Expiration Date:
May 31, 1998
Hearing Date:
December 30, 1997
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
1. Rule adopted creating s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Exemption From Finding of Emergency
1995 Wis. Act 296 establishes authority in the department of natural resources to consider applications for and issue permits authorizing the incidental take of an endangered or threatened species while a person is engaged in an otherwise lawful activity. Section 29.415 (6m) (e), Stats., as created, requires the department to establish by administrative rule a list of organizations, including nonprofit conservation groups, that have a professional, scientific or academic interest in endangered species or in threatened species. That provision further provides that the department then give notification of proposed takings under that subsection of the statutes to those organizations and establish a procedure for receipt of public comment on the proposed taking.
The proposed rule lists a number of organizations the department is familiar with as being interested in endangered and threatened species; a notification procedure to be used to notify them, and others, of a proposed taking; and a public comment procedure to be used for consideration of public comments. The notification procedure is not limited to mail distribution, but is broad to allow other forms of notification, such as electronic mail.
Publication Date:
November 18, 1996
Effective Date:
November 18, 1996
Expiration Date:
See section 12m, 1996 Wis. Act 296
Hearing Date:
January 14, 1997
2. Rules adopted revising ch. NR 10, relating to the 1997 migratory game bird season.
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 were 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
Extension Through:
December 31, 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
Hearing Date:
January 9, 1998
[See Notice this Register]
Statements of Scope of Proposed Rules
Arts Board
Subject:
Chs. AB 1 to 4 - Relating to the criteria and procedures under which the Arts Board shall administer the funds available for grants-in-aid to individual artists and arts organizations.
Description of policy issues:
Description of the objectives of the rule:
The objective of the rule is to establish the criteria and procedures the Arts Board will use to administer its grant programs.
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 rules will create the policies that govern the administration including, including the selection criteria and procedures for awarding the various grants to artists and art organizations made by the Arts Board. By statute the Arts Board is directed to adopt rules for the administration of these grant programs, and therefore there is no alternative other than the creation of rules for the operation of the Arts Board administered grants programs.
Statutory authority for the rule:
The statutory authority for the rule is ss. 44.53 (1) (e), 44.565 (4) and 44.62 (4), Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
The Arts Board estimates that it will take approximately 30 hours of staff time on the rule, which includes discussing the rule with the Board and interested members of Wisconsin's arts community.
Commerce
Subject:
Chs. Comm 18 and ILHR 50-64 and 69 - Relating to elevators and mechanical lifting devices.
Description of policy issues:
