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.
Administration
Rules adopted revising
ch. Adm 10, relating to cost benefit analyses of contractural services.
Exemption from Finding of Emergency
Section
8(2) of
2005 Wisconsin Act 89 requires the Department of Administration to promulgate rules required under ss.
16.004 (1),
16.705 (2) and
227.11 Stats., by using the emergency rulemaking procedure under s.
227.24, Stats., except that the department is not required to provide evidence that the emergency rule is necessary for the preservation of public peace, health, safety or welfare and is not required to provide a finding of emergency.
Plain language analysis
The department intends to promulgate a rule as required by Act 89 to require a cost-benefit analysis to be completed for each bid or request for proposal to compare the cost of contracting for services versus providing the services with state employees.
Currently, all state agencies and UW System campuses may contract for services between $25,000 and $200,000 if they can show that the services can be performed more economically or efficiently by such a contract than by state employees. Currently, if the contractual services would be greater than $200,000, the contracting agency must complete a more rigorous and detailed cost/benefit analysis to demonstrate that the services can be performed more economically or efficiently by such a contract than by state employees. This more rigorous and detailed analysis includes total cost, quality and nature of services required, specialized skills, time factors, risk factors and legal barriers. Act 89 requires agencies to conduct uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 in accordance with standards prescribed in the rules. Cost benefit-analysis is defined to include total cost, quality, technical expertise and timeliness of a service.
Act 89 also requires agencies to review periodically, and before any renewal, the continued appropriateness of contracting under each services agreement involving an estimated expenditure of more than $25,000. Act 89 requires the department to complete an annual summary report of the cost benefit-analysis prepared by state agencies in the preceding fiscal year and recommendations for elimination of unneeded contractual service procurements and for the consolidation or resolicitation of existing contractual service procurements.
Publication Date:
July 1, 2006
Effective Date:
July 1, 2006
Hearing Date: August 11, 2006
Agriculture, Trade & Consumer Protection (2)
1.
Rules adopted revising
ch. ATCP 136, relating to mobile air conditioners; reclaiming or recycling refrigerant.
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers s.
100.45, Stats. DATCP has adopted rules under ch.
ATCP 136 to implement s.
100.45, Stats. The current rules regulate the sale and installation of mobile air conditioner refrigerants, including “substitute refrigerants" such as R 134A. Among other things, the current rules prohibit the sale of mobile air conditioner refrigerants in containers holding less than 15 lbs. of refrigerant.
(2) On June 28, 2006, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) voted to suspend all current state rules related to the installation and sale of “substitute refrigerants" of any kind. This broad exemption will become effective on July 7, 2006 unless by that date DATCP adopts a narrower alternative exemption by emergency rule. The narrower exemption specified by JCRAR would apply only to the sale of the “substitute refrigerant" R 134A. The exemption would allow the sale of R 134A to the general public in “do-it-yourself" containers holding less than 15 lbs.
(3) DATCP is adopting this emergency rule for the sole purpose of preventing a broader JCRAR suspension of rules that currently prevent the release of mobile air conditioner refrigerant into the environment.
Publication Date:
July 12, 2006
Effective Date:
July 12, 2006
Expiration Date:
December 9, 2006
Hearing Date: August 15, 2006
2.
Rules adopted amending
s. ATCP 10.47 (2) (c) and (3) (b) 3., relating to minimum acreage requirements for farm-raised deer hunting preserves.
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers state laws related to farm-raised deer. DATCP currently licenses deer farms and issues certificates for deer hunting preserves, pursuant to s.
95.55, Stats., and ch.
ATCP 10, Wis. Adm. Code.
(2) Current law generally prohibits deer hunting preserves smaller than 80 acres. However,
2005 Wis. Act 359 (enacted effective May 3, 2006) provides a limited “grandfather" exemption for certain white-tailed deer hunting preserves previously licensed by the Department of Natural Resources (“DNR"). Under Act 359, a white-tailed deer hunting preserve is exempt from the 80-acre minimum size requirement if,
among other things, the acreage of the hunting preserve is “not less than the acreage subject to the deer farm license on December 31, 2002." This rule clarifies that the “acreage subject to the deer farm license on December 31, 2002" means the
hunting acreage subject to the deer farm license on December 31, 2002. Without this interpretation, Act 359 would have no practical effect and would be rendered a nullity.
(3) The “grandfather" exemption in Act 359 is limited to hunting preserve operators who apply by November 1, 2006. DATCP must act on applications within 90 business days. Action may affect an operator's ability to operate during the 2006 hunting season. DATCP is adopting this rule as an emergency rule, in order to facilitate timely action on applications. DATCP could not adopt this rule by normal rulemaking procedures in time to implement Act 359.
Publication Date:
October 9, 2006
Effective Date:
October 9, 2006
Expiration Date:
March 7, 2007
Hearing Date: November 13, 2006
Commerce
(Financial Resources for Businesses and Communities, Chs.
Comm 105 to
131)
Rule adopted creating
ch. Comm 131, relating to diesel truck idling reduction grants.
Exemption from Finding of Emergency
The legislature by Section 9108 (1w) in
2005 Wisconsin Act 25, provides an exemption from a finding of emergency for the adoption of this rule.
The rules specify who is eligible for receiving a grant in this program for purchasing and installing diesel truck idling reduction equipment. Eligible costs are also specified, along with how to apply for the grants. Parameters for awarding the grants are likewise specified. These parameters include (1) disallowing grants to any applicant who is failing to comply with any conditions imposed on any previous grant received in this program; and (2) alerting applicants that the Department may (a) refuse to award grants for idling reduction equipment on truck tractors that do not have a sleeper berth, (b) annually allocate up to 25 percent of the grant funding to applicants who
own and operate 50 or fewer truck tractors, and (c) set deadlines for submitting applications, and then prorate the awards to the applicants if the total funding requested in the applications exceeds the available revenue.
Publication Date:
June 30, 2006
Effective Date:
July 1, 2006
Expiration Date:
November 28, 2006
Hearing Date: July 25, 2006
Corrections
A rule was adopted creating
s. DOC 332.19, relating to a sex offender registration fee.
Finding of Emergency
The department of corrections finds that an emergency exists and that rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is: Under
2005 WI Act 25, the legislature authorized the department to establish a sex offender registration fee. If the rule is not created promptly and immediately, the department will not be able to collect the fees which are to be used to offset the costs of monitoring probationers, parolees, or persons on extended supervision, which could result in a lessening of supervision due to budget limitations.
The purpose of the emergency rule is to establish an annual sex offender registration fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the collection of fees while permanent rules are being developed.
Publication Date:
June 8, 2006
Effective Date:
June 8, 2006
Expiration Date:
November 5, 2006
Hearing Date: July 18, 2006
Extension Through:
January 3, 2007
Elections Board (2)
1. 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:
December 3, 2006
Hearing Date: May 18, 2005
* On February 9, 2005, the Joint Committee for Review of Administrative Rules suspended this emergency rule.
** The legislative session ended on July 12, 2006, with no action on the bill that would have sustained the suspension action.
2. Rules were adopted creating s. ElBd 3.04, relating to election day registration and the requirement to provide a driver's license number or other form of identification to register at the polls.
Finding of Emergency
The Elections Board finds that an emergency exists in the 2002 change in federal law that requires persons who have been issued a current and valid driver's license to list that number in completing a voter registration application or their registration may not be processed.
In 2002, Congress enacted the Help America Vote Act to address problems and issues that surfaced in the 2000 presidential election. Section 303(a)(5)(A)(i) of the Act provided that “an application for voter registration for an election for Federal office may not be accepted or processed by a state unless the application includes – in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number." To comply with federal law, but also to avoid disenfranchising those Wisconsin election day registrants who have been issued a current and valid Wisconsin driver's license but do not provide that number on their registration form, the Board has adopted s. ElBd 3.04, providing for the issuance of a provisional ballot to those registrants, pursuant to s.
6.97, Stats. Under that statute, the provisional ballot will be counted if the registrant provides, by any means feasible, his or her driver's license number to the clerk of the municipality in which the registrant has voted, not later than 4:00 p.m., on the day following the election.
Previously, the Board's policy had been to process the election day registration of those registrants who failed to list their driver's license number on their registration application, if they had provided, on their registration form, a Wisconsin-issued Identification Card Number or the last four digits of their Social Security Number. Whether that policy complied with federal law had been in issue. Assuring that Wisconsin's practice complies with federal law and obtaining that assurance before election day, by the promulgation of this emergency rule, is found to be in the public interest.
Publication Date:
July 31, 2006
Effective Date:
July 31, 2006
Expiration Date:
December 28, 2006
Hearing Date: October 4, 2006
Emergency Management
Rule adopted creating
ch. WEM 7, relating to disaster assistance for local governments.
Finding of Emergency
The Wisconsin Division of Emergency Management 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 an emergency is as follows:
1. The
2005 Wis. Act 269 created the major disaster assistance program under Wis. Stats. §
166.03 (2) (b) 9. An annual appropriation of $3,000,000 SEG A for fiscal years 2005-06 and 2006-07 was established under Wis. Stats. §
20.465 (3) (b) (s) from the petroleum inspection fund. These funds were provided to make payments to local units of government for damages and costs incurred as a result of a major catastrophe. This Act was made retroactive to January 1, 2005.
2. The Act requires the Wisconsin Department of Military Affairs, through its Division of Emergency Management, to promulgate rules to implement and establish the application process and the criteria to determine eligibility under the major disaster assistance program. The Division will immediately begin the permanent rule-making process for establishing administrative rules for these payments, but cannot complete the required hearings and review of these rules prior to the lapse of funds retained in the major disaster assistance appropriation for fiscal year 2005-06.
3. To ensure that appropriated funds for fiscal year 2005-06 are timely paid to local governmental units for damages and eligible costs incurred as a direct result of major catastrophes, emergency administrative rules must be established immediately.
Publication Date:
June 8, 2006
Effective Date:
June 8, 2006
Expiration Date:
November 5, 2006
Hearing Date: August 14, 15, 16 & 17, 2006
Extension Through:
December 4, 2006
Financial Institutions - Banking
Rules were adopted revising ch. DFI—Bkg 77, relating to pawnbrokers.
Finding of Emergency
The effect of
2005 Wisconsin Act 158 is that pawnbrokers licensed by the department under s.
138.09, Stats., are exempt from s.
138.10, Stats., effective October 1, 2006. Under statutory procedures, however, a permanent rule regulating these pawnbrokers is unlikely to be effective until mid-2007, leaving the public without the safeguards of the permanent rule until that time. Thus the preservation of public safety and welfare necessitates enacting the safeguards of the emergency rule until a permanent rule is in effect.
Publication Date:
September 25, 2006
Effective Date:
October 1, 2006
Expiration Date:
February 28, 2007
Hearing Date: December 13, 2006
[See Notice this Register]
Health and Family Services (2)
(Health, Chs.
HFS 110—)
1.
Rules were adopted revising
chs. HFS 110 and 111, relating to licensing emergency medical technicians and affecting small businesses.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public, health, safety and welfare.
The facts constituting the emergency are as follows:
In Wisconsin there are approximately 430 ambulance service providers. Approximately 80% are volunteer (not for profit) or owned by private for profit entities. The remaining 20% are government owned. A total of 129 ambulance service providers and 2,812 licensed individuals in 48 counties currently provide emergency medical services at the EMT-basic-IV (74) or EMT-provisional intermediate (55) level to approximately 2.65 million Wisconsin residents. The provider industry estimates that these ambulance service providers are losing approximately $1.5 million dollars in reimbursement revenues annually due to the codification of the EMT-basic IV services in ch.
HFS 110 as basic life support. The loss is likely to increase when the provisional EMT-intermediate is renamed EMT-basic IV effective July 1, 2006, and an estimated 95% of the individuals who are currently licensed and titled as provisional EMT-intermediate will be renamed EMT-basic IV. Ambulance service providers report that they cannot continue to cover the costs of training and operating at the advanced life support level of care while being reimbursed at the basic life support level of care. Consequently, the level of emergency medical services provided in over half of the state's 72 counties may be reduced or become non-existent unless changes are implemented.
To maintain the level of emergency medical services that are currently being provided and to avoid confusion about the skills and level of care provided by the EMT-basic IV licensee, the department in these emergency rules is changing the name of the EMT-basic IV license to EMT-intermediate technician and moving the licensing requirements to ch.
