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.
Agriculture, Trade & Consumer Protection (2)
1.
Rules adopted creating
ch. ATCP 112, relating to credit report security freezes.
Finding of Emergency
(1) The Wisconsin department of agriculture, trade and consumer protection (“DATCP") will administer s.
100.54, Stats. as of January 1, 2007. DATCP is required under s.
100.54 (12), Stats. to adopt rules related to identification required of consumers requesting credit report security freezes.
(2) As of January 1, 2007, s.
100.54, Stats. will be in effect, however without an emergency rule the statute will be unclear regarding what constitutes proper identification for purposes of creating a security freeze, temporarily releasing a security freeze or permanently removing a security freeze from a consumer credit report.
(3) DATCP is adopting this emergency rule for the sole purpose of allowing consumers to clearly place a security freeze on their consumer credit report while the permanent rulemaking process is completed.
Publication Date:
January 19, 2007
Effective Date:
January 19, 2007
Expiration Date:
June 18, 2007
Hearing Date:
February 12, 2007
2.
Rules adopted creating
s. ATCP 21.20, relating to voluntary certification of firewood dealers.
Finding of Emergency
(1) The Wisconsin department of natural resources (“DNR") has adopted rules, under s.
NR 45.04 (1) (g), to restrict the movement of firewood into Wisconsin state parks. The DNR rules are designed to prevent the spread of exotic pests, such as Emerald Ash Borer, that may inhabit firewood. The DNR rules prohibit the possession of firewood in a state park unless the firewood comes from within 50 miles from the park, or from a more distant source approved by the Department of Agriculture, Trade and Consumer Protection (“DATCP").
(2) The DNR rules effectively prohibit a firewood dealer located more than 50 miles from a state park from supplying firewood to that state park, except as authorized by DATCP. That prohibition may work a substantial hardship on firewood dealers who normally supply significant quantities of firewood to parks located more than 50 miles away.
(3) This rule creates a voluntary certification program for firewood dealers who obtain their wood from Wisconsin and agree to treat the wood for potential pests such as Emerald Ash Borer. Certified firewood dealers may supply firewood to Wisconsin state parks, even though they are located more than 50 miles from those parks.
(4) DATCP is adopting this rule as a temporary emergency rule, pending completion of “permanent" rulemaking proceedings. DATCP cannot complete permanent rules in time for the 2007 camping season. Without this emergency rule, certain firewood dealers may experience unnecessary financial hardship during the 2007 camping season, because they will be precluded from supplying firewood to state parks more than 50 miles away. This emergency rule allows those firewood dealers to continue supplying firewood to more distant state parks, subject to sourcing and treatment requirements that are reasonably designed to prevent the spread of serious exotic pests.
Publication Date:
May 23, 2007
Effective Date:
May 23, 2007
Expiration Date:
September 20, 2007
Commerce
(Financial Resources for Businesses and Communities, Chs.
Comm 104-
131)
Rules adopted creating
ch. Comm 135, relating to tax credits and exemptions for internet equipment used in the broadband market.
Exemption From Finding of Emergency
These rules establish the criteria for administering a program that will (1) certify businesses as temporarily eligible for tax credits and exemptions for Internet equipment used in the broadband market, and (2) allocate up to $7,500,000 to these businesses for these tax credits and exemptions.
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. In accordance with section
17 (1) (d) of
2005 Wisconsin Act 479, this rule will remain in effect until January 1, 2008, or until the Department reports its certifications and determinations under this rule to the Department of Revenue, whichever is sooner.
The rules specify who is eligible for the income and franchise tax credits and the sales and use tax exemptions in this program, for Internet equipment used in the broadband market. Eligible equipment is also specified, along with how to apply for the certifications and allocations. Parameters for allocating the authorized total of $7,500,000 are likewise specified. These parameters emphasize (1) efficiently initiating broadband Internet service in areas of Wisconsin that otherwise are not expected to soon receive this service, and (2) encouraging economic or community development. The rule chapter also describes the time-specific legislative oversight that is established in
2005 Act 479 for these allocations, and describes the follow-up reports that the Act requires from every person who receives a sales or use tax exemption under this chapter.
Publication Date:
February 20, 2007
Effective Date:
February 20, 2007
Hearing Date:
March 26, 2007
Dentistry Examining Board
Rules were adopted amending
ch. DE 11, relating to better identifying the different levels of anesthesia, including nitrous oxide, anxiolysis, conscious sedation-enteral, conscious sedation-parenteral, deep sedation, and general anesthesia, and the requirements for each level.
Finding of Emergency
The board finds that failure to delay the effective date of
CR04-095, from January 1, 2007, to July 1, 2007, will create a danger to the public health, safety and welfare. The extra six months are needed to allow the implementation of the rule to occur and to ensure the continued use of conscious sedation for dental patients.
Publication Date:
December 21, 2006
Effective Date:
December 29, 2006
Expiration Date:
May 28, 2007
Hearing Date:
January 31, 2007
Elections Board
Rules adopted creating s. ElBd 3.50, relating to pricing of voter information available from the Statewide Voter Registration System.
Exemption From Finding of Emergency
The Elections Board finds that under Section 180 of the non-statutory provisions of
2005 Wisconsin Act 451, in subsection (4), the Elections Board may promulgate emergency rules under s.
227.24, Stats., implementing s.
6.36 (6), Stats., as created by Wisconsin Act 451. Notwithstanding s.
227.24 (1) (c) and
(2), Stats., emergency rules promulgated under subsection (4) remain in effect until the date on which permanent rules take effect. Notwithstanding s.
227.24 (1) (a) and
(3), Stats., the Elections Board is not required to provide evidence that promulgating a rule under subsection (4) as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under subsection (4).
This amended rule interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats. The rule requires that persons who request copies of information from the Statewide Voter registration System must pay, for each such copy, a charge calculated under the provisions of the rule.
At the present time, the Elections Board is limited, in the fee that it can charge for information provided by the Statewide Voter registration System, to the fee set by s.
19.35 (3), Stats.: “the actual, necessary, and direct cost of reproduction and transcription of the record." In order to recover both the cost of reproduction and the cost of maintaining the list at the state and local level, rather than having its charge be limited to the amount currently provided under the public records law, the Board needs an immediate rule reflecting both cost components required by the new statute.
Publication Date:
May 12, 2007
Effective Date:
May 12, 2007
Hearing Date:
June 11, 2007
Health and Family Services
(Community Services, Chs.
HFS 30—)
Rules adopted revising
ch. HFS 51, relating to the adoption of children to include preadoption training requirements that will apply to private adoptions, international adoption, and adoptions of children with special needs and affecting small businesses.
Finding of Emergency
