Description of the objective of the rule:
The Division's annual rule revision process is conducted for the following purposes:
1) Making changes to simplify and streamline the process by which securities and franchise issuers register offerings of their securities and franchises;
2) Developing new securities registration exemptions or making modifications to existing securities registration exemptions to reflect new legal or interpretive issues under the federal and state securities laws;
3) Adopting new rules or amending existing rules, relating to the securities broker-dealer, agent and investment adviser licensing requirements, procedures and sales practices to effectively regulate new licensing developments that have occurred in the securities industry and marketplace that require regulatory treatment;
4) Making clarifications to any current securities or franchise rule provisions where language is vague or ambiguous.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
The Division's annual rule revision process for 1997 will be particularly important in view of recent federal securities legislation, the National Securities Markets Improvement Act of 1996 (“NSMIA,” enacted October 11, 1996) which preempted state securities law regulatory authority in several respects. In addition to legislative changes that the Division will be proposing during 1997, a number of administrative rule changes will be necessary, particularly with regard to the investment adviser, broker-dealer, and agent licensing rules that are impacted by NSMIA. Additionally, recent U.S. Securities and Exchange Commission rule-making under NSMIA, (most significantly, a comprehensive series of new rules applicable to investment advisers that will become effective July 8, 1997) will require numerous amendments to the existing Wisconsin rules regarding investment adviser licensing requirements.
Statutory authority for the rules:
Sections 551.63 (1) and (2), 553.58 (1) and (2), Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spend by state employes--150 hours. No other resources are necessary.
State Fair Park Board
Subject:
Wisconsin State Fair Park serves the citizens of Wisconsin by providing a permanent location for the annual state fair and other programs of civic interest. Development of this unique park is made possible through procedures enabling the park to be financially self-supporting. Its contractual involvement with private enterprise is consistent with its legislative purpose.
Description of policy issues:
Existing policy and purpose was implemented effective October 1, 1996, to parallel the municipal code with the processing municipality. The current requested revisions address two issues:
1) Section 1, s. SFP 2.07 (3); Section 2, s. SFP 2.16 (4) (b); Section 3, s. SFP 2.16 (5) (b); and Section 4, s. SFP 2.18 are amended to change the legal age from 18 to 17, to coincide with current state and municipal statutes.
2) Section 5, s. SFP 7.02 is amended to repeal the old bond schedule and recreate the new bond schedule to coincide with current processing municipalities.
Statutory authority for rule-making:
SS. 42.01 (1), (2) and (3) and 227.11 (2), Stats.
Estimates of staff time and other resources needed to develop the rules:
Estimated hours of staff time - 126 hours.
Transportation
Subject:
Ch. Trans 300 - Relating to the transportation of schoolchildren.
Description of policy issues:
Description of the objective of the rule:
The proposed rule change to ch. Trans 300, relating to the transportation of schoolchildren, will provide school bus manufacturers flexibility to use alternative materials in the construction process. The current rule has specific requirements for the thickness of metal used in the construction of the floor and rub rails. In addition, several corrections and revisions will also be proposed to allow new safety technologies and make Wisconsin school bus rules more uniform with federal school bus standards.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The Department proposes to allow alternative school bus construction material. The current rule requires specific steel thicknesses for the floor and rub rails. To keep the gross vehicle weight rating (GVWR) at or below 10,000 lbs., the revision would allow “other metal or material with strength at least equivalent to all-steel as certified by the bus body manufacturer.” There are estimated to be 60 buses on order by operators. Without the proposed changes, these buses could not be used in Wisconsin, and schools will start using alternative vehicles (production vans) when the school year begins in August 1997 because of the unavailability of the smaller school buses built to the safer school bus standards.
Statutory authority for the rule:
S. 110.06 (2), Stats.
Estimates of the amount of time that state employes will spend developing the rule and of other resources necessary to develop the rule:
It is estimated that state employes will spend 45 hours on the rule-making process, including research, drafting and conducting public hearing(s).
University of Wisconsin System
Subject:
Ch. UWS 18 - Relating to conduct on University of Wisconsin System lands.
Description of policy issues:
Objectives of the rules:
Under s. 36.11 (1) (c), Stats., the Board of Regents of the University of Wisconsin System has promulgated rules governing conduct on university lands. These rules are enforced by university police officers in accordance with the citation procedure provided under s. 778.25, Stats. The proposed rules would amend existing provisions and create new provisions to address current campus law enforcement problems.
