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
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
emergency_rules EmR1325
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
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)
emergency_rules EmR1306
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:
March 8, 2014
emergency_rules EmR1314
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 (6)
Fish, Game, etc., Chs.
NR 1—
emergency_rules EmR1210
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.
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
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
