The Department of Commerce finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of public welfare.
The facts constituting the emergency are as follows. Under sections
71.07 (3rm),
71.28 (3rm) and
71.47 (3rm) of the Statutes, as created in
2009 Wisconsin Act 295, a taxpayer may claim a tax credit for investments in food processing plants and food warehouses during taxable years beginning after December 31, 2009.
Section
560.2056 (4) of the Statutes, as likewise created in
2009 Wisconsin Act 295, requires the Department to (1) implement a program for certifying taxpayers as eligible for the food processing plant and food warehouse investment credit, (2) determine the amount of credits to allocate to those taxpayers, and (3) in consultation with the Department of Revenue, promulgate rules to administer the program. No other provisions are established in the Statutes regarding the specific process for taxpayers to use in applying for the credits, and for the Department of Commerce to use in certifying eligible taxpayers and in allocating the credits.
Because of enactment of
2009 Wisconsin Act 295, a number of entities that may be eligible for the tax credits have contacted the Department with inquiries concerning the process for applying for the credits, for expenditures that have been or will be incurred during taxable years that began after December 31, 2009. In addition, section
71.07 (3rm) of the Statutes includes a $1,000,000 tax-credit allocation that became available on May 27, 2010, and expires on June 30, 2010.
Although the Department of Commerce has begun promulgating the permanent rule that is required by
2009 Act 295, the time periods in chapter 227 of the Statutes for promulgating permanent rules preclude the permanent rule from becoming effective in time to accommodate allocating the tax credits for the 2009-10 fiscal year. This emergency rule will enable the Department of Commerce to establish an application, certification, and tax credit allocation process for the entities that will be eligible for the allocation that expires on June 30, 2010.
Publication Date:
June 8, 2010
Effective Dates:
June 8, 2010 through
November 4, 2010
Extension Through:
March 11, 2011
Hearing Date:
August 17, 2010
Exemption From Finding of Emergency
The Legislature, by Section
45 (1) (b) of
2009 Wisconsin Act 265, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
July 2, 2010
Effective Dates:
July 2, 2010 through
November 28, 2010
Extension Through:
March 28, 2011
Hearing Date:
October 13, 2010
Exemption From Finding of Emergency
The Legislature, by SECTION 101 (1) in
2009 Wisconsin Act 299, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
November 14, 2010
Effective Dates:
November 15, 2010 through
April 13, 2011
Hearing Date:
February 15, 2011
Exemption From Finding of Emergency
The Legislature, by SECTION
45 (1) (b) of
2009 Wisconsin Act 265, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.
Publication Date:
November 28, 2010
Effective Dates:
November 28, 2010 through
April 26, 2011
Hearing Date:
February 16, 2011
Government Accountability Board (3)
Finding of Emergency
Pursuant to s.
227.24, Stats., the Government Accountability Board finds an emergency exists as a result of the United States Supreme Court decision
Citizens United v. FEC, 558 U.S. ___, (No. 08-205)(January 21, 2010). Within the context of ch.
11, Stats, the rule provides direction to organizations receiving contributions for independent disbursements or making independent disbursements. Comporting with
Citizens United, this emergency rule order does not treat persons making independent disbursements as full political action committees or individuals under s.
11.05, Stats., for the purposes of registration and reporting. With respect to contributions or in-kind contributions received, this emergency rule order requires organizations to disclose only donations “made for" political purposes, but not donations received for other purposes.
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 registration, reporting and disclaimer requirements for organizations receiving contributions for independent disbursements or making independent disbursements so that the campaign finance information is available to voters. The rule must be adopted immediately to ensure the public peace and welfare with respect to the administration of current and future elections.
Publication Date:
May 20, 2010
Effective Dates:
May 20, 2010 through
October 16, 2010
Extension Through:
February 13, 2011
Hearing Date:
August 30, 2010
emergency_rules EmR1035
2. EmR1035 — Rule adopted to repeal and recreate
Chapter GAB 4, relating to observers at a polling place or other location where votes are being cast, counted or recounted.
Finding of Emergency
The Government Accountability Board repeals and recreates chapter GAB 4, Election observers, to establish guidelines for election inspectors and observers alike regarding observation by “any member of the public" of the public aspects of the voting process and regarding the conduct of observers at polling places and other locations where observation of the public aspects of the voting process may take place. The Board 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 the facts constituting the emergency is:
Pursuant to s.
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 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 by which observers must abide.
The Board further finds that given the public interest in the 2010 General 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 an emergency rule governing observer conduct must be adopted prior to the General Election to ensure the public peace and safety with respect to the administration of the fall elections.
Publication Date:
September 24, 2010
Effective Dates:
September 24, 2010 through
February 20, 2011
Hearing Date:
December 13, 2010
Finding of Emergency
The Government Accountability Board amends s.
GAB 1.28(3)(b), Wis. Adm. Code, relating to the definition of the term “political purpose." Section
GAB 1.28 as a whole continues to clarify the definition of “political purposes" found in s.
11.01(16)(a)1., Stats., but repeals the second sentence of s.
GAB 1.28(3)(b) which prescribes communications presumptively susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.
This amendment to s.
GAB 1.28(3)(b) is to the rule that was published on July 31, 2010 and effective on August 1, 2010, following a lengthy two year period of drafting, internal review and study, public comment, Legislative review, and consideration of U.S. Supreme Court decisions. Within the context of ch.
11, Stats, s.
GAB 1.28 provides direction to persons intending to engage in activities for political purposes with respect to triggering registering and reporting obligations under campaign financing statutes and regulations. In addition, the rule provides more information for the public so that it may have a more complete understanding as to who is supporting or opposing which candidate or cause and to what extent, whether directly or indirectly.
Pursuant to §
227.24, Stats., the Government Accountability Board finds an emergency exists as a result of pending litigation against the Board and two decisions by the United States Supreme Court:
Federal Election Commission (FEC) v. Wisconsin Right to Life, Inc. (WRTL II),
550 U.S. 549 (2007) and
Citizens United v. FEC, 558 U.S. ___, (No. 08-205)(January 21, 2010). Following the effective date of the August 1, 2010 rule, three lawsuits were filed seeking a declaration that the rule was unconstitutional and beyond the Board's statutory authority: one in the U.S. District Court for the Western District of Wisconsin, one in the U.S. District Court for the Eastern District of Wisconsin, and one in the Wisconsin Supreme Court. On August 13, 2010, the Wisconsin Supreme Court temporarily enjoined enforcement of the August 1, 2010 rule, pending further order by the Court.
In the lawsuit in the U.S. District Court for the Western District of Wisconsin, the parties previously executed a joint stipulation asking the Court to permanently enjoin application and enforcement of the second sentence of s.
GAB 1.28(3)(b). On October 13, 2010, the Court issued an Opinion and Order denying that injunction request. In denying the injunction, the Court noted that “G.A.B. has within its own power the ability to refrain from enforcing, or removing altogether, the offending sentence from a regulation G.A.B. itself created" and emphasized that “removing the language—for example, by G.A.B. issuing an emergency rule—would be far more `simple and expeditious' than asking a federal court to permanently enjoin enforcement of the offending regulation."
Wisconsin Club for Growth, Inc. v. Myse, No. 10-CV-427, slip op. at 2 (W.D. Wis. Oct. 13, 2010). The Court further noted that staying the case would give the Board time to resolve some or all of the pending issues through further rulemaking.
Id., slip op. at 14.
In addition, the Board, through its litigation counsel, has represented to the Wisconsin Supreme Court that it does not intend to defend the validity of the second sentence of s.
GAB 1.28(3)(b) and that it would stipulate to the entry of an order by that Court permanently enjoining the application or enforcement of that sentence.
This amendment brings s.
