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.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade & Consumer Protection
Exemption From Finding of Emergency
DATCP has general authority under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. Section
93.48 (1), Stats., specifically requires DATCP to adopt rules for the “buy local" grant program. Section
9103(3i) of
2007 Wisconsin Act 20 (biennial budget act) authorizes DATCP to adopt temporary emergency rules without the normal “finding of emergency," pending the adoption of “permanent" rules. This temporary emergency rule implements the “buy local" grant program on an interim basis, pending the adoption of “permanent" rules.
Publication Date:
February 22, 2008
Effective Date:
February 22, 2008
Expiration Date:
May 1, 2009
Hearing Date:
May 30, 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:
June 1, 2007
Expiration Date:
See section 7 (2), 2005 Wis.
Act 456
Hearing Date:
June 27, 2007
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104-
135
EmR0802 - Creating
Ch. Comm 132, relating to implementing a program for certifying applicants and allocating dairy manufacturing facility investment tax credits, and affecting small businesses.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of the rule included in this order is necessary for the immediate preservation of public welfare.
The facts constituting the emergency are as follows. Under sections
71.07 (3p) (b),
71.28 (3p) (b), and
71.47 (3p) (b) of the Statutes, as created in
2007 Wisconsin Act 20, a taxpayer may claim a dairy manufacturing facility investment credit for dairy manufacturing modernization or expansion during taxable years beginning after December 31, 2006. Sections
71.07 (3p) (a) 3.,
71.28 (3p) (a) 3., and
71.47 (3p) (a) 3. of the Statutes define dairy manufacturing modernization or expansion as “constructing, improving, or acquiring buildings or facilities, or acquiring equipment, for dairy manufacturing . . . if acquired and placed in service in this state during taxable years that begin after December 31, 2006, and before January 1, 2015." Section
71.07 (3p) (c) 2m. a. of the Statutes states that the maximum amount of credits that may be claimed in fiscal year 2007-08 is $600,000.
Section
560.207 of the Statutes, as likewise created in
2007 Wisconsin Act 20, requires the Department to (1) implement a program for certifying taxpayers as eligible for the dairy manufacturing facility investment credit, (2) determine the amount of credits to allocate to those taxpayers, and (3) in consultation with the Department of Revenue, promulgate rules to administer the program. No other provisions are established in the Statutes regarding the specific process for taxpayers to use in applying for the credits, and for the Department of Commerce to use in certifying eligible taxpayers and in allocating the credits.
Because of enactment of
2007 Wisconsin Act 20, a number of entities that may be eligible for the tax credits have contacted the Department with inquiries concerning the process for applying for the credits, for expenditures that have been incurred during taxable years that began after December 31, 2006.
Entities that may be eligible for the tax credits for the 2007-08 fiscal year face near-term time constraints for filing their tax returns with the Department of Revenue. Although the Department of Commerce has begun promulgating the permanent rule that is required by
2007 Act 20, the time periods in chapter 227 of the Statutes for promulgating permanent rules preclude the permanent rule from becoming effective in time to readily accommodate claiming the tax credits for the 2007-08 fiscal year. This emergency rule will enable the Department of Commerce to establish an application, certification, and tax credit allocation process for the entities that need to soon file their tax returns for taxable years beginning after December 31, 2006.
Publication Date:
February 4, 2008
Effective Date:
February 4, 2008
Expiration Date:
July 3, 2008
Hearing Date:
May 14, 2008
Corrections
EmR0812 - Rules adopted revising
s. DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons who are required to register as sex offenders.
Finding of Emergency
The department of corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
2007 WI Act 20, section
3132, amended s.
301.45 (10), Stats., in three ways which requires an immediate amendment of s.
DOC 332.19.
First, the newly amended s.
301.45 (10), Stats., expands the persons whom the department of corrections may require to pay an annual sex offender registration fee. Previously, the department was limited to assessing the fee only against those persons who were required to register and who were in its custody or under its supervision as a person on probation, parole, or extended supervision. The new law permits the department to require all persons who are required to register as a sex offender to pay an annual fee.
