Effective Dates:   September 10, 2013 through
  February 6, 2014
Hearing Date:   September 27, 2013
Natural Resources (5)
Fish, Game, etc., Chs. NR 1
This emergency rule was approved by the Governor on August 10, 2010.
The statement of scope for this rule, SS 023-12, was approved by the Governor on April 12, 2012, published in Register No. 676, on April 30, 2012, and approved by the Natural Resources Board on May 23, 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:   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.
emergency_rules EmR1215 2.   EmR1215 (DNR # WM-16-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate section NR 10.01 (3) (h) 1., relating to the coyote hunting season.
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.
emergency_rules EmR1313 3.   EmR1313 (DNR # WMH-07-13(E)) — The Wisconsin Natural Resources Board proposes an order to repeal section NR 10.06 (9) (b); to amend section NR 10.01 (1) (v); to repeal and recreate sections NR 10.01 (1) (b) to (u) and 10.12 (3) (c); and to create section NR 10.12 (3) (e), relating to migratory bird hunting regulations.
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
emergency_rules EmR1319 4.   EmR1319 (DNR # WM-22-13(E)) — The Wisconsin Natural Resources Board proposes an order to amend sections NR 10.275 (intro.) and 45.09 (1) and to create sections NR 10.13 (Note) and 10.275, relating to hunting and trapping in state parks.
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
Public Instruction
emergency_rules EmR1324 EmR1324 — The State Superintendent of Public Instruction hereby proposes to amend sections PI 5.02 (6) and (11m), 5.035 (6), and 5.04, relating to high school equivalency diplomas and certificates of general educational development.
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
Revenue
emergency_rules EmR1323 EmR1323 — The Wisconsin Department of Revenue hereby adopts an emergency rule interpreting s. 77.58 (1) (a) and (5), Stats., and amending section Tax 11.93, relating to sales tax filing frequency.
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 (2)
Professional Services, Chs. SPS 1—299
emergency_rules EmR1307 1.   EmR1307 — The Wisconsin Department of Safety and Professional Services adopts an order to repeal section SPS 81.04 (1) (c) 3. and 4., and to amend section SPS 81.04 (2), relating to reciprocity.
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.
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