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.
Chapters NR 108 and 811 are modified primarily to ensure conformance of definitions between all codes addressing community water systems. Other changes correct old errors, or provide greater clarify and/or flexibility in existing requirements.
Modifications to ch. NR 114 are in response to SWDA requirements that small non-municipal water systems be operated by a certified person. A new subchapter added to ch. NR 114 requires these systems to be operated by a person who completes a training course, passes a written examination and obtains 6 hours of continuing education credits every 3 years.
Modifications to ch. NR 809 include:
Consumer confidence regulation: This regulation establishes a requirement for all public community water systems to issue a water quality report annually.
Disinfectant/disinfectant by-products regulation: In addition to new and revised MCLs, this regulation establishes new monitoring for disinfectant by-products and disinfectant by-product precursors. The most significant increased monitoring will occur in systems that utilize a surface water source. Additionally, all groundwater systems that disinfect will experience some increase in monitoring under this regulation.
Interim enhanced surface water treatment regulation: This regulation affects surface water systems and systems using groundwater under the direct influence of surface water. This rule will strengthen microbial protection by establishing removal requirements for Cyptosporidium through the filtration process, reducing allowable finished water turbidity levels, requiring monitoring of individual filter performance and by establishing disinfection profiling and benchmarking provisions.
Variance and exemption regulation : This regulation creates a new affordability-based small systems variance, which may be granted by a state to a public water system serving fewer than 3,300 persons, or, with the approval of EPA's administrator, to a system serving 3,301 – 10,000 persons.
Restricted microbiological analytical methods and direct lab reporting: The first change would require all samples collected to establish compliance with the total coliform MCL be analyzed using a single method. Direct reporting would require laboratories to transmit results of compliance samples directly to the Department and the facility concurrently.Additionally for positive results, which indicate a potential public health threat, laboratories would be required to transmit the results to the Department and the facility within 24 hours of obtaining the result.
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: Mobile home parks, condo developments and apartment complexes that have their own water supply system.
b. Descriptions of reporting and bookkeeping procedures required: Customers must be provided with an annual water quality report. Certified operators will be required to document attendance at training sessions.
c. Description of professional skills required: Skills to become a certified operator. Otherwise no new skills required.
Environmental Assessment
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
February 14, 2000 Pinery Room
Monday Public Library
at 1:00 p.m. 1001 Main Street
Stevens Point, WI
February 15, 2000 Lounge
Tuesday Winnebago Co. Courthouse
at 1:00 p.m. 415 Jackson Ave.
Oshkosh, WI
February 16, 2000 Gov. Thompson Fish Hatchery
Wednesday 951 W. Maple
