Due to excessive workloads, the Milwaukee County District Attorney's Office and the Milwaukee County Circuit Court system are reluctant to process and charge offenders for relatively minor property-type acts prohibited under the current SFP rules. Area and suburban Milwaukee County Police Departments have alleviated similar problems by conforming their ordinances to the county and state codes, authorizing their Police Departments to make lawful standing arrests for acts which the county will prosecute.
The State Fair Park Board seeks the same level of cooperation from Milwaukee county by conforming its rules to the county code. Therefore, these proposed emergency rules prohibit such activities as loitering, spray painting, theft, battery, and resisting/obstructing an officer, as well as various weapons prohibitions. There is also included provisions to protect the police horses which are not only an integral part of Park enforcement but are also a major public relations tool. With these changes, the Park administration can ensure a safe and family-oriented environment at this year's State Fair and other Park events. It is necessary to use the emergency rule for processing the proposed rule change to Administrative Code, reference to the bail bond schedule, section 5, s. SFP 7.02. Section 5, s. SFP 7.02 is amended to repeal the old bond schedule and recreate the new bond schedule to align the bond code with the corresponding section in the Wisconsin Administrative Code to take effect before the 1997 Wisconsin State Fair begins on July 31, 1997.
The State Fair Park Board has begun the permanent rule process but the normal process will take between 6 and 9 months to complete. It is imperative to have these rules in place by the time of the 1997 State Fair.
These rules are therefore adopted as emergency rules to take effect upon publication in the official state newspaper and filing with the Secretary of State and the Revisor of Statutes as provided in s. 227.24 (1) (c), Stats.
Publication Date:
August 1, 1997
Effective Date:
August 1, 1997
Expiration Date:
December 30, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Transportation
Rules adopted revising ch. Trans 300, relating to school buses.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety. The amendments are needed to assure that school bus operators can purchase school buses manufactured using the latest in construction technology and providing equal strength and safety. Currently, there are estimated to be 60 buses on order by operators. Without this emergency rule, these buses could not be used in Wisconsin when the school year begins in August 1997. Therefore, schools will start using alternative vehicles (production vans) because of the unavailability of the smaller school buses built to the safer school bus standards.
Publication Date:
July 1, 1997
Effective Date:
July 1, 1997
Expiration Date:
November 29, 1997
Hearing Date:
August 26, 1997
Extension Through:
December 31, 1997
EMERGENCY RULES NOW IN EFFECT
Veterans Affairs
Rules were adopted revising ch. VA 12, relating to the personal loan program.
Exemption From Finding of Emergency
1997 Wis. Act 27, s. 9154 authorizes the department to promulgate rules for the administration of the personal loan program using the emergency rule procedures without providing evidence of the necessity of preservation of the public peace, health, safety or welfare.
Analysis
By repealing and recreating ch. VA 12, Wis. Adm. Code, the department establishes the underwriting and other criteria necessary for the administration of the personal loan program. The personal loan program was authorized by the legislature and governor through the amendment of s. 45.356, Stats., upon enactment of 1997 Wis. Act 27.
Publication Date:
October 17, 1997
Effective Date:
October 17, 1997
Expiration Date:
March 17, 1998
Hearing Date:
January 9, 1998
[See Notice this Register]
Statements of Scope of Proposed Rules
Arts Board
Subject:
Chs. AB 1 to 4 - Relating to the criteria and procedures under which the Arts Board shall administer the funds available for grants-in-aid to individual artists and arts organizations.
Description of policy issues:
Description of the objectives of the rule:
The objective of the rule is to establish the criteria and procedures the Arts Board will use to administer its grant programs.
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:
The rules will create the policies that govern the administration including, including the selection criteria and procedures for awarding the various grants to artists and art organizations made by the Arts Board. By statute the Arts Board is directed to adopt rules for the administration of these grant programs, and therefore there is no alternative other than the creation of rules for the operation of the Arts Board administered grants programs.
