(3) Thousand cankers disease is currently known to exist in the states of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Tennessee, Utah and Washington. The disease has not yet been found in Wisconsin.
(4) Thousand cankers disease may be spread by the movement of firewood, nursery stock, and unfinished or untreated wood products. It is important to restrict the import of host materials from infested areas, to prevent the disease from being introduced into Wisconsin. The disease, if introduced into Wisconsin, could cause great damage to Wisconsin's economically-important and environmentally important walnut forest resource.
(5) It is important to restrict the import of host materials from infested areas as soon as possible. Without this emergency rule, host materials may be imported into Wisconsin from infested areas without adequate safeguards to prevent the introduction of thousand cankers disease into this state.
(6) It would take over a year to adopt the necessary import restrictions by the normal rulemaking procedure prescribed in ch.
227, Stats. DATCP is therefore adopting this temporary emergency rule under s.
227.24, Stats., pending the adoption of a more “permanent" rule by the normal rulemaking procedures. This temporary emergency rule is necessary to protect the public peace, health, safety and welfare, and to help prevent the introduction of a serious plant disease in this state, pending the adoption of a “permanent" rule by the normal procedure.
Publication Date:
November 1, 2010
Effective Dates:
November 1, 2010 through
March 30, 2011
Hearing Date:
January 26, 2011
Exemption from Finding of Emergency
Under s.
91.84(2), the department may use the procedure under s.
227.24 to promulgate a rule designating an agricultural preservation area or modifying or terminating the designation of an agricultural preservation area. Notwithstanding s.
227.24(1)(c) and
(2), a rule promulgated under that subsection remains in effect until the department modifies or repeals the rule. Notwithstanding s.
227.24(1)(a) and
(3), the department is not required to determine that promulgating a rule under that subsection 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 under that subsection.
The department views s.
91.84(2) as authority to adopt permanent rules that shall be published immediately in the Wisconsin Administrative Code.
Publication Date:
November 9, 2010
Effective Dates:
January 1, 2011 until the Department modifies or repeals the rule
Finding of Emergency
2009 Wis. Act 28 repealed outdated seed standards effective January 1, 2011, and authorized DATCP to adopt new standards by rule. A non-statutory provision, contained in section 9103(3) of Act 28, authorized DATCP to adopt interim rules by the emergency rulemaking procedure under s.
227.24, Stats., without a finding of emergency. Under this non-statutory provision, the interim rules may remain in effect until July 1, 2011 or until the effective date of proposed “permanent" seed rules, whichever date is earlier.
Publication Date:
January 1, 2011
Effective Dates:
January 1, 2011 through
July 1, 2011
Hearing Date:
January 11, 2011
Children and Families (2)
Exemption From Finding of Emergency
Section
14m (b) of
2009 Wisconsin Act 335 provides that the department is not required to provide evidence that promulgating a rule under s.
48.625 (1g), Stats., 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.
Section 14m (b) also provides that notwithstanding s.
227.24 (1) (c) and
(2), Stats., an emergency rule promulgated under s.
48.625 (1g), Stats., remains in effect until the permanent rules promulgated under s.
48.625 (1g), Stats., take effect.
Publication Date:
September 2, 2010
Effective Dates:
September 2, 2010 through
the date permanent rules
become effective
Hearing Date:
October 21, 2010
Finding of Emergency
The Department of Children and Families 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:
In the Child and Family Services Review of Wisconsin's child welfare system this past year, the federal Administration for Children and Families found that Wisconsin is not operating in substantial conformity with a number of federal requirements. In response to this review, the department has submitted a program improvement plan that commits the department to complete implementation of the levels of care system and the child assessment tool throughout the first quarter of 2011. Implementation must begin immediately to meet this deadline and subsequent dependent deadlines in the remaining 2 years of the program improvement plan.
Publication Date:
January 1, 2011
Effective Dates:
January 1, 2011 through
May 30, 2011
Hearing Dates:
February 8, 15, 28, 2011
Commerce (4)
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Finding of Emergency
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 14, 2010 through
(corrected) April 12, 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
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
