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.
Administration (2)
1. EmR1309 — The Department of Administration hereby adopts an order to create
Chapter Adm 93, relating to the community development block grant program.
The statement of scope for this rule, SS
041-13, was approved by the Governor on April 15, 2013, and published in
Register No. 688 on April 30, 2013, and approved by the Department of Administration Secretary, Mike Huebsch, effective May 13, 2013. This emergency rule was approved by the Governor on June 19, 2013.
Finding of Emergency
Each year the federal government makes funding available to the several states for economic and housing development through a program known as the Community Development Block Grant Program (CDBG). The CDBG is governed under
42 USC 5301 to
5319 and
24 CFR Part 570, and is administered by the US Department of Housing and Urban Development (HUD). Since the dissolution of the Wisconsin Department of Commerce, the Wisconsin Department of Administration (DOA) has received CDBG grants from HUD, and entered into agreements with the Wisconsin Economic Development Corporation (WEDC) for the administration of those funds. Under this arrangement, state administrative code Chapter Commerce 108 was unneeded, as WEDC operated under substantially similar internal policies. Recently, DOA and WEDC have mutually determined that the expertise of DOA is better suited to administration of CDBG funds, while the expertise of WEDC is best suited to consultation with localities and businesses seeking to access CDBG funds. The parties intend to formalize the transfer of administrative responsibility of CDBG funds to DOA shortly. Consequently, it is imperative for the welfare of the State of Wisconsin that administrative code provisions concerning the CDBG program be made.
Filed with LRB:
June 28, 2013
Publication Date:
July 1, 2013
Effective Dates:
July 1, 2013 through
November 27, 2013
Hearing Date:
November 18, 2013
Extension Through:
January 26, 2014
2. EmR1321 — The Department of Administration hereby adopts an order to repeal
section Adm 2.14 (2) (vr) c.; to renumber and amend section
Adm 2.14 (2) (v) 9. a. and b.; to amend
sections Adm 2.02 (1) (a), 2.04 (1), 2.04 (2), (3), (5), and (7), 2.07 (2), 2.08 (1) and (1) (d), 2.11, 2.14 (2), (2) (v), (2) (vm) and (2) (vm) 5.; and to create
sections Adm 2.03 (3m), (3r) and (6m), 2.04 (1m), (2m), (2r), (2z), (9), and (10), and 2.14 (2) (vm) and (2) (vm) 5.
The statement of scope for this rule, SS
131-13, was approved by the Governor on October 8, 2013, and published in
Register No. 694 on October 31, 2013, and approved by Department of Administration Secretary Mike Huebsch on November 13, 2013. This emergency rule was approved by the Governor on November 21, 2013.
Finding of Emergency
Since 1979 the legislature has vested the department of administration with the responsibility and authority to manage various state buildings and grounds, including those of the Wisconsin state capitol. S.
16.84 (1), Stats. Since 1979, the department has permitted the use of these buildings and grounds for the free discussion of public questions and other purposes, so long as such uses did not interfere with the prime uses of these facilities, or otherwise infringe on interests of the state. s.
16.845, Stats., and s.
Adm 2.04.
Each year, the Wisconsin state capitol police issue nearly 500 permits for the use of various state facilities. Permits are used for a variety of purposes, whether political, non-political, charitable, or commercial. Permits are issued regardless of political party, affiliation, or content. Permits are given to any person free of charge.
Occupation of the capitol rotunda and other areas has caused disruptions to the properly permitted events and normal government activities, including but not limited to, a Red Cross blood drive, a high school science exhibit, school group tours, general public tours, and legislative committee meetings and sessions. The state does not refuse permits for the lawful and safe use of state facilities by any person or persons, and the state cannot allow any person or persons to occupy the capitol in disregard of the rights of permit holders, public employees, or visitors. It is imperative that the department gain compliance in order to protect the public safety and welfare.
On October 24, 2013, a lawsuit was dismissed based upon a stipulation of and settlement agreement between the parties. The department is obligated under the settlement agreement to advance certain changes in procedure. The department seeks to fulfill its obligations in a timely manner, which is not possible without engaging in the emergency rule process.
