Register

Section 48.67, Stats., and section 5 of 1995 Wis. Act 439

Subject:

The proposed rule affects ss. HSS 45.05 (11) and HFS 46.06 (11), Wis. Adm. Code, relating to outdoor play space for children attending day care centers.

Reason for rules, intended effects, requirements:

These rules implement the requirement in section 5 of 1995 Wis. Act 439 that the Department promulgate rules that establish a procedure under which an applicant for a license to operate a family or group day care center for children may obtain an exemption from, in effect, the Department's requirement that outdoor play space be on the center's premises.

The current rules for outdoor play space at centers are found in ss. HSS 45.05 (11) and HFS 46.06 (11). Those subsections had to be reconstructed to fit in the exemption for safe off-premises play space. This involved renumbering and adding some titles in the current rules, and referencing the new exemption part. It did not include amending current requirements for on-premises outdoor play areas. Still, there was enough non-substantive change affecting the current subsections to justify a repeal and recreate action in each case, thereby letting interested persons see the outdoor play space policy as a whole.

The rules provide that a center's plan for exemption from current rules for outdoor play space in order to use off-premises play space must provide for adequate supervision of the children in accordance with standards in referenced tables; for vigorous exercise for the children; and for toileting and diapering arrangements. When the space is reached by walking, children under age 3 must be transported in wheeled vehicles. Other requirements are lifted from the current rules for outdoor play space.

Agency Procedure for Promulgation

Public hearing under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.

Contact Person

Patty Hammes

Division of Children and Family Services

Telephone [phone]

Revenue

Rule Submittal Date

Notice is hereby given, pursuant to s. 227.14 (4m), Stats., that on September 23, 1997 the Wisconsin Department of Revenue submitted a proposed rule order to the Wisconsin Legislative Council Rules Clearinghouse.

Analysis

The proposed rule order amends ss. Tax 11.03 and 11.11, relating to the sales and use tax treatment of schools, and of waste treatment facilities.

Agency Procedure for Promulgation

The Department intends to promulgate the proposed rule order without a public hearing, pursuant to s. 227.16 (2) (e), Stats. The Office of the Secretary is primarily responsible for the promulgation of the rule order.

Contact Person

If you have questions regarding this rule, you may contact:

Mark Wipperfurth

Income, Sales, and Excise Tax Division

Telephone [phone]

noticehead

N o t i c e S e c t i o n

Notice of Proposed Rule

Administration

Notice is hereby given that pursuant to ss. 16.004 (1), 16.843 (2) (a) and 227.11, Stats., and interpreting s. 16.843, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Administration will adopt the following rule amendments as proposed in this notice on October 15, 1997, the Department of Administration is petitioned for public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule, or by an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Analysis Prepared by the Dept. of Administration

Statutory authority: SS. 16.004 (1), 16.843 (2) (a) and 227.11

Statute interpreted: S. 16.843

The proposed rule amendments clarify the Department's present practices and update references and terminology pursuant to 1995 Wis. Act 174, relating to the operation and parking of motor vehicles on Department-controlled property. The Department proposes a number of minor changes to update rule language and to improve operations related to parking on state-controlled property. These changes include providing the Department authority to appoint police officers to safeguard property pursuant to 1995 Wis. Act 174; correcting a statutory reference to a section in ch. 346; correcting language referencing s. 341.14, Stats.; adding a requirement that van and carpools must have at least 2 state employes; adding a section regarding temporary parking assignments and creating additional exceptions for withdrawal of parking.

Text of Rule

SECTION 1. Adm 1.01 (title) is amended to read:

Adm 1.01 Police and security officers. The department of administration shall appoint police and security officers to safeguard all public property under its control. Security Police and security officers shall have the powers provided in s. 16.84 (2), Stats., and shall be authorized to enforce s. 16.843, Stats., and any rule promulgated under s. 16.843, Stats.

SECTION 2. Adm 1.03 (1) (a), (b), and (2) (intro.), are amended to read:

Adm 1.03 Motor vehicle rules. (1) (a) No person not holding A person who does not hold a valid and current operator's license issued under ch. 343, Stats., shall may not operate any motor vehicle on any roadway or in any parking area under the control of the department of administration unless the person is exempt from being licensed under the provisions of s. 343.05, Stats., from the requirement that the person hold an operator's license in order to operate a motor vehicle on the highways of this state.

