(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
2.
Rules adopted creating
s. ATCP 21.20, relating to voluntary certification of firewood dealers.
Finding of Emergency
(1) The Wisconsin department of natural resources (“DNR") has adopted rules, under s.
NR 45.04 (1) (g), to restrict the movement of firewood into Wisconsin state parks. The DNR rules are designed to prevent the spread of exotic pests, such as Emerald Ash Borer, that may inhabit firewood. The DNR rules prohibit the possession of firewood in a state park unless the firewood comes from within 50 miles from the park, or from a more distant source approved by the Department of Agriculture, Trade and Consumer Protection (“DATCP").
(2) The DNR rules effectively prohibit a firewood dealer located more than 50 miles from a state park from supplying firewood to that state park, except as authorized by DATCP. That prohibition may work a substantial hardship on firewood dealers who normally supply significant quantities of firewood to parks located more than 50 miles away.
(3) This rule creates a voluntary certification program for firewood dealers who obtain their wood from Wisconsin and agree to treat the wood for potential pests such as Emerald Ash Borer. Certified firewood dealers may supply firewood to Wisconsin state parks, even though they are located more than 50 miles from those parks.
(4) DATCP is adopting this rule as a temporary emergency rule, pending completion of “permanent" rulemaking proceedings. DATCP cannot complete permanent rules in time for the 2007 camping season. Without this emergency rule, certain firewood dealers may experience unnecessary financial hardship during the 2007 camping season, because they will be precluded from supplying firewood to state parks more than 50 miles away. This emergency rule allows those firewood dealers to continue supplying firewood to more distant state parks, subject to sourcing and treatment requirements that are reasonably designed to prevent the spread of serious exotic pests.
Publication Date:
May 23, 2007
Effective Date:
May 23, 2007
Expiration Date:
September 20, 2007
Commerce
(Financial Resources for Businesses and Communities, Chs.
Comm 104-
131)
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
Elections Board
Rules adopted creating s. ElBd 3.50, relating to pricing of voter information available from the Statewide Voter Registration System.
Exemption From Finding of Emergency
The Elections Board finds that under Section 180 of the non-statutory provisions of
2005 Wisconsin Act 451, in subsection (4), the Elections Board may promulgate emergency rules under s.
227.24, Stats., implementing s.
6.36 (6), Stats., as created by Wisconsin Act 451. Notwithstanding s.
227.24 (1) (c) and
(2), Stats., emergency rules promulgated under subsection (4) remain in effect until the date on which permanent rules take effect. Notwithstanding s.
227.24 (1) (a) and
(3), Stats., the Elections Board is not required to provide evidence that promulgating a rule under subsection (4) as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under subsection (4).
This amended rule interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats. The rule requires that persons who request copies of information from the Statewide Voter registration System must pay, for each such copy, a charge calculated under the provisions of the rule.
At the present time, the Elections Board is limited, in the fee that it can charge for information provided by the Statewide Voter registration System, to the fee set by s.
19.35 (3), Stats.: “the actual, necessary, and direct cost of reproduction and transcription of the record." In order to recover both the cost of reproduction and the cost of maintaining the list at the state and local level, rather than having its charge be limited to the amount currently provided under the public records law, the Board needs an immediate rule reflecting both cost components required by the new statute.
Publication Date:
May 12, 2007
Effective Date:
May 12, 2007
Hearing Date:
June 11, 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
Health and Family Services
(Medical Assistance, Chs.
HFS 100—)
Rules adopted revising
ch. HFS 107, relating to benefits covered by the Wisconsin Medical Assistance program, 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:
A recent revision to s.
HFS 107.07 (2), the prior authorization subsection of the dental services section of the Medicaid Administrative Code, caused a result which was not intended by the Department. To correct this error, the Department is promulgating rules to clarify that the Department's intent is to require prior authorization for orthodontia and other services provided under early and periodic screening, diagnosis and treatment (EPSDT) services. The medical necessity of these services is determined by the Department based on information submitted by the provider. Thus, it is necessary to require prior authorization to determine the appropriateness of providing these services to an individual recipient.
In the previous rulemaking (
Clearinghouse Rule 05-033) the prior authorization requirement was removed for most procedures that had high rates of approval (greater than 75%). The change was intended to reduce the staff time required for dental offices to process prior authorization requests. The Department did not intend to remove the requirement for prior authorization for orthodontia and other services. The Department specifically stated, in
Clearinghouse Rule 05-033, that "Procedures where appropriate pricing requires a high degree of clinical knowledge (e.g., orthodontics and TMJ surgery), and procedures with strict time limitations (e.g., dentures) are also proposed to retain prior authorization."
The language that was adopted, however, has been interpreted by at least one dentist to mean that prior authorization is no longer required to provide orthodontia to recipients. This interpretation was upheld by an administrative law judge in an administrative hearing. The Department believes that the interpretation of the administrative law judge could open up the Department to being required to pay for procedures that are purely cosmetic. Because the intent of the Department and the language adopted, as recently interpreted, had opposite effects, the Department is promulgating rules to revise section s.
HFS 107.07 to clarify the intent of the rule.
A basic concept of the Medicaid program is that services must be medically necessary to be reimbursable. Allowing the existing rule language to remain in its present form could require reimbursement for orthodontia that is not medically justified.
Publication Date:
April 30, 2007
Effective Date:
April 30, 2007
Expiration Date:
September 27, 2007
Natural Resources (4)
(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
3.
Rules adopted revising
chs. NR 19 and 20, relating to the control of fish diseases and invasive species.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
The World Health Organization for Animal Health (OIE) lists viral hemorrhagic septicemia (VHS) as a "notifiable" disease, meaning that outbreaks must be reported immediately. VHS has been discovered in the Great Lakes, and is moving from the lower lakes (Ontario and Erie), where it has already caused large-scale fish kills, via Huron, where it has been present since 2005, to the upper lakes (Michigan and Superior). Lake Michigan is connected to the Mississippi River by the Chicago Sanitary and Ship Canal and Illinois River, allowing fish and fish diseases to reach the Mississippi drainage. Twenty-seven species of Wisconsin fish have been identified as susceptible by the OIE or USDA APHIS, including most of our most important recreational and commercial species. The VHS virus can be transported from affected areas to areas where it is not yet present via live fish, fish eggs, refrigerated or frozen dead fish, or water where infected fish have been present. The presence of VHS virus in the Great Lakes is therefore a threat to the public health or safety or to the environment.
Publication Date:
April 8, 2007
