5. The department recognizes that without promulgating this emergency rule, there could be confusion in design of any new student housing to be constructed in the very near future. The omission of the automatic fire sprinkler system during the initial design and construction would potentially place lives at greater risk.
6. In addition, the department recognizes that without promulgating this emergency rule, the confusion in omitting the automatic fire sprinkler system would result in additional costs to retrofit the installation of the system in order to fulfill the statutory obligation based upon the effective date of the Act.
Publication Date:
March 4, 2006
Effective Date:
March 4, 2006
Expiration Date:
August 1, 2006
Hearing Date:
May 15, 2006
Elections Board
Rules adopted creating s. ElBd 1.395, relating to the use of funds in a federal campaign committee that has been converted to a state campaign committee and relating to the use of those converted funds whose contribution to the federal committee would not have been in compliance with Wisconsin law if the contribution had been made directly to a state campaign committee.
Finding of Emergency
The Elections Board finds that an emergency exists in the recent change in federal law that permits the transfer of the funds in a federal candidate campaign committee's account to the candidate's state campaign committee account and finds that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is as follows:
Since the Bi-Partisan Campaign Reform Act of 2002 (BICRA), transfers of funds from a federal campaign committee to a state campaign committee had not been authorized under federal law. In November, 2004, Congress amended the Federal Election Campaign Act, (H.R. 4818, s. 532 (3) and 532 (4), to permit the transfer of a federal candidate's campaign committee's funds to the candidate's state campaign committee, if state law permitted, and subject to the state law's requirements and restrictions.
Because of Congress' action in November, 2004, money which had not been available to a state committee under BICRA, and which might not have qualified for use for political purposes in a state campaign because of its source or because of other noncompliance with state law, could now be transferred to a state committee, if state law permitted. Wisconsin law, under the Board's current rule, s. ElBd 1.39, Wis. Adm. Code, allows for conversion of federal campaign committees, and their funds, to a state campaign committee without regard to the source of those funds and without regard to contribution limitations.
Restricting the use of such money to that money which has been contributed to the candidate's federal committee, under circumstances in which the contribution would have complied with Wisconsin law if it had been given directly to the Wisconsin campaign committee, is found to be in the public interest.
Publication Date:
February 3, 2005
Effective Date:
February 3, 2005*
Expiration Date:
July 3, 2005
Hearing Date:
May 18, 2005
* On February 9, 2005, the Joint Committee for Review of Administrative Rules suspended this emergency rule.
Natural Resources (4)
(Fish, Game, etc., Chs.
NR 1—)
1.
Rules were adopted amending
ch. NR 25 relating to commercial fishing for lake trout in Lake Superior.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and the foregoing rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is: The waters of Lake Superior were not part of the extensive off-reservation treaty rights litigation known as the Voigt case. The parties stipulated that the Lake Superior rights would be dealt with, to the extent possible, by agreement rather than litigation. This rule represents the implementation of the most recent negotiated amendments to the agreement between the State and the Red Cliff and Bad River Bands. In order to comply with the terms of the agreement, the State must change its quotas and commercial fishing regulations at the earliest possible date. Failure by the State to do so will not only deprive state fishers of increased harvest opportunities available under the agreement, but could also jeopardize the agreement, putting the entire Lake Superior fishery at risk of litigation.
Publication Date:
December 15, 2005
Effective Date:
December 15, 2005
Expiration Date:
May 14, 2006
Hearing Date:
January 13, 2006
Extension Through:
July 12, 2006
2.
Rules were adopted revising
s. NR 10.25, relating to the issuance of turkey hunting permits.
Plain Language Analysis
This rule change will allow the department to issue turkey tags remaining after the initial permit drawing in accordance with state statute, which is first-come, first-served. Additionally, this rule updates code language to accurately describe how permits are currently issued (by zone and by time period) and establishes that no person may obtain more than one turkey carcass tag per day.
Exemption from finding of emergency
2005 Wisconsin Act 25, allowed the department to utilize the procedure under s.
227.24, Stats., to promulgate rules implementing s.
29.164, Stats., for the period before the date on which permanent rules take effect, but may not exceed the period authorized under s.
227.24 (1) (c) and
(2), Stats. Notwithstanding s.
227.24 (1) (a),
(2) (b), and
(3), Stats., the department is not required to provide evidence that promulgating a rule under this 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 this subsection.
Publication Date:
February 13, 2006
Effective Date:
March 1, 2006
Expiration Date:
July 29, 2006
Hearing Date:
April 10, 2006
3.
Rules were adopted revising
ch. NR 47, relating to the forestry research and development grant program.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to regulate and administer grant programs. The State legislature has delegated responsibility for rule-making to the Department of Natural Resources. Normal rule-making procedures will not allow the establishment of the rules in time to allocate funds during this fiscal year. Failure to establish rules during FY06 will result in lost opportunity for Wisconsin interests to compete for federal grants that improve the public health, public good and the environment through the development of alternative renewable energy and biochemical sources from forestry biomass.
Publication Date:
March 16, 2006
Effective Date:
March 16, 2006
Expiration Date:
August 13, 2006
Hearing Date:
April 24 & 26, 2006
4.
Rules were adopted creating
s. NR 45.04 (1) (g), relating to regulation of firewood entering and exiting department lands and affecting small businesses.
