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
Natural Resources
Subject:
Ch. NR 2 - Relating to identifying procedural changes that will make contested case hearings for chs. 30 and 31, Stats., more efficient.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Review existing hearings procedures for chs. 30-31, Stats., to provide for more efficient and streamlined decisionmaking that can be accomplished without statutory changes.
Among the issues the Legal Services/Fish and Habitat drafting team will consider are:
▲ Eliminate or limit discovery for Class I contested cases;
▲ Design limited hearing procedures for Class I cases similar to worker's compensation hearing;
▲ Create a nonjudicial appeal process to allow for review of initial field decision;
▲ Review ch. NR 2, Wis. Adm. Code, to recommend changes that will make the decisionmaking process more efficient;
▲ Determine whether on-site hearings are feasible; and
▲ Identify substantive rules that will allow for more efficient decisionmaking.
This action represents a change from past policy.
Explanation of the facts that necessitate the proposed change:
The Board has not created special hearing procedures for individual programs in the past.
Limited staff resources and public desire for quicker decisions on chs. 30-31, Stats., permits dictate that more efficient hearing procedures be developed.
Statutory authority:
Section 227.11 (2), Stats.
Anticipated time commitment:
The anticipated time commitment is 120 hours. Three hearings are proposed to be scheduled during1998 in locations in North, Central and South Wisconsin.
Natural Resources
Subject:
Ch. NR 18 - Relating to northern goshawks.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Closure of season on the taking of northern goshawks young (eyasses) from the wild. Resident and nonresident falconers will be affected by the proposed rule.
The proposed rule represents a change from past policy.
Explanation of the facts that necessitate the proposed change:
1 The U.S. National Forest Service is considering closure of national forest lands to the taking of goshawk young in Wisconsin.
2 There is heightened concern among state and federal authorities over the take of goshawk young in Wisconsin.
3 Ongoing research on the nesting density and nesting success of goshawks appears to have been compromised on national forests, where most nesting goshawks occur.
4 A ban on goshawk take must be statewide, because there would be greater pressure on this sensitive resource on state and private properties if only a national forest ban was in place.
Statutory authority:
Sections 23.09, 23.11, 29.02, 29.085, 29.174, 29.175 (1) and
(3) and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 72 hours. Two hearings are proposed to be scheduled during December, 1997 in Madison and Rhinelander.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Higher Educational Aids Board
Rule Submittal Date
Notice is hereby given that on August 18, 1997, the Higher Educational Aids Board submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
Sections 39.41 (8) and 227.11 (2), Stats.
The rule affects ch. HEA 9, Wis. Adm. Code, relating to the administration of the Wisconsin academic excellence scholarship.
Reason for Rules:
