Effective:   February 5, 2009 through
  July 4, 2009
Hearing Date:   March 2, 2009
Commerce
Uniform Dwelling, Chs. Comm 20-25
Wisconsin Commercial Building Code, Chs. Comm 60-66
emergency_rules EmR0826 EmR0826 — Rules adopted to renumber s. Comm 66.0911; to amend s. Comm 20.24 (1) and (2); and to create ss. Comm 21.095, 20.24 Table 20.24-14, 62.1200, 62.3500 (3) (e), 66.0911 (title) and (2), relating to carbon monoxide alarms and affecting small business.
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:   October 1, 2008 through
  the date permanent rules
  become effective
Hearing Date:   October 14, 2008
Financial Institutions — Banking
emergency_rules EmR0907 EmR0907 — Rule adopted to create Chapter DFI-Bkg 47 and to repeal Chapter DFI-Bkg 41, relating to the transition from a registration system to a license system.
Exemption From Finding of Emergency
The legislature by section 9117 of 2009 Wisconsin Act 2 provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:   May 4, 2009
Effective:   Section 1:
  5-4-09 through 7-1-11
  Section 2:
  9-1-09 through 7-1-11
  Section 3:
  1-10-10 through 7-1-11
Hearing Date:   June 10, 2009)
Government Accountability Board
emergency_rules EmR0902 EmR0902 — Rule adopted amending s. GAB 6.05, relating to filing campaign finance reports in electronic format.
Finding of Emergency
The Government Accountability Board amends s. GAB 6.05, Wis. Adm. Code, relating to filing campaign finance statements in electronic format. The amended rule creates a uniform requirement and restricts registrants to an “electronic format" compatible with the Board's electronic filing system for filing campaign finance reports.
Pursuant to s. 227.24, Stats., the Government Accountability Board finds an emergency exists because the Board's January 18, 2008 decision to implement the use of a new electronic filing system, and the technical requirements thereof, conflicts with the technical electronic format filing permitted by the previous rule. In effect, the current electronic filing system cannot work without a uniform and restricted electronic format that is compatible with the new electronic filing system.
The Board adopts the legislature's policy findings of s. 11.001, Stats., emphasizing that one of the most important sources of information to voters about candidates is available through the campaign finance reporting system. The Board further finds that it is necessary to codify a uniform electronic format filing requirement to ensure the proper operation of the current electronic filing system so that the campaign finance information is available to voters. The amended rule, GAB 6.05, must be adopted immediately to ensure the public peace and welfare with respect to the administration of current and future elections.
Publication Date:   February 5, 2009
Effective:   February 5, 2009 through
  July 4, 2009
Hearing Date:   March 20, 2009
Health Services (2)
(Formerly Health and Family Services)
Management & Technology & Strategic Finance,
Chs. HFS (DHS) 1—
emergency_rules EmR0832 1.   EmR0832 — Rule adopted to repeal s. HFS (DHS) 12.03 (15) and to create ss. HFS (DHS) 12.03 (20m), 12.115 and Table HFS (DHS) 12.115, relating to background checks of individuals who provide personal care services, and affecting small businesses.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
2007 Wisconsin Act 172 requires the department to specify by rule, the crimes, a conviction of which an entity must disclose to a client or a client's guardian before the caregiver provides the client with personal care services in the client's home. Act 172 also requires the department to define the term “substitute caregiver". Under s. 50.065 (2m) (d), Stats., as created by 2007 Wisconsin Act 172, the department created a list of crimes required and also as required defined the term “substitute caregiver".
Effective November 1, 2008, entities, including home health agencies and temporary employment agencies, are required under s. 50.065 (2m) (d), Stats., to disclose to the client or the client's guardian, the assigned caregiver's convictions of crimes specified by the department by rule.
Publication Date:   October 20, 2008
Effective:   November 1, 2008 through
  March 30, 2009
Hearing Date:   January 6, 2009
Extension Through:   June 30, 2009
emergency_rules EmR0834 2.   EmR0834 — Rules adopted amending s. HFS (DHS) 10.23 (2) (d) 2., relating to confidentiality requirements of the Family Care program that prohibit benefit specialists from disclosing personally identifying information about a client without the client's informed consent, unless required by law.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
Chapter HFS 10 is the department's rule that guides the implementation of the department's Family Care program. Included in these provisions are standards for confidentiality which prohibit disability benefit specialists from disclosing personally identifying information about a client without the client's consent unless required by law. Because disability benefit specialists are permissive reporters, and thus not required to report abuse, neglect, or financial exploitation of elder adults and adults at risk under ss. 46.90 (4) (ar) and 55.043 (1m) (br), Stats., s. HFS 10.23 (2) (d) 2., effectively prevents disability benefits specialists from making such disclosures.
Amending s. HFS 10.23 (2) (d) 2., to allow disability benefit specialists to report abuse, neglect, or financial exploitation under ss. 46.90 (4) (ar) and 55.043 (1m) (br), Stats., would help to ensure that elder adults and adults-at-risk who may have been abused, neglected, or financially exploited are brought to the attention of the abuse, neglect and exploitation response systems outlined under ss. 46.90 and 55.043, Stats.
Publication Date:   November 3, 2008
Effective:   November 3, 2008 through
  April 1, 2009
Hearing Date:   January 27, 2009
Extension Through:   June 30, 2009
Pharmacy Examining Board
emergency_rules EmR0903 EmR0903 A rule adopted repealing s. Phar 4.02 (2), relating to the practical examination.
Finding of Emergency
The Pharmacy Examining Board finds that, under s. 227.24 (1), Stats., the repeal of s. Phar 4.02 (2) is required for the preservation of the public peace, health, safety and welfare.
Currently, under s. Phar 4.02 (2), the board administers a practical examination to determine an applicant's competence in compounding and dispensing medications, which includes consultation of patients. The board has determined that this examination is no longer needed because the competencies tested in the examination are also tested in two other national examinations that applicants are required to take in order to obtain a license in Wisconsin. The board has also determined that the practical examination requirement may contribute to the shortage of pharmacists in Wisconsin.
First, under s. Phar 4.02 (1) and (3), an applicant is required to take and pass the Multi-State Pharmacy Jurisprudence Examination (MPJE) and the North American Pharmacist Licensure Examination (NAPLEX). Both of these examinations test competencies that relate to subject areas that are also tested in the practical examination. As a result, applicants are required to take an additional examination, and pay an additional examination fee. In some instances, this step may also result in a delay in the processing of applications for licensure.
Second, in reference to the shortage of pharmacists in Wisconsin, the board has found that populations in rural areas and in certain city neighborhoods are underserved. The board believes that, because of its practical examination requirement, potential applicants from other states are declining to seek licensure in Wisconsin. Wisconsin is one of only four states that require a practical examination. None of the states that border Wisconsin have a practical examination requirement.
Publication Date:   February 28, 2009
Effective:   February 28, 2009 through
  July 27, 2009
Hearing Dates:   April 8, 2009
Regulation and Licensing (2)
emergency_rules EmR0827 1.   EmR0827 — Rule adopted creating s. RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a 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 to implement 2007 Wisconsin Act 104. Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:   September 10, 2008
Effective:   September 10, 2008
  through the date on which
  the final rules take effect
Hearing Dates:   November 26, 2008
  April 13, 2009
emergency_rules EmR0828 2.   EmR0828 — Rules adopted to amend s. RL 181.01 (2) (c); and to create ss. RL 180.02 (1m), (3m) and (11), 181.01 (1) (d), (2) (c) 1. and 2., relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a 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 to implement 2007 Wisconsin Act 104. Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:   September 10, 2008
Effective:   September 10, 2008
  through the date on which
  the final rules take effect
Hearing Date:   November 26, 2008
Revenue
emergency_rules EmR0820 EmR0820 — Rule adopted creating ss. Tax 8.03 and 8.05, relating to the registration of wine collectors, establishing standards of eligibility for registration as a wine collector, specifying the form and manner of notice required prior to the sale of wine by a wine collector, and the creation and organization of small winery cooperative wholesalers.
Exemption From Finding of Emergency
The legislature by Section 50 of 2007 Wisconsin Act 85 provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:   June 26, 2008
Effective:   June 26, 2008 through
  July 1, 2010 or the date on
  which permanent rules
  take effect, whichever is
  sooner.
Wisconsin Technical College System Board
emergency_rules EmR0905 EmR0905 — Rule adopted revising Ch. TCS 17, relating to training program grant funds appropriated in 2009 Wisconsin Act 2.
Finding of Emergency
The Wisconsin Technical College System Board 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 an emergency is:
The 2009 Wis. Act 2 (the 2007-09 budget repair bill) provided an additional $1,000,000 GPR to the existing annual appropriation of $3,000,000 GPR for the training program grants authorized in Wis. Stats. ss. 20.292 (1) (eh) and 38.41. These funds were provided to address a critical need of Wisconsin employers for skills training and education necessary to protect the state's economic vitality and health, with a special emphasis on advanced manufacturing and welding.
The Act requires the WTCS Board to award these funds by June 30, 2009 or the end of the current 2008-09 fiscal year. In addition, TCS 17.06 (1), Wis. Adm. Code, requires that district boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.
Due to declining economic conditions and reduced business revenues, technical college districts report that employers are withdrawing participation in approved training grants because of an inability to fund the 25% match. Therefore, to ensure that business and incumbent workers in need of skills training and other education may access these services and that appropriated funds are distributed to technical college districts for this purpose before the end of the fiscal year, emergency administrative rules eliminating the 25% match requirement must be established immediately.
Publication Date:   March 20, 2009
Effective:   March 20, 2009 through
  August 16, 2009
Workforce Development
Public Works Construction Contracts,
Chs. DWD 290-294
emergency_rules EmR0838 EmR0838 - Rules adopted revising s. DWD 290.155 (1), relating to the adjustment of thresholds for application of prevailing wage rates.
Finding of Emergency
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.