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.
Administration (2)
The statement of scope for this rule, SS
041-13, was approved by the Governor on April 15, 2013, and published in
Register No. 688 on April 30, 2013, and approved by the Department of Administration Secretary, Mike Huebsch, effective May 13, 2013. This emergency rule was approved by the Governor on June 19, 2013.
Finding of Emergency
Each year the federal government makes funding available to the several states for economic and housing development through a program known as the Community Development Block Grant Program (CDBG). The CDBG is governed under
42 USC 5301 to
5319 and
24 CFR Part 570, and is administered by the US Department of Housing and Urban Development (HUD). Since the dissolution of the Wisconsin Department of Commerce, the Wisconsin Department of Administration (DOA) has received CDBG grants from HUD, and entered into agreements with the Wisconsin Economic Development Corporation (WEDC) for the administration of those funds. Under this arrangement, state administrative code Chapter Commerce 108 was unneeded, as WEDC operated under substantially similar internal policies. Recently, DOA and WEDC have mutually determined that the expertise of DOA is better suited to administration of CDBG funds, while the expertise of WEDC is best suited to consultation with localities and businesses seeking to access CDBG funds. The parties intend to formalize the transfer of administrative responsibility of CDBG funds to DOA shortly. Consequently, it is imperative for the welfare of the State of Wisconsin that administrative code provisions concerning the CDBG program be made.
Filed with LRB:
June 28, 2013
Publication Date:
July 1, 2013
Effective Dates:
July 1, 2013 through
November 27, 2013
Hearing Date:
November 18, 2013
Extension Through:
March 27, 2014
emergency_rules EmR1321
2. EmR1321 — The Department of Administration hereby adopts an order to repeal
section Adm 2.14 (2) (vr) c.; to renumber and amend section
Adm 2.14 (2) (v) 9. a. and b.; to amend
sections Adm 2.02 (1) (a), 2.04 (1), 2.04 (2), (3), (5), and (7), 2.07 (2), 2.08 (1) and (1) (d), 2.11, 2.14 (2), (2) (v), (2) (vm) and (2) (vm) 5.; and to create
sections Adm 2.03 (3m), (3r) and (6m), 2.04 (1m), (2m), (2r), (2z), (9), and (10), and 2.14 (2) (vm) and (2) (vm) 5.
The statement of scope for this rule, SS
131-13, was approved by the Governor on October 8, 2013, and published in
Register No. 694 on October 31, 2013, and approved by Department of Administration Secretary Mike Huebsch on November 13, 2013. This emergency rule was approved by the Governor on November 21, 2013.
Finding of Emergency
Since 1979 the legislature has vested the department of administration with the responsibility and authority to manage various state buildings and grounds, including those of the Wisconsin state capitol. S.
16.84 (1), Stats. Since 1979, the department has permitted the use of these buildings and grounds for the free discussion of public questions and other purposes, so long as such uses did not interfere with the prime uses of these facilities, or otherwise infringe on interests of the state. s.
16.845, Stats., and s.
Adm 2.04.
Each year, the Wisconsin state capitol police issue nearly 500 permits for the use of various state facilities. Permits are used for a variety of purposes, whether political, non-political, charitable, or commercial. Permits are issued regardless of political party, affiliation, or content. Permits are given to any person free of charge.
Occupation of the capitol rotunda and other areas has caused disruptions to the properly permitted events and normal government activities, including but not limited to, a Red Cross blood drive, a high school science exhibit, school group tours, general public tours, and legislative committee meetings and sessions. The state does not refuse permits for the lawful and safe use of state facilities by any person or persons, and the state cannot allow any person or persons to occupy the capitol in disregard of the rights of permit holders, public employees, or visitors. It is imperative that the department gain compliance in order to protect the public safety and welfare.
On October 24, 2013, a lawsuit was dismissed based upon a stipulation of and settlement agreement between the parties. The department is obligated under the settlement agreement to advance certain changes in procedure. The department seeks to fulfill its obligations in a timely manner, which is not possible without engaging in the emergency rule process.
Filed with LRB:
November 26, 2013
Publication Date:
November 27, 2013
Effective Dates:
November 27, 2013 through
April 25, 2014
Hearing Date:
February 21, 2014
Agriculture, Trade and Consumer Protection (3)
This emergency rule was approved by the Governor on December 10, 2013.
The blanket scope for this rule, SS
141-13, was approved by the Governor on October 30, 2013 published in register No. 695 on November 14, 2013, and approved by the Board of Agriculture, Trade & Consumer Protection on December 10, 2013.
Finding of Emergency
The United States Department of Agriculture — Animal and Plant Health Inspection Service (“APHIS") positively identified Emerald Ash Borer (“EAB") in Madison, Dane County on November 22, 2013. EAB is an exotic, invasive pest that poses a dire risk to the ash forest. When APHIS declares quarantine, DATCP has regulatory authority for import controls and quarantine for EAB under s.
ATCP 21.17. It is anticipated that APHIS will declare a quarantine for Dane County but that it will take six to eight weeks for APHIS to act. A six week delay until enactment of the federal quarantines leaves too much time for businesses or individuals to move potentially EAB infested material out of this county to areas of Wisconsin or other states that are not infested with EAB.
