The rule defines the term “actively participating” in the JOBS program and includes criteria county or tribal economic support agency would use to determine whether an extension of the 60 month time limit should be granted. The Department retains the right to review an economic support agency's decisions related to extensions.
Publication Date:
September 30, 1996
Effective Date:
October 1, 1996
Expiration Date:
February 28, 1997
Hearing Date:
November 19, 1996
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT
Industry, Labor & Human Relations
(Uniform Dwellings, Chs. ILHR 20-25)
Rules adopted revising chs. ILHR 20 and 21, relating to one- and two-family dwellings constructed in flood hazard zones.
Finding of Emergency
The Department of Industry, Labor and Human Relations finds that an emergency exists and that the adoption of the rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
The Federal Emergency Management Agency (FEMA) has informed some municipalities that it will no longer allow variances to a local ordinance that prohibits the construction of homes in flood fringe areas where the foundation extends below the base flood elevation. FEMA regulations allow this type of construction in some locations but require the construction to meet a suitable building code. The Uniform Dwelling Code, which regulates new home construction in Wisconsin, has never addressed this issue. FEMA's actions have halted some residential projects, causing serious financial hardship for those affected Wisconsin builders and residents.
The proposed rules add requirements to the Uniform Dwelling Code for construction in flood fringe areas in order to meet FEMA requirements. The primary source of these rules is the National Building Code published by Building Officials and Code Administrators International, Incorporated (BOCA).
Publication Date:
May 8, 1996
Effective Date:
May 8, 1996
Expiration Date:
October 5, 1996
Hearing Date:
July 17, 1996
Extension Through:
December 3, 1996
EMERGENCY RULES NOW IN EFFECT
Industry, Labor & Human Relations
(Building & Heating, etc., Chs. ILHR 50-64)
(Multi-Family Dwellings, Ch. ILHR 66)
Rule adopted delaying the effective date of a rule revision to portions of chs. ILHR 50 to 64 and 66, relating to energy efficiency.
Note: A lawsuit has been filed challenging the validity of this emergency rule action.
Finding of Emergency
The Department of Industry, Labor and Human Relations finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
1. On August 8, 1995, the Department adopted revised rules relating to ventilation and energy conservation in public buildings and places of employment. The purpose of these rules was to improve indoor air quality in buildings and to comply with the federal Energy Policy Act of 1992 which requires all states to revise their commercial building codes to meet or exceed the American Society of Heating, Refrigerating and Air-Conditioning Engineers/Illuminating Engineering Society (ASHRAE/IES) standard 90.1-1989. The rules went into effect on April 1, 1996.
2. Information has been recently provided to the Department that indicates that two of the provisions of the rules will cause excessive costs for building owners without commensurate benefit.
3. The emergency rule is being promulgated to avoid economic hardship caused by imposing unnecessary building construction and operating costs on building owners and operators.
Emergency Rule Analysis
The emergency rule will delay the effective date of the Energy Conservation related and Heating, Ventilating and Air Conditioning related rules for one year to give the Department and its advisory committee time to study the effect of the rules and make any necessary changes.
Publication Date:
April 6, 1996
Effective Date:
April 6, 1996
Expiration Date:
September 3, 1996
Hearing Date:
May 28, 1996
Extension Through:
November 1, 1996
EMERGENCY RULES NOW IN EFFECT
Industry, Labor & Human Relations
[Workforce Development]
(Labor Standards, Chs. ILHR 270-279)
Rules adopted revising ch. ILHR 272, relating to the minimum wage.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
The minimum wage set by federal law will be raised to $4.75 per hour effective October 1, 1996. The federal minimum wage covers many but not all of the employers and employes in the state, and it is not always easy for a particular employer to know if it is covered by state or federal law. If the state did not act quickly to adjust its minimum wage rules in response to the change in federal law, many employers and employes would be subjected to confusion and uncertainty in the calculation and payment of wages.
Publication Date:
August 28, 1996
Effective Date:
October 1, 1996
Expiration Date:
February 28, 1997
EMERGENCY RULES NOW IN EFFECT
Commissioner of Insurance
Rule adopted revising s. Ins 18.07 (5) (b), relating to a decrease in 1996-97 premium rates for the health insurance risk-sharing plan.