Second, the new law limits the use of the collected sex offender fees to partially offset the costs of monitoring sex offenders. Previously, the department was authorized to use the collected fees to partially offset the costs of monitoring those persons on probation, parole, or extended supervision, regardless of whether they were required to register as sex offenders.
Third, the legislature increased the maximum annual rate from $50 to $100. If the rule is not amended promptly and immediately, the department will not be able to collect the fees which are to be used to offset the costs of monitoring persons who are required to register as sex offenders. This could result in a lessening of supervision due to budget limitations.
The purpose of the emergency rule is to amend the current rule to require all persons who are required to register as sex offenders under s.
301.45 to pay the annual fee which is used to partially offset the costs of monitoring registrants. The emergency rule also increases the annual rate to $100. 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:
May 15, 2008
Effective Date:
May 15, 2008
Expiration Date:
October 12, 2008
Hearing Date:
July 24, 2008
Government Accountability Board
EmR0803 - Repealing
s. Eth 3.01, relating to the filing of all written communications and documents intended for the former Ethics Board; repealing
s. Eth 3.04, relating to transcripts of proceedings before the former Ethics Board; and amending
s. ElBd 10.01, relating to procedures for complaints with the former State Elections Board.
Finding of Emergency
The Government Accountability Board adopts this rule to clarify the complaint procedure applicable to complaints that will be filed with the Board under ethics, lobbying, contract- disclosure and campaign finance law and the separate complaint procedure applicable to complaints filed under elections law and the Help America Vote Act.
The Government Accountability Board finds that an emergency exists in the 2007 change in Wisconsin law that establishes the Wisconsin Government Accountability Board (effective January 10, 2008). Under
2007 Wisconsin Act 1, a statutory procedure or framework for investigation of complaints related to ethics, lobbying, contract disclosure and campaign finance, was established. That framework does not include the necessity of the filing of a complaint. Under the rules of the former Elections Board, Chapter ElBd 10, however, an investigation will not be commenced without the filing of a verified complaint. The Government Accountability Board finds that an emergency exists in the possible confusion that potential complainants may find in attempting to file a complaint with the Government Accountability Board and, as a result of that confusion, those complainants may be dissuaded from filing a complaint over which the Board has jurisdiction, or, because of that confusion, may fail to file that complaint in a timely fashion.
Publication Date:
February 10, 2008
Effective Date:
February 10, 2008
Expiration Date:
July 9, 2008
Hearing Date:
June 2, 2008
Health and Family Services
Management & Technology & Strategic Finance,
Chs.
HFS 1—
EmR0810 - Rule adopted amending
ss. HFS 10.55 (1) and 10.56 (2); and creating
ss. HFS 10.55 (1m) and 10.56 (2m), relating to fair hearings and continuation of benefits pending the outcome of a grievance, Department review, or fair hearing under the family care program.
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:
2007 Wisconsin Act 20 eliminates entitlement to non-Medicaid eligibility for Family Care, which could result in some Family Care enrollees being determined ineligible and disenrolled from the program.
In addition, the federal Centers for Medicare and Medicaid Services (CMS) has restricted the Family Care benefit for enrollees at the non-nursing home level of care.
Currently, under ss.
HFS 10.55 and
10.56, persons whose services are terminated may request a hearing and continuation of benefits during an appeal. Individuals who appeal the loss of non-Medicaid eligibility or reduction of services as a result of the restriction of the benefit for people eligible at the non-nursing home level of care will lose the appeal because the change in law and federal policy makes it clear that they are no longer entitled to those benefits. In addition, if benefits continued during an appeal, the individual would be responsible for repayment of the cost of continued services. Therefore, the right to appeal is of no real benefit.
HFS 10.56 (2) gives enrollees whose services are reduced or terminated the option to request continuation of services during a fair hearing, grievance, or Department review of the termination or reduction of services. For individuals appealing the loss of non-Medicaid eligibility, or termination or reduction of services as a result of the restriction of the benefit for people eligible at the non-nursing home level of care, continuation of services will be counter-productive to the welfare of the appellant, because the termination and reduction of benefits will have resulted from a change in law. The appellant will lose the appeal and as a result of the loss, be responsible for the cost of the continued services, which may be significant as costs could be in the thousands of dollars.
