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.
Children and Families (3)
Exemption From Finding of Emergency
(b) of 2009 Wisconsin Act 335
provides that the department is not required to provide evidence that promulgating a rule under s. 48.625 (1g)
, Stats., 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.
Section 14m (b) also provides that notwithstanding s. 227.24 (1) (c)
, Stats., an emergency rule promulgated under s. 48.625 (1g)
, Stats., remains in effect until the permanent rules promulgated under s. 48.625 (1g)
, Stats., take effect.
September 2, 2010
September 2, 2010 through
the date permanent rules
October 21, 2010
Finding of Emergency
The Department of Children and Families 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:
In the Child and Family Services Review of Wisconsin's child welfare system this past year, the federal Administration for Children and Families found that Wisconsin is not operating in substantial conformity with a number of federal requirements. In response to this review, the department has submitted a program improvement plan that commits the department to complete implementation of the levels of care system and the child assessment tool throughout the first quarter of 2011. Implementation must begin immediately to meet this deadline and subsequent dependent deadlines in the remaining 2 years of the program improvement plan.
January 1, 2011
January 1, 2011 through
May 30, 2011
August 31, 2011
February 8, 15, 28, 2011
— Rule adopted to revise Chapters DCF 52, 54, and 57
, relating to regulation of rates charged by residential care centers for children and youth, child-placing agencies, and group homes.
Finding of Emergency
The Department of Children and Families 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:
2009 Wisconsin Act 28
directed the department to implement rate regulation effective January 1, 2011. Implementation was delayed and this rule is phasing-in rate regulation at the earliest feasible date.
April 18, 2011
April 18, 2011 through
September 16, 2011
May 18, 2011
Government Accountability Board
Finding of Emergency
The Government Accountability Board amends s. GAB 1.28 (3) (b)
, Wis. Adm. Code, relating to the definition of the term “political purpose." Section GAB 1.28
as a whole continues to clarify the definition of “political purposes" found in s. 11.01 (16) (a)1.
, Stats., but repeals the second sentence of s. GAB 1.28 (3) (b)
which prescribes communications presumptively susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.
This amendment to s. GAB 1.28 (3) (b)
is to the rule that was published on July 31, 2010 and effective on August 1, 2010, following a lengthy two year period of drafting, internal review and study, public comment, Legislative review, and consideration of U.S. Supreme Court decisions. Within the context of ch. 11
, Stats, s. GAB 1.28
provides direction to persons intending to engage in activities for political purposes with respect to triggering registering and reporting obligations under campaign financing statutes and regulations. In addition, the rule provides more information for the public so that it may have a more complete understanding as to who is supporting or opposing which candidate or cause and to what extent, whether directly or indirectly.
Pursuant to §227.24
, Stats., the Government Accountability Board finds an emergency exists as a result of pending litigation against the Board and two decisions by the United States Supreme Court: Federal Election Commission (FEC) v. Wisconsin Right to Life, Inc. (WRTL II)
, 550 U.S. 549
(2007) and Citizens United v. FEC
, 558 U.S. ___, (No. 08-205) (January 21, 2010). Following the effective date of the August 1, 2010 rule, three lawsuits were filed seeking a declaration that the rule was unconstitutional and beyond the Board's statutory authority: one in the U.S. District Court for the Western District of Wisconsin, one in the U.S. District Court for the Eastern District of Wisconsin, and one in the Wisconsin Supreme Court. On August 13, 2010, the Wisconsin Supreme Court temporarily enjoined enforcement of the August 1, 2010 rule, pending further order by the Court.
In the lawsuit in the U.S. District Court for the Western District of Wisconsin, the parties previously executed a joint stipulation asking the Court to permanently enjoin application and enforcement of the second sentence of s. GAB 1.28 (3) (b)
. On October 13, 2010, the Court issued an Opinion and Order denying that injunction request. In denying the injunction, the Court noted that “G.A.B. has within its own power the ability to refrain from enforcing, or removing altogether, the offending sentence from a regulation G.A.B. itself created" and emphasized that “removing the language — for example, by G.A.B. issuing an emergency rule — would be far more `simple and expeditious' than asking a federal court to permanently enjoin enforcement of the offending regulation." Wisconsin Club for Growth, Inc. v. Myse
, No. 10-CV-427, slip op. at 2 (W.D. Wis. Oct. 13, 2010). The Court further noted that staying the case would give the Board time to resolve some or all of the pending issues through further rulemaking. Id.
, slip op. at 14.
In addition, the Board, through its litigation counsel, has represented to the Wisconsin Supreme Court that it does not intend to defend the validity of the second sentence of s. GAB 1.28 (3) (b)
and that it would stipulate to the entry of an order by that Court permanently enjoining the application or enforcement of that sentence.
This amendment brings s. GAB 1.28 (3) (b)
into conformity with the above stipulation, with the representations that have been made to the Wisconsin Supreme Court, and with the suggestions made in the October 13, 2010, Opinion and Order of the U.S. District Court for the Western District of Wisconsin. The Board finds that the immediate adoption of this amendment will preserve the public peace and welfare by providing a simple and expeditious clarification of the meaning of s. GAB 1.28
for litigants, for the regulated community, and for the general public and by doing so in advance of the 2011 Spring Election and any other future elections.
January 7, 2011
January 7, 2011 through
June 5, 2011
October 3, 2011
February 16, 2011
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 cost of implementing the Flesch scores and electronic access to policies significantly exceeded anticipated costs for the insurance industry; a review of state resources indicates insufficient staff to timely review the volume of health insurance policy filings resulting from the flesch score requirement; and it is anticipated the federal department of Health and Human Services (“HHS") will use National Association of Insurance Commissioners recommendations for the development of standards for a uniform summary of benefits and coverage explanation for all potential policyholders and enrollees. Repealing these provisions now before costly system overhauls will save both the industry and the state significant resources. Further, although it was anticipated that the National Association of Insurance Commissioners was planning to implement a national readability standard, such movement has stalled negating the amendment to prior Flesch readability scores.
The changes contained in this emergency rule will restore prior standards and ease financial constraints for the insurance industry.
February 9, 2011
February 9, 2011 through
July 8, 2011
September 6, 2011
May 3, 2011
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows: