(5) Because VHS has now been found in waters of the state, it is necessary to expand current VHS testing requirements. Because of the urgent need to minimize the spread of VHS in this state, it is necessary to adopt VHS testing requirements by emergency rule, pending the adoption of a “permanent" rule.
Disease-Free Herd Certification of
Farm-Raised Deer Herds
(6) DATCP registers farm-raised deer herds in this state. DATCP also regulates the import, movement and disease testing of farm-raised deer. Under current DATCP rules, DATCP may certify a farm-raised deer herd as brucellosis-free or tuberculosis-free, or both, based on herd test results provided by the farm-raised deer keeper. Certification is voluntary, but facilitates sale and movement of farm-raised deer.
(7) Under current rules, a tuberculosis-free herd certification is good for 3 years, but a brucellosis-free herd certification is good for only 2 years. There is no compelling veterinary medical reason for the difference. A rule change (extending the brucellosis-free certification term from 2 to 3 years) is needed to harmonize the certification terms, so that farm-raised deer keepers can conduct simultaneous tests for both diseases. Simultaneous testing will reduce testing costs and limit stress on tested deer. An emergency rule is needed to avoid some unnecessary costs for farm-raised deer keepers this year, pending the adoption of permanent rules.
Publication Date:
July 9, 2008
Effective Date:
July 9, 2008
Expiration Date:
December 6, 2008
Hearing Date:
August 1, 2008
Children and Families (2)
(Formerly Workforce Development)
Finding of Emergency
The Department of Workforce Development 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:
The Department implemented the child care enrollment underutilization emergency rule as a cost-saving measure effective March 30, 2008.
2007 Wisconsin Act 226 provides $18.6 million to address the fiscal year 2007-08 Wisconsin Shares funding shortfall. The Governor's veto message directs the Department of Workforce Development to “suspend the current attendance-based rule for the remainder of fiscal year 2007-08." The Department is repealing the enrollment underutilization emergency rule and will be withdrawing the corresponding proposed permanent rule.
Publication Date:
May 25, 2008
Effective Date:
May 25, 2008
Expiration Date:
October 22, 2008
Hearing Date:
June 27, 2008
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 peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The federal Office of Child Support Enforcement (OCSE) has notified Wisconsin that OCSE will not certify the state's request for federal income tax refund offset for birth cost orders that have not been set in accordance with the child support guidelines in Chapter
DWD 40, which take into consideration the payer's ability to pay.
Federal income tax refund offset is one of the primary tools for collection of birth cost orders owed to the State of Wisconsin. In calendar year 2007, the child support program collected $11,481,000 in birth costs through federal income tax refund offset. Of the nearly $11.5 million collected, approximately $6.62 million was returned to the federal government to reimburse Medicaid costs, $1.72 million was used by county child support agency programs to benefit children in the state, and the remaining $3.14 million was returned to the state Medicaid program.
Publication Date:
June 27, 2008
Effective Date:
June 27, 2008
Expiration Date:
November 24, 2008
Hearing Date:
July 29, 2008
Commerce
Exemption From Finding of Emergency
Under the nonstatutory provisions of
2007 Wisconsin Act 205, the Department of Commerce is directed to issue emergency rules that implement provisions of the Act. The Act specifically states: “Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, neither the department of commerce or the department of health services is required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rules promulgated under this subsection."
The Act mandates the installation and maintenance of carbon monoxide alarms in buildings accommodating certain types of residential occupancies and within which fuel burning appliances are located. Residential occupancies include tourist rooming houses, bed and breakfast establishments, and any public building that is used for sleeping or lodging, such as, hotels, motels, condominiums, apartment buildings, dormitories, fraternities, sororities, convents, seminaries, community based residential facilities, home shelters, but not hospitals and nursing homes. The Act requires the installation of carbon monoxide alarms in new buildings as of October 1, 2008. The owners of existing buildings will have until April 1, 2010 to install the carbon monoxide alarms. The Act also provides for the omission of carbon monoxide alarms in certain instances which are further clarified by the administrative rules.
Publication Date:
September 10, 2008
Effective Date:
October 1, 2008
Expiration Date:
February 28, 2009
Hearing Date:
October 14, 2008
Commerce (2)
Financial Resources for Businesses and Communities, Chs.
Comm 104-
135
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of the rule included in this order is necessary for the immediate preservation of public health, safety, and welfare. The facts constituting the emergency are as follows.
Currently under sections
Comm 108.06,
108.07, and
108.22 of the Wisconsin Administrative Code, as promulgated under sections
560.04,
560.045, and
560.9809 of the Statutes, the Department may annually use up to 5 percent of its federal Community Development Block Grant (CDBG) funds to repair or replace public infrastructure or facilities, or for emergency services necessitated by a natural disaster or catastrophic event. Also under sections
Comm 108.07 and
108.22, the maximum amount of CDBG funds that the Department can award to any local government for a natural disaster or catastrophic event is $500,000.
Currently under section
Comm 154.06, as promulgated under sections
560.02 (4) and
560.9809 (2) of the Statutes, the Department may annually use up to $2,000,000 of CDGB funds to address emergency housing needs caused by natural disasters or catastrophic events.
