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.
Administration
Rules adopted revising
ch. Adm 10, relating to cost benefit analyses of contractural services.
Exemption from Finding of Emergency
Section
8(2) of
2005 Wisconsin Act 89 requires the Department of Administration to promulgate rules required under ss.
16.004 (1),
16.705 (2) and
227.11 Stats., by using the emergency rulemaking procedure under s.
227.24, Stats., except that the department is not required to provide evidence that the emergency rule is necessary for the preservation of public peace, health, safety or welfare and is not required to provide a finding of emergency.
Plain language analysis
The department intends to promulgate a rule as required by Act 89 to require a cost-benefit analysis to be completed for each bid or request for proposal to compare the cost of contracting for services versus providing the services with state employees.
Currently, all state agencies and UW System campuses may contract for services between $25,000 and $200,000 if they can show that the services can be performed more economically or efficiently by such a contract than by state employees. Currently, if the contractual services would be greater than $200,000, the contracting agency must complete a more rigorous and detailed cost/benefit analysis to demonstrate that the services can be performed more economically or efficiently by such a contract than by state employees. This more rigorous and detailed analysis includes total cost, quality and nature of services required, specialized skills, time factors, risk factors and legal barriers. Act 89 requires agencies to conduct uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 in accordance with standards prescribed in the rules. Cost benefit-analysis is defined to include total cost, quality, technical expertise and timeliness of a service.
Act 89 also requires agencies to review periodically, and before any renewal, the continued appropriateness of contracting under each services agreement involving an estimated expenditure of more than $25,000. Act 89 requires the department to complete an annual summary report of the cost benefit-analysis prepared by state agencies in the preceding fiscal year and recommendations for elimination of unneeded contractual service procurements and for the consolidation or resolicitation of existing contractual service procurements.
Publication Date:
July 1, 2006
Effective Date:
July 1, 2006
Hearing Date: August 11, 2006
Agriculture, Trade & Consumer Protection (2)
1.
Rules adopted revising
chs. ATCP 10 and 11, relating to a poultry flock certification program.
Finding of Emergency
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's animal health and disease control programs, including the national poultry improvement program (NPIP). The NPIP is designed to prevent the spread of
Salmonella pullorum, fowl typhoid and, in the case of turkeys,
Mycoplasma gallispepticum. NPIP is governed by
9 CFR 145 and
147. NPIP enrollment is voluntary, but non-enrolled flocks are subject to certain movement restrictions.
(2) Current DATCP rules prohibit the import, use, sale or movement of poultry, farm-raised game birds or their eggs for breeding or hatching unless they originate from flocks that are enrolled in NPIP and meet NPIP standards. Current DATCP rules also prohibit the exhibition of poultry or farm-raised game birds at a fair, exhibition or swap meet unless they originate from an NPIP “pullorum-typhoid clean" or equivalent flock, or are individually tested for pullorum-typhoid.
(3) NPIP is primarily designed for large commercial flocks that move birds or eggs in interstate commerce. NPIP requires yearly testing of all sexually mature birds, and routine inspections. Fees for enrollment in the program differ based on flock size and purpose, and range from $20 to $200. NPIP enrollment and testing may be cost-prohibitive for small flocks. Current rules restrict market access and exhibition by small producers of poultry and farm-raised game birds, and impose an unnecessary burden on those producers. Some small producers may be tempted to ignore or subvert current rules, in order to market or exhibit their poultry or farm-raised game birds. That may, in turn, create unnecessary risks of disease.
(4) It is urgently necessary to provide alternative disease monitoring options for small producers of poultry and farm-raised game birds, so that those producers can legally and economically move, market and exhibit their birds. The current lack of alternatives creates an unnecessary economic hardship, and an unnecessary risk of disease spread.
(5) DATCP has proposed rules which would create practical disease monitoring alternatives for small producers of poultry and farm-raised game birds. DATCP is proceeding to adopt those rules by normal rulemaking procedures. However, normal rulemaking procedures require at least a year to complete. A temporary emergency rule is needed to eliminate unnecessary hardship and risk in the short term, and to provide practical and effective disease monitoring for this year's fair and exhibition season.
Publication Date:
March 3, 2006
Effective Date:
March 3, 2006
Expiration Date:
July 31, 2006
Hearing Date: March 31, 2006
Extension Through:
September 28, 2006
2.
Rules adopted revising
ch. ATCP 136, relating to mobile air conditioners; reclaiming or recycling refrigerant.
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers s.
100.45, Stats. DATCP has adopted rules under ch.
ATCP 136 to implement s.
100.45, Stats. The current rules regulate the sale and installation of mobile air conditioner refrigerants, including “substitute refrigerants" such as R 134A. Among other things, the current rules prohibit the sale of mobile air conditioner refrigerants in containers holding less than 15 lbs. of refrigerant.
(2) On June 28, 2006, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) voted to suspend all current state rules related to the installation and sale of “substitute refrigerants" of any kind. This broad exemption will become effective on July 7, 2006 unless by that date DATCP adopts a narrower alternative exemption by emergency rule. The narrower exemption specified by JCRAR would apply only to the sale of the “substitute refrigerant" R 134A. The exemption would allow the sale of R 134A to the general public in “do-it-yourself" containers holding less than 15 lbs.
(3) DATCP is adopting this emergency rule for the sole purpose of preventing a broader JCRAR suspension of rules that currently prevent the release of mobile air conditioner refrigerant into the environment.
Publication Date:
July 12, 2006
Effective Date:
July 12, 2006
Expiration Date:
December 9, 2006
Hearing Date: August 15, 2006
Commerce
(Financial Resources for Businesses and Communities, Chs.
Comm 105 to
131)
Rule adopted creating
ch. Comm 131, relating to diesel truck idling reduction grants.
Exemption from Finding of Emergency
The legislature by Section 9108 (1w) in
2005 Wisconsin Act 25, provides an exemption from a finding of emergency for the adoption of this rule.
The rules specify who is eligible for receiving a grant in this program for purchasing and installing diesel truck idling reduction equipment. Eligible costs are also specified, along with how to apply for the grants. Parameters for awarding the grants are likewise specified. These parameters include (1) disallowing grants to any applicant who is failing to comply with any conditions imposed on any previous grant received in this program; and (2) alerting applicants that the Department may (a) refuse to award grants for idling reduction equipment on truck tractors that do not have a sleeper berth, (b) annually allocate up to 25 percent of the grant funding to applicants who
own and operate 50 or fewer truck tractors, and (c) set deadlines for submitting applications, and then prorate the awards to the applicants if the total funding requested in the applications exceeds the available revenue.
Publication Date:
June 30, 2006
Effective Date:
July 1, 2006
Expiration Date:
November 28, 2006
Hearing Date: July 25, 2006
Corrections
A rule was adopted creating
s. DOC 332.19, relating to a sex offender registration fee.
Finding of Emergency
The department of corrections finds that an emergency exists and that rules are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is: Under
2005 WI Act 25, the legislature authorized the department to establish a sex offender registration fee. If the rule is not created promptly and immediately, the department will not be able to collect the fees which are to be used to offset the costs of monitoring probationers, parolees, or persons on extended supervision, which could result in a lessening of supervision due to budget limitations.
The purpose of the emergency rule is to establish an annual sex offender registration fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the collection of fees while permanent rules are being developed.
Publication Date:
June 8, 2006
Effective Date:
June 8, 2006
Expiration Date:
November 5, 2006