Filed with LRB:
November 26, 2013
Publication Date:
November 27, 2013
Effective Dates:
November 27, 2013 through
April 25, 2014 (corrected)
Agriculture, Trade and Consumer Protection (5)
1. EmR1311 — The state of Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to amend
section ATCP 21.17 (1) (b) and to create
section ATCP 21.17 (1) (c), relating to the quarantine of Jefferson County for emerald ash borer.
This emergency rule was approved by the Governor on July 15, 2013.
The blanket statement of scope for this rule, SS 0088-12, was approved by the Governor on November 8, 2012, published in
Register No. 683, on November 30, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection as required by s.
227.135 (2), Stats., on December 18, 2012.
Finding of Emergency
On June 25, 2013, the Wisconsin Department of Natural Resources positively identified Emerald Ash Borer (EAB) in Walworth County at the University of Wisconsin Whitewater Campus, about 750 meters from the Jefferson County line. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Jefferson County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
July 24, 2013
Publication Date:
July 24, 2013
Effective Dates:
July 24, 2013 through
December 20, 2013
Hearing Date:
September 26, 2013
2. EmR1312 — The state of Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to to amend
section ATCP 21.17 (1) (b) and to create
section ATCP 21.17 (1) (d), relating to
the quarantine of Sauk County for emerald ash borer.
The blanket statement of scope for this rule, SS 08-12, was approved by the Governor on November 8, 2012, published in
Register No. 683, on November 30, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection (as required by s.
227.135 (2), Stats.) on December 18, 2012.
This emergency rule was approved by the Governor on August 1, 2013.
Finding of Emergency
On July 11, 2013, the United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in Sauk County at Mirror Lake State Park. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Sauk County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
August 13, 2013
Publication Date:
August 14, 2013
Effective Dates:
August 14, 2013 through
January 10, 2014
Hearing Date:
September 26, 2013
3. EmR1315 — The state of Wisconsin department of agriculture, trade and consumer protection hereby adopts the following emergency rule to amend
section ATCP 21.17 (1) (b) and to create
section ATCP 21.17 (1) (e), relating to the quarantines of Dodge, Douglas, and Winnebago counties for emerald ash borer.
This emergency rule was approved by the Governor on August 29, 2013.
The blanket statement of scope for this rule, SS 0088-12, was approved by the Governor on November 8, 2012, published in
Register No. 683, on November 30, 2012, and approved by the Board of Agriculture, Trade & Consumer Protection (as required by s.
227.135 (2), Stats.) on December 18, 2012.
Finding of Emergency
The United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in Watertown, Dodge County on August 1, 2013; in Black Wolf township, Winnebago County on August 6, 2013; and subsequently in Superior, Douglas County on August 13, 2013. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Dodge, Douglas, and Winnebago counties but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of these counties to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
September 11, 2013
Publication Date:
September 11, 2013
Effective Dates:
September 11, 2013 through
February 7, 2014
Hearing Date:
October 11, 2013
4. EmR1322 — The state of Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to amend
section ATCP 21.17 (1) (b) and to create
section ATCP 21.17 (1) (f), relating to the quarantine of Dane County for the emerald ash borer.
This emergency rule was approved by the Governor on December 10, 2013.
The blanket scope for this rule, SS
141-13, was approved by the Governor on October 30, 2013 published in register No. 695 on November 14, 2013, and approved by the Board of Agriculture, Trade & Consumer Protection on December 10, 2013.
Finding of Emergency
The United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in Madison, Dane County on November 22, 2013. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Dane County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of this county to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
December 17, 2013
Publication Date:
December 18, 2013
Effective Dates:
December 18, 2013 through
May 16, 2014
Hearing Date:
January 13, 2014
5. EmR1325 — The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following emergency rule to repeal
sections ATCP 136.02 (4) (d) and 136.10 (2) (c), (3) (a) 2., and (b) 4., and to amend
sections ATCP 136.02 (4) (g) (Note), (5), (7), (8) (a), 136.08 (1), (7) (Note), and 136.12 (1) (b) (Note) and (2) (Note), relating to mobile air conditioners, reclaiming or recycling refrigerant.
