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.
Agriculture, Trade & Consumer Protection (2)
1.
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
2.
Rules adopted creating
ch. ATCP 112, relating to credit report security freezes.
Finding of Emergency
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") will administer s.
100.54, Stats. as of January 1, 2007. DATCP is required under s.
100.54 (12), Stats. to adopt rules related to identification required of consumers requesting credit report security freezes.
(2) As of January 1, 2007, s.
100.54, Stats. will be in effect, however without an emergency rule the statute will be unclear regarding what constitutes proper identification for purposes of creating a security freeze, temporarily releasing a security freeze or permanently removing a security freeze from a consumer credit report.
(3) DATCP is adopting this emergency rule for the sole purpose of allowing consumers to clearly place a security freeze on their consumer credit report while the permanent rulemaking process is completed.
Publication Date:
January 19, 2007
Effective Date:
January 19, 2007
Expiration Date:
June 18, 2007
Hearing Date: February 12, 2007
Commerce (2)
(Financial Resources for Businesses and Communities, Chs.
Comm 104-
131)
1.
Rules adopted creating
ch. Comm 104, relating to Woman-Owned Business Certification Program.
Exemption From Finding of Emergency
The Legislature, by section 5 (1) (a) in
2005 Wisconsin Act 358, 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.
Pursuant to section
227.24 of the statutes, this rule is adopted as an emergency rule to take effect upon publication
in the official state newspaper. In accordance with section
5 (1) (b) of
2005 Wisconsin Act 358, this rule will remain in effect until March 1, 2007, or the date on which permanent rules take effect, whichever is sooner.
Plain Language Analysis
These emergency rules primarily specify (1) which businesses are eligible for becoming certified in this program; (2) how to apply for certification and recertification; (3) how the certifications will be issued, renewed, and rescinded; and (4) how to appeal a decision by the Department. Parameters are also included for recognizing equivalent certifications that are issued by other public agencies.
Publication Date:
February 9, 2007
Effective Date:
February 9, 2007
Hearing Date: March 30, 2007
2.
Rules adopted creating
ch. Comm 135, relating to tax credits and exemptions for internet equipment used in the broadband market.
Exemption From Finding of Emergency
These rules establish the criteria for administering a program that will (1) certify businesses as temporarily eligible for tax credits and exemptions for Internet equipment used in the broadband market, and (2) allocate up to $7,500,000 to these businesses for these tax credits and exemptions.
Pursuant to section
227.24 of the statutes, this rule is adopted as an emergency rule to take effect upon publication
in the official state newspaper. In accordance with section
17 (1) (d) of
2005 Wisconsin Act 479, this rule will remain in effect until January 1, 2008, or until the Department reports its certifications and determinations under this rule to the Department of Revenue, whichever is sooner.
The rules specify who is eligible for the income and franchise tax credits and the sales and use tax exemptions in this program, for Internet equipment used in the broadband market. Eligible equipment is also specified, along with how to apply for the certifications and allocations. Parameters for allocating the authorized total of $7,500,000 are likewise specified. These parameters emphasize (1) efficiently initiating broadband Internet service in areas of Wisconsin that otherwise are not expected to soon receive this service, and (2) encouraging economic or community development. The rule chapter also describes the time-specific legislative oversight that is established in
2005 Act 479 for these allocations, and describes the follow-up reports that the Act requires from every person who receives a sales or use tax exemption under this chapter.
Publication Date:
February 20, 2007
Effective Date:
February 20, 2007
Hearing Date: March 26, 2007
Dentistry Examining Board
Rules were adopted amending
ch. DE 11, relating to better identifying the different levels of anesthesia, including nitrous oxide, anxiolysis, conscious sedation-enteral, conscious sedation-parenteral, deep sedation, and general anesthesia, and the requirements for each level.
Finding of Emergency
The board finds that failure to delay the effective date of
CR04-095, from January 1, 2007, to July 1, 2007, will create a danger to the public health, safety and welfare. The extra six months are needed to allow the implementation of the rule to occur and to ensure the continued use of conscious sedation for dental patients.