Under this emergency order, the Department is providing an exception to the right to a fair hearing and continuation of services during a fair hearing, grievance, or Department review when Family Care benefits are reduced or terminated by an act of the federal government or the state legislature and the individual whose benefits have been terminated or reduced does not dispute that he or she falls within the category of persons for whom the benefit was reduced or terminated. The Department has determined that appeals and continuation of benefits under these circumstances would be detrimental to the welfare of approximately 730 individuals and should be prevented.
Publication Date:
April 7, 2008
Effective Date:
April 7, 2008
Expiration Date:
September 4, 2008
Hearing Date:
May 12, 2008
Insurance
EmR0817 - Rule adopted revising
Ch. Ins 3, relating to long-term care plans including the long-term care partnership program qualifying policies and affecting small business.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
The State of Wisconsin will be implementing the Wisconsin Partnership Program effective January 1, 2009, the date approved by the federal government in accordance with the Department of Health and Family Services' application for participation. As part of the enabling statute as amended, the state requires that all insurance intermediaries receive specific training prior soliciting any long-term care products on or after January 1, 2009. In order to minimize the impact of the additional training, the proposed rule permits the training, if approved, to qualify for continuing education therefore, intermediaries can meet two training requirements simultaneously. For training to be approved and courses offered prior to January 1, 2009, the office needs to promulgate this rule to provide the guidelines necessary for creation and submission of training programs. Therefore the office must promulgate this rule as an emergency rule.
In addition, in order for insurers to offer products intended to qualify for the Wisconsin partnership program, such products shall be submitted to the office prior to use. The insurers must submit those products sufficiently in advance of January 1, 2009, so that there is time for review by the office and implementation time for the insurers. These changes include modifications to s.
Ins 3.455 including repealing and recreating the applicable definitions and modifying the conversion requirements; modifications to s.
Ins 3.46 including deletion of the blanket exemption for group long-term care products replaced with narrow exceptions, modification to the marketing and advertising requirements with notable new requirements for insurers and intermediaries to submit to OCI marketing and advertisement material prior to use, new group insurance requirements, modifications to the permissive limitations and exclusions, disclosures, replacement requirements, reporting requirements for insurers added regarding suitability; conversion modifications, incontestability and standards for marketing. The appendices to s. Ins 3.46 have also been repealed and recreated and now include several reporting forms for tracking suitability, rescissions, claims denial, replacement and lapses by state to be filed by insurers. As noted above, the major addition to s.
Ins 3.46 is the intermediary training requirement as required by s.
628.348 (1), Stats. Finally, the changes also include a new section, s.
Ins 3.465 and appendices, related to the Wisconsin Partnership Program that is to be available beginning January 1, 2009.
A combined rule hearing will be held for both the emergency and permanent rule on June 16, 2008.
Publication Date:
June 2, 2008
Effective Date:
June 3, 2008
Expiration Date:
October 3, 2008
Hearing Date:
June 16, 2008
Natural Resources
Environmental Protection - General, Chs.
NR 100—
Finding of Emergency
The substantial increase in grant funding is a strong message from the Legislature that concern over the welfare of our public waters is growing, along with the expectation that these additional funds be put to work as soon as possible. The appropriation from which these funds are spent is a biennial appropriation, meaning that any unspent funds at the end of the biennium automatically lapse back to the Water Resources Account of the Conservation Fund. The timeline for permanent rule promulgation and the lack of staff to provide support to eligible sponsors may impede the Department's ability to fully and responsibly invest the authorized spending by the end of the biennium because of the current rule's limitations. An emergency rule will help to minimize or eliminate the amount of funds that are lapsed.
Publication Date:
April 7, 2008
Effective Date:
July 1, 2008
Expiration Date:
November 28, 2008
Pharmacy Examining Board
EmR0815 - Rule adopted revising
Ch. Phar 13, relating to the regulation of wholesale prescription drug distributors.
Finding of Emergency
The Board has made a finding of emergency. The Board finds that failure to have the proposed rules in effect on June 1, 2008, the effective date of the applicable provisions of
2007 Wisconsin Act 20, will create a danger to the public health, safety and welfare, by disrupting the wholesale distribution of prescription drugs in the state of Wisconsin.
Publication Date:
May 29, 2008
Effective Date:
June 1, 2008
Expiration Date:
October 29, 2008
Hearing Date:
July 23, 2008
Public Instruction (5)
1.
A rule is adopted creating
Ch. PI 33, relating to grants for nursing services.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The school nursing grant program under s.
115.28 (47), Stats., was created under
2007 Wisconsin Act 20. The Act became effective October 27, 2007, and appropriated $250,000 annually beginning in the 2007-08 school year. In order for school districts to develop applications and for the department to review the applications and grant awards in time for the program to operate in the second semester of the school year, rules must be in place as soon as possible to establish application criteria and procedures.
Publication Date:
November 24, 2007
Effective Date:
November 24, 2007
Expiration Date:
April 22, 2008
Hearing Date:
February 21, 2008
Extension Through:
June 20, 2008
2.
EmR0801 - Creating
Ch. PI 31, relating to grants for science, technology, engineering, and mathematics programs.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The STEM program under s.
115.28 (46), Stats., was created under
2007 Wisconsin Act 20. The Act became effective October 27, 2007, and appropriated $61,500 annually beginning in the 2007-08 school year. In order for school districts to develop applications and for the department to review the applications and grant awards in time for the program to operate in the second semester of the school year, rules must be in place as soon as possible to establish application criteria and procedures.
Publication Date:
January 30, 2008
Effective Date:
January 30, 2008
Expiration Date:
June 28, 2008
Hearing Dates:
March 18 and 21, 2008
3.
EmR0805 - Creating
Ch. PI 16, relating to four-year-old kindergarten grants.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The 4-year-old kindergarten grant program under s.
115.445, Stats., was created under
2007 Wisconsin Act 20. The Act became effective October 27, 2007, and appropriated $3 million annually beginning in the 2008-09 school year. In order for school districts to develop application criteria and procedures in time for the program to operate in the upcoming school year, rules must be in place as soon as possible.
Publication Date:
February 25, 2008
Effective Date:
February 25, 2008
Expiration Date:
July 24, 2008
Hearing Date:
April 17, 2008
4.
EmR0813 - A rule is adopted revising
Ch. PI 37, relating to grants for national teacher certification and master educator licensure.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The new provisions modifying the grants for the national teacher certification program under
2007 Wisconsin Act 20, the biennial budget bill, took effect October 27, 2007. In order to establish the new application criteria and procedures to award grants to eligible applicants in the 2007-08 school year, emergency rules must be in place as soon as possible.
Publication Date:
May 17, 2008
Effective Date:
May 17, 2008
Expiration Date:
October 14, 2008
Hearing Date:
July 23, 2008
5.
EmR0816 - A rule adopted revising
Ch. PI 30, relating to state special education aid for certain pupil services personnel.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The new provisions under
2007 Wisconsin Act 221 modifying the percentage of the salaries of licensed school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that are eligible for state aid reimbursement first applies to state aid distributed in the 2008-09 school year. In order to establish instructions this spring as to how school districts are to account for these pupil services staff on special education claim forms, rules must be in place as soon as possible.
Publication Date:
May 30, 2008
Effective Date:
May 30, 2008
Expiration Date:
October 27, 2008
Hearing Date:
July 14, 2008
Regulation and Licensing (2)
Finding of Emergency
The Department of Regulation and Licensing finds that preservation of the public peace, health, safety or welfare necessitates putting the rule amendments into effect prior to the time the amendments would take if the agency complied with the notice, hearing and publication requirements established for rule-making in ch.
227, Stats. The facts warranting adoption of these rule amendments under s.