This emergency rule was approved by the Governor on December 23, 2013.
The scope statement for this rule, SS
122-13, was approved by the Governor on September 20, 2013 published in register No. 694 on October 14, 2013, and approved by the Board of Agriculture, Trade & Consumer Protection on November 13, 2013.
Finding of Emergency
In Wisconsin, businesses that repair mobile air conditioners must register with the department and pay an annual registration fee of $120 for each registered location. In addition, each technician working on mobile air conditioners at these businesses must attend a DATCP-approved training course and pass an exam.
A recent statutory change harmonized Wisconsin's state mobile air conditioner law with federal law, and Wisconsin's unique training course content is no longer applicable.
The registration year begins on March 1 of each year. By that date, all mobile air conditioning businesses and technicians must be registered with the department or pay a surcharge fee.
DATCP has determined that it has sufficient alternative revenue sources to fund the mobile air conditioning program and is undergoing rule-making to permanently eliminate the $120 registration fee. However, the rule-making will not be effective for the upcoming registration year that begins March 1, 2014. The department has also determined that its technician training requirements can be modified due to recent changes in state statute that harmonize Wisconsin law with federal law. Technicians who complete the federally approved training course will now meet Wisconsin's training requirement.
This temporary emergency rule is necessary to protect the welfare of the small businesses that would otherwise pay the registration fee. In addition, the emergency rule is needed to protect the welfare of small businesses and their employees by eliminating an unnecessary training requirement.
Filed with LRB:
December 27, 2013
Publication Date:
December 31, 2013
Effective Dates:
December 31, 2013 through
May 29, 2014
Employment Relations Commission
EmR1310 — The Wisconsin Employment Relations Commission hereby creates
Chapters ERC 70, 71, and 80, relating to annual certification elections.
This emergency rule was approved by the Governor July 3, 2013.
The statement of scope for this rule, SS
045-13, was approved by the Governor on April 19, 2013, published in
Register 689, on May 14, 2013, and approved by the Wisconsin Employment Relations Commission on June 3, 2013.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules into effect so that the Wisconsin Employment Relations Commission can meet its obligation to conduct annual certification elections as required by ss.
111.70 (4) (d) 3. b. and
111.83 (3) (b), Stats.
Filed with LRB:
July 15 2013
Publication Date:
July 13, 2013
Effective Dates:
July 13, 2013 through
December 9, 2013
Extension Through:
February 7, 2014
Insurance (2)
1. EmR1306 — The Commissioner of Insurance adopts an order to amend
sections Ins 17.01 (3) and 17.28 (3) (c) and to repeal and recreate
section Ins 17.28 (6), Wis. Admin. Code, relating to Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013, and affecting small business
.
This emergency rule was approved by the Governor on June 4, 2013.
The statement of scope for this rule, SS
042-13, was approved by the Governor on April 16, 2013, published in
Register No. 688, on April 30, 2013, and approved by the Commissioner on May 10, 2013.
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:
These changes must be in place with an effective date prior to July 1, 2013, in order for the new fiscal year assessments to be issued in accordance with s.
655.27 (3), Wis. Stats. The permanent rule-making process cannot be completed prior to the effective date of the new fee schedule. The fiscal year fund fees were established by the Board of Governors at the meeting held on December 19, 2012, and the mediation panel fees were established by the Board of Governors at the meeting held on March 20, 2013.
Filed with LRB:
June 10, 2013
Publication Date:
June 12, 2013
Effective Dates:
June 12, 2013 through
November 8, 2013
Hearing Date:
July 23, 2013
Extension Through:
January 7, 2014
2. EmR1314 — The Commissioner of Insurance proposes an order to create
Chapter Ins 6 subch. II, subch. II (title), and sections Ins 6.91 to 6.98, relating to navigators, nonnavigator assisters, and related entities and affecting small business.
The statement of scope for this rule SS
078-13, was approved by the Governor on July 1, 2013, published in
Register No. 691, on July 15, 2013, and approved by the Commissioner on July 26, 2013. This emergency rule was approved by the Governor on August 30, 2013.
Finding of Emergency
In accordance with s.