Publication Date:
December 21, 2006
Effective Date:
December 29, 2006
Expiration Date:
May 28, 2007
Hearing Date: January 31, 2007
Health and Family Services
(Community Services, Chs.
HFS 30—)
Rules adopted revising
ch. HFS 51, relating to the adoption of children to include preadoption training requirements that will apply to private adoptions, international adoption, and adoptions of children with special needs and affecting small businesses.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
On April 10, 2006, the Wisconsin State Legislature enacted
2005 Wisconsin Act 293, which amended s.
48.84, Stats., to require first-time adoptive parents to receive preadoption training before a child may be placed for adoption by a court pursuant to s.
48.833, Stats., or before a prospective adoptive parent may petition for placement of a child for adoption under s.
48.837, Stats., or before a proposed adoptive parent may bring a child into Wisconsin for an international adoption under s.
48.839, Stats. The Act further requires the Department to promulgate rules that establish the number of hours and topics covered in the training of first-time adoptive parents. The training must cover issues that may confront adoptive parents in general and that may confront adoptive parents of special needs or international children.
The Act requires the rules to be effective April 1, 2007. Because the rules apply not only to the Department which administers the special needs adoption program with the assistance of private agencies under contract with the Department, and with the cooperation of county human and social service agencies, but also to private agencies that handle domestic adoptions and international adoptions, the Department has invested a significant amount of time gathering information from agencies regarding what training is currently provided to preadoptive parents. The Department conducted written and follow-up telephone surveys with private agencies to determine what content was currently being taught, and the format used for training. The Department's Adoption Services Committee met over several months to determine the curriculum for special needs adoption, the competencies that would be required for all training programs, the number of hours and the documentation that would be required in the training. In addition, the Department reviewed the proposed Hague Convention (federal) training requirements for proposed adoptive parents of international children to assure that Wisconsin's training requirements for first-time pre-adoptive parents would meet or exceed those requirements.
As a result of this extensive collaboration with stakeholders, development of the proposed training requirements has been unusually long and now requires the training requirements to be implemented as an emergency rule in order to meet the legislated date of April 1, 2007, the date adoptive parents must begin receiving preadoptive training.
This emergency rules are substantially similar to the proposed permanent rules except in the hours of training required. Under the emergency order, adoption agencies are required to provide adoptive parents with 2 hours of orientation and 10 hours of training. The proposed permanent rule requires adoption agencies to provide 2 hours of orientation and 16 hours of training. Stakeholder agencies have indicated that the additional 5 months under the emergency rule will allow them to prepare all proposed adoptive parents to meet the orientation and training requirements under the proposed permanent rules.
Publication Date:
March 31, 2007
Effective Date:
April 1, 2007
Expiration Date:
August 29, 2007
Hearing Date: April 27, 2007
[See Notice this Register]
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 a 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
Extension Through:
May 1, 2007
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 a 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
Natural Resources (2)
(Fish and Game, etc., Chs.
NR 1—)
1.
Rules adopted amending
s. NR 1.21 and creating
s. NR 1.26, relating to contracting for timber sale establishment services on state land.
Exemption from finding of emergency
As provided in section
13 of
2005 Wis. Act 166, “Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide a finding of emergency for a rule promulgated under this subsection."
Section 1 of the proposed rule distinguishes between timber sales related tasks that can be contracted and functions that Department staff must perform to protect the resource and assure compliance with regulations and property master plans. The purpose is to divide technical activities that are appropriate for contracting from administration of finance, policy and compliance issues. The rule defines bidding and payment procedures for the contracted services, including prequalification of bidders based on experience with timber sales and related forest inventory work. Section 2 makes technical corrections in the definition of educational requirements for cooperating foresters. The change would make educational requirements for cooperating foresters and department foresters identical, including the allowance of training equivalent to that obtained at a college accredited by the Society of American Foresters.
Publication Date:
February 6, 2007
Effective Date:
February 6, 2007
Expiration Date:
July 6, 2007
Hearing Date: March 21, 2007
2.
Rules adopted creating
s. NR 45.075, relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department.
Exemption from finding of emergency
As provided in section
13 of
2005 Wis. Act 166, notwithstanding s.
227.24, Stats., the Department is not required to provide a finding of emergency for this rule and the emergency rule will remain in effect until a permanent rule is promulgated.
Rule FR-11-07(E) specifies those emergencies on forested land under the jurisdiction of the department over which the chief state forester shall have management authority. This rule describes causes of unforeseen damage or threat of damage to trees that could lead the chief state forester to declare an emergency and assume management authority. Included in the list of damaging agents that could lead to the declaration of an emergency are those required by the legislature: invasive species, pest infestation, disease, and damage to timber from fire, snow, hail, ice, or wind. The rule states that when declaring and responding to an emergency, the chief state forester shall consider the purpose of and management plan for the affected property in his or her decisions. This rule, however, would allow the chief state forester to take actions not described in the management plan for a property if that were the most appropriate response to the emergency. Finally, this rule describes the processes by which the declaration of the state of emergency shall be made effective, canceled or modified.
Publication Date:
February 6, 2007
Effective Date:
February 6, 2007
Expiration Date:
July 6, 2007
Hearing Date: March 21, 2007
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
Extension Through:
June 5, 2007
Regulation and Licensing
Rules adopted creating
chs. RL 160 to 168, relating to substance abuse professionals.
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."
Plain language analysis
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective 2006. This proposed rule-making order creates rules relating to definitions, requirements for certification, supervised practice, scope of practice, education approval and professional liability insurance for substance abuse professionals.
Publication Date:
November 27, 2006
Effective Date:
December 1, 2006
Expiration Date:
April 30, 2007
Hearing Date: February 13, 2007
Transportation
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 (2)
(Workforce Solutions, Chs.
DWD 11 to
59)
1.
Rules adopted revising
s. DWD 56.06, relating to child care rates and affecting small businesses.
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 child care subsidy budget estimates that the child care subsidy program will have a tight budget by the end of fiscal year 06-07. This is due to flat federal funding, rising caseload, and increased provider costs. To begin to address the tight budget, the Department will not increase the child care subsidy maximum rates for 2007. This emergency rule will maintain the maximum rates at 2006 levels.
Publication Date:
January 22, 2007
Effective Date:
January 22, 2007
Expiration Date:
June 21, 2007
Hearing Date: May 7, 2007
[See Notice this Register]
2.
Rules adopted revising
ch. DWD 56, relating to child care enrollment underutilization.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and 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 child care subsidy budget is expected to have a substantial deficit by the end of state fiscal year 2006-07. While many factors will have an impact on the program's final fiscal balance, current spending patterns at current rates suggest that the program will exceed its o6-07 budget authorization by approximately $46 million. This rule will provide for more efficient use of the program's limited funding.
Publication Date:
April 1, 2007
Effective Date:
April 1, 2007
Expiration Date:
August 29, 2007
Workforce Development
(Public Works Compensation, Chs.
DWD 290-
294)
Rules adopted amending
s. DWD 290.155 (1), relating to the 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:
Adjusting the thresholds for application of the prevailing wage rate requirements by emergency rule ensures that the adjustments are effective on a date certain that is prior to the time of year that project requests are generally submitted to the Department and applicability of the prevailing wage law is determined. The adjustment avoids imposing an additional administrative burden on local governments and state agencies caused by an effective decrease of the thresholds due solely to inflation in the construction industry. If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six to seven months, until the conclusion of the permanent rule-making process. The thresholds are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process.
Publication Date:
December 28, 2006
Effective Date:
January 1, 2007
Expiration Date:
May 31, 2007
Hearing Date: February 19, 2007
