Revenue
A rule was adopted creating s. Tax 11.20, relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Exemption From Finding of Emergency
On February 25, 1999, the Joint Committee for Review of Administrative Rules, pursuant to s. 227.26, (2) (b), Stats., directed the Department of Revenue to use the emergency rule making process to promulgate as an emergency rule, within 30 days, its policies interpreting s. 77.54 (26m), Stats.
Analysis by the Department of Revenue
Statutory authority: ss. 227.11 (2) (a) & 227.26 (2) (b)
Statute interpreted: s. 77.54 (26m)
Section Tax 11.20 is created to address the sales and use tax exemptions for waste reduction and recycling activities.
Publication Date:
March 27, 1999
Effective Date:
March 27, 1999
Expiration Date:
August 24, 1999
EMERGENCY RULES NOW IN EFFECT(2)
Workforce Development
(Economic Support, Chs. DWD 11-59)
1. Rules adopted renumbering ss. HFS 55.55 to 55.62 and revising ch. DWD 55, relating to background checks for persons involved with certified day care.
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:
Beginning on October 1, 1998, recently enacted provision in ch. 48, Stats., require the completion of background reviews on caregivers and others who come into contact with clients in the programs operated by caregivers. Although most of these provisions are administered by the Department of Health and Family Services, they also include day care programs certified by the Department of Workforce Development. DWD is adopting this emergency rule so that county and tribal social services agencies and human services agencies will be able to implement the new background review requirements in relation to certified day care programs as they become effective.
Publication Date:
October 1, 1998
Effective Date:
October 1, 1998
Expiration Date:
February 28, 1999
Extension Through:
June 27, 1999
2. Rules adopted renumbering ch. HFS 55 and revising DWD 55, relating to criminal background checks in daycare.
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:
This represents the most recent amended version of this emergency rule which was first adopted on October 1, 1998. Beginning on October 1, 1998, recently enacted provisions in ch. 48, Stats., require the completion of background reviews on caregivers and others who come into contact with clients in the programs operated by caregivers. Although most of those provisions are administered by the Department of Health and Family Services, they also include day care programs certified by the Department of Workforce Development. DWD is adopting this emergency rule so that county and tribal social services agencies and human services agencies and human services agencies will be able to implement the new background review requirements in relation to certified day care programs as they become effective.
Publication Date:
March 26, 1999
Effective Date:
March 26, 1999
Expiration Date:
August 23, 1999
Statements of Scope of Proposed Rules
Commerce
Subject:
Ch. Comm 8 - Relating to mines, pits and quarries.
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 mines, pits and quarries. 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 8 are based on federal regulations issued by the Mine Safety and Health Administration in the Department of Labor. The rules cover openings or excavations in the earth for the purpose of extracting minerals or other materials and the equipment related to processing or manufacturing of ores, aggregates, cements, lime, clay and silica sands in a mine, pit or quarry. Because it has been several years since ch. Comm 8 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:
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 300 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, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject:
Ch. Comm 14 - Relating to fireworks.
Description of policy issues:
Description of the objective of the rule:
The overall objective of the proposed rule is to protect the life, health, safety and welfare of the public and firefighters by creating administrative rules for the proper storage, handling and use of fireworks in or upon the premises of public buildings, places of employment and public thoroughfares.
In developing the proposed fireworks rules, the Department will evaluate the current requirements of s. 167.10, Stats., regarding fireworks activities other than the manufacturing of fireworks. The Department will also identify and evaluate applicable federal regulations for fireworks.
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:
Currently, there are no state administrative rules regarding the storage, handling and use of fireworks after the product has left the manufacturing site. There are federal regulations and minimal state statutes for fireworks outside of the manufacturing plant, but these have not been consolidated into any single document that may be enforced at the local level. Municipalities have been assigned the responsibility to enforce the majority of fireworks regulations. Presently, the lack of state rules leaves a void for some local units of government, as many municipalities do not have the resources to develop local regulations for fireworks.
There are currently national model fire codes and nationally recognized standards relating to fireworks which may be followed or adopted in the proposed rules. The current applicable federal regulations regarding fireworks may be identified and referenced as part of the proposed rules. The proposed rules would provide the local fire officials and law enforcement officials with the necessary tools to perform their duties as assigned by statute.
The alternative of not having the proposed state rules for fireworks is the continued misunderstanding of the current federal regulations and state statutes by retailers, users, the general public and local officials. Inadequate understanding and enforcement of fireworks regulations opens the possibility for personal injury and the loss of life and property from unwanted explosions or fires resulting from the improper storage, handling and use of fireworks. Also, the lack of state rules results in inconsistent enforcement from one municipality to the next.
Statutory authority:
SS. 101.02 (1) and (15) (h) to (j) and 101.14 (1) and (4), 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, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject:
Ch. Comm 46 - Relating to the Petroleum Environmental Cleanup Fund (PECFA) interagency responsibilities.
Description of policy issues:
Description of the objective of the rule:
The Department of Commerce administers the Petroleum Environmental Cleanup Fund (PECFA) under sections 101.143 and 101.144, Stats., to reimburse property owners for eligible costs associated with the discharge of petroleum product from a storage system or home oil tank system and to administer remediations at medium- and low-priority petroleum cleanup sites.
At the request of the Joint Committee for Review of Administrative Rules (JCRAR), Commerce adopted an emergency rule that included provisions for incorporating risk assessment into the remediation of petroleum-contaminated properties and provisions from the Memorandum of Understanding that existed between Commerce and the Department of Natural Resources relating to the classification of sites and statements of policy that affect PECFA sites.
Under this rule-making initiative, Commerce proposes to develop rules that will continue to look at those aspects of risk assessment that could be incorporated in the rule to direct available public funds to the most critical environmental sites.
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 creation of the rule is designed to maximize the use of risk-based corrective action within the provisions of the state groundwater statute. The effect of this rule-making action will be to look at ways that the rules can be modified to incorporate risk analysis, reduce expenditure of public funds on sites which are low environmental and public safety risks and balance fiscal demands on the fund.
Statutory authority:
SS. 101.143 and 101.144, 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:
Development of Rules 100 hours
Public Hearings 40 hours
Summarize Public Hearing
Comments 40 hours
Develop Final Rule for
Submission for
Legislative Review 50 hours
Adoption 10 hours
Total 240 hours
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Subject:
NR Code - Relating to approval of a Wisconsin Grey Wolf Management Plan.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