623.98, Stats., the commissioner may promulgate rules under ss.
227.24 (1) (a) and
(3), Stats., without providing evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare and without a finding of emergency. The commissioner intends to publish the proposed rule sufficiently in advance of October 1, 2013 to permit proper licensing, certification, and training of navigators and nonnavigator assisters and to permit proper registration of navigator and nonnavigator assister entities. The commissioner intends to promulgate permanent rules close in time to the emergency rules so not to create a gap in requirements.
Filed with LRB:
September 5, 2013
Publication Date:
September 10, 2013
Effective Dates:
September 10, 2013 through
February 6, 2014
Hearing Date:
September 27, 2013
Natural Resources (5)
Fish, Game, etc., Chs.
NR 1—
1. EmR1210 (DNR # WM-09-12(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections NR 10.001 (25c), 10.02 (1), 10.06 (5) and (8) (intro.), 10.07 (2) (b) 2., 10.07 (2m) (intro.) and (e) (intro.), 10.07 (2m) (f) (intro.), 10.09 (1), 10.13 (1) (b) 9., 10.13 (1) (b) 15., 10.13 (1) (b) 16., 10.145 (intro), 10.145 (3) to (8), 12.10 (intro.), 12.10 (1) (a) 4., 12.10 (1) (b) 2., 12.15 (13) and 19.25 and to create
sections NR 10.001 (22q), 10.001 (23a), 10.001 (23am), 10.001 (23b), 10.001 (26g), 10.001 (33), 10.01 (3) (j), 10.07 (1) (m), 10.07 (2m) (em), 10.07 (2m) (g) 3., NR 10.07 (4), 10.13 (1) (b) 15m., 10.13 (1) (b) 18., 10.145 (1m), (1u) and Note, sections NR 10.16 (5), 10.295, 12.15 (11) (e), 12.60 to 12.63, 12.64 (1) (a) and (b) (intro.) 1., 12.64 (1) (b) 2. and 3., 12.64 (1) (b) 4. and 5., 12.64 (2) (a) to (c), 12.64 (2) (d), 12.64 (3) and 12.65, relating to the wolf hunting and trapping season and regulations and a depredation program.
This emergency rule was approved by the Governor on August 10, 2010.
The statement of scope for this rule, SS
023-12, was approved by the Governor on April 12, 2012, published in
Register No. 676, on April 30, 2012, and approved by the Natural Resources Board on May 23, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
August 15, 2012
Publication Date:
August 18, 2012
Effective Dates:
August 18, 2012 through the
date on which the permanent rules take effect, as provided in
2011 Wisconsin Act 169, section
21.
2. EmR1215 (DNR # WM-16-12(E))
— The Wisconsin Natural Resources Board proposes an order to repeal and recreate
section NR 10.01 (3) (h) 1., relating to the coyote hunting season.
This emergency rule was approved by the Governor on August 30, 2012.
The statement of scope for this rule, SS
038-12, was approved by the Governor on May 29, 2012, published in
Register No. 678, on June 14, 2012, and approved by the Natural Resources Board on June 27, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
September 14, 2012
Publication Date:
October 1, 2012
Effective Dates:
October 1, 2012 through the date on which the permanent rules take effect, as provided in
2011 Wisconsin Act 169, section
21.
This emergency rule was approved by the Governor on August 30, 2103.
The statement of scope for this rule, SS
018-13, was approved by the Governor on February 18, 2013, published in
Register No. 687, on March 14, 2013, and approved by the Natural Resources Board on April 24, 2013.
Statutory Authority
The chapter on wild animals and plants, in s.
29.014, Stats., “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting. Additional statutory authority is found in ss.
23.11,
29.192 and
29.041, Stats. The emergency rule making process is established in s.
227.24, Stats.
Filed with LRB:
September 4, 2013
Publication Date:
September 6, 2013
Effective Dates:
September 6, 2013 through
February 2, 2014
Hearing Date:
October 28, 2013
4. EmR1319 (DNR # WM-22-13(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections NR 10.275 (intro.) and 45.09 (1) and to create
sections NR 10.13 (Note) and 10.275, relating to hunting and trapping in state parks.
