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 (2)
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
2.
EmR0822 — 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 farm-raised deer herd as brucellosis-free or tuberculosis-free, or both, based on herd test results provided by the farm-raised deer keeper. Certification is voluntary, but facilitates sale and movement of farm-raised 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 farm-raised deer keepers 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 farm-raised deer keepers this year, pending the adoption of permanent rules.
Publication Date:
July 9, 2008
Effective Date:
July 9, 2008
Expiration Date:
December 6, 2008
Hearing Date:
August 1, 2008
Children and Families
(Formerly Workforce Development)
EmR0821 — Rules adopted creating
ss. DWD 40.02 (12m), 40.05, and DWD 40 Appendix D, relating to establishment of birth cost orders based on child support guidelines.
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:
The federal Office of Child Support Enforcement (OCSE) has notified Wisconsin that OCSE will not certify the state's request for federal income tax refund offset for birth cost orders that have not been set in accordance with the child support guidelines in Chapter
DWD 40, which take into consideration the payer's ability to pay.
Federal income tax refund offset is one of the primary tools for collection of birth cost orders owed to the State of Wisconsin. In calendar year 2007, the child support program collected $11,481,000 in birth costs through federal income tax refund offset. Of the nearly $11.5 million collected, approximately $6.62 million was returned to the federal government to reimburse Medicaid costs, $1.72 million was used by county child support agency programs to benefit children in the state, and the remaining $3.14 million was returned to the state Medicaid program.
Publication Date:
June 27, 2008
Effective Date:
June 27, 2008
Expiration Date:
November 24, 2008
Hearing Date:
July 29, 2008
Commerce
Exemption From Finding of Emergency
Under the nonstatutory provisions of
2007 Wisconsin Act 205, the Department of Commerce is 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, neither the department of commerce or the department of health services is 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 installation and maintenance of carbon monoxide alarms in buildings accommodating certain types of residential occupancies and within which fuel burning appliances are located. Residential occupancies include tourist rooming houses, bed and breakfast establishments, and any public building that is used for sleeping or lodging, such as, hotels, motels, condominiums, apartment buildings, dormitories, fraternities, sororities, convents, seminaries, community based residential facilities, home shelters, but not hospitals and nursing homes. The Act requires the installation of carbon monoxide alarms in new buildings as of October 1, 2008. The owners of existing buildings will have until April 1, 2010 to install the carbon monoxide alarms. The Act also provides for the omission of carbon monoxide alarms in certain instances which are further clarified by the administrative rules.
Publication Date:
September 10, 2008
Effective Date:
October 1, 2008
Expiration Date:
February 28, 2009
Hearing Date:
October 14, 2008
Commerce (2)
Financial Resources for Businesses and Communities, Chs.
Comm 104-
135
1. EmR0823 — Rules adopted amending
Comm Table 108.6–1, sections Comm 108.07 (5), 108.22 (1), and 154.06 (intro.), relating to emergency assistance grants in the community development block grant program, 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 health, safety, and welfare. The facts constituting the emergency are as follows.
Currently under sections
Comm 108.06,
108.07, and
108.22 of the Wisconsin Administrative Code, as promulgated under sections
560.04,
560.045, and
560.9809 of the Statutes, the Department may annually use up to 5 percent of its federal Community Development Block Grant (CDBG) funds to repair or replace public infrastructure or facilities, or for emergency services necessitated by a natural disaster or catastrophic event. Also under sections
Comm 108.07 and
108.22, the maximum amount of CDBG funds that the Department can award to any local government for a natural disaster or catastrophic event is $500,000.
Currently under section
Comm 154.06, as promulgated under sections
560.02 (4) and
560.9809 (2) of the Statutes, the Department may annually use up to $2,000,000 of CDGB funds to address emergency housing needs caused by natural disasters or catastrophic events.
