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. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
The foregoing rules are approved and adopted by the Natural Resources Board on August 27, 1997.
Publication Date:
September 12, 1997
Effective Date:
September 12, 1997
Expiration Date:
February 10, 1998
Hearing Date:
October 27, 1997
EMERGENCY RULES NOW IN EFFECT
Public Defender
A rule was adopted amending s. PD 3.038 (2), relating to the calculation of indigency.
Finding of Emergency
The State Public Defender Board finds that an emergency exists and that the following rule is necessary for the immediate preservation of the public peace, health, safety or welfare. The statement of facts constituting the emergency is as follows:
The following emergency rule establishes the criteria to be used when determining whether a participant in the Wisconsin works (W-2) program qualifies for public defender representation. W-2 replaces aid to families with dependent children (AFDC) and, pursuant to s.49.141 (2) (b), Stats., goes into effect on September 1, 1997. Although the Office of the State Public Defender (SPD) has rules governing eligibility for public defender representation of AFDC participants, it does not have rules governing the eligibility of W-2 participants. Because W-2 goes into effect on September 1, 1997, and it will be several months before a permanent rule is in place, it is essential that the following rule be promulgated as an emergency rule.
Publication Date:
September 15, 1997
Effective Date:
September 15, 1997
Expiration Date:
February 13, 1998
Hearing Date:
October 27, 1997
EMERGENCY RULES NOW IN EFFECT
State Fair Park Board
Rules adopted revising chs. SFP 2 and 7, relating to regulation of activities at the state fair park and revising bond schedule.
Finding of Emergency
The Wisconsin State Fair Park Board finds that an emergency exists and that the adoption of rules is necessary for the immediate preservation of the public peace, health, safety and welfare of its citizens. The facts constituting this emergency are as follows:
During the annual State Fair, which is scheduled to begin on July 31, 1997, the Wisconsin State Fair Park is host to over 100,000 people per day and millions of dollars in merchandise and property. Initially, chapters SFP 1-7 were designed primarily to protect the property of the State Fair Park.
However, crime patterns at the State Fair Park have changed dramatically since those rules werc adopted in 1967. With the increases in attendance and number of events in the intervening years, the number and severity of crimes against State Fair visitors, patrons, and property have necessarily increased. Also, a general rise in gang-related activity at Park events and during skating hours at the Pettit National Ice Center has occurred over the last several years. Consequently, there is a greater need for Park Police Department arrest authority on the Park grounds in order to ensure prosecutorial cooperation by Milwaukee County.
Due to excessive workloads, the Milwaukee County District Attorney's Office and the Milwaukee County Circuit Court system are reluctant to process and charge offenders for relatively minor property-type acts prohibited under the current SFP rules. Area and suburban Milwaukee County Police Departments have alleviated similar problems by conforming their ordinances to the county and state codes, authorizing their Police Departments to make lawful standing arrests for acts which the county will prosecute.
The State Fair Park Board seeks the same level of cooperation from Milwaukee county by conforming its rules to the county code. Therefore, these proposed emergency rules prohibit such activities as loitering, spray painting, theft, battery, and resisting/obstructing an officer, as well as various weapons prohibitions. There is also included provisions to protect the police horses which are not only an integral part of Park enforcement but are also a major public relations tool. With these changes, the Park administration can ensure a safe and family-oriented environment at this year's State Fair and other Park events. It is necessary to use the emergency rule for processing the proposed rule change to Administrative Code, reference to the bail bond schedule, section 5, s. SFP 7.02. Section 5, s. SFP 7.02 is amended to repeal the old bond schedule and recreate the new bond schedule to align the bond code with the corresponding section in the Wisconsin Administrative Code to take effect before the 1997 Wisconsin State Fair begins on July 31, 1997.
The State Fair Park Board has begun the permanent rule process but the normal process will take between 6 and 9 months to complete. It is imperative to have these rules in place by the time of the 1997 State Fair.
These rules are therefore adopted as emergency rules to take effect upon publication in the official state newspaper and filing with the Secretary of State and the Revisor of Statutes as provided in s. 227.24 (1) (c), Stats.
Publication Date:
August 1, 1997
Effective Date:
August 1, 1997
Expiration Date:
December 30, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Transportation
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
Veterans Affairs
Rules were adopted revising ch. VA 12, relating to the personal loan program.
Exemption From Finding of Emergency
1997 Wis. Act 27, s. 9154 authorizes the department to promulgate rules for the administration of the personal loan program using the emergency rule procedures without providing evidence of the necessity of preservation of the public peace, health, safety or welfare.
Analysis
By repealing and recreating ch. VA 12, Wis. Adm. Code, the department establishes the underwriting and other criteria necessary for the administration of the personal loan program. The personal loan program was authorized by the legislature and governor through the amendment of s 45.356, Stats., upon enactment of 1997 Wis. Act 27.
Publication Date:
October 17, 1997
Effective Date:
October 17, 1997
Expiration Date:
March 17, 1998
Statements of Scope of Proposed Rules
Commerce
Subject:
Ch. Comm 7 - Relating to explosive materials.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to update the provisions of the Department's administrative rules relating to explosive materials. An advisory council will be formed to review the rules and identify potential rule revisions.
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 current rules of ch. Comm 7 are based on federal regulations issued by the Bureau of Alcohol, Tobacco and Firearms. The rules cover the manufacture, storage and use of explosive materials, including the regulation of blasting resultants. Because it has been several years since ch. Comm 7 was revised, it is anticipated that the review will result in change proposals to bring the rules into conformance with current national standards. Avoiding this update will result in continuing to have rules that are not consistent with currently recognized national standards and practices.
Statutory authority for the rule:
Section 101.15 (2) (e), 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:
The Department estimates that it will take approximately 500 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject:
Ch. ILHR 32 - Relating to public employe safety and health.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to update the provisions of the Department's administrative rules relating to occupational safety and health standards for public employes. This update will include adoption by reference of the current applicable federal standards and may include revision of the confined spaces rules.
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:
Section 101.055, Stats., requires the Department to provide public sector employes with safety and health protection at least equivalent to that afforded to private sector employes under standards adopted by the federal Occupational Safety and Health Administration (OSHA). Currently, ch. ILHR 32 adopts the 1994 edition of the federal OSHA safety and health standards. The proposed rule would adopt the most recent federal OSHA safety and health standards, including new provisions relating to:
⍽ Scaffolds used in construction,
⍽ Exposure to 13 carcinogens,
⍽ Access to employe records,
⍽ Ionizing radiation, and
⍽ Occupational exposure to methylene chloride.
The alternative of not updating ch. ILHR 32 would result in public employes not being provided with safety and health protection equivalent to that afforded to private sector employes.
Statutory authority for the rule:
Section 101.055 (3), 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:
The Department estimates that it will take approximately 400 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Health & Family Services
Subject:
Ch. HFS 89 - Relating to residential care apartment complexes (formerly, Assisted Living Facilities).
