Emergency Rules Now in Effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Occasionally the Legislature grants emergency rule authority to an agency with a longer effective period than 150 days or allows an agency to adopt an emergency rule without requiring a finding of emergency.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency or a statement of exemption from a finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code.
Beginning with rules filed with the Legislative Reference Bureau in 2008, the Legislative Reference Bureau will assign a number to each emergency rule filed, for the purpose of internal tracking and reference. The number will be in the following form: EmR0801. The first 2 digits indicate the year of filing and the last 2 digits indicate the chronological order of filing during the year.
Agriculture, Trade and Consumer Protection
This emergency rule was approved by the governor on March 27, 2012.
The scope statement for this rule, SS
002-12, was approved by the governor on January 9, 2012, published in
Register No. 673, on January 31, 2012, and approved by the Board of Agriculture, Trade and Consumer Protection on February 22, 2012.
Finding of Emergency
Enactment of a rule is necessary to establish criteria the department will use to make determinations for grants, loans or other forms of financial assistance to dairy producers to promote and develop the dairy industry. An emergency rule is needed to ensure that funds are used to assist dairy producers during the first year of the annual appropriation as permanent rules cannot be adopted in time to provide the basis for grant determinations for the first year appropriations.
Filed with LRB:
March 22, 2012
Publication Date:
March 30, 2012
Effective Dates:
March 30, 2012 through
August 26, 2012
Hearing Date:
June 28, 2012
Children and Families
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.
Filed with LRB:
August 31, 2010
Publication Date:
September 2, 2010
Effective Dates:
September 2, 2010 through
the date permanent rules
become effective
Hearing Date:
October 21, 2010
Employment Relations Commission (2)
These emergency rules were approved by the governor on September 13, 2011.
The statement of scope for this rule, SS
004-11, was approved by the governor on July 20, 2011, published in
Register No. 667, on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s.
227.135 (2) on August 15, 2011.
Finding of Emergency
Filed with LRB:
September 15, 2011
Publication Date:
September 15, 2011
Effective Dates:
September 15, 2011 through
February 12, 2012
Extension Through:
June 11, 2012
Hearing Date:
February 2, 2012
This emergency rule was approved by the governor on March 30, 2012.
The statement of scope for this rule, SS
005-11, was approved by the governor on
August 31, 2011, published in
Register No. 669, on
September 14, 2011, and approved by the Employment Relations Commission on
September 19, 2011.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules in effect so that the State of Wisconsin and municipal employers can proceed to bargain over base wages with labor organizations that represent State and municipal employees.
Filed with LRB:
April 16, 2012
Publication Date:
April 19, 2012
Effective Dates:
April 19, 2012 through
September 15, 2012
Health Services
emergency_rules EmR1204
EmR1204 — The Wisconsin Department of Health Services hereby adopts emergency rules to create
section DHS 115.05 (3), relating to fees for screening newborns for congenital and metabolic disorders and other services.
This emergency rule was approved by the governor on April 19, 2012.
The statement of scope for this rule, SS
033-11, was approved by the governor on
October 25, 2011, published in
Register No. 671, on
November 14, 2011, and approved by the Department of Health Services Secretary, Dennis G. Smith, effective
November 25, 2011.
Exemption from Finding of Emergency
The legislature by
2011 Wisconsin Act 32, SECTION
9121 (9) provides an exemption from a finding of emergency to adopt these emergency rules. The exemption is as follows:
2011 Wisconsin Act 32, SECTION
9121 (9) CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section
227.24 of the statutes, the department of health services shall promulgate rules required under section
253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section
253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section
227.24 (1) (c) of the statutes, subject to extension under section
227.24 (2) of the statutes. Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection 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 subsection.
Filed with LRB:
May 1, 2012
Publication Date:
May 4, 2012
Effective Dates:
May 4, 2012 through September 30, 2012
Hearing Date:
May 25, 2012
Insurance
emergency_rules EmR1208
EmR1208 — The Commissioner of Insurance purposes an order to amend
section Ins 17.01 (3) and repeal and recreate section
Ins 17.28 (6), relating to the Injured Patients and Families Compensation Fund annual fund fees and mediation panel fees for fiscal year 2013 and affecting small business.
This emergency rule was approved by the governor on May 25, 2012.
The statement of scope SS
001-12, was approved by the governor on January 4, 2011, published in
Register No. 673, on January 31, 2012, and approved by the Commissioner of Insurance on February 14, 2012.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
These changes must be in place with an effective date of July 1, 2012 for the new fiscal year assessments in accordance with s.
655.27 (3), Wis. Stats. The permanent rule making process during an even-numbered year cannot complete the rule-making process prior to the effective date of the new fee schedule. The fiscal year fees were established by the Board of Governors at the meeting held on December 14, 2011.
Filed with LRB:
June 12, 2012
Publication Date:
June 14, 2012
Effective Dates:
June 14, 2012 through November 10, 2012
