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
Hearing Date:
June 19, 2012
Justice
emergency_rules EmR1206
EmR1206 — The State of Wisconsin Department of Justice (“DOJ") proposes an order to repeal and re-create
Chapter Jus 17 and
Chapter Jus 18, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors.
Governor Walker approved the final draft emergency rules on March 15, 2012. Attorney General Van Hollen signed an order approving the final emergency rules on March 15, 2012, and the emergency rules were published in the Wisconsin State Journal on March 21, 2012.
The statement of scope for these emergency rules, SS
010-12, was approved by Governor Walker on February 15, 2012, published in Administrative
Register No. 674, on February 29, 2012, and approved by Attorney General J.B. Van Hollen on March 12, 2012.
Finding of Emergency
Under section
101 of
2011 Wis. Act 35, DOJ has been statutorily required to receive and process concealed carry license applications and to issue or deny licenses since November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system commenced on that date to remain continuously in effect. Emergency rules governing the licensing process were adopted on October 25, 2011, and have been in effect since November 1, 2011.
On November 7, 2011, JCRAR suspended certain portions of the emergency rules adopted on October 25, 2011. Since that time, DOJ has implemented concealed carry licensing without enforcing the suspended provisions. DOJ is also in the process of developing proposed permanent rules that do not include the substance of any of the provisions in the emergency rules that were suspended by JCRAR.
Under Wis. Stat. s.
227.26 (2) (i), if a bill supporting JCRAR's suspension action of November 7, 2011, is not enacted into law by the end of the current legislative session on March 15, 2012, then the suspension would be lifted and the original version of the emergency rules — including the previously suspended portions — would go back into legal effect. At that point, the emergency rules in effect would be inconsistent both with the emergency rules as they have been administered by DOJ since November 7, 2011, and with the proposed permanent rules, the scope of which has already been approved by the Governor and the Attorney General. Any such lack of continuity in the operation of DOJ's concealed carry rules would be confusing and disruptive both for permit applicants and for DOJ staff administering the concealed carry permit program.
In order to prevent such a discontinuity in the operation of the concealed carry rules, it is necessary to re-promulgate the existing emergency rules in their entirety, with the exception of the portions that were suspended by JCRAR on November 7, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24, Stats., can the revised emergency rules be promulgated and in effect in time to prevent discontinuity in the operation of the existing rules. The public welfare thus necessitates that the rules proposed here be promulgated as emergency rules under s.
227.24, Stats.
Filed with LRB:
May 24, 2012
Publication Date:
March 21, 2012
Effective Dates:
March 21, 2012 through August 17, 2012
Hearing Date:
July 16, 24, 25, 2012
Natural Resources (3)
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.
Filed with LRB:
December 19, 2010
Publication Date:
December 13, 2010
Effective Dates:
December 13, 2010 through
See bold text above
This emergency rule was approved by the governor on April 26, 2012.
The statement of scope for this rule, SS
046-11, was approved by the governor on
December 2, 2011, published in
Register No. 672 on
December 31, 2011, and approved by the Natural Resources Board on
February 22, 2012.
Finding of Emergency
The department is aware that several ATV trails in Wisconsin overlap existing roads. From the onset of the program, these overlapping paths were identified as trails, signed accordingly, and were eligible to receive ATV grant funds. A few years ago, the ORV Advisory Council and WI County Forestry Association proposed that the department revise Ch.
NR 64 to accommodate paths used by both ATVs and motor vehicles. These trail-route combinations – also called hybrid trails but commonly referred to as “troutes" – will be eligible for future maintenance grant funding at the current rate if it can be shown that the hybrid trails (“troute") existed prior to the effective date of this rule.
This emergency rule will establish a new category of all-terrain trail commonly called a “troute", or a trail-route combination, that provides a connector between trails and allows grant funding for these unique trails. An emergency rule is needed because we anticipate that the permanent rule revisions to Ch.
NR 64 that will include troutes will not be effective until Sept 2012, at the earliest. Without this emergency rule, DNR will not be able to award grants to project sponsors for ATV “troutes" in July 2012, as is our practice. About one-third of the trails in northern Wisconsin are “troutes" and have been funded as trails since the program started. Our partners count upon grant funds for troute maintenance.
Without this Emergency Rule, the integrity and safety of troutes could be severely compromised. Our partners may be forced to close troutes without grant funding to maintain them until the permanent rule is effective. If troutes are closed, riders could be stranded in an unfamiliar location or be forced to turn around and ride back the same way they came instead of continuing onto their destination.
Filed with LRB:
May 9, 2012