(b) No person shall may operate any motor vehicle on any roadway or in any parking area under the control of the department of administration unless the same has been properly registered as provided by ch. 341, Stats., unless except the vehicle is exempt from being registered under the provisions of s. 341.05, Stats. , from the requirement that the vehicle be registered in order that it may be operated on the highways of this state.

(2) All provisions of ch. 346, Stats., entitled “Rules of the Road" which are applicable to highways as defined in s. 340.01 (22), Stats., are hereby adopted for the regulation of traffic on the roadways and parking areas under the control of the department of administration except as follows:

SECTION 3. Adm 1.03 (2) (b) is repealed.

SECTION 4. Section Adm 1.03 (2) (c) is renumbered s. Adm 1.03 (2) (b) and amended to read:

Adm 1.03 (2) (b) Sections 346.61 through 346.74, 346.655, Stats.

SECTION 5. Adm 1.05 (2) is amended to read:

Adm 1.05 (2) ACCOMMODATION FOR DISABLED EMPLOYES. An employe's disability shall be shown by a physician's statement from a physician, an advanced practice nurse, a physician assistant, a chiropractor or a Christian science practitioner, indicating that the employe is disabled according to those standards established in s. 341.14, Stats. Parking for vehicles with special indentification identification cards for the physically handicapped pursuant to s. 343.51, Stats., shall be provided as close as possible to an entrance which can be used by disabled employes. Disabled employes allocated parking under this section shall not be exempted from payment for parking privileges under s. 16.843 (2), Stats.

SECTION 6. Adm 1.05 (4) is amended to read:

Adm 1.05 (4) Accommodation for the public that transacts business with tenant departments except in the GEF I, II, III, Wilson Street and Milwaukee state office buildings at buildings where a public parking facility is available in the immediate vicinity.

SECTION 7. Adm 1.05 (6) (b) (intro.) is amended to read:

Adm 1.05 (6) (b) Carpools and vanpools having at least 2 passengers in addition to the driver:. At least two individuals in the pool must be employes of the state of Wisconsin:

SECTION 8. Adm 1.05 (8) is created to read:

Adm 1.05 (8) Parking assignment may be issued on a temporary basis and may be withdrawn upon notice to the person requesting the parking assignment.

SECTION 9. Adm 1.06 is amended to read:

Adm 1.06 Identification. To facilitate the administration of this chapter, the state protective service capitol police shall procure numbered identification tags, window stickers, magnetic cards or other means of identification and shall issue such means of identification to eligible employes who have agreed to pay the established fee. Parking in stalls and spaces without the proper means of identification is prohibited.

SECTION 10. Adm 1.09 and 1.10 are amended to read:

Adm 1.09 Withdrawal of parking. Except for noncompliance with these rules, or this chapter, non-payment of parking fees, reallocation of agency space, or withdrawal of parking privileges under s. Adm 1.05 (8), the department of administration shall may not withdraw parking privileges after a parking stall is assigned. The department may reallocate parking spaces of a tenant agency if the number of full-time employes at the tenant agency's facility is reduced.

Adm 1.10 Towing. Whenever any police officer or security officer finds a motor vehicle in violation of these rules, the officer is authorized to move the vehicle, have a wrecker service tow the vehicle, or to require the operator to remove the vehicle from state property. The operator or owner of the vehicle removed shall pay all charges for moving or towing or any storage involved.

Initial Regulatory Flexibility Analysis

Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.

Fiscal Estimate

There is no fiscal effect.

Contact Person

Donna Sorenson, [phone]

Department of Administration

101 E. Wilson St., 10th Floor

P.O. Box 7864

Madison, WI 53707-7864

Notice of Hearings

Agriculture, Trade & Consumer Protection

▶ (Reprinted from 09-30-97 Wis. Adm. Register.)

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to chs. ATCP 29 and 30, Wis. Adm. Code, relating to the use and control of pesticides. The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rule. During the first half-hour of each scheduled hearing session, the department will give a presentation on the proposed changes. The department also invites comments on the draft environmental assessment which accompanies the rule. Following the public hearings, the hearing record will remain open until November 7, 1997 for additional written comments.

A copy of this rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, 2811 Agriculture Drive, Box 8911, Madison, WI 53708-8911, or by calling [phone]. Copies are available for review at public libraries, and will be available at the public hearings.

An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by October 6, 1997 either by writing to Karen Fenster, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4542) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearings.

Hearing Information

Five hearings are scheduled:

October 13, 1997   Holiday Inn,

Monday   150 Nicolet Rd.

  Appleton, WI