Workforce Development
(Labor Standards, Chs. DWD 270-279)
Rules were adopted revising ch. DWD 272, relating to the minimum wage.
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 and welfare. A statement of the facts constituting the emergency is:
In addition to raising the minimum wage to $4.75 per hour on October 1, 1996, and $5.15 per hour on September 1, 1997, the federal Fair Labor Standards Act provides for an “opportunity wage” of $4.25 per hour which may be paid by each new employer to a person under the age of 20 during the first 90 days of employment. The Department's permanent rules to raise the state minimum wage contained provisions creating an opportunity wage that are the same as those of the federal law.
On April 10, 1997, the State Senate Committee on Labor, Transportation and Financial Institutions suspended the portions of
CR 96-181 relating to the opportunity wage. The Department proceeded with formal adoption of the provisions of the rule that were not suspended; the permanent rule changes will become effective on June 1, 1997. On April 17, 1997, the Joint Committee for Review of Administrative Rules (JCRAR) unanimously approved extension of the Department's emergency rule on minimum wage, which includes the provisions on the opportunity wage. The emergency rule extension lasts until June 27, 1997.
The respective votes of the two Legislative committees have caused uncertainty as to whether the provisions relating to the opportunity wage remain in effect through June 27, 1997, or expire on June 1, 1997. The JCRAR has met several times since the standing committee's suspension but its only action on this issue was to extend the emergency rule, which includes the opportunity wage provision. The legal interpretation from the Legislative Council as to the precedence of the emergency rule provision vs. the permanent rule provision has not been definitive.
It appears that the JCRAR will vote in June on the standing committee suspension of the opportunity wage provisions of the permanent rule. If the JCRAR does not concur in the standing committee's suspension, the Department will proceed to promulgate the opportunity wage provisions on a permanent basis. However, due to timelines required for promulgation of permanent rules, this provision would not likely take effect permanently until September 1, 1997. Thus, the delays in action coupled with interpretive uncertainty could result in a regulatory gap that would cause confusion amongst the state's employees and employers over the provisions in effect after June 1, 1997. The Department believes that such uncertainty throughout the state would be undesirable.
In absence of definitive legal opinion or action on the opportunity wage issue by the JCRAR, this emergency rule alleviates uncertainty as to whether the opportunity wage provisions are effective after June 1 by explicitly maintaining their effect. The Department will make every reasonable effort to comply with the JCRAR's intent once action is taken. If the JCRAR affirms the standing committee's suspension, the Department will immediately withdraw the provisions of this emergency rule. If the JCRAR does not affirm the standing committee's suspension, this emergency rule will prevent a gap in coverage of the opportunity wage between the date of JCRAR action in June and the effective date of permanent provisions on the opportunity wage.
This emergency rule also contains a provision that prohibits the displacement of an employee that occurs solely for the purpose of hiring an opportunity employee. This language is similar to a provision of the federal law and was included by the Department because the Senate Committee on Labor, Transportation and Financial Institutions asked that the state rule also contain this provision. This language was originally submitted to the Senate Labor, Transportation and Financial Institutions Committee as a germane modification to CR-96-181 on March 31, 1997. It was the Department's intent to promulgate this provision as part of the permanent rule. However, this provision was inadvertently omitted from the final draft.
Publication Date:
May 31, 1997
Effective Date:
May 31, 1997
Expiration Date:
October 29, 1997
Hearing Date:
August 12, 1997
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Wage Rates, Chs. ILHR 290-294)
Rules adopted revising ch. ILHR 290, relating to the determination of prevailing wage rates for workers employed on state or local public works projects.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
On December 11, 1996, this Department adopted an emergency rule and began permanent rulemaking to amend the former ch. ILHR 290, Wis. Adm. Code, in accordance with 1995 Act 215, which enacted changes in the laws governing the determination of prevailing wage rates for state and local public works projects. Among the provisions of that emergency rule was a section on the classification of subjourneypersons.
The initial emergency rule will expire on May 10, 1997. The Department has developed a different provision on subjourneypersons which it is submitting for legislative committee review as a part of the permanent rule in its proposed final draft stage. In the meantime, it is necessary to have a formal policy on subjourneypersons in effect so that the Department may continue to issue wage determinations on state and local public works projects without causing the projects to be delayed. Therefore, the Department is adopting the new subjourneyperson policy, and related procedural provisions, as an emergency rule.
