The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The state legislature has delegated to the department rule - making authority in
2001 Wisconsin Act 108 to control the spread of Chronic Wasting Disease (CWD) in Wisconsin. CWD poses a risk to the health of the state's deer herd and citizens and is a threat to the economic infrastructure of the department, the state, it's citizens and businesses. This rule is needed to reduce the deer herd in the CWD eradication zone further than accomplished through the hunting seasons to help prevent the spread of CWD.
Initial Applicability. This emergency rule repeals and recreates portions of the original CWD emergency rule order (WM-32-02 (E)) which was adopted by the Natural Resources Board in June 2002. The effective period of this emergency rule will coincide with the effective period of the original CWD emergency rule order which has been extended by the Legislative Joint Committee on the Review of Administrative Rules until April 1, 2003, pursuant to 2001, Wisconsin Act 108.
Publication Date:
January 11, 2003
Effective Date:
January 11, 2003
Expiration Date:
April 1, 2003
Hearing Date:
February 11, 2003
Nursing
Rules adopted creating
s. N 4.10, relating to malpractice insurance coverage for nurse-midwives.
Exemption from finding of emergency
Under Section
13 of
2001 Wisconsin Act 52, the Board of Nursing is directed to use the procedure under s.
227.24, Stats., in promulgating the rules required under s.
441.15 (5) (b) of the statutes. Under that procedure, the Board of Nursing may promulgate this rule for the period before permanent rules become effective. The Board of Nursing need not provide evidence of the necessity of preservation of the public peace, health, safety, or welfare in promulgating this rule.
Analysis prepared by the Department of Regulation
2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by rules to be promulgated by the Board of Nursing. This rule establishes those requirements relating to malpractice coverage for nurse-midwives.
Using the procedure under s.
227.24, Stats., the Board of Nursing will promulgate the rules as created by
2001 Wisconsin Act 52, for the period before permanent rules become effective.
Publication Date:
November 5, 2002
Effective Date:
November 5, 2002
Expiration Date:
April 4, 2003
Hearing Date:
March 7, 2003
Extension Through:
June 2, 2003
Workforce Development
(Public Works Const. Contracts, Chs.
DWD 290-
294)
Rules adopted amending
s. DWD 290.155 (1), relating to the annual adjustment of thresholds for application of prevailing wage rates.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to annually adjust thresholds for the application of prevailing wage laws on public works projects. The thresholds are adjusted in accordance with any change in construction costs since the last adjustment. The last adjustment was initially by emergency rule in January 2002 based on changes in the construction cost index in 2001. The Department uses the construction cost index in the December issue of the Engineering News-Record, a national construction trade publication, to determine the change in construction costs over the previous year. The current construction cost index indicates a 2.7% increase in construction costs in 2002. This increase in construction costs results in an increase in the threshold for application of the prevailing wage laws from $36,000 to $37,000 for single-trade projects and from $175,000 to $180,000 for multi-trade projects.
If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately 7 months, until the conclusion of the permanent rule-making process. Between January 1, 2003, and August 1, 2003, a single-trade project with a minimum estimated project cost of more than $36,000 but less than $37,000 or a multi-trade project with an estimated cost of more than $175,000 but less than $180,000 would not be exempt from the prevailing wage laws, as they would be if the emergency rule were promulgated. The threshold adjustments for application of the prevailing wage laws are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process. The Department is proceeding with this emergency rule to avoid imposing an additional administrative burden on local governments and state agencies.
Publication Date:
December 27, 2002
Effective Date:
January 1, 2003
Expiration Date:
May 31, 2003
Hearing Date:
February 27, 2003