GAB 1.28(3)(b) into conformity with the above stipulation, with the representations that have been made to the Wisconsin Supreme Court, and with the suggestions made in the October 13, 2010, Opinion and Order of the U.S. District Court for the Western District of Wisconsin. The Board finds that the immediate adoption of this amendment will preserve the public peace and welfare by providing a simple and expeditious clarification of the meaning of s.
GAB 1.28 for litigants, for the regulated community, and for the general public and by doing so in advance of the 2011 Spring Election and any other future elections.
Publication Date:
January 7, 2011
Effective Dates:
January 7, 2011 through
June 5, 2011
Hearing Date:
February 16, 2011
Insurance (3)
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:
Beginning December 1, insurers offering disability insurance policies and self-insured governmental plans are required to offer coverage for colorectal cancer screening. In order to ensure there is no gap in coverage the office needs to promulgate guidance as directed s.
632.895 (16m) (d), Stats., in advance of the initial implementation date.
Publication Date:
November 29, 2010
Effective Dates:
November 29, 2010 through
April 27, 2011
Hearing Date:
January 25, 2011
Exemption From Finding of Emergency
The legislature by s.
632.89 (4) (b) 2., Stats., provides an exemption from a finding of emergency for adoption of the rule. Section
632.89 (4) (b) 2., Stats., reads as follows:
632.89 (4) (b) 2. Using the procedure under s.
227.24, the commissioner may promulgate the rules under subd. 1., for the period before the effective date of any permanent rules promulgated under subd.1., but not to exceed the period authorized under 227.24 (1) (c) and (2). Notwithstanding s.
227.24 (1) (a),
(2) (b), and
(3), the commissioner is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to make a finding of emergency for a rule promulgated under this subdivision.
Publication Date:
November 29, 2010
Effective Dates:
November 29, 2010 through
April 27, 2011
Hearing Date:
January 25, 2011
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: the cost of implementing the Flesch scores and electronic access to policies significantly exceeded anticipated costs for the insurance industry; a review of state resources indicates insufficient staff to timely review the volume of health insurance policy filings resulting from the flesch score requirement; and it is anticipated the federal department of Health and Human Services (“HHS") will use National Association of Insurance Commissioners recommendations for the development of standards for a uniform summary of benefits and coverage explanation for all potential policyholders and enrollees. Repealing these provisions now before costly system overhauls will save both the industry and the state significant resources. Further, although it was anticipated that the National Association of Insurance Commissioners was planning to implement a national readability standard, such movement has stalled negating the amendment to prior Flesch readability scores.
The changes contained in this emergency rule will restore prior standards and ease financial constraints for the insurance industry.
Publication Date:
February 9, 2011
Effective Dates:
February 9, 2011 through
July 8, 2011
Natural Resources (4)
Fish, Game, etc., Chs.
NR 1—
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
September 29, 2010
Effective Dates:
September 29, 2010
through: See bold text above
Hearing Dates:
October 25 to 29, 2010
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Wis. Stats., is necessary and justified in establishing rules to protect the public welfare. The proposed rule change seeks to provide protection to Wisconsin cave bat species, which face the imminent threat of white-nose syndrome. White-nose syndrome has spread across 14 states and 2 Canadian provinces in the last 3 years, spreading up to 800 miles per year. Mortality rates of affected bat colonies reach 100%. The disease was located last spring within 225 miles of the Wisconsin's southern boarder and 300 miles from the northern boarder. Because the known dispersal distance of the little brown bat is 280 miles, an affected cave is now located within the dispersal range of Wisconsin little brown bats. Listing the cave bat species before white-nose syndrome has been detected in Wisconsin will allow the Department time to work collaboratively with stakeholders to ensure that appropriate conservation measures are developed and in place when white-nose syndrome is first detected. Because of the speed of white-nose syndrome, the Department would not have time to develop appropriate conservation measures if normal rule-making procedures were used and listing was delayed until after white-nose syndrome was detected in Wisconsin. Based on the current location and known rate of spread of the disease, we anticipate the presence of white-nose syndrome in Wisconsin as early as January 2011.
Publication Date:
September 29, 2010
