Notice is hereby given that pursuant to s. 165.85(4)(cm)2., Stats., and interpreting s. 165.85(4)(cm)2 a. and b., Stats., the Law Enforcement Standards Board will hold two public hearings at the following dates, times and locations to consider the creation of administrative rules pertaining to model, voluntary standards for law enforcement vehicular pursuits:
An initial hearing will be conducted at the Holiday Inn Motel, 625 West Rolling Meddows Drive, Fond du Lac, on Tuesday, August 17, 1999, from 1 – 4 pm.
An additional hearing will be conducted at the Best Western-Midway Motel, 2851 Hendrickson Drive, Eau Claire, on Wednesday, August 18, 1999, from 1 – 4 pm.
Analysis Prepared by the Training and Standards Bureau, Wisconsin Department of Justice
The following proposed rules create model, voluntary standards for law enforcement vehicular pursuits. They define pursuits; create advisory standards that could be used by any law enforcement agency to determine whether to initiate or continue pursuits; establish law enforcement pursuit driving techniques; and, establish requirements for informing officers of their department's guidelines under s. 346.03(6), Stats.
In addition, they establish curricula for basic and annual recertification training of law enforcement officers related to police pursuit standards, guidelines and driving techniques.
Text of Rule
SECTION 1. Create LES 1.03(18m) to read:
LES 1.03(18m) “Police pursuit" Means an active attempt by a traffic officer in a police vehicle to apprehend one or more occupants of a moving motor vehicle, the operator of which is resisting apprehension by disregarding the officer's visual or audible signal to stop his or her vehicle, increasing the speed of the vehicle or extinguishing the lights of the vehicle.
SECTION 2. Create LES 3.03(7)(a) (intro.) 1. (intro.) a. and b., 2. (intro.) a and b. and 3(intro.) a. through e. to read:
LES 3.03(7)(a)(intro.) A training guide entitled “Use Pursuit Guidelines" shall be approved by the board for subsection (7) and shall include student performance objectives. It shall also include the following model, advisory standards that could be used by any law enforcement agency to determine whether to initiate or continue police pursuit:
1. `Initiation of pursuits.' (intro.) Any law enforcement officer in an authorized vehicle may initiate a pursuit when the subject is attempting to avoid apprehension and any of the following situations are present:
a. The subject has committed or is attempting to commit a crime which involves an actual or threatened action which an officer reasonably believes resulted in or could result in death or great bodily harm to a person or persons; or,
b. The subject, if allowed to escape, is likely to cause injury or death to a person or persons.
2. `Continuation of pursuits.' (intro.) In determining whether or not to continue a pursuit that has been justifiably initiated, officers should consider the following factors:
a. Whether continuation of the pursuit would likely create a danger to the public, officer(s) or subject(s) which is apparently greater than the value of apprehending the subject(s), due to such factors as, but not limited to, road conditions, weather conditions, density of population, severity of the crime and necessity of pursuit by vehicle; and,
b. Whether the vehicle's registration or violator's identification has been established so that later apprehension may be accomplished, and, in the officer's opinion, there is no apparent continuing need for immediate apprehension (per provisions of s. 346.175, Stats.).
3. `Termination of pursuits.' (intro.) Law enforcement officers will terminate vehicle pursuits under any of the following conditions:
a. At any time a supervisor orders termination;
b. When the continuing distance between the pursuing and fleeing vehicles is such that further pursuit is futile;
c. When the pursued vehicle's location is unknown;
d. When the officer's vehicle or emergency equipment malfunctions; or
e. When it is necessary to stop to render aid to an injured person or persons, and no other unit is available to do so.
SECTION 3. Create LES 3.03(7)(b) to read:
LES 3.03(7)(b) A training guide entitled “Use Emergency Vehicle Driving Techniques" shall be approved by the board for subsection (7) and shall include student performance objectives for police pursuit driving techniques.
SECTION 4. Create LES 3.07 (title) (1) to read:
LES 3.07 Minimum standards for recertification training. (1) Minimum standards for recertification training for law enforcement and tribal law enforcement officers shall require that law enforcement and tribal law enforcement officers with exception of those who serve on a temporary or probationary basis shall biennially complete at least 4 hours of training the curriculum of which shall include reference to employer's guidelines provided under s. 346.03(6) Stats. Training may also include achievement of student performance objectives from board approved training guides entitled “Use Pursuit Guidelines" and “Use Emergency Vehicle Driving Techniques" and/or review, for policy development, or applicable research and new technology and/or training to employ new technology.
Initial Regulatory Flexibility Analysis
Proposed rules of the Law Enforcement Standards Board do not affect small businesses.
Fiscal Estimate
There is no fiscal effect.
Contact Person
Dennis Hanson, Director
Training and Standards Bureau
Wisconsin Department of Justice
123 West Washington Avenue
P.O. Box 7070
Madison, WI 53707-7070
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014(1) and 227.11(2)(a), Stats., interpreting ss. 29.011(1) and 29.014(1), Stats., the Department of Natural Resources will hold public hearings the amendment of s. NR 20.12(1), Wis. Adm. Code, relating to the marking and tagging of set or bank poles in inland waters. Current law does not require the marking of any inland set or bank poles. The Department proposes to require each set and bank pole to be marked with a marker staff banded horizontally with alternating black and white markings identical to the way setlines currently must be marked.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial fishers who use set and bank poles.
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: None
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
August 12, 1999 Washington Jr. High School
Thursday 500 W. Washington Street
7:00 p.m. New London
August 13, 1999 Room 365
Friday Southwest Technical Conference Center
at 1:00 p.m. 1800 Bronson Blvd.
Fennimore
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Gary R. Homuth at (608) 266-3244 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal effect.
Written Comments
Written comments may be submitted to Mr. Gary Homuth, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than August 20, 1999. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LE-22-99] and fiscal estimate may be obtained from Mr. Homuth.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 281.12(1), 281.15, 281.19(1), 299.11 and ch. 160, Stats., interpreting ss. 281.12(1), 281.15, 281.19(1), 299.11 and ch. 160, Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 140.10 Table 1 and 140.28(2), Wis. Adm. Code, relating to groundwater quality standards and preventive action limits for toluene and xylene. The proposed amendments would revise the enforcement standards to conform with federal drinking water standards and would revise the preventive action limits for these substances to account for taste and odor concerns. Changes are also proposed to clarify exemption criteria for health and welfare standard exceedances.
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
August 12, 1999 Room 207
Thursday Green Bay City Hall
at 9:00 a.m. 100 N. Jefferson
Green Bay
August 13, 1999 Public Library,
Friday 106 N. Stevens
at 9:00 a.m. Rhinelander
August 16, 1999 Room 185
Monday DNR West Central Region Hdqrs.
at 9:00 a.m. 1300 W. Clairmont, Eau Claire
