emergency_rules EmR1409
5. EmR1409 (DNR # FH-03-14(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections NR 20.36 (2) and 23.055 (2), relating to modifications in daily bag limits and minimum size limits in response to tribal harvest.
This emergency rule was approved by the Natural Resources Board on May 28, 2014, and by the governor on June 6, 2014.
The statement of scope for this rule was approved by the governor on February 14, 2014, published in
Register No. 698 on February 28, 2014, and approved by the Natural Resources Board on March 19, 2014.
Statement of Emergency
This emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters.
Filed with LRB:
June 16, 2014
Publication Date:
June 14, 2014
Effective Dates:
June 14, 2014 through
November 10, 2014
Hearing Date:
July 14, 2014 and
July 16, 2014
This emergency rule was approved by the Governor on June 25, 2014.
The statement of scope for this rule, SS
124-13, was approved by the governor on September 20, 2013, published in
Register No. 694, on October 14, 2013, and approved by the Natural Resources Board on December 11, 2013.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified to preserve the public welfare and interest in ensuring a sustainable population of Blanding's turtles. The Blanding's turtle is proposed for delisting from the State's Threatened Species list per administrative rule ER-27-11, which is expected to take effect as early as December 2013. Although the Blanding's turtle no longer meets the scientific criteria for listing, the Department feels that the population is nonetheless too vulnerable to survive the threat of harvest and collection, and believes emergency rules are needed to ensure a proper recovery before these activities are permitted.
All turtles not listed as threatened or endangered in ch.
NR 27 or as otherwise specified have a 135-day open season (July 15-November 30) during which members of the public may capture and possess up to 5 individuals [s.
NR 19.275 (4),
21.13 (4) and
22.13 (4)] per day. Permanent rule-making to protect Blanding's turtles from this harvest will not go into effect until after the 2014 open season for turtles is already underway. An emergency rule is therefore necessary to prevent the harvest and possession of Blanding's turtles during the 2014 open season until the permanent rule goes into effect.
The anticipated impact of collection and harvest to Blanding's turtle conservation and recovery in the state necessitates putting the emergency rule into effect during the 2014 open season for turtles while the agency complies with the permanent rule-making procedures.
Filed with LRB:
July 10, 2014
Publication Date:
July 13, 2014
Effective Dates:
July 13, 2014 through
December 9, 2014
Hearing Date:
August 27, 2014
The rule was adopted by the Natural Resources Board on June 25, 2014, approved by the Governor on August 27, 2014, and signed by Policy Director Michael L. Bruhn for Secretary Cathy Stepp, also on August 27, 2014.
The statement of scope for this rule, SS
020-14, was approved by the Governor on March 10, 2014, published in
Register No. 699, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Statement of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:
August 28, 2014
Publication Date:
September 1, 2014
Effective Dates:
September 1, 2014 through
January 28, 2015
Hearing Date:
October 29, 2014
This rule was approved by the Governor on August 27, 2014.
The statement of scope for this rule, SS
020-14, was approved by the Governor on March 10, 2014, published in
Register No. 699, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:
September 8, 2014
Publication Date:
September 11, 2014
Effective Dates:
September 11, 2014 through
February 7, 2015
Hearing Date:
October 29, 2014
emergency_rules EmR1420
9. EmR1420 (DNR # WM-05-14(E)) — The Wisconsin Natural Resources Board proposes an order to repeal section
NR 10.001 (2e), 10.09 (1) (c) 1. e. and (Note); to amend
sections NR 10.06 (5), 10.06 (8) (a) and (b), 10.07 (1) (b) 3., 10.07 (2m) (g) 2., 10.09 (1) (c), 10.09 (3), 10.10 (2), 10.11 (5) (a), 10.103 (1), 10.104 (7), 10.104 (9r), 10.15 (1) (a), 10.15 (6), 10.16 (Intro.), 10.16 (2), 10.22 (1), 10.23 (2) (a), 10.24 (2), 10.25 (4) (a), 11.042 (intro.), 11.043 (intro.), 11.11 (intro.), 12.16 (4), 15.01 (intro.), 15.015 (intro.), 15.10 (1) (intro.) and 15.12 (intro.), 45.09 (1), and 45.13 (18), (21), and (24); and to create
sections NR 10.01 (3) (em) (Note) and (3) (ep), 10.104 (7) (c), 10.15 (3m), and 10.16 (2m), related to establishing a season for hunting deer with crossbows-only.
This rule was approved by the governor on September 8, 2014.
The statement of scope for this rule, SS
018-14, was approved by the Governor on March 10, 2014, published in
Register No. 699, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Finding of Emergency
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in
2013 Act 61 and is exempted from making a finding of emergency under non-statutory provisions of the ACT.
Filed with LRB:
September 9, 2014
Publication Date:
September 12, 2014
Effective Dates:
September 12, 2014 through
February 8, 2015
Hearing Date:
October 29, 2014
This emergency rule was approved by the Governor on September 10, 2014.
The statement of scope for this rule, SS
056-14, was published in
Register No. 702, on June 14, 2014 and approved by the Natural Resources Board at its June 25, 2014 meeting.
Finding of Emergency
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in s.
29.040 Stats., established by 2013 ACT 20 and is exempted from making a finding of emergency under non-statutory provisions in Section 9132 of the ACT.
Filed with LRB:
September 15, 2014
Publication Date:
September 19, 2014
Effective Dates:
September 19, 2014 through
February 15, 2015
Hearing Date:
October 29, 2014
Natural Resources
Environmental Protection — General, Chs.
NR 100—
emergency_rules EmR1417
EmR1417 (DNR # OE-10-14(E)) — The Wisconsin Natural Resources Board proposes an order to repeal
sections NR 150.10 (1m) (b) and 150.20 (3) (a) 4. and 5.; to amend
sections NR 150.03 (1), (15) (intro.), (19), (25), and (26), 150.10 (1) and (1m) ( a), (c) (intro.), and (2) (a), 150.20 (1), (1m) (j), (k), and (L), (2) (a) (intro.), 4., 10., 11., and 16., (3) (a) (intro.), and (4) (b) (intro.), and 150.35; and to create
section NR 150.20 (1) (Note), (1m) (k) (Note), (m) to (y), and (2) (a) 20. to 27., relating to the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act.
The emergency rule was adopted by the Natural Resources Board On August 13, 2014, approved by the Governor on August 27, 2014 and signed by Policy Director Michael L. Bruhn for Secretary Cathy Stepp, also on August 27, 2014.
The scope statement number is SS
051-14. The governor approved the scope statement on May 15, 2014, and the scope statement was published in register No. 701 on May 31, 2014.
Finding of Emergency
Significant revisions to ch.
NR 150 became effective on April 1, 2014. The changes proposed are needed to clarify procedures for the review and analysis of new administrative rules and other actions and policies to assure that the intent of the recent revisions to ch.
NR 150 is being met and potential procedural questions do not invalidate years of work and public engagement. Additionally, the changes will clarify the intent of the April 1, 2014 revisions for procedures for WEPA compliance determinations, publication requirements, and plan approvals for various actions and policies, to prevent any misunderstandings or resulting challenge or delay regarding that intent.
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary to allow timely processing and implementation of department rule proposals, actions, and policies. Preservation of the public welfare necessitates putting the forgoing rule into effect prior to the time that it would take if the Department complied with normal rule promulgation procedures.
Filed with LRB:
August 28, 2014
Publication Date:
August 31, 2014
Effective Dates:
August 31, 2014 through
January 27, 2015
Hearing Date:
September 26, 2014
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
043-14, was published in
Register No. 701, on May 14, 2014, and approved by State Superintendent Tony Evers, on May 27, 2014.
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:
Unless an emergency rule is promulgated, school districts will not know which activities would be considered ineligible costs for the Community Programs and Services Fund for the 2014-15 school year. Not having this information could result in school districts unintentionally making expenditures from the Community Programs and Services Fund in 2014-15 that are deemed “ineligible costs" after the school board has made budget decisions and set a tax levy for the 2014-15 school fiscal year. Such a finding would then result in a negative adjustment to the district's revenue limit authority for the following 2015-16 school year, per s.
121.91 (4) (r), Stats., as created by
2013 Wisconsin Act 306. A district's revenue limit authority controls the amount of combined State General Aid and local property taxes revenues for a district. Thus, a district's revenue limit authority for the 2015-16 school year could be negatively impacted based on a definition of “ineligible costs" that was not in place at the time the district made its 2014-15 budget decisions and set the 2014-15 tax levy (by November 2014) for the Community Programs and Services Fund.
Filed with LRB:
June 27, 2014
Publication Date:
July 1, 2014
Effective Dates:
July 1, 2014 through November 27, 2014
Hearing Date:
September 4, 2014
Safety and Professional Services
General Part I, Chs.
301—319
emergency_rules EmR1415
EmR1415 — An order of the Department of Safety and Professional Services to amend
section SPS 305.40 (2) (b), (3) (b), (4) (a) 1., (b), (c), and (d) 1., and (5) and to create
sections SPS Table 305.02 Row 24r, Table 305.06 Row 19r, 305.40 (1) (bm), and 305.437, relating to credentials for electricians.
This emergency rule was approved by the Governor on July 29, 2014.
The statement of scope for this rule, SS 041–14, was approved by the Governor on April 30, 2014, published in
Register No. 701 on May 14, 2014, and approved by the Department on May 27, 2014.
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.
SECTION
15 of
2013 Wisconsin Act 143 exempts any electrician who was born on or before January 1, 1956, and who has at least 15 years of experience in installing, repairing, or maintaining electrical wiring, from the electrical licensure and supervision requirements in sections
101.862 (2) and
(3) of the Statutes. SECTION 15 also requires the Department to promulgate rules establishing criteria and procedures for issuing a corresponding credential to these grandfathered electricians.
Because of Act 143, the statutory requirements are now out of step with the Department's administrative rules – and the stakeholders who are affected by these statutory changes are confused by the differences. For example, there has been substantial confusion on what these grandfathered electricians can or need to do and how local governmental units should treat them. Promulgating revisions to the rules through the emergency rule process is needed in order to minimize the confusion and any hardship as soon as possible.
Filed with LRB:
August 1, 2014