This rule was approved by the Governor on October 31, 2013.
The statement of scope for this emergency rule, SS
083-13, was approved by the Governor on July 15, 2013, published in
Register No. 691 on July 31, 2013 and approved by the Natural Resources Board on August 14, 2013.
Finding of Emergency
The department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to protect the public safety and welfare. By restricting gun and archery hunting to certain areas, and trapping to certain areas and methods, this rule will prevent those activities in locations where they may jeopardize the safety and welfare of visitors to the Wisconsin State Park System.
Filed with LRB:
November 7, 2013
Publication Date:
November 15, 2013
Effective Dates:
November 15, 2013 through
April 13, 2014
5. EmR1320 (DNR # FH-27-13(E)) — The Wisconsin Natural Resources Board proposes an order to create
Chapter NR 85, relating to development of a competitive grant program for cities, villages, towns, counties, federally recognized Indian tribes or bands located in this state, and fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
This rule was approved by the Governor on November 8, 2013.
The statement of scope for this emergency rule, SS
104-13, was approved by the Governor on August 12, 2013, published in
Register No. 692 on September 1, 2013 (August 31, 2013), and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency — Exemption
2013 Wisconsin Act 20, the 2013-15 state budget, included the following nonstatutory language: The department of natural resources may promulgate emergency rules under section
227.24 of the statutes implementing sections
29.739 and
29.740 of the statutes, as created by this act. Notwithstanding section
227.24 (1) (c) and
(2) of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide evidence that promulgating this 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 under this subsection.
Filed with LRB:
November 14, 2013
Publication Date:
November 21, 2013
Effective Dates:
November 21, 2013 through June 30, 2016, or the date on which permanent rules take effect, whichever is sooner.
Hearing Date:
December 12, 2013 and
December 19, 2013
Public Instruction
EmR1324 — The State Superintendent of Public Instruction hereby proposes to amend
sections PI 5.02 (6) and (11m), 5.035 (6), and 5.04, relating to high school equivalency diplomas and certificates of general educational development.
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
The scope statement for this rule, SS
093-13, was published in
Register No. 692, on August 14, 2013, and approved by State Superintendent Tony Evers on August 27, 2013.
Finding of Emergency
The Department of Public Instruction 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 the facts constituting the emergency is:
The number of subtests and the passing scores for the General Educational Development (GED) Test will be changing in January 2014 when a new test is implemented by the GED Testing Service.
Unless the rule is changed to reflect these new subtests and passing scores, the Department may be prevented from issuing credentials for test takers who pass the GED Test because the required passing scores will be incorrect.
Filed with LRB:
December 27, 2013
Publication Date:
December 27, 2013
Effective Dates:
December 27, 2013 through May 25, 2014
Revenue
EmR1323 — The Wisconsin Department of Revenue hereby adopts an emergency rule interpreting s.
77.58 (1) (a) and
(5), Stats., and amending
section Tax 11.93, relating to sales tax filing frequency.
This emergency rule was approved by the Governor on November 15, 2013.
The scope statement for this rule, SS
100-13, was approved by the Governor on August 2, 2013, published in
Register No. 692 on August 31, 2013, and approved by the Secretary of Revenue on September 10, 2013.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Section
77.58 (1), Stats., provides that retailers must file sales tax returns quarterly, except as provided in s.
77.58 (1) (a) and
(b), Stats., which allows for sales tax returns to be filed monthly.
Section
77.58 (5), Stats., provides that the department may require returns and payments on the amount of taxes for other than a quarterly period if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes. The department has provided for annual sales tax returns by rule in s.
Tax 11.93 (1) for retailers that have an annual tax liability of $300 or less.
Because
2013 Wis. Act 20 doubles the threshold upon which a monthly sales tax return is required to be filed ($600 to $1200), s.
Tax 11.93 (1) should also be changed to reflect a similar increase in the threshold upon which an annual sales tax return can be filed.
As the statutory change to the monthly filing standard goes into effect on January 1, 2014, the corresponding change to the annual filing standard in s.