Because of the unprecedented levels of damage to public infrastructure and facilities from the severe storms and widespread flooding that occurred throughout the State in June 2008, the need for emergency assistance to communities far exceeds the $1.35 Million of CDBG funding that results from the above 5-percent limit, and the need for emergency housing assistance for low and moderate income households far exceeds the above $2,000,000. Communities and households in 28 of the 30 counties where the Governor has declared a state of emergency are eligible for this CDBG program assistance.
This emergency rule repeals the above limits of 5 percent, $500,000 and $2,000,000. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.
Publication Date:
July 16, 2008
Effective Date:
July 16, 2008
Expiration Date:
December 16, 2008
Hearing Date:
August 27, 2008
2.
EmR0831 — Rules adopted creating section
Comm 113.03 (4), relating to allocation of volume cap on tax-exempt private activity bonds.
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. Because of widespread disruption of the housing markets, Congress has enacted the Housing and Economic Recovery Act of 2008 (the “Act"), which contains various relief measures relating to housing. Section 3021 of the Act creates a special one-time additional allocation of volume cap for calendar year 2008, to be used for the issuance of single-family housing bonds and multifamily housing bonds no later than December 31, 2010.
Under section
560.032 of the Statutes, the Department of Commerce is charged with allocating to Wisconsin issuers the private activity bond volume cap allocated to Wisconsin under the Internal Revenue Code of 1986,
26 USC 146. This emergency rule is necessary to implement the special allocation of volume cap under the Act, as described above.
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 and filing with the Legislative Reference Bureau.
Publication Date:
September 27, 2008
Effective Date:
September 27, 2008
Expiration Date:
February 24, 2009
Hearing Date:
October 27, 2008
Financial Institutions - Securities
EmR0829 — Rules adopted to
amend s. DFI-Sec 4.06 (2) (i) and to create ss. DFI-Sec 4.06 (1) (v), 5.06 (14) and Chapter DFI-Sec 10, relating to making it a dishonest or unethical practice for securities licensees to make use of misleading designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors.
Finding of Emergency
The Division of Securities of the Department of Financial Institutions for the State of Wisconsin finds that an emergency exists and that the rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency follows:
The Division is taking immediate, emergency-rule action to protect seniors in Wisconsin from being misled through the use by securities licensees of designations and credentials that imply or represent that a person has special expertise, certification, or training in financial planning for seniors, but where such designations and/or credentials are either non-existent or do not involve significant education, testing, training or experience, and in reality are marketing ploys.
Publication Date:
September 15, 2008
Effective Date:
September 15, 2008
Expiration Date:
February 12, 2009
Government Accountability Board
EmR0830 — Rules adopted repealing and recreating
Chapter GAB 4, relating to observers at a polling place or other location where votes are being cast, counted or recounted.
Finding of Emergency
Pursuant to section
227.24, Stats., the Government Accountability Board finds that an emergency exists in the Board's May 5, 2008 decision to decline to reaffirm the administrative rule section ElBd 4.01 because the rule was inconsistent with the requirements of its enabling statute, s.
7.41, Stats. The statute states that any member of the public is allowed to be present at the polls on Election Day to observe; however, it does not specify standards of conduct they must abide by.
The Board further finds that given the intense interest in the fall election, the expected high turnout, the increasing use of observers in the polling place, and the comments of municipal and county clerks regarding the obstacles observers can pose to the orderly conduct of elections, it is necessary to codify standards to regulate the observers' conduct and that the attached rule governing observer conduct must be adopted prior to the fall elections to ensure the public peace and safety with respect to the administration of the fall elections.
Publication Date:
September 26, 2008
Effective Date:
September 26, 2008
Expiration Date:
February 23, 2009
Hearing Date:
November 11, 2008
Health Services
(Formerly Health and Family Services)
Management & Technology & Strategic Finance,
Chs.
HFS (DHS) 1—
EmR0832 — Rule adopted to repeal
s. HFS 12.03 (15) and to create ss. HFS 12.03 (20m), 12.115 and Table HFS 12.115, relating to background checks of individuals who provide personal care services, and affecting small businesses.
