A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
August 15, 2012
Publication Date:
August 18, 2012
Effective Dates:
August 18, 2012 through the
date on which the permanent rules take effect, as provided in
2011 Wisconsin Act 169, section
21.
This emergency rule was approved by the Governor on August 30, 2012.
The statement of scope for this rule, SS
038-12, was approved by the Governor on May 29, 2012, published in
Register No. 678, on June 14, 2012, and approved by the Natural Resources Board on June 27, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
September 14, 2012
Publication Date:
October 1, 2012
Effective Dates:
October 1, 2012 through the date on which the permanent rules take effect, as provided in
2011 Wisconsin Act 169, section
21.
This emergency rule was approved by the Governor on August 30, 2103.
The statement of scope for this rule, SS
018-13, was approved by the Governor on February 18, 2013, published in
Register No. 687, on March 14, 2013, and approved by the Natural Resources Board on April 24, 2013.
Statutory Authority
The chapter on wild animals and plants, in s.
29.014, Stats., “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting. Additional statutory authority is found in ss.
23.11,
29.192 and
29.041, Stats. The emergency rule making process is established in s.
227.24, Stats.
Filed with LRB:
September 4, 2013
Publication Date:
September 6, 2013
Effective Dates:
September 6, 2013 through
February 2, 2014
Hearing Date:
October 28, 2013
This rule was approved by the Governor on October 31, 2013.
The statement of scope for this emergency rule, SS
083-13, was approved by the Governor on July 15, 2013, published in
Register No. 691 on July 31, 2013 and approved by the Natural Resources Board on August 14, 2013.
Finding of Emergency
The department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to protect the public safety and welfare. By restricting gun and archery hunting to certain areas, and trapping to certain areas and methods, this rule will prevent those activities in locations where they may jeopardize the safety and welfare of visitors to the Wisconsin State Park System.
Filed with LRB:
November 7, 2013
Publication Date:
November 15, 2013
Effective Dates:
November 15, 2013 through
April 13, 2014
emergency_rules EmR1320
5. EmR1320 (DNR # FH-27-13(E)) — The Wisconsin Natural Resources Board proposes an order to create
Chapter NR 85, relating to development of a competitive grant program for cities, villages, towns, counties, federally recognized Indian tribes or bands located in this state, and fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
This rule was approved by the Governor on November 8, 2013.
The statement of scope for this emergency rule, SS
104-13, was approved by the Governor on August 12, 2013, published in
Register No. 692 on September 1, 2013 (August 31, 2013), and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency — Exemption
2013 Wisconsin Act 20, the 2013-15 state budget, included the following nonstatutory language: The department of natural resources may promulgate emergency rules under section
227.24 of the statutes implementing sections
29.739 and
29.740 of the statutes, as created by this act. Notwithstanding section
227.24 (1) (c) and
(2) of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide evidence that promulgating this rule 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 this subsection.
Filed with LRB:
November 14, 2013
Publication Date:
November 21, 2013
Effective Dates:
November 21, 2013 through June 30, 2016, or the date on which permanent rules take effect, whichever is sooner.
Hearing Date:
December 12, 2013 and
December 19, 2013
Safety and Professional Services (2)
Professional Services, Chs.
SPS 1—299
This emergency rule was approved by the Governor on May 20, 2013.
The statement of scope for this rule, SS
012-13, was approved by the Governor on January 28, 2013, published in
Register No. 686 on February 14, 2013, and approved by the Department of Safety and Professional Services on February 28, 2013.
Finding of Emergency
The Department of Safety and Professional Services 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:
Title XI of the Federal Financial Institutions Reform and Recovery Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s.
SPS 81.04 is not in compliance with the federal legislation. The Code must be brought into compliance by July 1, 2013. At that time, the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated “out of compliance," then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
Filed with LRB:
June 12, 2013
Publication Date:
June 18, 2013
Effective Dates:
June 18, 2013 through November 14, 2013
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
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
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.
