1999 Wis. Act 9 appropriated $5,000,000 to be awarded by the department to eligible school districts or consortia of school districts in the 2000-2001 school year. Emergency rules are necessary to clarify the eligibility criteria and procedures for school districts or consortia of school districts to apply for funds under the program.
The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.
Publication Date:
January 28, 2000
Effective Date:
January 28, 2000
Expiration Date:
June 26, 2000
Hearing Dates:
March 9, 14 & 15, 2000
5. Rules adopted creating s. PI 6.07, relating to the public library system aid payment adjustments.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
In accordance with s. 43.24 (1)(b), Stats., the rules adjust public library aid payments to be consistent with system services areas after territorial changes occur. Using the formula created under the rule, an aid adjustment will be paid by the department in April for a territorial change. Emergency rules must be in place before the formula may be used.
Publication Date:
March 4, 2000
Effective Date:
March 4, 2000
Expiration Date:
August 1, 2000
Hearing Date:
April 4, 2000
6. Rules adopted revising ch. PI 32, relating to grants for alcohol and other drug abuse programs.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
For the upcoming school year, the department will send grant application materials to school districts in March. Grant applications must be returned to the department in the spring of 2000 and grants will be awarded prior to July 1, 2000. In order for applicants to development proposals and for the state superintendent to review the proposals and make grant awards in time for the 2000-2001 school year, rules must be in place as soon as possible.
Publication Date:
March 4, 2000
Effective Date:
March 4, 2000
Expiration Date:
August 1, 2000
Hearing Dates:
March 6 and 8, 2000
EMERGENCY RULES NOW IN EFFECT
Public Service Commission
Rules adopted amending s. PSC 116.03(4) and creating s. PSC 116.04(6), relating to the definition of fuel and permissible fuel costs.
Finding of Emergency
In order to preserve the health, safety, and welfare of Wisconsin residential, commercial and industrial ratepayers it is necessary to amend ch. PSC 116 Wis. Adm. Code. Amending the definition of “fuel" in s. PSC 116.03(4) and creating s. PSC 116.04(6) would allow investor-owned utilities the ability to incorporate the cost of voluntary curtailment into the cost of fuel to increase the reliability of electric service in Wisconsin for the summer of 2000 and beyond. This change would assist in implementing the requirement of 1999 Wis. Act 9, s. 196.192(2)(a), Stats.
Publication Date:
June 5, 2000
Effective Date:
June 5, 2000
Expiration Date:
November 2, 2000
EMERGENCY RULES NOW IN EFFECT
Revenue
Rules were adopted revising ch. WGC 61, relating to the implementation and maintenance of the retailer performance program of the Wisconsin lottery.
Finding of Emergency
The Department of Revenue 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 constituting the emergency is:
Sections 565.02 (4)(g) and 565.10 (14)(b)3m., Stats., as created by 1999 Wis. Act 9, provide for the implementation of a retailer performance program, effective January 1, 2000. The program may be implemented only by the promulgation of rules.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. The retailer performance program is being implemented retroactively to January 1, 2000, pursuant to Section 9443 (1) of 1999 Wis. Act 9.
Publication Date:
March 3, 2000
Effective Date:
March 3, 2000
Expiration Date:
July, 31, 2000
Hearing Date:
May 31, 2000
EMERGENCY RULES NOW IN EFFECT
Wisconsin Technical College System
Rules adopted creating ch. TCS 16, relating to grants for students.
Finding of Emergency
The Wisconsin Technical College System (WTCS) 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 facts constituting the emergency is:
1999 Wis. Act 9 (the 2000-2001 biennial budget bill) took effect on October 29, 1999. That act created ss. 20.292(1)(ep) and 38.305, Stats. An annual appropriation of $6,600,000 GPR in the second fiscal year of the 2000-2001 biennium was established. These funds are to be awarded by the WTCS Board as grants to students who are attending a Wisconsin technical college on a full-time basis and who are enrolled in a vocational diploma or associate degree program.
The Act requires the WTCS Board to promulgate rules to implement and administer the awarding of these grants. The Board has begun the permanent rule making process for establishing administrative rules for these student grants, but cannot complete the required public hearing and review of these rules prior the start of the upcoming school year, which begins on July 1, 2000. Moreover, prospective students evaluate their educational options, including costs, as early as February preceding their graduation from high school. Therefore, for the TOP Grant program to be implemented and the funds distributed to each technical college district, and in turn to each eligible student, in time for the upcoming school year, emergency administrative rules must be established immediately.
