 (1) (e), relating to the quarantines of Dodge, Douglas, and Winnebago counties for emerald ash borer.
This emergency rule was approved by the Governor on August 29, 2013.
The blanket statement of scope for this rule, SS 0088-12, was approved by the Governor on November 8, 2012, published in Register No. 683, on November 30, 2012, and approved by the Board of Agriculture, Trade & Consumer Protection (as required by s. 227.135 (2), Stats.) on December 18, 2012.
Finding of Emergency
The United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in Watertown, Dodge County on August 1, 2013; in Black Wolf township, Winnebago County on August 6, 2013; and subsequently in Superior, Douglas County on August 13, 2013. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s. ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Dodge, Douglas, and Winnebago counties but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:   September 11, 2013
Publication Date:   September 11, 2013
Effective Dates:   September 11, 2013 through
  February 7, 2014
Hearing Date:   October 11, 2013
Employment Relations Commission
emergency_rules EmR1310 EmR1310 — The Wisconsin Employment Relations Commission hereby creates Chapters ERC 70, 71, and 80, relating to annual certification elections.
This emergency rule was approved by the Governor July 3, 2013.
The statement of scope for this rule, SS 045-13, was approved by the Governor on April 19, 2013, published in Register 689, on May 14, 2013, and approved by the Wisconsin Employment Relations Commission on June 3, 2013.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules into effect so that the Wisconsin Employment Relations Commission can meet its obligation to conduct annual certification elections as required by ss. 111.70 (4) (d) 3. b. and 111.83 (3) (b), Stats.
Filed with LRB:   July 15 2013
Publication Date:   July 13, 2013
Effective Dates:   July 13, 2013 through
  December 9, 2013
Insurance (2)
emergency_rules EmR1306 1.   EmR1306 — The Commissioner of Insurance adopts an order to amend sections Ins 17.01 (3) and 17.28 (3) (c) and to repeal and recreate section Ins 17.28 (6), Wis. Admin. Code, relating to Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013, and affecting small business.
This emergency rule was approved by the Governor on June 4, 2013.
The statement of scope for this rule, SS 042-13, was approved by the Governor on April 16, 2013, published in Register No. 688, on April 30, 2013, and approved by the Commissioner on May 10, 2013.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
These changes must be in place with an effective date prior to July 1, 2013, in order for the new fiscal year assessments to be issued in accordance with s. 655.27 (3), Wis. Stats. The permanent rule-making process cannot be completed prior to the effective date of the new fee schedule. The fiscal year fund fees were established by the Board of Governors at the meeting held on December 19, 2012, and the mediation panel fees were established by the Board of Governors at the meeting held on March 20, 2013.
Filed with LRB:   June 10, 2013
Publication Date:   June 12, 2013
Effective Dates:   June 12, 2013 through
  November 8, 2013
Hearing Date:   July 23, 2013
Extension Through:   January 7, 2014
emergency_rules EmR1314 2.   EmR1314 — The Commissioner of Insurance proposes an order to create Chapter Ins 6 subch. II, subch. II (title), and sections Ins 6.91 to 6.98, relating to navigators, nonnavigator assisters, and related entities and affecting small business.
The statement of scope for this rule SS 078-13, was approved by the Governor on July 1, 2013, published in Register No. 691, on July 15, 2013, and approved by the Commissioner on July 26, 2013. This emergency rule was approved by the Governor on August 30, 2013.
Finding of Emergency
In accordance with s. 623.98, Stats., the commissioner may promulgate rules under ss. 227.24 (1) (a) and (3), Stats., without providing evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare and without a finding of emergency. The commissioner intends to publish the proposed rule sufficiently in advance of October 1, 2013 to permit proper licensing, certification, and training of navigators and nonnavigator assisters and to permit proper registration of navigator and nonnavigator assister entities. The commissioner intends to promulgate permanent rules close in time to the emergency rules so not to create a gap in requirements.
Filed with LRB:   September 5, 2013
Publication Date:   September 10, 2013
Effective Dates:   September 10, 2013 through
  February 6, 2014
Hearing Date:   September 27, 2013
Natural Resources (5)
Fish, Game, etc., Chs. NR 1
This emergency rule was approved by the Governor on August 10, 2010.
The statement of scope for this rule, SS 023-12, was approved by the Governor on April 12, 2012, published in Register No. 676, on April 30, 2012, and approved by the Natural Resources Board on May 23, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:   August 15, 2012
Publication Date:   August 18, 2012
Effective Dates:   August 18, 2012 through the   date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
emergency_rules EmR1215 2.   EmR1215 (DNR # WM-16-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate section NR 10.01 (3) (h) 1., relating to the coyote hunting season.
This emergency rule was approved by the Governor on August 30, 2012.
The statement of scope for this rule, SS 038-12, was approved by the Governor on May 29, 2012, published in Register No. 678, on June 14, 2012, and approved by the Natural Resources Board on June 27, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:   September 14, 2012
Publication Date:   October 1, 2012
Effective Dates:   October 1, 2012 through the date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
emergency_rules EmR1313 3.   EmR1313 (DNR # WMH-07-13(E)) — The Wisconsin Natural Resources Board proposes an order to repeal section NR 10.06 (9) (b); to amend section NR 10.01 (1) (v); to repeal and recreate sections NR 10.01 (1) (b) to (u) and 10.12 (3) (c); and to create section NR 10.12 (3) (e), relating to migratory bird hunting regulations.
This emergency rule was approved by the Governor on August 30, 2103.
The statement of scope for this rule, SS 018-13, was approved by the Governor on February 18, 2013, published in Register No. 687, on March 14, 2013, and approved by the Natural Resources Board on April 24, 2013.
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