Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Rules were adopted amending s. NR 20.03 (1) (q) 2. b. and creating s. NR 20.036, relating to sturgeon spearing in Lake Winnebago.
FINDING OF EMERGENCY
The Department of Natural Resources finds that an emergency exists and rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Department Fisheries staff have recently shown that due to increasing spearing pressure and increasing spearer success rates the Winnebago lake sturgeon population, particularly the mature female portion, is experiencing overexploitation. Improvements in system water quality along with optimal weather conditions have provided clear water and optimal spearing conditions in recent years resulting in three of the four highest harvests on record in recent years resulting in three of the four highest harvests on record since 1990. To prevent the possible overharvest of sturgeon during the 1996 spearing season, an Emergency Order is required.
Publication Date:
February 2, 1996
Effective Date:
February 2, 1996
Expiration Date:
July 1, 1996
Hearing Date:
March 12, 1996
EMERGENCY RULES NOW IN EFFECT
Public Instruction
Rules adopted revising chs. PI 3 and 4, relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components.
FINDING OF EMERGENCY
Current rule requirements relating to substitute teacher permits and special education program aide licenses are prescriptive and, in some cases, have caused a shortage of qualified individuals to teach as substitutes or special education aides. The emergency rule provides flexibility in licensing and hiring qualified substitute teachers, special education aides, and principals.
Current rule requirements provide for two levels of school principal licensure, with different requirements for each level. The two levels of licensure are “elementary/middle level” and “middle/secondary level.” 1995 Wisconsin Act 27 (the 1995-97 biennial budget bill) provides that a school principal license must authorize the individual to serve as a principal for any grade level. The emergency rule conforms principal licensure rules with statutory language requirements.
Current provisions relating to general education components/professional education program requirements are overly prescriptive for campuses. The UW-System has initiated a requirement that puts a ceiling on the number of credits in an undergraduate program (140) and the department is moving to a performance-based approach to licensing where the knowledge and skills of license candidates will be assessed rather than just counting the credits that they have taken in college. The emergency rule provides flexibility for university systems to offer quality educational programs without prescribing what must or must not be included in their general education component.
In order for teachers to apply for or renew a substitute teacher permit, special education aide license or principal license to be effective for the upcoming school year (licenses are issued July 1 through June 30) and for schools to hire qualified staff from a sufficient pool of applicants, rules must be in place as soon as possible. Also, in order to allow the UW-system more flexibility to offer education programs for the upcoming school year, rules need to be in place as soon as possible.
Therefore, the state superintendent finds that an emergency exists and that promulgation of emergency rules is necessary to preserve the public welfare.
Publication Date:
August 21, 1995
Effective Date:
August 21, 1995
Expiration Date:
January 18, 1996
Hearing Date:
November 1, 1995
Extension Through:
March 17, 1996
EMERGENCY RULES NOW IN EFFECT
Regulation and Licensing
Rules adopted amending s. RL 2.02, and creating
ch. RL 9, relating to establishing a procedure for determining whether an applicant for credential renewal is liable for any delinquent taxes.
FINDING OF EMERGENCY
Under statutes created by 1995 Wis. Act 27, the Department of Regulation and Licensing must deny applications for license renewal filed by applicants who are liable for delinquent state taxes. These provisions first apply to applications submitted to the Department of Regulation and Licensing or to an examining board or affiliated credentialing board attached to the department to renew credentials that expire on or after January 1, 1996.
Section 440.03 (12), Stats., as created by 1995 Wis Act 27, requires the department to establish a procedure for making a determination concerning the liability of credential holders for delinquent taxes owed to this state. Newly created s. 440.08 (2r), Stats., provides that before granting an application to renew a credential issued under chs. 440 to 480, Stats., the department shall determine in accordance with the procedure established under s. 440.03 (12), Stats., whether the applicant for a credential renewal is liable for any delinquent taxes owed to this state. If the department determines that an applicant is liable for any delinquent taxes owed to this state, the department is required to deny the application, subject to the right of the applicant to have the denial reviewed at a hearing before the department.
Because the treatment of these provisions first apply to renewals applications that expire on or after January 1, 1996, and the department has determined that there are at least 40,000 credential holders whose credential will expire on January 1, 1996, preservation of the public peace, health, safety or welfare necessitates putting these rules into effect prior to the time it would take effect if the department complied with the notice, hearing and publication requirements set forth in ch. 227, Stats.
In this order the Department of Regulation and Licensing creates ch. RL 9 to establish a procedure for making the determination whether an applicant for credential renewal is liable for any delinquent taxes owed to this state and to describe the procedures available to a credential holder whose application for renewal is denied because the applicant is liable for delinquent state taxes.