Finding of Emergency
It is important to have restrictions on out-of-state firewood entering department lands in place this camping season due to recent developments in efforts to eradicate and quarantine emerald ash borer in the areas where it is currently established. In Michigan, Ohio, Indiana and Ontario, eradication programs are being dramatically scaled back or abandoned entirely for this summer. A recent audit of quarantine efforts in Michigan where emerald ash borer is most abundant and widespread is critical and faults their program for lax enforcement and poor education of the public to the dangers of moving firewood. Given this situation, a need for an external quarantine to protect Wisconsin forest resources, industry, and community trees becomes obvious. The Wisconsin Department of Agriculture, Trade and Consumer Protection has proposed an external quarantine on host material of emerald ash borer and three other invasive pests and diseases and our firewood regulation would help support this effort, provide an opportunity for education of the public and reduce one of the reasons people move firewood: for use while camping.
Publication Date:
March 27, 2006
Effective Date:
April 1, 2006
Expiration Date:
August 29, 2006
Hearing Date:
July 5, 2006
[See Notice This Register]
Natural Resources (2)
(Environmental Protection - Water Regulation, Chs.
NR 300—)
1.
Rules adopted revising
ch. NR 326, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swim rafts in navigable waterways.
Finding of emergency
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 Wisconsin Legislature recently enacted
2003 Wisconsin Act 118, to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the new law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
2003 Act 118 identifies certain activities that may be undertaken in public trust waters exempt from a permit, or under a general permit. Certain activities may not be undertaken in waters that are defined as “areas of special natural resource interest" or at other locations where the activity would cause detrimental impacts on public rights and interests in navigable waters. Without emergency rules to aid in administering the new law, the following severe problems will occur:
Until general permits are created by rule, any activity which is not exempt requires an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay hundreds of construction projects that otherwise could go ahead with specified conditions for protecting lakes and streams (for example, all new riprap and culvert applications currently require public notices).
Unclear wording of exemptions currently puts property owners, contractors and consultants at risk of violation. Without clear procedures and standards established by emergency rule, many more people may request exemption determinations, slowing the decisions on individual permit applications.
Wording of exemptions and temporary grading jurisdiction puts lakes and streams at risk. Without standards as intended and described in the new law, exempted activities and grading along shorelines will cause inadvertent but permanent destruction of fish and wildlife habitat, loss of natural scenic beauty and reduced water quality. Rights of neighboring property owners may also be harmed. Cumulatively over one or two construction seasons, these impacts will have immediate and permanent effects on Wisconsin's water-based recreation and tourism industry.
To carry out the intention of the Legislature that
2003 Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish definitions, procedures and substantive standards for exemptions, general permits and jurisdiction under the new law.
Publication Date:
April 19, 2004
Effective Date:
April 19, 2004*
Expiration Date:
September 16, 2004
Hearing Date:
May 19, 2004
*On June 24, 2004, the Joint Committee for Review of Administrative Rules suspended this emergency rule.
2.
Rules adopted creating
ss. NR 328.31 to 328.36, relating to shore erosion control on rivers and streams.
Finding of Emergency
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 Wisconsin Legislature enacted
2003 Wisconsin Act 118 to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
Act 118 identifies certain activities that may be undertaken as exempt from a permit, or under a general permit. There are no statutory exemptions for shore protection on rivers and streams. Without emergency rules to create general permits, all shore protection projects on rivers and streams require an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay projects that otherwise could go ahead with prescribed conditions established in a general permit. To carry out the intention of Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish general permits to be in effect for the 2006 construction season, with specific standards for shore erosion control structures on rivers and streams.
Publication Date:
May 5, 2006
Effective Date:
May 8, 2006
Expiration Date:
October 4, 2006
Hearing Date:
June 13, 2006
Regulation and Licensing
Rules were adopted creating
chs. RL 164 and 165, relating to a code of conduct and renewal requirements for substance abuse professionals.
Plain language analysis
The purpose of this emergency rule is to create a code of conduct to facilitate assumption of disciplinary proceedings as part of the transfer of the regulation of substance abuse professionals from the Department of Health and Family Services to the Department of Regulation and Licensing. The emergency rule also sets forth the requirements for renewal.
The Department of Regulation and Licensing must promulgate this emergency rule for the period before the effective date of the permanent rules as promulgated under Wis. Stats. s.
440.88 (3). Under the previous regulatory scheme, the Department of Health and Family Services and the Wisconsin Certification Board had established a code of conduct and restrictions on late renewals. This emergency rule continues the applicability of the rules until the department, with the advice of the Advisory Committee, can establish permanent rules.
Exemption from finding of emergency
Section
9140 (1q) of
2005 Wisconsin Act 25 states in part: “Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department is not required to provide evidence that promulgating a rule under this 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 this subsection."
Publication Date:
April 15, 2006
Effective Date:
April 15, 2006
Expiration Date:
September 12, 2006
Hearing Date:
June 27, 2006
[See Notice This Register]
Revenue (2)
1.
Rule adopted revising
s. Tax 2.50 and creating
s. Tax 2.502, relating to the computation of the apportionment fraction by multistated public utilities and telecommunications companies.
Finding of emergency
The Department of Revenue finds that an emergency exists and that a rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to prescribe the method to be used for apportioning the apportionable income of the following business entities:
•
interstate public utilities, other than telecommunications companies, and
