Written comments must be received by October 11, 1996 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 227.11 (2) and 440.26, Stats., and s. 167.31 (4) (a) 4., Stats., as created by 1995 Wis. Act 122.
Statute interpreted: s. 167.31 (4) (a) 4.
Section 1 creates a definition of “in plain view,” as the Department of Regulation and Licensing is directed in s. 167.31 (4) (a) 4., Stats., as created by 1995 Wis. Act 122. This section of this proposed order permits the private security person to carry a firearm in a holster or without a holster, provided that the firearm or the holster with the firearm in it is entirely discernible from ordinary observation of a person located outside and within the immediate vicinity of the vehicle and is at all times within the control of the private security person and not accessible to other occupants in the vehicle. The holster may not be partially or wholly covered by the uniform of the private security person.
Section 2 repeals and recreates the current definition of “on duty” to clarify that a private security person is not on duty when the private security person drives to or from his or her place of employment or a facility at which he or she receives or intends to receive training to act as a private security person. The effect of this change and that described in Section 1 is to prohibit private security persons from having a loaded weapon in a vehicle when they drive to and from their place of employment or a facility at which they receive or intend to receive training to act as a private security person.
Text of Rule
SECTION 1. RL 30.02 (4m) is created to read:
RL 30.02 (4m) “In plain view,” as used in s. 167.31 (4) (a) 4., Stats., means a firearm which includes the following:
(a) Is not covered by any part of the uniform of a person acting as a private security person.
(b) Is or is not in a holster and the firearm or the holster with the firearm in it is entirely discernible from ordinary observation of a person located outside and within the immediate vicinity of the vehicle and is at all times within the control of the private security person and not accessible to other occupants in the vehicle.
Note: A firearm located in a glove compartment, in a briefcase or under a seat of a vehicle is not “in plain view,” as defined in this section.
SECTION 2. RL 30.02 (7) is repealed and recreated to read:
RL 30.02 (7) (a) “On duty,” except as provided in par. (b), means that time for which or during which a private detective or private security person:
1. Receives or is entitled to receive fees or other compensation for services as a private detective or a private security person; or
2. Acts or purports to be acting as a private detective or private security person.
(b) Notwithstanding subd. 1., “on duty” does not include that time during which a private security person drives in a vehicle to or from his or her place of employment or a facility at which the private security person receives or intends to receive training to act as a private security person.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearing
Department of Transportation
Notice is hereby given that pursuant to s. 348.27(9r) and (12), Stats., interpreting s. 348.27(9r) and (12), Stats., the Department of Transportation will hold a public hearing on Wednesday, October 30, 1996 at the Hill Farms State Transportation Building, Room 813, 4802 Sheboygan Avenue, Madison, WI, at 1:00 PM, to consider the amendment of ch. Trans 269, Wis. Adm. Code, relating to transportation of garbage or refuse permits.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter by at least 10 days prior to the hearing.
Parking for persons with disabilities and accessible entrances are available on the north and south sides of the building.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: s. 348.27(9r) and (12)
STATUTE INTERPRETED: s. 348.27(9r) and (12)
General Summary of Emergency Rule. An act of Congress declared a portion of USH 51 and STH 87 to be part of Interstate I-39. By this act, Congress also allowed the continued operation of overweight, divisible loads which are customarily prohibited from movement on Interstate highways. Corresponding changes in state statute were made in the 1995-97 Transportation Biennial Budget. However, for one type of overweight, divisible permit - garbage and refuse - the prohibition on Interstate movement appears only in the administrative rule. In order to allow overweight movement on the portion of I-39 which had been USH 51/STH 78, we need to revise the administrative rule.
An emergency rule is needed to allow immediate implementation of statutory changes and Congressional changes allowing overweight transport of garbage on the portion of I-39 which had been USH 51 from Wausau to the intersection of I-90/94. Interstate status for this highway segment became effective August 23, 1996, when signage was complete (which was earlier than anticipated), and permits which had been allowed under Trans 269 are no longer allowed. To prevent unsafe rerouting of overweight loads onto surface streets, inconsistent law enforcement among state and local law enforcement authorities, and confusion by the motor carrier industry, an emergency rule is needed while the permanent rule is developed.
The proposed rule change will benefit municipalities and counties by avoiding increased cost for removal of garbage and by avoiding increased travel on local roads by heavy vehicles. It will benefit the public by keeping heavy trucks off surface streets, avoiding traffic hazard. It will benefit the waste hauling industry by continuing most efficient transport routes. It will benefit law enforcement by maintaining status quo usage and keep this permit type parallel with all other similar permits.
Fiscal Impact
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Emergency Rule and Contact Person
A copy of the emergency rule may be obtained upon request from the Office of General Counsel, Wisconsin Department of Transportation, Room 115-B, P. O. Box 7910, Madison, WI 53707-7910, or by calling (608) 267-3703. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
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.
Chs. ILHR 63 and 64 - Relating to ventilation and energy conservation.
S. ILHR 14.31 (3) (c) 1 - Relating to inspection of fire extinguishing systems.
S. Ins 6.20 - Relating to investments by town mutual insurers.
S. Trans 276.07 (4) and (7) - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade & Consumer Protection
(CR 96-9):
An order affecting ch. ATCP 100, relating to payroll statements to milk producers and price discrimination in milk procurement.
Effective 10-01-96.
An order affecting chs. HFS 34 and 61, relating to standards for emergency mental health service programs.
Effective 10-01-96.
An order affecting ch. Med 8, relating to physician assistants.
Effective 11-01-96.
Physical Therapists Affiliated Credentialing Board
(CR 96-52):
An order repealing and recreating s. PT 3.01 (4), relating to temporary licenses to practice physical therapy.
Effective 10-01-96.
An order affecting s. Tax 11.69, relating to the Wisconsin sales and use tax treatment of sales and purchases by financial institutions.
Effective 11-01-96.
An order repealing and recreating s. Tax 2.47, relating to the apportionment of net business incomes of interstate motor carriers.
Effective 01-01-97.