Publication Date:
February 1, 2000
Effective Date:
February 1, 2000
Expiration Date:
June 30, 2000
Hearing Date:
May 1, 2000
EMERGENCY RULES NOW IN EFFECT (2)
Transportation
1. Rules adopted revising ch. Trans 4, relating to requiring the use of a fully allocated cost methodology when evaluating bids solicited for transit service in a competitive process.
Exemption From Finding of Emergency
Chapter Trans 4 establishes the Department's administrative interpretation of s. 85.20, Stats. and prescribes administrative policies and procedures for implementing the state urban public transit operating assistance program authorized under s. 85.20, Stats. 1999 Wis. Act 9, section 9150(2bm), requires the Department to adopt an emergency rule to amend Chapter Trans 4 by adding a section that requires that cost proposals submitted by a publicly owned transit system in response to a request for proposals issued by a public body for the procurement of transit services to be funded under the state urban transit operating assistance program must include an analysis of fully allocated costs. The analysis must include all of the publicly owned system's costs, including operating subsidies and capital grants. This analysis shall be the basis for evaluating costs when ranking proposals.
Pursuant to 1999 Wis. Act 9, section 9150(2bm)(b), the Department is not required to provide evidence that the rule is necessary for the preservation of the public peace, health, safety or welfare, and is not required to provide a finding of emergency.
Publication Date:
December 12, 1999
Effective Date:
December 12, 1999
Expiration Date:
July 1, 2000
Hearing Date:
February 14, 2000
2. Rule adopted creating s. Trans 4.09 (4), relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance program.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that the rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is as follows:
1999 Wis. Act 9 specifies that the Department may not enter into a contract for the payment of state aids until cost-efficiency standards have been incorporated into an administrative rule, which is “in effect" for calendar year 2000 contracts, and unless the contract requires the transit system to comply with those rules as a condition of receiving state aid. The Department is promulgating this emergency rule making so that state aid contracts can be executed prior to the scheduled first quarter payment date (March 31) in calendar year 2000 to ensure that payments are not delayed causing undue hardship to Wisconsin municipalities.
Publication Date:
March 23, 2000
Effective Date:
March 23, 2000
Expiration Date:
August 20, 2000
Hearing Date:
April 12, 2000
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Economic Support, Chs. DWD 11-59)
Rules adopted creating s. DWD 12.28, relating to Wisconsin works disregard of year 2000 census income.
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, or welfare. A statement of facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to establish additional eligibility criteria and specify how eligibility criteria are to be administered for the Wisconsin Works (W-2) program. The department is promulgating a rule to exclude income earned from temporary employment with the U.S. Census Bureau in determining W-2 and child care eligibility and child care copayments. The rule will contribute to the welfare of the people of Wisconsin by broadening the pool of available workers to help ensure an accurate Census count, particularly in low-income neighborhoods. The rule must be effective immediately because temporary Census employment is expected to begin April 2000 and last two to six months. DWD will not be seeking a permanent rule on this issue.
Publication Date:
April 9, 2000
Effective Date:
April 9, 2000
Expiration Date:
September 6, 2000
Hearing Date:
May 15, 2000
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Prevailing Wage Rates, Ch. DWD 290-294)
A rule was adopted revising s. DWD 290.155, relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
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, or welfare. A statement of facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to annually adjust thresholds for the application of prevailing wage laws on state or local public works projects. The thresholds are adjusted in accordance with any change in construction costs since the last adjustment. The last adjustment was by emergency rule in January 1999 based on construction costs in December 1998. The Department uses the construction cost index in the December issue of the Engineering News-Record, a national construction trade publication, to determine the change in construction costs over the previous year. The current construction cost index indicates a 2.3% increase in construction costs over the previous year. This increase in construction costs results in an increase in the threshold for application of the prevailing wage laws from $33,000 to $34,000 for single-trade projects and from $164,000 to $168,000 for multi-trade projects.
If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six months, until the conclusion of the permanent rule-making process. Between January 1, 2000, and July 1, 2000, a single-trade project with a minimum estimated project cost of more than $33,000 but less than $34,000 or a multi-trade project with an estimated cost of more than $164,000 but less than $168,000 would not be exempt from the prevailing wage laws, as they would be if the emergency rule were promulgated. The threshold adjustments for application of the prevailing wage laws are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process. The Department is proceeding with this emergency rule to avoid imposing an additional administrative burden on local governments and state agencies.
