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:
There are over 105,000 people in the United Sates on the national waiting list for organ transplants including 1,500 in Wisconsin. Due to the limited availability of organs for transplantation, 18 people die each day in the United States.
As part of Wisconsin's response to the need for increased organ and tissue donation, the department, as authorized under s.
157.06 (20), Stats., has established the Wisconsin Donor Registry (Donor Registry).
The Donor Registry will make it easier for Wisconsin residents to become donors and for procurement organizations to identify donors, and thus it should increase the supply of available organs and tissues, which may save the lives of persons awaiting transplant.
Promulgating the rules for the Donor Registry as emergency rules will enable department-authorized procurement organizations to quickly determine whether a person who is at or near death has a record of gift. In addition, the Donor Registry makes it possible for individuals to immediately make anatomical gifts.
The Donor Registry will become available for use by the public upon the effective date of these emergency rules and may be accessed by the public at yesIwillwisconsin.com. Substantially identical permanent rules are being proposed concurrent to this emergency order.
Publication Date:
March 29, 2010
Effective Dates:
March 29, 2010 through
August 25, 2010
Hearing Date:
May 5, 2010
Insurance (3)
Exemption From Finding of Emergency
(4)
Continuation coverage rules. (a) Notwithstanding section
632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24 of the statutes. Notwithstanding section
227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2) of the statutes. Notwithstanding section
227.24 (1) (a) and
(3) of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph 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 this paragraph. [Emphasis Added]
Publication Date:
October 1, 2009
Effective Dates:
October 2, 2009
through October 1, 2010
Hearing Date:
December 8, 2009
Exemption From Finding of Emergency
(4) CONTINUATION COVERAGE RULES (a) Notwithstanding section
632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section
227.24 of the statutes. Notwithstanding section
227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section
227.24 (2) of the statutes Notwithstanding section
227.24 (1) (a) and
(3) of the statutes,
the commissioner is not required to provide evidence that promulgating a rule under this paragraph 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 this paragraph. [Emphasis Added]
Publication Date:
January 7, 2010
Effective Dates:
January 8, 2010
through June 6, 2010
Hearing Date:
May 5, 2010
Exemption From Finding of Emergency
The Commissioner of Insurance pursuant to s.
632.895 (12m) (f) 2., Stats., need not find that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety or welfare.
Publication Date:
March 8, 2010
Effective Dates:
March 8, 2010
through August 4, 2010
(subject to s. 632.895 (12m) (f), Stats.)
Hearing Date:
May 26, 2010
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Finding of Emergency
The Department of Natural Resources finds that and emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is: Based on information received by the Department, user conflicts are increasing. Failure to enact this rule could lead to additional boating accidents and potential for injury during the upcoming high use season.
Publication Date:
May 20, 2010
Effective Dates:
May 20, 2010 through
October 16, 2010
Hearing Date:
June 22, 2010
(See the Notice in this Register)
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 Dates:
August 28, 2009 through
January 24, 2010
Extension Through:
May 24, 2010
Hearing Date:
April 15, 2010
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs.
NR 600—
Exemption From Finding of Emergency
Section 9137 (2), a non-statutory provision in
2009 Wisconsin Act 28, authorizes the department to promulgate the required definitions using emergency rule making procedures, but is not required to provide evidence that promulgating a rule under that subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to
Publication Date:
March 17, 2010
Effective Dates:
March 17, 2010 through
July 1, 2011
Hearing Date:
April 26, 2010
Public Defender Board
emergency_rules EmR0926
EmR0926 — Rule adopted to create
Chapter PD 8, Discovery Payments, relating to the maximum fees that the state public defender may pay for copies of discovery materials in criminal proceedings, proceedings under Chapter
980, Wis. Stats., and other proceedings in which the state public defender provides legal representation.
Finding of Emergency
These rules are promulgated under s.
227.24 (1) (a), Stats., because the magnitude of the shortfall in the state public defender's appropriation for transcripts, discovery, and interpreters in both years of the current biennium constitutes an emergency that requires implementation of a rule earlier than a permanent rule could take effect if the agency were to comply with the applicable notice, hearing, legislative- review, and publication requirements.
The state public defender was initially provided a base budget of $60,000 in 1995 for discovery payments, which at that time consisted mostly of photocopies and some photographs. In the 1999-2001 budget act, this appropriation was increased to $150,000, based on a presumptive rate for photocopies of $0.20 per page. In the 2001-2003 biennial budget act, this appropriation was subjected to a five percent funding reduction, leaving a base budget for discovery payments of $142,500.
The public defender received discovery bills totaling $717,000 for the fiscal year that ended June 30, 2009. Although discovery costs are caseload driven, this represents a nearly five-fold increase since 2001 and is due primarily to two factors. First, in the past many counties and municipalities did not bill the state public defender for copies of discovery materials. Because local budgets have come under increasing pressure, most now do so. Second,
2005 Wisconsin Act 60 resulted in more widespread use of audio and video recordings of interrogations by law enforcement, copies of which must be provided to the defense.
The public defender board's requests for cost-to-continue budget increases for discovery payments in 2007-2009 and in 2009-2011 were not funded. Instead, the FY 2009-2011 budget act reduced this appropriation by 1%, leaving a base budget of $141,100, and directed the board to promulgate rules to address the funding shortfall.
Publication Date:
October 3, 2009
Effective Dates:
October 3, 2009 through
March 1, 2010
Extension Through:
June 29, 2010
Hearing Date:
November 16, 2009
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.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Dates:
November 26, 2008
April 13, 2009
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 Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
Revenue (4)
Finding of Emergency