Exemption From Finding of Emergency
Pursuant to s. 619.14 (5) (e), Stats., the commissioner is not required to make a finding of an emergency to promulgate this emergency rule.
1996-97 Premium Adjustments
The Commissioner of Insurance, based on the recommendation of the Health Insurance Risk-Sharing Plan (“HIRSP”) board, is required to set the annual premiums by rule. The rates must be calculated in accordance with generally accepted actuarial principles and must be set at 60% of HIRSP's operating and administrative costs. This rule adjusts the premium rates for the period of October 1, 1996 through June 30, 1997, based upon a recalculation of costs and subsidy payments for the 1996-1997 fiscal year. This adjustment represents a 12% reduction in premium payments for the both the non-subsidized major medical and medicare plans for person under age 65. The rates for low-income persons entitled to a premium reduction under s. Ins 18.07 (5) (b) are not affected.
Publication Date:
September 4, 1996
Effective Date:
October 1, 1996
Expiration Date:
February 28, 1997
Hearing Date:
November 8, 1996
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (6)
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
1. Rules adopted amending s. NR 20.038, relating to special size and bag limits for the Lac du Flambeau reservation.
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:
The department has recently come to an interim agreement with the Lac du Flambeau band regarding their off-reservation harvest goals. This rule change is needed for the 1996 fishing season in order to meet our obligation in the agreement, thus, an Emergency Order is required. This agreement will promote preservation and protection of public peace, 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. Pursuant to litigation arising form Lac Courte Oreilles v. Voight, 70 F. 2d 341 (7th Cir. 1983), the Chippewa bands of Wisconsin, which includes the Lac du Flambeau, have the right to take walleye from off-reservation waters using efficient methods such as spearing and netting. The Lac du Flambeau have made initial 1996 harvest declarations for off-reservation lakes that are sufficiently high to require the department to reduce the daily bag limit to 0 on several lakes, consistent with the formula of s. NR 20.037. The Lac du Flambeau have agreed to reduce harvest declarations to a level commensurate with a daily bag limit of 2 walleye this year and a daily bag limit of 3 in future years, provided that the state reduces its daily bag limits for walleye to 3, with a minimum length limit of 18” and increase the muskellunge minimum length limit to 40” on waters within the Lac du Flambeau reservation. The state has agreed to do so in order to provide more socially acceptable sports fishing opportunity on off-reservation waters. This will lessen tensions caused by severely reduced bag limits and will assist local businesses dependent on the sport fishery.
Publication Date:
May 3, 1996
Effective Date:
May 3, 1996
Expiration Date:
September 30, 1996
Hearing Date:
June 12, 1996
Extension Through:
November 28, 1996
2. Rules were adopted revising chs. NR 10 and 11, relating to the 1996 deer hunting seasons.
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. This emergency rule is needed to control deer populations that are significantly over goal levels in order to prevent substantial deer damage to agricultural lands and to minimize deer nuisance problems, thereby protecting the public peace, health, safety or welfare. Normal rule-making procedures will not allow the establishment of these changes by August 1. Failure to modify our rules will result in the failure to provide hunting opportunity and comply with administrative rules.
Publication Date:
May 3, 1996
Effective Date:
August 12, 1996
Expiration Date:
January 9, 1997
Hearing Date:
June 11, 1996
3. Rules adopted amending ss. NR 20.02 (1) (c) and 25.05 (1) (e), relating to sport and commercial fishing for yellow perch in lake Michigan.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and the foregoing rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
The yellow perch population in Lake Michigan is rapidly declining. This decline reflects six consecutive years of extremely poor reproduction. Sport and commercial harvests of adult yellow perch must be limited immediately in order to maximize the probability of good reproduction in the near future.
Publication Date:
July 1, 1996
Effective Date:
July 1, 1996
Expiration Date:
November 28, 1996
Hearing Dates:
August 14 & 15, 1996
4. Rules adopted revising emergency rules relating to the 1996 deer hunting seasons
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. This emergency rule is needed to control deer populations that are significantly over goal levels in order to prevent substantial deer damage to agricultural lands and to minimize deer nuisance problems, thereby protecting the public peace, health, safety or welfare. Normal rule-making procedures will not allow the establishment of these changes by August 1. Failure to modify our rules will result in the failure to provide hunting opportunity and comply with administrative rules.
Publication Date:
August 9, 1996