HFS 111. These changes will allow ambulance service providers to charge for both at the higher rate of reimbursement. In addition, these emergency rules will modify the continuing education requirements under ch.
HFS 110 to allow ambulance service providers flexibility in providing refresher training to EMT-basic licensees. This change will reduce financial and scheduling burdens on providers by allowing them to use their training dollars more cost effectively.
Publication Date:
July 1, 2006
Effective Date:
July 1, 2006
Expiration Date:
November 28, 2006
Hearing Dates:
July 25, 26 and 27, 2006
2.
Rules adopted creating
ch. HFS 137, relating to prescribing forms for use by physicians, technicians and tissue bank employees when removing organs and tissue, other than cardiovascular tissue from decedents.
Exemption from Finding of Emergency
The legislature by
2005 Wisconsin Act 230 requires these rules to be promulgated as emergency rules and exempts the Department from making a finding of emergency or providing evidence that these rules as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare.
Plain language analysis:
The Department is required by
2005 Wisconsin Act 230 to appoint an advisory committee to assist the Department in prescribing, by rule, a form for removal of organs and a form for removal of tissue, other than cardiovascular tissue, for use by physicians, technicians, and tissue bank employees under section
157.06 (4m) (e) of the statutes, as created by Act 230. Section
157.06 (4m) (e), Stats., requires a physician who removes tissue or an organ from a decedent or a technician or tissue bank employee who removes tissue from a decedent under s.
157.06 (4m), Stats., to complete the form created by the Department and transmit the form to the coroner or medical examiner with jurisdiction over the decedent.
As required by section. 12. (1) (b) of Act 230, the Department intends to promulgate permanent rules that are substantially identical to the emergency rules.
Because these rules only prescribe forms, the Department will, as allowed under s.
227.23, Stats., promulgate these rules without adhering to the notice and public hearing requirements set forth under ch.
227, Stats. Also, as allowed under s.
227.23, Stats., the forms prescribed by the proposed rules will not be published in the Wisconsin administrative code or the Wisconsin Administrative Register, but will be listed by title and description with a statement as to how the forms may be obtained.
Publication Date:
July 24, 2006
Effective Date:
August 1, 2006
Expiration Date:
December 29, 2006
Insurance (2)
1.
Rules adopted creating
ss. Ins 9.25 (8) and 9.27 (4), Wis. Adm. Code, relating to preferred provider plan applicability dates and affecting small business plan limited exemption.
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:
The rule identifies a limited group of policies issued by licensed insurers offering preferred provider plans that do not comply with newly promulgated ch.
Ins 9, Wis. Adm. Code. In compliance with the request of the Joint Committee for the Review of Administrative Rules (JCRAR), this rule must be issued as an emergency rule and permanent rule. It is not possible to complete the permanent rule process prior to the effective date of the chapter, January 1, 2007, therefore this emergency rule is necessary.
The commissioner has filed a notice of scope for drafting the permanent rule corresponding to this emergency rule and will continue with the permanent rule making process. It is intended that one rule hearing can be held to comply with both the emergency rule and permanent rule requirements.
Publication Date:
August 31, 2006
Effective Date:
September 1, 2006
Expiration Date:
January 29, 2007
Hearing Date: December 12, 2006
[See Notice this Register]
2.
Rules adopted revising
s. Ins 6.77, relating to underinsured and uninsured motorist coverage in umbrella and commercial policies.
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 will modify the rule in light of the recent Supreme Court decisions,
Rebernick v American Family Mutual Ins Company, 2006 WI 27 and
Rocker v USAA Casualty Ins Company,
2006 WI 26. In Rebernick, the court held that s.
632.32 (4m), Stats, applies to personal umbrella policies. In Rocker, the court held that s.
632.32 (6) (a), Stats, applies to commercial general liability policies and commercial umbrella policies. These interpretations are inconsistent with current insurer practices and OCI's expectation of what would be covered in these types of policies.
Compliance with this interpretation would create significant, if not impossible compliance problems for insurers. Many insurers who write umbrella coverage do not write and are not even licensed to write automobile coverage. A second, difficult issue is that the limits for umbrella coverages are generally very high, $1,000,000. It is unclear how an umbrella policy would reconcile these limits with the underlying auto policy and underinsured motorist coverage. For this reason, OCI had previously by rule exempted umbrella policies from the similar requirements of the uninsured motorist coverages in s.
