Rules adopted revising ch. Trans 300, relating to school buses.
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 safety. The amendments are needed to assure that school bus operators can purchase school buses manufactured using the latest in construction technology and providing equal strength and safety. Currently, there are estimated to be 60 buses on order by operators. Without this emergency rule, these buses could not be used in Wisconsin when the school year begins in August 1997. Therefore, schools will start using alternative vehicles (production vans) because of the unavailability of the smaller school buses built to the safer school bus standards.
Publication Date:
July 1, 1997
Effective Date:
July 1, 1997
Expiration Date:
November 29, 1997
Hearing Date:
August 26, 1997
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Economic Support, Chs. DWD 11-59)
Rules were adopted creating ch. DWD 12, relating to Wisconsin Works program.
Exemption From Finding of Emergency
The Legislature in s.275(3) of 1995 Wis. Act 289 permitted the Department to promulgate the rules required under ss. 49.143 to 49.157, Stats., as created by Act 289, by using emergency rulemaking procedures but without having to make a finding of emergency.
Analysis Prepared by the Department of Workforce Development
Wisconsin Works (W-2), the replacement program for the Aid to Families with Dependent Children (AFDC) program, is based squarely on work. Rather than offering welfare checks to those who do not work, as AFDC does currently, W-2 offers participants the opportunity to move into the work world and become self-sufficient through employment.
These rules provide the administrative framework under which the Department will implement a W-2 pilot program in two counties, Fond du Lac and Pierce, effective March 1, 1997. As the pilot counties for the Work Not Welfare program which began January 1, 1995, these two counties have had experience in implementing major welfare reform efforts. The W-2 program includes work opportunities, job access loans, education and training activities to enhance employability, intensive case management, child care and child support enforcement and other employment supports such as transportation assistance and access to health care services under the Medical Assistance program.
Wisconsin Works (W-2) was authorized through enactment of 1995 Wis. Act 289 which Governor Thompson signed into law on April 25, 1996. Under s.49.141(2)(b), Stats., if a federal waiver is granted or federal legislation is enacted, the Department of Workforce Development could begin to implement W-2 no sooner than July 1, 1996 and must fully implement the W-2 program statewide in September 1997. The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) was signed into law on August 22, 1996. It creates the Temporary Assistance for Needy Families (TANF) program which ends the entitlement program under Title IV-A of the Social Security Act and creates a block grant program under which states receive monies to provide cash and other benefits to help needy families support their children while at the same time requiring families to participate in work program activities which will help them become self-sufficient. In general, a state may not use any part of the TANF grant to provide assistance to a family for more than 60 months.
States must ensure, under section 114 of P.L. 104-193, that families who meet the AFDC eligibility requirements in effect on July 16, 1996, have access to Medical Assistance. Wisconsin has not yet obtained the necessary waivers or federal legislation that would allow the implementation of the W-2 health plan. Therefore, W-2 participants who meet the July 16, 1996, AFDC eligibility requirements or are eligible under s.49.46 or 49.47, Stats., and the implementing administrative rules, Chs. HFS 101-108, administered by the Department of Health and Family Services, may apply and be determined eligible for Medical Assistance.
Under W-2, there will be a place for everyone who is willing to work to their ability. The program is available to parents with minor children, low assets and low income who need assistance in becoming self-sufficient through employment. The W-2 program provides cash benefits only for those individuals who participate in W-2 employment and training activities. W-2 agencies have the option, for participants in a community service job or a transitional placement, to aggregate education and training hours for approved programs to allow an individual to participate in education and training activities for more than 10 or 12 hours per week within the first few months of participation. Each eligible W-2 applicant will meet with a Financial and Employment Planner (FEP) who will help the individual develop a self-sufficiency plan and determine their place on the W-2 employment ladder. The ladder consists of four levels of employment options, in order of preference: unsubsidized employment; subsidized employment through a trial job for those participants who need minimal assistance but where unsubsidized employment is not available; a community service job for those participants who need to practice work habits and skills necessary to move into unsubsidized employment; and transitional placement for those unable to perform independent, self-sustaining work. Individuals placed in a trial job will receive wages from an employer. Individuals placed in a community service job will receive a monthly benefit of $555 and individuals placed in a transitional placement will receive a monthly benefit of $518. W-2 participants are limited to 24 months in a single subsidized employment position category. Extensions may be granted on a limited basis when local labor market conditions preclude opportunities or when the participant has significant barriers which prevent him or her from obtaining unsubsidized employment. Child care is available for those individuals who have children under the age of 13 and need child care in order to work or participate in a W-2 employment position. The W-2 program will be administered by contracted agencies which may include counties, tribal agencies and private agencies in geographic areas determined by the Department.
These are the rules for implementation of the Wisconsin Works program. The rules include eligibility requirements for those individuals applying for a W-2 employment position or child care, time-limited benefits for participants in W-2 employment positions, good cause for failure or refusal to participate in W-2 employment positions or other required employment and training activities, how sanctions are applied for failure to meet the W-2 employment position participation requirements, and school attendance requirements under the Learnfare program for the children of W-2 employment position participants.
Publication Date:
March 1, 1997
Effective Date:
March 1, 1997
Expiration Date:
July 29, 1997
Hearing Dates:
May 21 & 28, 1997
Extension Through:
September 27, 1997
Statements of Scope of Proposed Rules
Natural Resources
Subject:
Ch. NR 10 - Relating to changes needed to reflect the changes in 1997 Wis. Act 1 (fee package), pertaining to the hunting of bear.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
In addition to a few housekeeping changes reflecting wording changes, the Department will be seeking approval to create for the bear hunters the ability to apply as a group for a Class A bear license. (The old harvest permit). 1997 Wis. Act 1, created an exemption to s. 29.245, the shining law, which allows a person to possess a weapon and shine bear after 10:00 p.m. for educational purposes. The Department will determine who is eligible by creating a definition for educational purposes and be asking for permit authority to control who can obtain this authorization to shine bear with a weapon.
The Wisconsin Bear Hunters Association and the Conservation Congress are interested in this issue.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
The Department has never provided the opportunity for bear hunters to apply as a group. The bear hunting organization has asked the Department to do so and the Department thinks it is a good idea. The Department will follow the procedures as used for turkey hunting. Until this last legislative change, the Department has not authorized anyone to possess a weapon and shine bear over a bear bait. The legislative intent was to create an exemption for an eco-tourism activity occurring in the north, whereas people hire a person to take them out to photograph bear at night. The exemption to possess a firearm while shining is for self-protection and a guaranteed right in the Constitution.
Statutory authority:
1997 Wis. Act 1
Anticipated time commitment:
The anticipated time commitment is 16 hours and 15 minutes. Two public hearings are proposed to be held in January 1998, one in the north and one in the south.
Natural Resources
Subject:
NR Code - Relating to requesting NRB authority to adopt emergency and permanent rules to implement private forest landowner grant program.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
The rules will provide guidance for implementing the forestry grant program as authorized in the 97-98 budget bill. Upon enactment, the Statute will authorize grants to private forest landowners to implement forest stewardship management plans that “protect and enhance soil and water quality; endangered, threatened or rare forest communities; the growth and maintenance of the forest; habitat for fish and wildlife, and; the recreational, aesthetic and environmental benefits that the forest land provides.”
Private, non-industrial, forest landowners (totally over 225,000) will benefit from the provisions of this law that provide financial assistance for long-term investments in resource management. Others interested will be private consulting and industrial foresters who work with landowners, private tree and shrub nurseries who provide plant materials, as well as, contractors who implement the practices (i.e. tree planters and installers of erosion and stream protection structures). The County Land & Water Conservation Departments also have an interest, as they will be involved in administering the grants at the local level and providing technical assistance to landowners. The workload of DNR foresters and other resource managers will be impacted, although any additional work is offset by the loss in recent years of federal funds for these purposes.
It is expected that there will be little, if any, opposition to adoption of these rules.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
Since the proposed rules implement new legislation, they do not represent a change in policy.
The need for the rules stems from new legislation which will provide state funding for forest management and conservation practices. The rules establish a preference and award system that will be fair and equitable.
Statutory authority:
SS. 23.097 (2), 23.11, 28.07 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 351 hours. Two public hearings are proposed to be held in November 11, 1997 in Madison and Wausau.
Natural Resources
Subject:
S. NR 485.04 - Relating to revision to Table 1 “Emission Limitations for the Transient Emission Test”. The objective of the proposed rule is to relax the final phase of emission limitations for some groups of older motor vehicles to ensure that the limitations are more closely related to the emission levels which the vehicles are reasonably capable of achieving and maintaining.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
The policy issues that need to be resolved are:
1) Determining the level of emission limitations that would achieve a balance between reducing ozone-forming emissions and avoiding costly and ineffective repairs on vehicles that exceed the limitations.
2) Determining whether the final phase emission limitations should be phased-in on a longer schedule (beyond December, 1997) to further minimize the risk of costly and ineffective repairs.
Staff from the Departments of Natural Resources and Transportation are currently looking at options and alternatives for resolving these issues. Staff from these two Departments have also discussed the proposed revision with vehicle manufacturers, the vehicle repair industry, environmentalists, technical college personnel. They all support relaxing the final phase of emission limitations for older vehicles.
The groups likely to be impacted or interested in the proposed rule are owners of motor vehicles subject to the emission inspection program and the vehicle repair industry in the seven southeastern Wisconsin counties of the program area (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha counties).
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The proposed rule will not impose requirements on any previously unregulated source. It will only relax the final phase of emission limitations for some of the motor vehicles already subject to the requirements of the motor vehicle emission inspection program.
Since the current rule requires the final phase of emission limitations to take effect December 1, 1997, an emergency rule is needed to complete the revision by that date. An identical permanent rule will be processed in parallel. Preservation of the public welfare necessitates the adoption of an emergency rule since recent technical information indicates that a large proportion of older vehicles cannot reasonably maintain emissions in compliance with the final phase emission limitations. The repairs which would need to be done on older vehicles attempting to comply with these limitations would often be costly and ineffective in keeping emissions low.
Statutory authority:
SS. 227.11 (2) (a), 285.11 (1) and 285.30 (2), Stats.
Anticipated time commitment:
The anticipated time commitment is 370 hours. One or two public hearings are proposed to be held in December, 1997 in Milwaukee.
Natural Resources
Subject:
Ch. NR 113 - Relating to septage management.
Description of policy issues:
Description of policy issues to be resolved, (include groups likely to be impacted or interested in the issue):
The Department seeks modification to the restrictions placed on land application of septage on frozen or snow-covered ground, and other generally minor clerical corrections. Impacted groups include the pumpers who service such systems, wastewater treatment plants, homeowners and environmental groups.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