The proposed rules define terms including “liable for any delinquent taxes owed to this state,” the term used in ss. 440.03 (12) and 440.08, Stats., as created by 1995 Wis. Act 27. The rules describe the method to be used for determining whether an applicant for renewal is liable for delinquent taxes. Under the procedures, the name and social security number or federal employer identification number of an applicant is compared with information at the Wisconsin Department of Revenue to identify individuals and organizations liable for delinquent taxes. If an applicant is identified as owing taxes, a notice is mailed to the applicant stating that the application shall be denied unless delinquent taxes are paid within 10 days. If delinquent taxes are not paid following a notice of intent to deny or if an applicant fails to complete an application form, the department shall deny the renewal application.
The rules provide for an applicant who has been denied renewal because of liability for delinquent taxes to request a hearing. Procedural rules include rules governing a notice of hearing, service of documents and the conduct of the hearing.
Publication Date:
November 14, 1995
Effective Date:
November 14, 1995
Expiration Date:
April 13, 1996
Hearing Date:
January 29, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Revenue
Rules adopted revising ch. Tax 18, relating to the 1996 assessment of agricultural property.
FINDING OF EMERGENCY
The Wisconsin Department of Revenue finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
1995 Wis. Act 27, published July 28, 1995, changes the way agricultural land is valued for property tax purposes. Under the law, the assessed value of each parcel of agricultural land in 1996 is the same as the assessed value of that parcel in 1995. Buildings and improvements to agricultural land continue to be assessed at their full market value.
Since 1995 Wis. Act 27 affects assessments as of January 1, 1996, an emergency rule is necessary for the efficient and timely assessment of agricultural land in 1996.
In particular, the rule addresses the following needs:
- repealing obsolete terms defined by rule
- defining the terms “land devoted primarily to agricultural use”, “other”, and “parcel of agricultural land”
- providing instructions for assessing “agricultural land” and “other” land classifications in 1996.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of the rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
December 6, 1995
Effective Date:
December 6, 1995
Expiration Date:
May 5, 1996
Hearing Date:
January 25, 1996
EMERGENCY RULES NOW IN EFFECT (2)
Department of Transportation
1. Rules were adopted revising ch. Trans 131, relating to the Motor Vehicle Inspection and Maintenance Program.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is that Southeastern Wisconsin is currently unable to meet federal air quality standards. Southeastern Wisconsin is one of nine regions in the United States designated as areas with “severe” air pollution problems. This air quality problem results in all area residents breathing air that is not healthy.
Since motor vehicles are the largest contributor to the area's air quality problem, the Wisconsin Department of Transportation finds that an emergency exists regarding the public health. The enhanced I/M program resulting from the proposed rule is a necessary part of the state's plan to achieve the volatile organic compound (VOC) emission reductions required by the Clean Air Act. The program will account for over one-third of the VOC reductions required by Wisconsin's 15% VOC Reduction Plan. By implementing the changes proposed in the rule, the air quality in Southeastern Wisconsin area can be improved. If such improvement does not occur, other more costly controls on small business and industry would be required. By taking action at this time, the major and most cost effective measure is utilized to meet Wisconsin's clean air goal.
Publication Date:
December 4, 1995
Effective Date:
December 4, 1995
Expiration Date:
May 3, 1996
Hearing Date:
January 11, 1996
2. Rule was adopted amending s. Trans 6.04 (1) (e), relating to the administration of the federal section 18 program.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is that without a Governor's certification that the intercity bus service needs of the state are being adequately met, many small urban and rural transit systems will see sharp, unplanned reductions in the amount of financial assistance they receive in 1996. These cuts may result in service reductions, fare increases and the need for local governments to cover a higher share of operating losses than has been budgeted.
Publication Date:
March 13, 1996
Effective Date:
March 13, 1996
Expiration Date:
August 10, 1996
Hearing Date:
April 17, 1996
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
(CR 95-14):
Ch. ATCP 123 - Relating to telecommunications services and cable television services.
SS. DOC 328.03, 328.04, 328.043 to 328.495 and 328.05 - Relating to supervision fee charged to probationers and parolees.
SS. DE 2.03 and 5.02 - Relating to the statutory renewal dates for licenses, and to provide the correct citation relating to records which must be kept by dentists for controlled substances.
Ch. HSS 94 and s. HSS 96.04 - Relating to the rights of patients receiving treatment for mental illness, a developmental disability, alcohol abuse or dependency or other drug abuse or dependency standards for grievance procedures for these patients.
Industry, Labor & Human Relations
(CR 96-24):
S. Ind 80.15 - Relating to payment after an order.
Insurance, Office of the Commissioner of
(CR 95-204):
SS. Ins 3.455 and 3.46 and Appendices 2, 3 and 4 - Relating to the requirements for long-term care insurance sold in Wisconsin.
