EMERGENCY RULES NOW IN EFFECT
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
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
Agriculture, Trade & Consumer Protection
Subject:
Chapter ATCP 48 - Relating to drainage districts.
Description of policy issues:
Preliminary objectives:
Clarify current rules to improve drainage district operations. Among other things, the rule amendments may address:
◇ Landowner rights to drainage.
◇ Drainage district “construction projects” requiring DATCP approval, including standards for approval.
◇ Standards and procedures for identifying, classifying or altering district drains, or removing drains from a drainage district.
◇ Standards and procedures for assessing benefits and costs to landowners in a drainage district, including the apportionment of costs between landowners.
Preliminary policy analysis:
Drainage districts are local government districts which are organized to drain lands for agricultural or other purposes. Land is drained by drainage ditches which cross individual property boundaries. Landowners in a district who benefit from drainage must pay assessments to cover the cost of constructing, maintaining and repairing the drainage system. Drainage districts have a major impact on land use, landowners and the environment.
A county drainage board operates all drainage districts created within a county. The county drainage board:
g Operates and maintains district drains and dams.
g Levies assessments against landowners who benefit from drainage (and awards damages to landowners who are adversely affected).
g Makes or recommends modifications to a drainage district.
Drainage district operations are governed by ch. 88, Stats. The Legislature recently made major changes to ch. 88, Stats., to expand the powers of county drainage boards and modernize the operation of drainage districts. The Legislature also gave DATCP new responsibility for regulating drainage district operations on a statewide basis. DATCP has adopted drainage district rules under ch. ATCP 48, Wis. Adm. Code, to implement the law changes. DATCP monitors drainage district operations for compliance with ch. 88, Stats., and ch. ATCP 48.
Since ch. ATCP 48 became effective in 1995, DATCP has been helping county drainage boards to revitalize and improve drainage district operations.
Drainage boards are currently working to:
▦ Recover or recreate lost drainage district records.
▦ Identify and document district boundaries, drains and drain profiles.
▦ Improve business and operational procedures.
▦ Establish up-to-date drainage benefit and cost assessments.
▦ Improve maintenance of district drains and drainage facilities.
▦ Review and act on proposed construction projects, in consultation with DATCP.
Based on experience to date, DATCP believes that some rule changes would help county drainage boards administer drainage districts more effectively, and would also help to prevent or resolve drainage disputes. Rule changes would establish new standards and procedures where necessary. They would also clarify and streamline current standards and procedures, and increase cost-effectiveness where possible. DATCP proposes to convene an advisory council of knowledgeable and interested persons to suggest possible rule changes.
Policy alternatives:
◯ Do nothing. Current ch. ATCP 48 would remain unchanged. The lack of clear standards in some areas could impair drainage district operations, adversely affect landowners, and make it more difficult to resolve drainage district disputes.
◯ Modify ch. ATCP 48 to eliminate uniform standards and reduce DATCP involvement in drainage district operations. This would increase local control over land use decisions. However, it could sacrifice state interests, erode protection for landowners, increase burdens on county drainage boards, and make it more difficult for county drainage boards to resolve drainage disputes.
Statutory authority:
The Department proposes to amend ch. ATCP 48 drainage district rules under authority of ss. 88.11 and 93.07 (1), Stats.
Staff time required:
The Department estimates that it will use approximately .5 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions, and communicating with affected persons and groups. The Department will assign existing staff to develop this rule. Additional staff may be needed to administer the rule.
Commerce
Subject:
Chapters ILHR 50-64 -- Relating to building and heating, ventilating, and air conditioning.
Description of policy issues:
Description of the objective of the rule:
Section 101.02 (1) and (15), Stats., requires the Department to ascertain and adopt reasonable rules that will protect life, health, safety, and welfare within the commercial buildings included under the scope of the Building and Heating, Ventilating, and Air Conditioning Code, chapters ILHR 50 through 64. An overall review and update of the code is necessary because such an overview has not occurred since the late 1980's, and numerous changes in technology and construction practices have occurred since then. It is anticipated that the review of the Code will identify potential code revisions necessary to:
▶ Address code requirement clarity problems which have been discovered since the last complete code overview;
▶ Clarify standards for fulfilling the objective of protecting public health, safety, and welfare;
▶ Reflect new construction practices, products, standards, or materials, including fire prevention, fire containment, fire detection, fire suppression, and fire alarm systems;
▶ Address code requirements relative to safety, health, and welfare which are substantially different from the national model building codes; and
▶ Adopt the International Building Code which is expected to be published by the International Code Council in the year 2000.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently, the Building and Heating, Ventilating, and Air Conditioning Code, chapters ILHR 50-64, establishes statewide minimum design, construction and inspection standards for commercial buildings. The construction standards of the Code address such issues as:
☞ Life/safety concerns, including exiting in fire situations;
☞ Fire fuel contribution relative to a building's class of construction and contents; and
☞ Structural capabilities and integrity, including those under fire conditions.
It is anticipated that the review will result in initial code revisions which will clarify fire separations, egress uniformity and fire construction standards. Without these revisions, the Department believes that the present code is so out-of-date as to leave designers and builders unsure of how to comply with the code, and unaware of current materials and standards. Avoiding these revisions would also cause the Department and local inspectors to be uncertain of how to administer and enforce the code. The work under this statement of scope is expected to result in more than one rule-making proposal to address the above-mentioned objectives.
Statutory authority for the rule:
Section 101.02 (1) --
Requires the Department to promulgate rules that establish reasonable standards for the design and construction of commercial buildings and their components.
Section 101.02 (15) --
Requires the Department to ascertain, fix, and order reasonable standards for the construction, repair, and maintenance of public buildings so as to be safe.
