Friday 121 E. Wilson Street
2:00 p.m., or as soon as Madison, WI
the matter may be reached
Written Comments
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Stephen Mueller, OCI, P.O. Box 7873, Madison WI 53707.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41(3), 601.42, & Ch. 612 , Stats.
Statute interpreted: Ch. 612, Stats.
Analysis: The changes to chs. Ins 13 reflect both recent statutory changes to the operation of town mutuals and today's economic realities. This rule increases the number of counties in which a town mutual may do business, extends the fidelity bond requirement table, increases surplus requirements and eliminates obsolete sections on unearned premium reserves.
The change to ch. Ins 50 conforms to the ch. Ins 13 changes and broadens the exemption from filing annual audited financials for some town mutuals.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
Many town mutual insurers are small businesses as defined in s. 227.114, Stats. This proposed rule does not establish different standards for small businesses and does not change the definition of small business. It is possible that additional small town mutuals may qualify for the less stringent compliance and reporting standards previously established by rules of this agency. Representatives of the town mutual association have met with OCI staff and support these changes. Comments of interested persons will be heard at the public hearing on this rule change proposal. Any effect on small business should be beneficial.
Contact Person
Tammi Kuhl, Services Section
Office of the Commissioner of Insurance,
at (608) 266-0110
or at
121 East Wilson Street
PO Box 7873
Madison WI 53707-7873
Notice of Hearing
Law Enforcement Standards Board
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 a public hearing at the following date, time and location to consider the creation of administrative rules pertaining to model, voluntary standards for law enforcement vehicular pursuits.
Hearing Information
The hearing will be conducted at:
Date & Time Location
February 23, 2000 Portage Co. Public Library
Wednesday 1001 Main St.
1:00 P.M. to STEVENS POINT, WI
4:00 P.M.
Analysis Prepared by the Training And Standards Bureau, Wisconsin Dept. 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 s. 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 s. 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) 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.' Any law enforcement officer in an authorized vehicle may initiate a pursuit when the subject is attempting to avoid apprehension.
(Staff Note: Section 1 above is an amendment to proposed rules adopted by the Law Enforcement Standards Board at its December 7, 1999 meeting in response to results of two public hearings It inclusively replaces the following section for initiation of pursuits:
1. `Initiation of pursuits.' 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.' 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.' 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 s. 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 s. LES 3.07 (title) and (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
Proposed rules of the Law Enforcement Standards Board establish voluntary pursuit standards. Law enforcement agencies are not required to comply with the standards or to amend their policies to conform with the standards.
The proposed rules establish a curriculum for biennial training related to vehicular pursuits. As instruction will qualify for inclusion in the annual 24-hour recertification training requirement for each law enforcement officer for which the Department of Justice reimburses expenses, it will not generate any additional training expenses.
The Department of Justice provides staff services for the Law Enforcement Standards Board under s. 165.86, Stats. The current expense of those services will neither increase nor decrease as a result of proposed administrative rules for vehicular pursuits and related training.
There is no state fiscal effect and no local government costs anticipated.
Contact Information
Dennis Hanson, Director
Training and Standards Bureau
Wisconsin Department of Justice
123 West Washington Ave.
P.O. Box 7070
Madison, WI 53707-7070
Notice of Hearings
Natural Resources
(Environmental Protection-General
Chs. NR 100-)
(Environmental Protection-Water
Supply, Chs. NR 800-)
Notice is hereby given that pursuant to ss. 227.11(2)(a), 280.11(1), 281.17(3) and (8) and 281.41(1), Stats., interpreting ss. 280.11(1), 281.17(3) and (8) and 281.41(1), Stats., the Department of Natural Resources will hold public hearings on modifications to chs. NR 108, 114, 809 and 811 and the creation of subch. III, ch. NR 809, Wis. Adm. Code, relating to safe drinking water and waterworks operator certification. U.S. EPA is now promulgating new drinking water regulations mandated by the 1996 Amendments to the Safe Drinking Water Act (SDWA) and will continue to do so over the next several years. As the primacy agent for U.S. EPA in Wisconsin, the Department must adopt and implement regulations at least as stringent as those promulgated by U.S. EPA.