DATCP is adopting this rule as a temporary emergency rule, pending completion of federal quarantine regulations. DATCP does not anticipate completing a permanent rule.
Filed with LRB:
December 17, 2013
Publication Date:
December 18, 2013
Effective Dates:
December 18, 2013 through
May 16, 2014
Hearing Date:
January 13, 2014
emergency_rules EmR1325
2. EmR1325 — The Wisconsin Department of Agriculture, Trade and Consumer Protection adopts the following emergency rule to repeal
sections ATCP 136.02 (4) (d) and 136.10 (2) (c), (3) (a) 2., and (b) 4., and to amend
sections ATCP 136.02 (4) (g) (Note), (5), (7), (8) (a), 136.08 (1), (7) (Note), and 136.12 (1) (b) (Note) and (2) (Note), relating to mobile air conditioners, reclaiming or recycling refrigerant.
This emergency rule was approved by the Governor on December 23, 2013.
The scope statement for this rule, SS
122-13, was approved by the Governor on September 20, 2013 published in register No. 694 on October 14, 2013, and approved by the Board of Agriculture, Trade & Consumer Protection on November 13, 2013.
Finding of Emergency
In Wisconsin, businesses that repair mobile air conditioners must register with the department and pay an annual registration fee of $120 for each registered location. In addition, each technician working on mobile air conditioners at these businesses must attend a DATCP-approved training course and pass an exam.
A recent statutory change harmonized Wisconsin's state mobile air conditioner law with federal law, and Wisconsin's unique training course content is no longer applicable.
The registration year begins on March 1 of each year. By that date, all mobile air conditioning businesses and technicians must be registered with the department or pay a surcharge fee.
DATCP has determined that it has sufficient alternative revenue sources to fund the mobile air conditioning program and is undergoing rule-making to permanently eliminate the $120 registration fee. However, the rule-making will not be effective for the upcoming registration year that begins March 1, 2014. The department has also determined that its technician training requirements can be modified due to recent changes in state statute that harmonize Wisconsin law with federal law. Technicians who complete the federally approved training course will now meet Wisconsin's training requirement.
This temporary emergency rule is necessary to protect the welfare of the small businesses that would otherwise pay the registration fee. In addition, the emergency rule is needed to protect the welfare of small businesses and their employees by eliminating an unnecessary training requirement.
Filed with LRB:
December 27, 2013
Publication Date:
December 31, 2013
Effective Dates:
December 31, 2013 through
May 29, 2014
Hearing Date:
January 21, 2014
This emergency rule was approved by the Governor on January 10, 2014.
The scope statement for this rule, SS
140-13, was approved by the Governor on October 29, 2013, published in register No. 695 on November 14, 2013, and approved by the Board of Agriculture, Trade & Consumer Protection on December 10, 2013.
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 processors 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 program as permanent rules cannot be adopted in time to provide the basis for grant and loan determinations during that first year of the program.
Filed with LRB:
January 21, 2014
Publication Date:
January 20, 2014
Effective Dates:
January 20, 2014 through
June 18, 2014
Employment Relations Commission
This emergency rule was approved by the Governor July 3, 2013.
The statement of scope for this rule, SS
045-13, was approved by the Governor on April 19, 2013, published in
Register 689, on May 14, 2013, and approved by the Wisconsin Employment Relations Commission on June 3, 2013.
Finding of Emergency
An emergency exists because the public peace, health, safety and welfare necessitate putting these rules into effect so that the Wisconsin Employment Relations Commission can meet its obligation to conduct annual certification elections as required by ss.
111.70 (4) (d) 3. b. and
111.83 (3) (b), Stats.
Filed with LRB:
July 15 2013
Publication Date:
July 13, 2013
Effective Dates:
July 13, 2013 through
December 9, 2013
Extension Through:
April 8, 2014
Insurance
emergency_rules EmR1314
EmR1314 — The Commissioner of Insurance proposes an order to create
Chapter Ins 6 subch. II, subch. II (title), and sections Ins 6.91 to 6.98, relating to navigators, nonnavigator assisters, and related entities and affecting small business.
The statement of scope for this rule SS
078-13, was approved by the Governor on July 1, 2013, published in
Register No. 691, on July 15, 2013, and approved by the Commissioner on July 26, 2013. This emergency rule was approved by the Governor on August 30, 2013.
Finding of Emergency
In accordance with s.
623.98, Stats., the commissioner may promulgate rules under ss.
227.24 (1) (a) and
(3), Stats., without providing evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety, or welfare and without a finding of emergency. The commissioner intends to publish the proposed rule sufficiently in advance of October 1, 2013 to permit proper licensing, certification, and training of navigators and nonnavigator assisters and to permit proper registration of navigator and nonnavigator assister entities. The commissioner intends to promulgate permanent rules close in time to the emergency rules so not to create a gap in requirements.
Filed with LRB:
September 5, 2013
Publication Date:
September 10, 2013