Policy analysis:
The last major revision to these rules was completed in 1991. Since that time, campus police officers have experienced new problems and have recommended that the rules be amended to deal with these situations. The changes would be consistent with modifications in certain state criminal statutes and municipal ordinances. New provisions under the rules would address specified fire safety issues, possession of drug paraphernalia, resisting or obstructing police officers, abuses of telephones, assaultive behavior, the operation of motor vehicles off roadways, misuse of parking permits, damage to computers and related equipment, abuse of computer communication equipment, deposit of human waste, curfew violations by minors, conduct at athletic events and theft of library materials. Inclusion of these new provisions in ch. UWS 18 would allow university police to invoke the citation procedure for enforcement purposes in a manner parallel to that used by municipalities to deal with ordinance violations for similar offenses.
Policy alternatives to the rules:
The principal alternative to the proposal is to make no changes in the rules. If no changes are made, the law enforcement problems listed above either would not be actionable at all, or would have to be addressed through state criminal proceedings. Use of the state criminal process to address these relatively minor offenses is problematic because it is a more complex process than the citation process, and because using it places additional burdens on other law enforcement agencies and officials. Further, invoking the criminal process can lead to inequitable treatment of individuals charged with misconduct, since a person apprehended on university lands may be charged with a crime, while the same offense could be treated as an ordinance violation if it occurred in the neighboring municipality.
Statutory authority for the proposed rules:
Section 36.11 (1) (c), Stats.
State employe time required for development of the rules:
It is estimated that the amount of state employe time required to develop the rule will be at least 80 hours.
Workforce Development
Subject:
S. DWD 272.14 - Relating to minimum wage--displacement.
Description of policy issues:
Description of the objective of the rule:
This rule is being adopted to insure that a person cannot be displaced from a job by an employer whose sole purpose in displacing that person is to enable that employer to hire another employe and pay that new employe the opportunity wage, which is less than the minimum wage.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Prior to the adoption of the emergency rule on the minimum wage, effective October 1, 1996, the minimum wage contained neither an opportunity wage nor displacement language. Before October 1, 1996, the minimum wage contained a probationary wage that could be applied one time, and which lasted for a total of ninety (90) days. It also had a minor minimum wage for all those employes under the age of 18.
The opportunity wage adopted in the emergency rule effective October 1, 1996, as well as the second emergency rule adopted effective June 1, 1997, allows employers to pay their new employes under the age of twenty (20) less than the minimum wage a period of ninety days. It also allows employes under the age of 20 to earn the minimum wage after they have served their ninety day time period as long as they stay with the same employer. It allows employers to train and evaluate the performance of their new employes for a three month period of time. The new language will prevent employers from taking advantage of the opportunity wage to displace other employes.
Both the opportunity wage and this displacement provision are modeled on provisions in the Federal Fair Labor Standards Act.
Statutory authority for the rule:
SS. 103.005 (1), 103.02 and 104.04, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
4 hours
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Health and Family Services
Rule Submittal Date
On June 13, 1997, the Department of Health and Family Services submitted to the Wisconsin Legislative Council Rules Clearinghouse a proposed rule affecting ch. HSS 163, relating to certification for lead abatement, other lead hazard reduction and lead management activities, and accreditation of training courses.
Analysis
Statutory authority:
Sections 254.176 (1) and (3), and 254.178 (2), Stats.
Reason for rules, intended effects, requirements:
This order amends the Department's lead (Pb) worker and supervisor certification and training course accreditation rules to add certification requirements for lead inspectors, risk assessors and project designers; accreditation requirements for training courses for these new disciplines; and fees for accreditation of all training courses for persons required to be certified.
The order also:
▦ Rearranges part of ch. HSS 163, in particular by moving training course and instructor requirements that are currently partly in Appendix A into the rules proper where there are other training course and instructor requirements, leaving only training course topics in Appendix A;
▦ Rephrases to whom the certification requirement applies: namely, to persons performing any of the identified activities involving target housing [pre-1978, with exclusions but an exception to exclusions for child-occupied facilities];
▦ Increases the maximum interval between required training;
▦ Adds approval of training managers; and