Tax 11.93 (1) should also go into effect on January 1, 2014. There is insufficient time for the permanent rule to be effective on January 1, 2014.
Filed with LRB:
December 19, 2013
Publication Date:
January 1, 2014
Effective Dates:
January 1, 2014 through May 30, 2014
Hearing Date:
January 27, 2014
Safety and Professional Services (2)
Professional Services, Chs.
SPS 1—299
This emergency rule was approved by the Governor on May 20, 2013.
The statement of scope for this rule, SS
012-13, was approved by the Governor on January 28, 2013, published in
Register No. 686 on February 14, 2013, and approved by the Department of Safety and Professional Services on February 28, 2013.
Finding of Emergency
The Department of Safety and Professional Services finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows:
Title XI of the Federal Financial Institutions Reform and Recovery Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s.
SPS 81.04 is not in compliance with the federal legislation. The Code must be brought into compliance by July 1, 2013. At that time, the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated “out of compliance," then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
Filed with LRB:
June 12, 2013
Publication Date:
June 18, 2013
Effective Dates:
June 18, 2013 through November 14, 2013
Extension Through:
January 13, 2014
2. EmR1308 — The Wisconsin Department of Safety and Professional Services adopts an order to create
section SPS 34.04 (2) (a) 4.,
relating to training of firearms instructors for private security personnel, private detectives, and private investigators or special investigators, and affecting small business.
This emergency rule was approved by the Governor on May 29, 2013.
The statement of scope for this rule, SS
080-12, was approved by the Governor on October 2, 2012, published in
Register No. 682 on October 31, 2012, and approved by the Department of Safety and Professional Services on December 4, 2012.
Finding of Emergency
The Department of Safety and Professional Services (DSPS) finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows.
Under section
SPS 34.02 (1), private security personnel, private detectives, and private investigators or special investigators, who are seeking a firearms permit from the Department must obtain a certificate of firearms proficiency. Section
SPS 34.02 (2) mandates that the certification be received from a Department-approved firearms-proficiency certifier pursuant to section
SPS 34.04.
Section
SPS 34.04 currently accepts only those certifier applicants who have received training as a police or security firearms instructor and who have either (1) current approval as a firearms instructor by the Wisconsin Law Enforcement Standards Board (LESB); (2) current certification as a law enforcement firearms instructor by the National Rifle Association, Inc., (NRA) or; (3) approval on or after January 1, 1995, as a firearms instructor by the LESB or NRA and have completed a refresher course presented by a regional training school approved by the LESB or the NRA.
Due to enactment of
2011 Wisconsin Act 35 (commonly referred to as the concealed carry law), which became effective on November 1, 2011, there is a greater need for additional entities who can provide training and approve applicants as firearms proficiency certifiers. Section
175.60 (4) of the Statutes currently allows technical colleges, colleges, and universities to provide this training for concealed-carry purposes. No such provision is made as it relates to private security personnel, private detectives, and private investigators or special investigators, for carrying a weapon openly. Moreover, the training needed for DSPS firearms certifiers differs significantly from that needed and provided by the LESB curriculum and under
2011 Act 35. To that end, a new standard needs to be developed and implemented, separate and distinct from the LESB standards. Because the need to approve applicants for firearm proficiency certifiers is immediate and pressing, emergency rules are warranted.
Filed with LRB:
June 13, 2013
Publication Date:
June 13, 2013
Effective Dates:
June 13, 2013 through November 9, 2013
Hearing Date:
August 6, 2013
Extension Through:
January 8, 2014
Safety and Professional Services —
Controlled Substances Board
EmR1318 — The Controlled Substances Board adopts an order to create
section CSB 2.36, relating to scheduling controlled substances.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this rule, SS
062-13, was approved by the Governor on May 29, 2013, published in
Register 690 on June 15, 2013, and approved by the Controlled Substances Board on July 15, 2013.
Finding of Emergency
The Controlled Substances Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Brown County District Attorney's office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning a controlled substance analog. UR-144, XLR-11, and AKB48 are pharmacologically similar to Schedule I substances THC and JWH-018. By sharing pharmacological similarities with the Schedule I substances, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. UR-144, XLR-11, and AKB48 are being marketed as “legal" alternatives to marijuana. This characterization (and the reputation as potent herbal intoxicants) has increased their popularity and prevalence.
The Controlled Substances Board finds that scheduling of UR-144, XLR-11, and AKB48 on an emergency basis is necessary to avoid an imminent hazard to public safety. The substances are not included in any other schedule and no exemption or approval is in effect for the substance under
21 USC 355.
On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.
Filed with LRB:
October 17, 2013
Publication Date:
October 13, 2013
Effective Dates:
October 13, 2013 through October 12, 2014
Hearing Date:
November 11, 2013
Workforce Development
EmR1316 — The Wisconsin Department of Workforce Development hereby adopts an order to repeal
sections DWD 126.02 (2), (3), and (4), 126.03 (1), 126.04, 126.05, 127.01 (2) (b), (f) to (i), and (3), 127.02 (intro.), (1), (2), (3), and (4), 127.02 (5) and (10), and 127.08; to renumber and amend
section DWD 126.02 (1); to amend
sections DWD 126.01, 126.03 (intro.) and (2), 127 (title), 127.01 (1), (2) (intro.), (a), (c), and (d), 127.02 (7), (9), and (11), 127.04 (title), (1), and (2), 127.05, 127.06 (1), (2), and (3), 127.07 (title) and (1), 128.01 (2) (a), and 129.01 (1) and (2); to repeal and recreate
sections DWD 127.01 (2) (j) and 127.07 (2); and to create
sections DWD 126.02 (Note), 126.03 (3), (4), (5), (6), and (7), 127.01 (2) (em), 127.02 (12), 127.04 (1m) (e), and 127.06 (1) (c), relating to unemployment insurance work registration, work search, and benefit claiming procedures.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this emergency rule, SS
106-13, was approved by the Governor on August 14, 2013, published in
Register No. 692 on August 31, 2013, and approved by the Secretary of Workforce Development on September 11, 2013.
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 welfare. Statements of the facts constituting the emergency are:
(1)
In order to fulfill the new statutory directives to require claimants for unemployment insurance benefits to increase their number of weekly work search actions from two to at least four;
(2) In order to simplify the process and compliance with respect to requirements for unemployment insurance claimants to register for work;
(3) In order to execute the new statutory requirement to request additional information from claimants;
(4) In order to improve the unemployment insurance trust fund balance and thereby relieve employers of the burden of additional taxation;
(5) In order to better assist unemployment insurance benefit claimants to obtain gainful employment; and,
(6)
In order to promote the improvement in the Wisconsin economy as a result of the immediate implementation of legislative directives with respect to the unemployment insurance program contained in
2013 Wisconsin Act 20 and
2013 Wisconsin Act 36.
Filed with LRB:
September 25, 2013
Publication Date:
September 29, 2013
Effective Dates:
September 29, 2013 through February 25, 2014, except that changes to ss.
DWD 126.03 and
127.02 take effect after the Secretary determines the Department has the technological ability to implement the changes.
Hearing Date:
November 4, 2013
Workforce Development
EmR1317 — The Wisconsin Department of Workforce Development hereby adopts an order to create
Chapter DWD 801, relating to workforce training grants under the Wisconsin Fast Forward program.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this rule, SS
109-13, was approved by the Governor on August 15, 2013, published in
Register No. 692 on August 31, 2013, and approved by the Department of Workforce Development on September 11, 2013.
Finding of Emergency
The Department of Workforce Development (DWD) finds that an emergency exists and emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. The reason for the emergency is:
DWD proposes to create new rules in Chapter
DWD 801 to implement the program of workforce training grants enacted by
2013 Wisconsin Act 9. DWD held a public hearing on the permanent rule for this new program on July 15, 2013, and has made revisions to the text of the proposed permanent rule in response to the comments received. It would now benefit the public welfare to proceed with the rules in emergency form so that the program can begin this fall.
Filed with LRB:
September 25, 2013
Publication Date:
September 29, 2013
Effective Dates:
October 1, 2013 through February 27, 2014
Hearing Date:
November 5, 2013
