Expiration Date:
July, 31, 2000
Hearing Date:
May 31, 2000
Extension Through:
September 28, 2000
2. Rules were adopted creating s. Tax 9.69, relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers.
Exemption From Finding of Emergency
Under a nonstatutory provision in 1999 Wis. Act 122, the Department of Revenue is authorized to promulgate an emergency rule. The emergency rule is for the purpose of setting forth the requirements and methods to be used to ascertain the amount of Wisconsin excise tax paid each year on cigarettes of each tobacco product manufacturer that elects to place funds in a qualified escrow fund or, if the department deems it appropriate, is a participating manufacturer under the Master Settlement Agreement between the state and tobacco product manufacturers. The emergency rule shall cover the period from the effective date of 1999 Wis. Act 122, May 23, 2000, to the date a permanent rule becomes effective. (Note: The department is required under s. 895.10 (4), Stats., as created by 1999 Wis. Act 122, to promulgate a rule and is required under a nonstatutory provision to submit a proposed permanent rule to the Legislative Council by September 1, 2000.)
A nonstatutory provision in 1999 Wis. Act 122 provides that the department is not required to provide a finding of emergency or to provide evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare.
The rule is therefore promulgated as an emergency rule without a finding of emergency and without evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The rule shall take effect upon publication in the official state newspaper and shall apply retroactively to sales of cigarettes on or after May 23, 2000, as provided in s. 895.10 (2) (intro.), Stats., as created by 1999 Wis. Act 122. Certified copies of this rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
August 17, 2000
Effective Date:
August 17, 2000
Expiration Date:
January 14, 2001
Hearing Date:
September 18, 2000
[See Notice this Register]
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
Extension Through:
August 29, 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
Statements of Scope of Proposed Rules
Pharmacy Examining Board
Subject:
Phar Code - Relating to the central filling of prescription orders for dispensing.
Description of policy issues:
Integrated health systems, business entities comprising common ownership of multiple pharmacies and pharmacies desiring to enter contractual relationships with outside vendors have an interest in increasing patient convenience and lowering cost of service based upon the central filling of prescription orders for dispensing.
Objective of the rule:
The objective of the rule is to specify the requirements for an approved central fill system.
Policy analysis:
Currently, no rules exist specifying the requirements for an approved central fill system. The intent of these rules is to preserve the integrity of the dispensing process by addressing the issues of ownership of inventory, patient confidentiality, consultation, security, accuracy and accountability which must be maintained in any approved central fill system.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2) and ch. 450, Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
120 hours.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Pamela Haack, Paralegal
Office of Administrative Rules
Dept. of Regulation and Licensing
Telephone: (608) 266-0495
Public Service Commission
Subject:
Ch. PSC 160 - Relating to the biennial review of Universal Service Fund (USF) rules [Docket 1-AC-198].
Description of policy issues:
Objective of rule:
The objective of existing universal service fund (USF) rules is to meet the general intent of the legislature as expressed in s. 196.218 (5) (a), Stats. That provision states that the moneys in the USF may only be used for certain specific purposes, including:
• Assisting customers located in areas of this state that have relatively high costs of telecommunications services, low-income customers, and disabled customers in obtaining affordable access to a basic set of essential telecommunications services.
• Assisting in the deployment of advanced service capabilities of a modern telecommunications infrastructure throughout this state.
• Administering the USF.
Any changes made as a result of this rule-making would be intended to continue and enhance support for the general purposes stated in the statutes.
Section 196.218 (4), Stats., specifies that biennially the Commission “shall promulgate rules that define a basic set of essential telecommunications services that shall be available to all customers at affordable prices and that are a necessary component of universal service."
Section 196.218 (5m), Stats., states that the Commission shall, at least biennially, review and revise the rules as appropriate. The Commission proposes to open this rule-making to meet the mandate for a biennial review of the rules and to examine the need for changes to the existing USF program as defined by the USF rules.
Existing policies relevant to rule, new policies proposed, and analysis of alternatives:
Universal service definitions, the administration of the USF (assessments, an administrator, and a Universal Service Fund Council), and universal service programs intended to address needs including those of low-income customers, customers in high-cost areas, and customers with disabilities, are specified in ch. PSC 160.
As recognized in the initial USF, legislation, universal service is a dynamic issue. The Commission will consider changes to the rules to reflect changing circumstances that may be identified throughout the rule-making process. While specifics will not be known until the review of the existing rules is underway, this rule-making will look at modifications, additions, and improvements to the rules to make administration more efficient and to make program operations more effective given experience to date. Further, modifications will be examined in light of changes to universal service that are being formulated by the Federal Communications Commission (FCC).
Statutory authority:
Sections 196.02 (3), 196.218 (4) and (5m)
, and 227.11 (2), Stats.
Time estimates for rule development:
A review of existing rules and programs must occur. Specific changes must be examined by the USF Council so that its recommendations may be forwarded to the Commission. Specific rule language must be drafted and reviewed by the agency, and public hearings must be held. Redrafting of existing rule language will likely be extensively aided by drafts and comments from industry providers, beneficiaries of the current programs and other interested persons. The process will take several months. The process of review by the USF Council and the subsequent rule-making proceeding will take an estimated minimum of 600 staff hours.
