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Effective: December 1, 2008 through
April 29, 2009
Hearing Dates: December 18 and 19, 2008
Natural Resources
Fish, Game, etc., Chs. NR 1—
EmR0824 — Rule adopted revising ss. NR 10.01 (1) (b), (g), (h), (u) and (v) and 10.06 (5), relating to the 2008 migratory game bird seasons and waterfowl hunting zones.
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 mid-August of each year. This order is designed to bring the state hunting regulations to 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.
Publication Date: August 30, 2008
Amendment: September 26, 2008
Effective: August 30, 2008 through
January 26, 2009
Hearing Date: October 27, 2008
Natural Resources
Environmental Protection - General, Chs. NR 100—
emergency_rules EmR0809 EmR0809 — Rule adopted to repeal s. NR 198.15 (2), to renumber s. NR 198.12 (6) to (10), to amend ss. NR 198.11, 198.14 (1) (e) and (f) 2., 198.23 (5) to (7), 198.33 (5), and 198.44 (5) and to create ss. NR 198.12 (6) and (7), 198.33 (6) and subch. V of ch. NR 198, relating to grants for the control of aquatic invasive species.
Finding of Emergency
The substantial increase in grant funding is a strong message from the Legislature that concern over the welfare of our public waters is growing, along with the expectation that these additional funds be put to work as soon as possible. The appropriation from which these funds are spent is a biennial appropriation, meaning that any unspent funds at the end of the biennium automatically lapse back to the Water Resources Account of the Conservation Fund. The timeline for permanent rule promulgation and the lack of staff to provide support to eligible sponsors may impede the Department's ability to fully and responsibly invest the authorized spending by the end of the biennium because of the current rule's limitations. An emergency rule will help to minimize or eliminate the amount of funds that are lapsed.
Publication Date: April 7, 2008
Effective: July 1, 2008 through
November 27, 2008
Hearing Dates: July 22 to August 5, 2008
Extension Through: January 26, 2009
Public Instruction
emergency_rules EmR0813 EmR0813 — A rule is adopted revising Ch. PI 37, relating to grants for national teacher certification and master educator licensure.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The new provisions modifying the grants for the national teacher certification program under 2007 Wisconsin Act 20, the biennial budget bill, took effect October 27, 2007. In order to establish the new application criteria and procedures to award grants to eligible applicants in the 2007-08 school year, emergency rules must be in place as soon as possible.
Publication Date: May 17, 2008
Effective: May 17, 2008 through
October 13, 2008
Hearing Date: July 23, 2008
Extension Through: January 31, 2009
Regulation and Licensing (3)
emergency_rules EmR0819 1. EmR0819 A rule adopted revising s. RL 161.04, relating to examinations for substance abuse professionals.
Finding of Emergency
The department has made a finding of emergency. The current rules require an applicant for a clinical substance abuse counselor credential to pass an oral examination. The company that produced that examination is not giving that examination after June 1, 2008. This emergency rule creates a time period for a transition to enable a category of applicants to get a clinical substance abuse counselor credential. Persons holding a clinical substance abuse counselor credential can apply for a supervisory credential. There is a strong need for more supervisors in this field because services can only be provided under supervision. This rule will enable more applicants to receive a supervisor credential and is therefore necessary to maintain the health, safety and welfare of the public.
Publication Date: June 18, 2008
Effective: June 18, 2008 through
November 14, 2008
Hearing Date: November 11, 2008
Extension Through: January 14, 2009
emergency_rules EmR0827 2. EmR0827 — Rule adopted creating s. RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a 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 to implement 2007 Wisconsin Act 104. Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date: September 10, 2008
Effective: September 10, 2008
through February 6, 2009
Hearing Date: November 26, 2008
emergency_rules EmR0828 3. EmR0828 — Rules adopted to amend s. RL 181.01 (2) (c); and to create ss. RL 180.02 (1m), (3m) and (11), 181.01 (1) (d), (2) (c) 1. and 2., relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife.
Exemption From Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a 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 to implement 2007 Wisconsin Act 104. Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date: September 10, 2008
Effective: September 10, 2008
through February 6, 2009
Hearing Date: November 26, 2008
Revenue
emergency_rules EmR0820 EmR0820 — Rule adopted creating ss. Tax 8.03 and 8.05, relating to the registration of wine collectors, establishing standards of eligibility for registration as a wine collector, specifying the form and manner of notice required prior to the sale of wine by a wine collector, and the creation and organization of small winery cooperative wholesalers.
Exemption From Finding of Emergency
The legislature by Section 50 of 2007 Wisconsin Act 85 provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date: June 26, 2008
Effective: June 26, 2008 through
July 1, 2010 or the date on
which permanent rules
take effect, whichever is
sooner.
Transportation
emergency_rules EmR0833 EmR0833 — Rule adopted revising Chs. Trans 325, 326 and 327, relating to motor carrier safety, and hazardous material transportation safety.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. Recently enacted commercial motor carrier safety regulations apply to drivers and carriers transporting property and passengers by commercial vehicles in interstate commerce and enhance highway safety. It is imperative the industry operates under a single set of safety regulations to minimize confusion that could result in inadvertent noncompliance or application of an outdated safety standard. Also pursuant to 49 CFR 350.331(d), States are required to adopt compatible laws or rules to remain eligible for Motor Carrier Safety Assistance Program funding. Currently, Wisconsin receives approximately $4 million in such funding, which is used to administer various highway safety programs, and that funding and the safety programs it supports will be in jeopardy if Wisconsin does not implement these changes immediately. The Motor Carriers Association has urged the Department to implement these changes as it will help ensure uniformity and increased highway safety.
Publication Date: November 5, 2008
Effective: November 5, 2008 through
April 3, 2009
Hearing Date: December 2, 2008
Workforce Development
Public Works Construction Contracts,
Chs. DWD 290-294
emergency_rules EmR0838 EmR0838 - Rules adopted revising s. DWD 290.155 (1), relating to the adjustment of thresholds for application of prevailing wage rates.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that the rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
Adjusting the thresholds for application of the prevailing wage rate requirements by emergency rule ensures that the adjustments are effective on a date certain that is prior to the time of year that project requests are generally submitted to the Department and applicability of the prevailing wage law is determined. The adjustment avoids imposing an additional administrative burden on local governments and state agencies caused by an effective decrease of the thresholds due solely to inflation in the construction industry. If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six to seven months, until the conclusion of the permanent rule-making process. The thresholds are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process.
Publication Date: December 29, 2008
Effective: January 1, 2009 through
May 30, 2009
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