Because of the unprecedented levels of damage to public infrastructure and facilities from the severe storms and widespread flooding that occurred throughout the State in June 2008, the need for emergency assistance to communities far exceeds the $1.35 Million of CDBG funding that results from the above 5-percent limit, and the need for emergency housing assistance for low and moderate income households far exceeds the above $2,000,000. Communities and households in 28 of the 30 counties where the Governor has declared a state of emergency are eligible for this CDBG program assistance.
This emergency rule repeals the above limits of 5 percent, $500,000 and $2,000,000. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.
Publication Date:
July 16, 2008
Effective Date:
July 16, 2008
Expiration Date:
December 16, 2008
Hearing Date:
August 27, 2008
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of the rule included in this order is necessary for the immediate preservation of public welfare.
The facts constituting the emergency are as follows. Because of widespread disruption of the housing markets, Congress has enacted the Housing and Economic Recovery Act of 2008 (the “Act"), which contains various relief measures relating to housing. Section 3021 of the Act creates a special one-time additional allocation of volume cap for calendar year 2008, to be used for the issuance of single-family housing bonds and multifamily housing bonds no later than December 31, 2010.
Under section
560.032 of the Statutes, the Department of Commerce is charged with allocating to Wisconsin issuers the private activity bond volume cap allocated to Wisconsin under the Internal Revenue Code of 1986,
26 USC 146. This emergency rule is necessary to implement the special allocation of volume cap under the Act, as described above.
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 and filing with the Legislative Reference Bureau.
Publication Date:
September 27, 2008
Effective Date:
September 27, 2008
Expiration Date:
February 24, 2009
Hearing Date:
October 27, 2008
Corrections
emergency_rules EmR0812
EmR0812 - Rules adopted revising
s. DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons who are required to register as sex offenders.
Finding of Emergency
The department of corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
2007 WI Act 20, section
3132, amended s.
301.45 (10), Stats., in three ways which requires an immediate amendment of s.
DOC 332.19.
First, the newly amended s.
301.45 (10), Stats., expands the persons whom the department of corrections may require to pay an annual sex offender registration fee. Previously, the department was limited to assessing the fee only against those persons who were required to register and who were in its custody or under its supervision as a person on probation, parole, or extended supervision. The new law permits the department to require all persons who are required to register as a sex offender to pay an annual fee.
Second, the new law limits the use of the collected sex offender fees to partially offset the costs of monitoring sex offenders. Previously, the department was authorized to use the collected fees to partially offset the costs of monitoring those persons on probation, parole, or extended supervision, regardless of whether they were required to register as sex offenders.
Third, the legislature increased the maximum annual rate from $50 to $100. If the rule is not amended promptly and immediately, the department will not be able to collect the fees which are to be used to offset the costs of monitoring persons who are required to register as sex offenders. This could result in a lessening of supervision due to budget limitations.
The purpose of the emergency rule is to amend the current rule to require all persons who are required to register as sex offenders under s.
301.45 to pay the annual fee which is used to partially offset the costs of monitoring registrants. The emergency rule also increases the annual rate to $100. 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:
May 15, 2008
Effective Date:
May 15, 2008
Expiration Date:
October 12, 2008
Hearing Date:
July 24, 2008
Financial Institutions - Securities
Finding of Emergency
The Division of Securities of the Department of Financial Institutions for the State of Wisconsin finds that an emergency exists and that the rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency follows:
The Division is taking immediate, emergency-rule action to protect seniors in Wisconsin from being misled through the use by securities licensees of designations and credentials that imply or represent that a person has special expertise, certification, or training in financial planning for seniors, but where such designations and/or credentials are either non-existent or do not involve significant education, testing, training or experience, and in reality are marketing ploys.
Publication Date:
September 15, 2008
Effective Date:
September 15, 2008
Expiration Date:
February 12, 2009
Government Accountability Board
emergency_rules EmR0830
EmR0830 - Rules adopted repealing and recreating
Chapter GAB 4, relating to observers at a polling place or other location where votes are being cast, counted or recounted.
Finding of Emergency
Pursuant to section
227.24, Stats., the Government Accountability Board finds that an emergency exists in the Board's May 5, 2008 decision to decline to reaffirm the administrative rule section ElBd 4.01 because the rule was inconsistent with the requirements of its enabling statute, s.
7.41, Stats. The statute states that any member of the public is allowed to be present at the polls on Election Day to observe; however, it does not specify standards of conduct they must abide by.
The Board further finds that given the intense interest in the fall election, the expected high turnout, the increasing use of observers in the polling place, and the comments of municipal and county clerks regarding the obstacles observers can pose to the orderly conduct of elections, it is necessary to codify standards to regulate the observers' conduct and that the attached rule governing observer conduct must be adopted prior to the fall elections to ensure the public peace and safety with respect to the administration of the fall elections.
Publication Date:
September 26, 2008
Effective Date:
September 26, 2008
Expiration Date:
February 23, 2009
Hearing Date:
November 11, 2008
