(See the Notice in this Register)
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Exemption From Finding of Emergency
The Legislature, by section 9110 (4) in
2009 Wisconsin Act 2, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of the public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
June 30, 2009
Effective: June 30, 2009 through
July 1, 2010 or the date
permanent rules take
effect, whichever is sooner
Hearing Date:
September 15, 2009
Corrections
Finding of Emergency
The Department of Corrections finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public peace, health, safety and welfare. A statement of facts constituting the emergency is:
Under
2009 WI Act 28, an increased number of inmates are being considered for release. In addition, the department has developed a number of release initiatives to address an inmate's successful transition from incarceration to community life. As part of those initiatives, there are costs associated with that transition, including acquiring housing, employment, and transportation. For example, an inmate must have a social security card, a driver's license or state identification card, the first months rent and security deposit for an apartment, and civilian clothing.
Under the current rule, an inmate may only use release account funds for “adequate clothing for release" and for “out-of-state release transportation." In addition, the rule limits the maximum amount of money which can be saved in the release account to $500.00. The emergency rule immediately permits the use of release account money for a wide variety of purchases, including fees associated with obtaining a driver's license or state identification card, housing, and a mode of transportation (bus tickets, vehicle, bicycle, etc.). In the past the Department has borne some of these costs, despite an inmate having the money in his or her release account. Given the initiatives of reentry and release, an inmate should be responsible for these expenditures.
In addition, the emergency rule raises the limit on release accounts from $500.00 to $5,000.00. Since the current limit was established, the cost of living in the community has risen. The department seeks this change to reflect the significant costs of housing, transportation, and food and other necessities.
If the rule is not created promptly and immediately, the department will not be able to use inmate release account funds to pay for items which inmates need in preparation for their release to the community. The purpose of the emergency rule is to permit inmates to use release account funds for a greater range of expenditures related to their release from incarceration and transition back into the community. 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 need to use inmate funds, not state funds, while permanent rules are being developed.
Publication Date:
September 10, 2009
Effective: September 10, 2009
through February 6, 2010
Hearing Date:
October 14, 2009
(See the Notice in this Register)
Financial Institutions — Banking
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
Insurance
emergency_rules EmR0918
EmR0918 — Rule adopted to revise
Chapter Ins 6, relating to exempting commercial umbrella and commercial liability policies covering only hired and non-owned autos from having to offer or include uninsured and underinsured motorist coverage.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
Act 28 (2009) modified the requirements for auto insurance in Wisconsin. Most of these new provisions go into effect on November 1, 2009. These modifications did not specifically address the issue of insurers who write commercial liability insurance and commercial umbrella policies which insure only hired and non-owned automobiles (“HNO") under the policy but do not insure any automobiles owned by the insured.
If these new Act 28 requirements apply to commercial liability insurance and commercial umbrella policies which insure only hired and non-owned automobiles (“HNO") under the policy, this creates a significant problem. Some of these insurers do not have authority to write auto insurance which is needed to write uninsured (“UM") and underinsured coverage (“UIM"). Other insurers offering the commercial umbrella and commercial liability HNO have not ever written UM/UIM coverages because the current rules exempt them. Insurers have also stated that obtaining reinsurance for this is a problem.
This issue was addressed in 1997 when an emergency rule was promulgated and modifications to Ins 6.77 were enacted in response to various court cases. In that process, commercial insurers who wrote liability policies that covered only HNO were exempted from the requirement to offer or include UM/UIM coverage. This emergency rule would continue this exemption so that the market for commercial liability insurance and commercial umbrella policies is not disrupted.
Publication Date:
September 9, 2009
Effective: November 1, 2009 through
March 30, 2010
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations to conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
August 22, 2009
Effective: September 1, 2009 through
January 28, 2010
Natural Resources
Environmental Protection — Water Regulation,
Chs.
NR 300—
Finding of Emergency
The substantial increase in bonding for the dam grant programs is a strong message from the legislature that concern for public welfare from unsafe dams is growing, as well as the desire to help dam owners, including the owners of the many dams damaged during the flooding in 2007 and 2008. In order to protect the public and provide this financial assistance, these additional funds should be put to work as soon as possible. The timeline for permanent rule promulgation will impede the Department's ability to accept applications and commit funding to dam safety projects until at least June 2010, which would delay most projects until late 2010 or 2011. The emergency rules will allow immediate implementation of modifications that will allow a grant application cycle to be conducted yet this fall and allow most projects to be constructed during the 2010 construction season or before.
Publication Date:
August 28, 2009
Effective: August 28, 2009 through
January 24, 2010
Pharmacy Examining Board
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
Extension Through:
November 24, 2009
Hearing Date:
April 8, 2009
Public Instruction (2)
Exemption From Finding of Emergency
Pursuant to Section 9139 (3) of the nonstatutory provisions of
2009 Wisconsin Act 28, the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Publication Date:
September 1, 2009
Effective: September 1, 2009 through
January 28, 2010
(Except Section 1)
Effective: October 1, 2009 through
February 27, 2010
Hearing Date:
October 26, 2009
(See the Notice in this Register)
Exemption From Finding of Emergency
Pursuant to Section 9139 (2x) of the nonstatutory provisions of
2009 Wisconsin Act 28, the Department of Public Instruction is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Publication Date:
September 4, 2009
Effective: September 4, 2009 through
January 31, 2010
Hearing Date:
November 9, 2009
(See the Notice in this Register)
Public Service Commission
Finding of Emergency
The Commission finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of
the public peace, health, safety, or welfare. The police and fire protection fee, which must go into effect September 1, 2009, (
2009 Wisconsin Act 28 section
9441) will be used to replace shared revenue payments for such services. To ensure the public peace, health, safety, and welfare of the citizens of Wisconsin, it is vital for funding of police and fire protection services to continue smoothly, quickly, and unimpeded. Thus, it is necessary for the rule administering the fee to be implemented as soon as possible.
Publication Date:
September 11, 2009
Effective: September 11, 2009
through February 7, 2010
Regulation and Licensing (2)
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.
