Publication Date:
November 15, 2013
Effective Dates:
November 15, 2013 through
April 13, 2014
Extension Through:
June 12, 2014
emergency_rules EmR1320
4. 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
This rule was approved by the Governor on December 30, 2013.
The statement of scope for this rule, SS
108-13, was approved by the Governor on August 13, 2013, published in
Register No. 692 on August 31, 2013, and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency
Pursuant to s. 227.4, Stats., the department finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. The welfare of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses is threatened by a decline in the lake trout population in the Apostle Islands vicinity of Lake Superior. The continued, persistent decline in lake trout population abundances and predicted further declines necessitate the current reductions in order to ensure a sustainable lake trout fishery over the long-term. Lake trout harvest limits were negotiated in October 2013 among the Department of Natural Resources and the Red Cliff and Bad River Bands of Lake Superior Chippewa and those changes must be ordered through administrative code. This emergency rule is needed to preserve the public welfare.
Filed with LRB:
January 14, 2014
Publication Date:
January 13, 2014
Effective Dates:
January 13, 2014 through
June 11, 2014
emergency_rules EmR1405
6. EmR1405 (DNR # WM-24-13(E)) — The Wisconsin Natural Resources Board proposes an order to proposes an order to repeal sections
NR 10.01 (3) (ed), (es) 3., and (et), 10.07 (3), 10.09 (2), 10.28 (3), and 45.09 (9), to amend
sections NR 1.15 (1) (a), (b), and (c) 1., (2) (a) (intro.) and (at), and (3), 10.001 (2e), (6p), and (19e), 10.01 (3) (es) 1. and 2. and (3) (ev), 10.02 (3), 10.06 (8) (b) and (note), 10.07 (2m) (b) 1., 10.102 (1) (e) 4., 10.105 (1), (2), (4,) and (7), 10.106 (intro.) and (1), 12.06 (1), (2), and (4), 12.16 (4), 13.38 (2) (b) and (Note), and 19.60 (2) (b) 1., to repeal and recreate
sections NR 1.15 (2) (a) 8., 10.01 (3) (e) and (em), 10.104, 10.106 (2), 10.28 (1) and (2), 10.28 (4), and 10.41, and to create
Chapter NR 10 (Title.) and sections NR 10.001(1k) and (23a) and (b), 10.01 (2) (b) (Note) and (4) (dm) (Note), and Subchapter II, relating to deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report.
This emergency rule was approved by the Governor on February 10, 2014
The statement of scope for this rule, SS
098-13, was approved by the Governor on July 23, 2013, published in
Register No. 692, on August 14, 2013, and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency
A non-statutory provision, SECTION
9132 of
2013 Act 20, establishes that the department may promulgate rules to implement the 2012 final deer management report and that the department is not required to make a finding of emergency.
Filed with LRB:
February 25, 2014
Publication Date:
March 7, 2014
Effective Dates:
March 7, 2014 through
June 30, 2015
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for the statement of scope or this rule.
The scope statement for this rule, SS
093-13, was published in
Register No. 692, on August 14, 2013, and approved by State Superintendent Tony Evers on August 27, 2013.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
The number of subtests and the passing scores for the General Educational Development (GED) Test will be changing in January 2014 when a new test is implemented by the GED Testing Service.
Unless the rule is changed to reflect these new subtests and passing scores, the Department may be prevented from issuing credentials for test takers who pass the GED Test because the required passing scores will be incorrect.
Filed with LRB:
December 27, 2013
Publication Date:
December 27, 2013
Effective Dates:
December 27, 2013 through May 25, 2014
Hearing Date:
February 24, 2014
Extension Through:
July 24, 2014
Revenue
This emergency rule was approved by the Governor on November 15, 2013.
The scope statement for this rule, SS
100-13, was approved by the Governor on August 2, 2013, published in
Register No. 692 on August 31, 2013, and approved by the Secretary of Revenue on September 10, 2013.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Section
77.58 (1), Stats., provides that retailers must file sales tax returns quarterly, except as provided in s.
77.58 (1) (a) and
(b), Stats., which allows for sales tax returns to be filed monthly.
Section
77.58 (5), Stats., provides that the department may require returns and payments on the amount of taxes for other than a quarterly period if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes. The department has provided for annual sales tax returns by rule in s.
Tax 11.93 (1) for retailers that have an annual tax liability of $300 or less.
Because
2013 Wis. Act 20 doubles the threshold upon which a monthly sales tax return is required to be filed ($600 to $1200), s.
Tax 11.93 (1) should also be changed to reflect a similar increase in the threshold upon which an annual sales tax return can be filed.
As the statutory change to the monthly filing standard goes into effect on January 1, 2014, the corresponding change to the annual filing standard in s.
Tax 11.93 (1) should also go into effect on January 1, 2014. There is insufficient time for the permanent rule to be effective on January 1, 2014.
Filed with LRB:
December 19, 2013
Publication Date:
January 1, 2014
Effective Dates:
January 1, 2014 through May 30, 2014
Hearing Date:
January 27, 2014
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
This emergency rule was approved by the Governor on January 28, 2014.
The statement of scope for this rule, SS
139-13, was approved by the Governor on October 28, 2013, published in
Register 695 on November 14, 2013, and approved by the Department on November 26, 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.
Some building designers find the current rules for wall bracing for one- and two-family dwellings are too difficult to understand and apply, which results in unnecessary costs and delays in home building. Promulgating revisions to the rules through the emergency rule process is needed in order to avoid these costs and delays as soon as possible. In addition, the report that the Dwelling Code Council is required to complete by July 1, 2014, under section
101.62 (4) of the Statutes is expected to include recommendations to clarify and simplify these rules through the emergency rule process.
Filed with LRB:
February 13, 2014
Publication Date:
February 19, 2014
Effective Dates:
April 1, 2014 through August 28, 2014
Hearing Date:
March 11, 2014
Transportation
This emergency rule was approved by the Governor on February 10, 2014.
The statement of scope for this rule, SS
155-13, was approved by the Governor on December 16, 2013, published in
Register 696, on December 31, 2013, and approved by Secretary Mark Gottlieb as required by s.
227.135 (2), Stats., on January 13, 2014.
Finding of Emergency
The welfare of commercial motor vehicle drivers who hold a commercial driver license (“CDL") issued by the State of Wisconsin who operate commercial motor vehicles outside this state will be harmed beginning January 30, 2014, if they cannot demonstrate compliance with recent federal regulations because they will be treated by other states as unlicensed drivers. Beginning on January 1, 2014, federal regulations require CDL holders to have certified to DOT the type of commercial driving they do and, if required, to have submitted proof of medical fitness to drive, and to have their driving records updated by DOT to show these actions, before driving a commercial motor vehicle. The Department published the scope statement for permanent rulemaking in September 2011 to implement these federal requirements. The permanent rulemaking effort is ongoing but will not take effect before the January 30, 2014 deadline for compliance.
Filed with LRB:
February 14, 2014
Publication Date:
February 16, 2014
Effective Dates:
February 16, 2014 through July 15, 2014
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.