227.24, Stats., are as follows:
The department reviewed a proposed draft of a modified form of the residential real estate listing contract, WB-1, which contained inserted text that appeared to be or could be construed to be approved by the department. The modified form was forwarded to the department as an example of work product that was purportedly to be the subject of a continuing education class demonstrating the allowed means to modify an approved form. The modified form was shown to industry stakeholders, the department's council on forms, and the Real Estate Board, for review and comment. All parties agreed that the modified form was, or could be, construed to be misleading based upon its formatting that the modified text was approved by the department, when in actuality, it was not. This potential for consumer confusion was agreed to be a cause for immediate rule-making to prevent modification of forms such as WB-1 in the manner submitted.
Publication Date:
April 16, 2008
Effective Date:
April 16, 2008
Expiration Date:
September 13, 2008
Hearing Date:
June 26, 2008
2.
EmR0819 - A rule adopted revising
s. RL 161.04, relating to examinations for substance abuse professionals.
Finding of Emergency
The department has made a finding of emergency. The current rules require an applicant for a clinical substance abuse counselor credential to pass an oral examination. The company that produced that examination is not giving that examination after June 1, 2008. This emergency rule creates a time period for a transition to enable a category of applicants to get a clinical substance abuse counselor credential. Persons holding a clinical substance abuse counselor credential can apply for a supervisory credential. There is a strong need for more supervisors in this field because services can only be provided under supervision. This rule will enable more applicants to receive a supervisor credential and is therefore necessary to maintain the health, safety and welfare of the public.
Publication Date:
June 18, 2008
Effective Date:
June 18, 2008
Expiration Date:
November 15, 2008
Transportation
EmR0818 - A rule adopted creating
Ch. Trans 263, relating to multiple trip overweight permits for vehicles transporting granular roofing materials.
Exemption From Finding of Emergency
The Legislature, by
2007 Wisconsin Act 171, Section
6 (2), provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:
July 1, 2008
Effective Date:
July 1, 2008
Expiration Date:
July 1, 2009 or the date on
which permanent rules
take effect, whichever is
sooner.
Hearing Date:
July 30, 2008
Workforce Development (3)
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
2007 Wisconsin Act 20 reflects that child care rates will not be increased for the 2008-2009 biennium. Chapter
DWD 56 currently provides that child care rates shall be set annually in accordance with a market rate survey and procedures described in s.
DWD 56.06 (1). Historically, the rate adjustments have been effective January 1 of the new year. This emergency rule is necessary to provide that child care rates will not be adjusted for 2008 in accordance with
2007 Wisconsin Act 20. A corresponding permanent rule will provide that child care rates will not be adjusted for 2008 and 2009.
Publication Date:
December 27, 2007
Effective Date:
January 1, 2008
Expiration Date:
May 30, 2008
Hearing Date:
March 10, 2008
Extension Through:
July 29, 2008
2.
EmR0806 - Rule adopted amending
s. DWD 56.08 (1) and (2) (a), (e),
and (f) and repealing and recreating
Table DWD 56.08, relating to child care copayments and affecting small businesses.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that the rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The federal Department of Health and Human Services is requiring that Wisconsin eliminate different copayment amounts for families who receive child care services from a certified provider and families who receive child care services from a licensed provider. The change to the copayment schedule must be implemented by April 1, 2008, or Wisconsin risks losing $82 million annually from the Child Care Development Fund.
Publication Date:
February 27, 2008
Effective Date:
March 30, 2008
Expiration Date:
August 27, 2008
Hearing Date:
April 11, 2008
3.
EmR0814 - Rule adopted repealing
EmR0807 affecting
s. DWD 56.04, relating to child care enrollment underutilization.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Department implemented the child care enrollment underutilization emergency rule as a cost-saving measure effective March 30, 2008.
2007 Wisconsin Act 226 provides $18.6 million to address the fiscal year 2007-08 Wisconsin Shares funding shortfall. The Governor's veto message directs the Department of Workforce Development to “suspend the current attendance-based rule for the remainder of fiscal year 2007-08." The Department is repealing the enrollment underutilization emergency rule and will be withdrawing the corresponding proposed permanent rule.
Publication Date:
May 25, 2008
Effective Date:
May 25, 2008
Expiration Date:
October 22, 2008
Hearing Date:
June 27, 2008