632.32, Stats. For similar reasons, the same revision is being made for commercial liability policies.
Publication Date:
September 29, 2006
Effective Date:
September 29, 2006
Expiration Date:
February 26, 2007
Hearing Date: December 11, 2006
[See Notice this Register]
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
Rules adopted revising
ch. NR 10, relating to the 2006 migratory game bird seasons.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations to conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
August 31, 2006
Effective Date:
August 31, 2006
Expiration Date:
January 28, 2007
Hearing Date: October 11, 2006
Natural Resources
(Environmental Protection - Water Regulation, Chs.
NR 300—)
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
Extension Through:
December 2, 2006
Natural Resources
(Environmental Protection - Hazardous Waste, Chs.
NR 600—)
Rules adopted revising
chs. NR 660 to 665, relating to hazardous waste management.
Exemption from 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:
In 2001, EPA proposed regulations to change the hazardous waste manifest requirements under the federal Resource Conservation and Recovery Act (RCRA) to eliminate all state-specific manifest requirements and to require electronic submittal of the manifests. The EPA's final rule was published March 4, 2005, with correcting amendments published on June 16, 2005, and the effective date is September 5, 2006. The new regulations require the use of standardized manifest forms in all states and require certification from EPA in order to print the manifest forms. (Final action on the e-manifest was postponed.) Unlike most RCRA rules, this federal regulation will take effect, nation-wide, on the effective date. The new federal requirements will apply in all states, including Wisconsin, but will not override or supersede Wisconsin's state-specific hazardous waste manifest requirements. Accordingly, the potential exists for conflicting or additional state manifest requirements to exist beginning on that date, and the advantages of a single, uniform nationwide rule will be lost.
The normal administrative rulemaking process cannot be completed in time to conform Wisconsin's hazardous waste manifest requirements to the new EPA manifest regulations by their September 5, 2006 effective date. However, failure to adopt the new federal requirements as state rules by this date may cause legal uncertainty and potential confusion among hazardous waste generators, transporters and treatment, storage and disposal facility operators, as well as state regulatory program staff. This could interfere with interstate commerce and the orderly functioning of government, imposing unnecessary regulatory costs on Wisconsin individuals and businesses and out-of-state companies doing business in Wisconsin, to the detriment of the public welfare. More importantly, the potential confusion caused by different state and federal manifest requirements could lead to improper transportation and management of hazardous wastes, resulting in a threat to public health or safety and the environment.
Publication Date:
September 2, 2006
Effective Date:
September 5, 2006
Expiration Date:
February 2, 2007
Hearing Date: September 26, 2006
Optometry Examining Board
A rule Was adopted creating
ch. Opt 8, relating to continuing education.
Exemption from finding of emergency
“(3) Continuing education rules. (b)
…Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the optometry examining board is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph."
Plain language analysis
Chapter
Opt 8 is being created to incorporate the continuing education requirements that optometrists must complete in order to renew their registrations. As a result of the changes made to ch.
449, Stats., by
2005 Wisconsin Act 297, all optometrist will now be required to complete 30 hours of continuing education. Previously, only optometrists who were certified to use diagnostic pharmaceutical agents (DPA) and therapeutic pharmaceutical agents (TPA) were required to complete continuing education course work.
Publication Date:
November 8, 2006
Effective Date:
November 8, 2006
Expiration Date:
April 7, 2007
Hearing Date: December 7, 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
Extension Through:
January 9, 2007
Transportation (2)
1.
Rules adopted creating
ch. Trans 515, relating to contractual service procurement.
Exemption from finding of emergency
The Legislature, by Section
8 of
2005 Wis. Act 89, provides an exemption from a finding of emergency for the adoption of the rule.
Analysis Prepared by the Department of Transportation
The proposed rule requires a cost benefit analysis before procuring engineering or other specialized services under s.
84.01 (13), Stats., in excess of $25,000 when those services are normally performed by state employees. The required analysis includes a comparison between the costs of contracting out and performing the services with state employees. The analysis also considers other subjective factors such as timeliness, quality and technical expertise.