Finding of Emergency
The Department of Health 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 172 requires the department to specify by rule, the crimes, a conviction of which an entity must disclose to a client or a client's guardian before the caregiver provides the client with personal care services in the client's home. Act 172 also requires the department to define the term “substitute caregiver". Under s.
50.065 (2m) (d), Stats., as created by
2007 Wisconsin Act 172, the department created a list of crimes required and also as required defined the term “substitute caregiver".
Effective November 1, 2008, entities, including home health agencies and temporary employment agencies, are required under s.
50.065 (2m) (d), Stats., to disclose to the client or the client's guardian, the assigned caregiver's convictions of crimes specified by the department by rule.
Publication Date:
October 20, 2008
Effective Date:
November 1, 2008
Expiration Date:
March 31, 2009
Health Services
(Formerly Health and Family Services)
EmR0825 — Rule adopted creating
Chapter HFS 119, to require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators and to specify the content of the training, qualifications of providers, and frequency with which training is to be completed, and affecting small businesses
.
Exemption From Finding of Emergency
The legislature by
2007 Act 104 provides the department with an exemption from a finding of emergency to adopt these emergency rules.
Publication Date:
August 29, 2008
Effective Date:
September 1, 2008
Expiration Date:
January 29, 2009
Natural Resources
Fish, Game, etc., Chs.
NR 1—
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, 2008
Amendment:
September 26, 2008
Effective Date:
August 30, 2008
Expiration Date:
January 27, 2009
Hearing Date:
October 27, 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
Hearing Dates:
July 22 to August 5, 2008
Extension Through:
January 26, 2009
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
Extension Through:
December 27, 2008
Public Instruction (2)
1.
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
Extension Through:
December 12, 2008
2.
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
Extension Through:
December 25, 2008
Regulation and Licensing (3)
1.
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
Hearing Date:
November 11, 2008
2.
EmR0827 — Rule adopted
creating s. RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104 provides that notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule 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 to implement
2007 Wisconsin Act 104. Notwithstanding s.
227.24 (1) (c) and
(2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Date:
September 10, 2008
Expiration Date:
February 7, 2009
Hearing Date:
November 26, 2008
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104 provides that notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule 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 to implement
2007 Wisconsin Act 104. Notwithstanding s.
227.24 (1) (c) and
(2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Date:
September 10, 2008
Expiration Date:
February 7, 2009
Hearing Date:
November 26, 2008
Revenue
EmR0820 — Rule adopted creating ss.
Tax 8.03 and 8.05, relating to the registration of wine collectors, establishing standards of eligibility for registration as a wine collector, specifying the form and manner of notice required prior to the sale of wine by a wine collector, and the creation and organization of small winery cooperative wholesalers.
Exemption From Finding of Emergency
The legislature by Section
50 of
2007 Wisconsin Act 85 provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:
June 26, 2008
Effective Date:
June 26, 2008
Expiration Date:
July 1, 2010 or the date on
which permanent rules
take effect, whichever is
sooner.
Transportation (2)
1.
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
2.
EmR0833 — Rule adopted revising
Chs. Trans 325, 326 and 327, relating to motor carrier safety, and hazardous material transportation safety.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. Recently enacted commercial motor carrier safety regulations apply to drivers and carriers transporting property and passengers by commercial vehicles in interstate commerce and enhance highway safety. It is imperative the industry operates under a single set of safety regulations to minimize confusion that could result in inadvertent noncompliance or application of an outdated safety standard. Also pursuant to
49 CFR 350.331(d), States are required to adopt compatible laws or rules to remain eligible for Motor Carrier Safety Assistance Program funding. Currently, Wisconsin receives approximately $4 million in such funding, which is used to administer various highway safety programs, and that funding and the safety programs it supports will be in jeopardy if Wisconsin does not implement these changes immediately. The Motor Carriers Association has urged the Department to implement these changes as it will help ensure uniformity and increased highway safety.
Publication Date:
November 5, 2008
Effective Date:
November 5, 2008
Expiration Date:
April 4, 2009
Hearing Date:
December 2, 2008
