Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
Extension Through:
November 26, 1999
2. Rules adopted creating ch. NR 328, relating to regulation of water ski platforms and water ski jumps.
Analysis by the Department of Natural Resources
Statutory authority: ss. 30.135, 227.11 (2) (a) and 227.24
Statutes interpreted: ss. 30.66, 30.69 and 30.135
Chapter NR 328 describes the conditions where a water ski jump or platform will require a permit. It explains what constitutes a substantive written objection to a water ski jump or platform and provides a list of reasons that support a substantive written objection. It specifies the contents of a public notice and the process for making a substantive written objection. It details how the department will respond to complaints about an existing water ski jump or platform.
These rules were promulgated as emergency rules at the direction of the joint committee for review of administrative rules.
Publication Date:
July 9, 1999
Effective Date:
July 9, 1999*
Expiration Date:
December 6, 1999
*Rule suspended by Joint Committee for Review of Administrative Rules on July 5, 1999.
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
Rules adopted creating ch. NR 746, relating to sites contaminated with petroleum products from petroleum storage tanks.
Finding of Emergency
The Wisconsin Natural Resources Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts contributing to the emergency is:
The Department of Commerce has adopted administrative rules under ss. 101.143 and 101.144, Stats., to implement the Petroleum Environmental Cleanup Fund Act (PECFA). The purpose of PECFA is to reimburse responsible persons for the eligible costs incurred to investigate and remediate petroleum product discharges from a petroleum product storage system or home oil tank system. The recent emergency rule, ch. Comm 46, was adopted by both the Department of Natural Resources and the Department of Commerce in January 1999, incorporating parts of a Memorandum of Understanding between the two agencies that relates to the classification of contaminated sites and creating risk screening criteria for assessing petroleum-contaminated sites. However, ch. Comm 46 expired on September 27, 1999, prior to publication of the permanent rule. The emergency rule, ch. NR 746, is being proposed in order to ensure rules continue in effect during the time period between now and when the permanent rule is published. This action is also in response to a resolution adopted by the Joint Committee for Review of Administrative Rules (JCRAR), which directed the Department of Commerce and the Department of Natural Resources to promulgate a new emergency rule for this interim time period.
The emergency rule was approved and adopted by the State of Wisconsin Natural Resources Board on September 29, 1999.
Publication Date:
October 20, 1999
Effective Date:
October 20, 1999
Expiration Date:
March 18, 2000
Hearing Date:
November 18, 1999
EMERGENCY RULES NOW IN EFFECT
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
Extension Through:
December 21, 1999
Statements of Scope of Proposed Rules
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Subject:
NR Code - Relating to fishing regulation changes through the (Spring 2000) Fish and Wildlife Hearings.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Not known at this time.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Generally, proposed rule changes represent a change in policy (i.e. administrative rules).
Statutory authority:
Section 29.014, Stats.
Anticipated time commitment:
The anticipated time commitment is 254 hours. Public hearings are proposed to be held in every county of the state (72 locations) in April 2000.
Psychology Examining Board
Subject:
Psy Code - Relating to defining the terms “working day” and “in this state” for the purposes of the temporary practice provision found at s. 455.03, Stats.
Description of policy issues:
Objective of the rule:
Under s. 455.03, Stats., a psychologist who is licensed in another state may offer services as a psychologist in this state for not more than 60 working days in any year without holding a Wisconsin license. The objective of the rule would be to clarify that a “working day” is any day in which any psychological services are provided, regardless of the number of hours in that day that practice occurs. The rule would also make it clear that practice occurs in Wisconsin any time that the patient is located in Wisconsin, even if the out-of-state psychologist is located in his or her state of licensure and is providing the services by electronic or telephonic means.
Policy analysis:
There has been confusion in the past related to the temporary practice provision of the psychology practice act, with persons practicing under the provision seeking to clarify whether “60 working days” means 4870 hours or 60 calendar days. Also causing confusion is the situation where an out-of-state psychologist provides some services to a patient at a time when both are located within this state and some services to that patient when the patient is located in Wisconsin and the psychologist is located in his or her state of licensure. The proposed rule would be considered to be practicing in Wisconsin any time the patient is located in this state.
Statutory authority:
SS. 15.08 (5) (b), 227.11 (2) and 455.08, 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:
50 hours.
Workforce Development, Dept. of
(Labor Standards, Chs. DWD 270-279)
Subject:
SS. DWD 270.085 and 272.086 - Relating to student activities that do not constitute employment.
Description of policy issues:
Objective of the rule:
The objective of the proposed rule is to set certain conditions under which student activities within a school are not considered employment for purposes of child labor and minimum wage laws.
Existing policies and new policies included in the proposed rule and an analysis of policy alternatives:
The current state administrative rules on labor standards and child labor do not contain specific provisions on the status of students who perform services such as helping in the lunchroom or minor clerical work in the school office or library. The field operations handbook of the Wage and Hour Division of the U.S. Department of Labor provides that student activities of this type should not be treated as employment under the wage and hour laws as long as certain conditions are met.
This rule proposes to adopt the federal standards and provide that a student activity will not be treated as employment if the activity has an educational benefit for the student, does not add more than one hour to the school day, and does not cause the displacement of a regular employe.
Statutory authority for the proposed rule:
SS. 103.66 and 104.04, Stats.
Estimate of the amount of time employes will spend developing the proposed rule and of other resources needed to develop the rule:
Approximately 40 hours.
Submittal of Rules to Legislative Council Clearinghouse