Statutory authority for the rule:
The statutory authority for the rule is ss. 44.53 (1) (e), 44.565 (4) and 44.62 (4), Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
The Arts Board estimates that it will take approximately 30 hours of staff time on the rule, which includes discussing the rule with the Board and interested members of Wisconsin's arts community.
Commerce
Subject:
Chs. Comm 18 and ILHR 50-64 and 69 - Relating to elevators and mechanical lifting devices.
Description of policy issues:
Description of the objective of the rule:
⍽ Address risks relative to safety, health, and welfare that have been discovered since the last adoption of the American Society of Mechanical Engineers (ASME) A17.1, Safety Code for Elevators and Escalators.
⍽ Reflect new construction practices, products, standards or materials.
⍽ Clarify standards for fulfilling the objective of protecting public safety, health and welfare.
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:
Existing policies:
The Department reviews plans and inspects elevators and mechanical lifting devices to ensure these units are designed and installed in accordance with the elevator safety rules. Currently, the Department is using the 1990 edition of the ASME A17.1. To ensure the citizens of Wisconsin are safe when using elevators and other mechanical lifting devices, the Department believes that its codes and adopted standards must be viable and current.
New policies:
Adopt the 1996 edition of the ASME A17.1 and other national standards relating to the safe operation of elevators and other mechanical lifting devices.
Analysis of policy alternatives:
The Department has identified the following policy alternatives:
◯ The Department could continue to administer and enforce the 1990 edition of ASME A17.1 standard; however, the Department believes adoption of current national standards increases safety and eliminates confusion in the construction and installation of elevators and mechanical lifting devices. The most current edition of ASME A17.1 is the 1996 edition.
◯ The Department could review and revise current administrative rules by adopting the 1996 edition of the ASME A17.1. This is the proposed alternative. The Department believes its rules and adopted standards should be consistent with national consensus standards.
Statutory authority for the rule:
The statutory authority for the rules is found under ss. 101.02, 101.12 and 101.17, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that it will take approximately 640 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Employe Trust Funds
Subject:
S. ETF 50.40 - Provisions relating to the eligibility for Long-Term Disability Insurance (LTDI) benefits when a participant becomes disabled due to an injury or illness.
Description of policy issues:
Objectives of the rule:
To clarify that the Department and Board may find the employer's negative certification as being unreasonable and incorrect in cases where the employer's determination is clearly contrary to the evidence.
Policy analysis:
Under s. ETF 50.48 (4) (b) 1. and 3., Wis. Adm. Code, the Department shall deny the application for LTDI benefits if it determines the claimant does not meet the applicable requirements or if any of the following apply:
▼ The Department receives a statement from the employer certifying that the employe's participating employment has been terminated, or the employe is on a leave of absence and not expected to resume active service, for a reason other than the medically determinable impairment described in the claimant's application.
▼ The Department receives a certification from the employer denying that the claimant is totally and permanently disabled or with respect to a protective employe denies that the claimant is likely to be permanently disabled to the extent that he/she can no longer perform the duties required by the his/her position.
The rule will clarify that the Department and the Board may approve the LTDI benefit if the sole basis for denial was the employer's negative certification and it finds that the employer was unreasonable and incorrect in submitting the negative certification.
Policy alternatives to the proposed rule:
The amendment to the current rule is intended to provide consistent application of the Department's and Board's authority in administering the LTDI program and the regular disability programs. If the rule were not amended, the result would be less efficiency in the administration of the Long-Term Disability Insurance program established under ch. ETF 50, Wis. Adm. Code. Also, the inconsistencies between the LTDI and s. 40.63, Stats., disability programs would not be resolved.
Statutory authority for rulemaking:
Section 40.03 (6), Stats.
Staff time required:
The Department estimates that state employes will spend five hours to amend this rule.
Department of Financial Institutions
Division of Savings Institutions
Subject:
