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 and Consumer Protection
Rules adopted revising
ch. ATCP 10, relating to diseases of fish and farm-raised deer.
Finding of Emergency
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's animal health and disease control programs, including programs to control diseases of fish and farm-raised deer.
Disease Testing of Fish
(2) DATCP regulates fish farms, including fish farms operated by the Wisconsin Department of Natural Resources (“DNR"). DATCP also regulates the import, movement and disease testing of fish.
(3) Viral hemorrhagic septicemia (VHS) is a serious disease of fish. VHS was first reported in Wisconsin on May 11, 2007, after the Wisconsin Veterinary Diagnostic Laboratory confirmed positive samples from freshwater drum (sheepshead) in Little Lake Butte des Mortes (part of the Lake Winnebago system). VHS was subsequently found in Lake Winnebago, and in Lake Michigan near Green Bay and Algoma. The source of VHS in these wild water bodies is not known. VHS has not yet been reported in any Wisconsin fish farms. VHS can be fatal to fish, but is not known to affect human beings.
(4) Current DATCP rules require health certificates for fish and fish eggs (including bait) imported into this state, for fish and fish eggs stocked into waters of the state, and for fish and fish eggs (including bait species) moved between fish farms in this state. Import health certificates must include VHS testing if the import shipment includes salmonids (salmon, trout, etc.) or originates from a state or province where VHS is known to occur. VHS testing is not currently required for fish or fish eggs stocked into waters of the state from Wisconsin sources, for bait fish or eggs originating from Wisconsin sources, for fish or fish eggs moved between fish farms in Wisconsin, or for non-salmonids imported from states where VHS has not yet been found.
(5) Because VHS has now been found in waters of the state, it is necessary to expand current VHS testing requirements. Because of the urgent need to minimize the spread of VHS in this state, it is necessary to adopt VHS testing requirements by emergency rule, pending the adoption of a “permanent" rule.
Disease-Free Herd Certification of
Farm-Raised Deer Herds
(6) DATCP registers farm-raised deer herds in this state. DATCP also regulates the import, movement and disease testing of farm-raised deer. Under current DATCP rules, DATCP may certify a deer herd as brucellosis-free or tuberculosis-free, or both, based on herd test results provided by the deer keeper. Certification is voluntary, but facilitates sale and movement of deer.
(7) Under current rules, a tuberculosis-free herd certification is good for 3 years, but a brucellosis-free herd certification is good for only 2 years. There is no compelling veterinary medical reason for the difference. A rule change (extending the brucellosis-free certification term from 2 to 3 years) is needed to harmonize the certification terms, so that deer farmers can conduct simultaneous tests for both diseases. Simultaneous testing will reduce testing costs and limit stress on tested deer. An emergency rule is needed to avoid some unnecessary costs for deer farmers this year, pending the adoption of permanent rules.
Publication Date:
October 31, 2007
Effective Date:
October 31, 2007
Expiration Date:
March 29, 2008
Commerce
(Licenses, Certifications, etc., Ch.
Comm 5)
Rules adopted revising
ch. Comm 5, relating to licensing of elevator contractors and installers.
Exemption From Finding of Emergency
Under the nonstatutory provisions of
2005 Wis. Act 456, the Department of Commerce was directed to issue emergency rules that implement provisions of the Act. The Act specifically states: “Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of commerce is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection."
The Act mandates the licensing of elevator contractors and installers. Under the Act no person may engage in the business of installing or servicing conveyances or working on a conveyance unless licensed as of June 1, 2007. These emergency rules are being adopted in order to provide the elevator industry the ability to comply with licensing aspects of the Act and continue working until permanent rules are implemented.
Publication Date:
June 1, 2007
Effective Date:
June1, 2007
Expiration Date:
See section 7 (2), 2005 Wis.
Act 456
Hearing Date:
June 27, 2007
Commerce
(Amusement Rides, Ch.
Comm 34)
Rule adopted creating
s. Comm 34.22 (5m), relating to amusement ride safety.
Finding of Emergency
The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
1. An amusement ride fatality occurred in Wisconsin on July 14, 2007. The ride involved the field attachment of passengers who don harnesses and then are elevated off the ground.
2. Although no mechanical or equipment failure contributed to the incident, attachment and connection practices of the operators did not incorporate safety practices used on some similar rides in the industry.
3. The department recognizes that without promulgating this emergency rule, there could be confusion in what constitutes a recognized safe practice for the field attachment or connection of harnessed passengers on similar amusement rides. The department believes clarifying the code will promote safety.
Pursuant to section
227.24, Stats., this rule is adopted as an emergency rule to take effect upon publication in the official state newspaper and filing with the Secretary of State and the Revisor of Statutes.
Publication Date:
August 13, 2007
Effective Date:
August 13, 2007
Expiration Date:
January 10, 2008
Hearing Date:
October 15, 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
emergency_rules CR 04-095
Rule adopted amending the effective date of
CR 04-095, by amending the emergency rule that took effect on December 29, 2006, relating to the requirements for administering the office facilities and equipment for safe and effective administration and the applicable standards of care, and to provide for reporting of adverse occurrences related to anesthesia administration.
Finding of Emergency
The board has made a finding of emergency. The board finds that failure to delay the effective date of
CR04-095, from July 1, 2007 to November 1, 2007 will create a danger to the public health, safety and welfare. The extra four months are needed to allow the implementation of the rule to occur and to ensure the continued use of conscious sedation for dental patients. The rules created a course requirement for receiving a conscious sedation permit that did not exist. Courses have and are being developed to meet this requirement. By November 1, 2007, the course will have been available to enough dentists to ensure the continuation of the use of conscious sedation.
Publication Date:
June 24, 2007
Effective Date:
July 1, 2007
Expiration Date:
November 28, 2007
Hearing Date:
July 11, 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
Natural Resources (3)
(Fish and Game, etc., Chs.
NR 1—)
1.
Rules adopted amending
s. NR 20.20, relating to the hook and line harvest of lake sturgeon.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and rules are necessary to prevent excessive harvest of lake sturgeon from the inland waters of Wisconsin during the 2007 hook and line season.
Publication Date:
July 23, 2007
Effective Date:
July 23, 2007
Expiration Date:
December 20, 2007
Hearing Date:
August 13, 2007
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 30, 2007
Effective Date:
August 30, 2007
Expiration Date:
January 27, 2008
