Extension Through:   January 13, 2014
emergency_rules EmR1308 2.   EmR1308 — The Wisconsin Department of Safety and Professional Services adopts an order to create section SPS 34.04 (2) (a) 4., relating to training of firearms instructors for private security personnel, private detectives, and private investigators or special investigators, and affecting small business.
This emergency rule was approved by the Governor on May 29, 2013.
The statement of scope for this rule, SS 080-12, was approved by the Governor on October 2, 2012, published in Register No. 682 on October 31, 2012, and approved by the Department of Safety and Professional Services on December 4, 2012.
Finding of Emergency
The Department of Safety and Professional Services (DSPS) finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows.
Under section SPS 34.02 (1), private security personnel, private detectives, and private investigators or special investigators, who are seeking a firearms permit from the Department must obtain a certificate of firearms proficiency. Section SPS 34.02 (2) mandates that the certification be received from a Department-approved firearms-proficiency certifier pursuant to section SPS 34.04.
Section SPS 34.04 currently accepts only those certifier applicants who have received training as a police or security firearms instructor and who have either (1) current approval as a firearms instructor by the Wisconsin Law Enforcement Standards Board (LESB); (2) current certification as a law enforcement firearms instructor by the National Rifle Association, Inc., (NRA) or; (3) approval on or after January 1, 1995, as a firearms instructor by the LESB or NRA and have completed a refresher course presented by a regional training school approved by the LESB or the NRA.
Due to enactment of 2011 Wisconsin Act 35 (commonly referred to as the concealed carry law), which became effective on November 1, 2011, there is a greater need for additional entities who can provide training and approve applicants as firearms proficiency certifiers. Section 175.60 (4) of the Statutes currently allows technical colleges, colleges, and universities to provide this training for concealed-carry purposes. No such provision is made as it relates to private security personnel, private detectives, and private investigators or special investigators, for carrying a weapon openly. Moreover, the training needed for DSPS firearms certifiers differs significantly from that needed and provided by the LESB curriculum and under 2011 Act 35. To that end, a new standard needs to be developed and implemented, separate and distinct from the LESB standards. Because the need to approve applicants for firearm proficiency certifiers is immediate and pressing, emergency rules are warranted.
Filed with LRB:   June 13, 2013
Publication Date:   June 13, 2013
Effective Dates:   June 13, 2013 through       November 9, 2013
Hearing Date:   August 6, 2013
Extension Through:   January 8, 2014
Safety and Professional Services —
Controlled Substances Board
emergency_rules EmR1318 EmR1318 — The Controlled Substances Board adopts an order to create section CSB 2.36, relating to scheduling controlled substances.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this rule, SS 062-13, was approved by the Governor on May 29, 2013, published in Register 690 on June 15, 2013, and approved by the Controlled Substances Board on July 15, 2013.
Finding of Emergency
The Controlled Substances Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Brown County District Attorney's office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning a controlled substance analog. UR-144, XLR-11, and AKB48 are pharmacologically similar to Schedule I substances THC and JWH-018. By sharing pharmacological similarities with the Schedule I substances, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. UR-144, XLR-11, and AKB48 are being marketed as “legal" alternatives to marijuana. This characterization (and the reputation as potent herbal intoxicants) has increased their popularity and prevalence.
The Controlled Substances Board finds that scheduling of UR-144, XLR-11, and AKB48 on an emergency basis is necessary to avoid an imminent hazard to public safety. The substances are not included in any other schedule and no exemption or approval is in effect for the substance under 21 USC 355.
On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.
Filed with LRB:   October 17, 2013
Publication Date:   October 13, 2013
Effective Dates:   October 13, 2013 through       October 12, 2014
Hearing Date:   November 11, 2013
Workforce Development
Unemployment Insurance, Chs. DWD 100-150
emergency_rules EmR1316 EmR1316 — The Wisconsin Department of Workforce Development hereby adopts an order to repeal sections DWD 126.02 (2), (3), and (4), 126.03 (1), 126.04, 126.05, 127.01 (2) (b), (f) to (i), and (3), 127.02 (intro.), (1), (2), (3), and (4), 127.02 (5) and (10), and 127.08; to renumber and amend section DWD 126.02 (1); to amend sections DWD 126.01, 126.03 (intro.) and (2), 127 (title), 127.01 (1), (2) (intro.), (a), (c), and (d), 127.02 (7), (9), and (11), 127.04 (title), (1), and (2), 127.05, 127.06 (1), (2), and (3), 127.07 (title) and (1), 128.01 (2) (a), and 129.01 (1) and (2); to repeal and recreate sections DWD 127.01 (2) (j) and 127.07 (2); and to create sections DWD 126.02 (Note), 126.03 (3), (4), (5), (6), and (7), 127.01 (2) (em), 127.02 (12), 127.04 (1m) (e), and 127.06 (1) (c), relating to unemployment insurance work registration, work search, and benefit claiming procedures.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this emergency rule, SS 106-13, was approved by the Governor on August 14, 2013, published in Register No. 692 on August 31, 2013, and approved by the Secretary of Workforce Development on September 11, 2013.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public welfare. Statements of the facts constituting the emergency are:
(1)   In order to fulfill the new statutory directives to require claimants for unemployment insurance benefits to increase their number of weekly work search actions from two to at least four;
(2)   In order to simplify the process and compliance with respect to requirements for unemployment insurance claimants to register for work;
(3)   In order to execute the new statutory requirement to request additional information from claimants;
(4)   In order to improve the unemployment insurance trust fund balance and thereby relieve employers of the burden of additional taxation;
(5)   In order to better assist unemployment insurance benefit claimants to obtain gainful employment; and,
(6)   In order to promote the improvement in the Wisconsin economy as a result of the immediate implementation of legislative directives with respect to the unemployment insurance program contained in 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36.
Adoption of the emergency rule will ensure that these legislative directives are implemented within the time-frame envisioned with enactment of 2013 Wisconsin Act 20 and 2013 Wisconsin Act 36.
Filed with LRB:   September 25, 2013
Publication Date:   September 29, 2013
Effective Dates:   September 29, 2013 through February 25, 2014, except that changes to ss. DWD 126.03 and 127.02 take effect after the Secretary determines the Department has the technological ability to implement the changes.
Hearing Date:   November 4, 2013
Workforce Development
Employment and Training, Chs. DWD 805-830
emergency_rules EmR1317 EmR1317 — The Wisconsin Department of Workforce Development hereby adopts an order to create Chapter DWD 801, relating to workforce training grants under the Wisconsin Fast Forward program.
This emergency rule was approved by the Governor on September 20, 2013.
The statement of scope for this rule, SS 109-13, was approved by the Governor on August 15, 2013, published in Register No. 692 on August 31, 2013, and approved by the Department of Workforce Development on September 11, 2013.
Finding of Emergency
The Department of Workforce Development (DWD) finds that an emergency exists and emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. The reason for the emergency is:
DWD proposes to create new rules in Chapter DWD 801 to implement the program of workforce training grants enacted by 2013 Wisconsin Act 9. DWD held a public hearing on the permanent rule for this new program on July 15, 2013, and has made revisions to the text of the proposed permanent rule in response to the comments received. It would now benefit the public welfare to proceed with the rules in emergency form so that the program can begin this fall.
Filed with LRB:   September 25, 2013
Publication Date:   September 29, 2013
Effective Dates:   October 1, 2013 through       February 27, 2014
Hearing Date:   November 5, 2013
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