Publication Date:
July 1, 2006
Effective Date:
July 1, 2006
Hearing Date: August 8, 2006
2.
Rules adopted revising
ch. Trans 276, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit.
Exemption from finding of emergency
The Legislature, by Section
7 of
2005 Wis. Act 363, provides an exemption from a finding of emergency for the adoption of the rule.
Plain language analysis
Section
348.07 (1), Stats., historically has limited vehicle lengths on Wisconsin highways to 65 feet. Section
348.07(2), Stats., allowed vehicles meeting the specifications of that subsection to operate without permits despite exceeding the 65-foot limit of subsection (1).
2005 Wis. Act 363 amended s.
348.07, Stats., and essentially made 75 feet the default permitted length on the state trunk highway system. Wisconsin's old default 65-foot overall length limit still applies on all local roads but only applies to state trunk highways that are designated as 65-foot restricted routes by the Department. This emergency rule making establishes a preliminary list of such “65-foot restricted routes."
Prior to Act 363, s.
348.07 (4), Stats., permitted the Department to designate “long truck routes" upon which no overall length limits apply. The Department designates the state's long truck routes in s.
Trans 276.07. This rule making does not affect those longstanding designations.
The new “default" 75-foot overall length limit applies on state highways that are neither designated as 65-foot restricted routes under this rule making nor long truck routes under s.
Trans 276.07.
Definitions have been added to the rule to make it easier to identify the nature of designations made by the Department in Ch.
Trans 276.
In drafting this rule the Department noticed several items that it believes may be of special interest to the legislature and which, in the Department's view, deserve special legislative attention. First, Act 363 did not grant any authority for 75-foot vehicles using the new 75-foot routes to leave those routes to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The Department does not believe this oversight was intentional and, on an emergency basis, has designated the intersection of each 75-foot route and any other highway as a long truck route under its authority in s.
348.07 (4), Stats. This will permit trucks to exceed the 65-foot default length limit on local roads to access such facilities and make deliveries. The Department encourages the legislature to consider statutorily establishing access rights for vehicles using 75-foot restricted routes.
The second consequence of Act 363 the Department has discovered in drafting this emergency rule is that one statute that formerly restricted double-bottom tractor-trailer combinations to the state's long-truck network was repealed by the deletion of the reference to s. 348.07 (2) (gm), Stats., by the Act's amendment of s.
348.07 (4), Stats. Under the amended statute, as revised by Act 363, it might appear to a reader that double bottom trucks of unlimited length may operate upon any highway in the state, including local roads and streets, without permits. Section
348.08 (1) (e), Stats., however, continues to provide that double-bottom trucks be restricted to highways designated by the department under s.
348.07 (4). WisDOT believes this provision continues to limit double-bottom operation to long truck routes designated by the Department under s.
348.07 (4), Stats. WisDOT would suggest the deleted reference to (2) (gm) in 348.07 (4), Stats., be re-inserted into the statute to avoid confusion.
Finally, the Department notes that s.
348.07, Stats., is becoming difficult to decipher from a legal standpoint because of the many amendments that have been made to it over the years. It may be that recodifying the statute for the purpose of clarification of the length limitations of Wisconsin law would be helpful to truck and long vehicle operators in this state.
Publication Date:
September 15, 2006
Effective Date:
September 15, 2006
Expiration Date:
See section 7 (2) of 2005 Wis.
Act 363
Hearing Date: October 4, 2006
Workforce Development
Rules adopted amending
s. DWD 59.07 (2) (d) 2., relating to grants supporting community child care initiatives.
Exemption from 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:
Under the Grants Supporting Community Child Care Initiatives program, the Department distributes federal Child Care Development Funds to local governments and tribes. The funding period for the grants is the federal fiscal year of October 1 to September 30. The Department cannot release the 2006-2007 grants scheduled to begin October 1 until the change in this emergency rule is effective. These grants will provide $2.5 million of federal funds to support activities such as accommodation of children with disabilities, education of providers, and staff retention strategies.
The change in this rule and other changes to Chapter
DWD 59 are included in a proposed permanent rule that is expected to be effective by the end of the year.
Publication Date:
October 2, 2006
Effective Date:
October 2, 2006
Expiration Date:
March 1, 2007
Hearing Date: October 26, 2006