Publication Date:
May 10, 1997
Effective Date:
May 10, 1997
Expiration Date:
October 8, 1997
Hearing Date:
June 19, 1997
Statements of Scope of Proposed Rules
Natural Resources
Subject:
Chapter NR 25 - Commercial fishing - outlying waters.
Description of policy issues:
Description of policy issues to be resolved, including groups likely to be impacted or interested in the issue:
This rule addresses minimum catch requirements for the renewal of annual Lake Michigan commercial fishing licenses. Minimum catch requirements help identify inactive licenses. With the closure of commercial fishing for yellow perch in Lake Michigan and the reduction in the yellow perch annual harvest limit for Green Bay, some commercial fishers have asked the Department to review the current requirements. In addition, increases in the annual harvest limits for whitefish and chubs have occurred since the current requirements were adopted.
This rule will:
1) Retain meaningful criteria for the identification of inactive licenses while
2) Allowing flexibility in response to temporary fluctuations in fish abundance.
Explain the facts that necessitate the proposed change:
The closure of the Lake Michigan yellow perch fishery made it more difficult for some fishers to meet their minimum catch requirement.
Statutory authority:
Sections 29.085, 29.174 (3), 29.33 (1) and 227.11 (2) (a), Stats.
Staff time required:
The anticipated time commitment is 56 hours. Two hearings will be held in October, 1997: one in the Sturgeon Bay area and the other in the Milwaukee area.
Natural Resources
Subject:
Chapter NR 25 - Commercial fishing - outlying waters.
Description of policy issues:
Description of policy issues to be resolved, including groups likely to be impacted or interested in the issue:
To keep the incidental harvest of lake trout within acceptable limits, commercial gill netting for chubs is limited to prescribed areas. This rule will expand areas open to chub fishing during the winter season (January 15 through the end of February). The expansion of fishing areas during winter will allow more chubs to be harvested with less effort and less risk. The incidental harvest of lake trout will increase somewhat. The rule will limit some changes to two years, allowing further study of the biological implications of the changes, before permanent changes are adopted.
This rule will affect commercial fishers directly and sport fishers indirectly. It will be controversial.
The proposed rule change does not reflect a fundamental change in policy. It modifies current geographic limitations on where commercial fishing for chubs can take place during the winter fishing period (January 15 through the end of February).
Explain the facts that necessitate the proposed change:
The rule will expand commercial fishing opportunities. Changes to the northern chub fishing zone adopted by the NRB in 1996 limited chub fishing in the Northern Chub Fishing Zone and the closure of the Lake Michigan yellow perch fishery in 1996 sharply limited fishing opportunities for a number of commercial fishers.
Statutory authority:
Sections 29.085, 29.174 (3), 29.33 (1) and 227.11 (2) (a), Stats.
Staff time required:
The anticipated time commitment is 47 hours. Two open public meetings have been held to discuss these issues. Two hearings will be held in October, 1997: one in the Sturgeon Bay area and the other in the Milwaukee area.
Natural Resources
Subject:
NR Code - Fishing, hunting and trapping regulations.
Description of policy issues:
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
The Department is initiating the annual rule development cycle for the 1998 spring fish and wildiife hearings. We anticipate proposing changes to existing Wisconsin Administrative Code. These proposals will come before the Natural Resources Board in January, 1998 for approval to hold public hearings, to be held in conjunction with the Conservation Congress Spring meetings in April, 1998. The effective dates of these rules, if promulgated, will vary depending on the urgency and program timelines.
Statutory authority:
Section 29.174, Stats.
Staff time required:
The anticipated time commitment is 342 hours. Seventy-two hearings will be held in April, 1998 in every county.
Natural Resources
Subject:
Chapter NR 102 - To upgrade the classification of 5 waterbodies from Fish & Aquatic Life to Outstanding Resource Water status.
Description of policy issues:
Description of policy issues to be resolved, including groups likely to be impacted or interested in the issue:
There was significant public support to reclassify the Willow Flowage as well as several other flowages in northern Wisconsin as Outstanding Resource Waters (ORW) in the last round of nominations that went to the Natural Resources Board in October 1992. The same groups that were interested in the reclassification of these waters in 1992-93 are likely to be interested again. These groups include:
❍ Environmental and conservation organizations;
❍ The Tribes;
❍ The counties;
❍ Wisconsin Association of Manufacturers and Commerce; and
❍ Noranda Minerals.
This action does not represent a change from past policy.
Statutory authority:
