Transportation
1.   Rules adopted revising ch. Trans 4, relating to requiring the use of a fully allocated cost methodology when evaluating bids solicited for transit service in a competitive process.
Exemption From Finding of Emergency
Chapter Trans 4 establishes the Department's administrative interpretation of s. 85.20, Stats. and prescribes administrative policies and procedures for implementing the state urban public transit operating assistance program authorized under s. 85.20, Stats. 1999 Wis. Act 9, section 9150(2bm), requires the Department to adopt an emergency rule to amend Chapter Trans 4 by adding a section that requires that cost proposals submitted by a publicly owned transit system in response to a request for proposals issued by a public body for the procurement of transit services to be funded under the state urban transit operating assistance program must include an analysis of fully allocated costs. The analysis must include all of the publicly owned system's costs, including operating subsidies and capital grants. This analysis shall be the basis for evaluating costs when ranking proposals.
Pursuant to 1999 Wis. Act 9, section 9150(2bm)(b), the Department is not required to provide evidence that the rule is necessary for the preservation of the public peace, health, safety or welfare, and is not required to provide a finding of emergency.
Publication Date:   December 12, 1999
Effective Date:   December 12, 1999
Expiration Date:   July 1, 2000
Hearing Date:   February 14, 2000
Extension Through:   August 29, 2000
2.   Rule adopted creating s. Trans 4.09 (4), relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance program.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that the rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is as follows:
1999 Wis. Act 9 specifies that the Department may not enter into a contract for the payment of state aids until cost-efficiency standards have been incorporated into an administrative rule, which is “in effect" for calendar year 2000 contracts, and unless the contract requires the transit system to comply with those rules as a condition of receiving state aid. The Department is promulgating this emergency rule making so that state aid contracts can be executed prior to the scheduled first quarter payment date (March 31) in calendar year 2000 to ensure that payments are not delayed causing undue hardship to Wisconsin municipalities.
Publication Date:   March 23, 2000
Effective Date:   March 23, 2000
Expiration Date:   August 20, 2000
Hearing Date:   April 12, 2000
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Economic Support, Chs. DWD 11-59)
Rules adopted creating s. DWD 12.28, relating to Wisconsin works disregard of year 2000 census income.
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, or welfare. A statement of facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to establish additional eligibility criteria and specify how eligibility criteria are to be administered for the Wisconsin Works (W-2) program. The department is promulgating a rule to exclude income earned from temporary employment with the U.S. Census Bureau in determining W-2 and child care eligibility and child care copayments. The rule will contribute to the welfare of the people of Wisconsin by broadening the pool of available workers to help ensure an accurate Census count, particularly in low-income neighborhoods. The rule must be effective immediately because temporary Census employment is expected to begin April 2000 and last two to six months. DWD will not be seeking a permanent rule on this issue.
Publication Date:   April 9, 2000
Effective Date:   April 9, 2000
Expiration Date:   September 6, 2000
Hearing Date:   May 15, 2000
Statements of Scope of Proposed Rules
Athletic Trainers Affiliated Credentialing Board
Subject:
New Code - Relating to requirements and standards for licensure and practice of licensed athletic trainers.
Description of policy issues:
Objective of the rule:
The objective of the rule is to specify:
The educational, examination, experience and insurance requirements for licensure;
Minimum requirements for a protocol for the treatment of an athletic injury;
Approved continuing education; and
Rules of professional conduct.
Policy analysis:
Implement the provisions of 1999 Wis. Act 9, which created the Athletic Trainers Affiliated Credentialing Board.
Statutory authority:
Sections 15.085 (5) (b) and 227.11 (2), Stats., and ss. 448.953, 448.9525, 448.954, 448.9545, 448.956 and 448.957, Stats., as created by 1999 Wis. Act 9.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
200 hours.
Insurance, Commissioner of
Subject:
S. Ins 4.01 (2) (e) - Relating to valued property law claims adjudication.
Description of policy issues:
A statement of the objective of the proposed rule:
These changes will reconcile the rule with the recent Supreme Court decision, Seider vs OCI (case # 98-1223), which voided a paragraph. Other changes to rule may also be considered.
A 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 Supreme Court voided a paragraph so it must be removed.
A statement of the statutory authority for the rule:
Sections 601.41 (5) and 628.34 (12), Stats.
An estimate of the amount of time state employees will spend to develop the rule and a description of other resources necessary to develop the rule:
60 hours.
Insurance, Commissioner of
Subject:
S. Ins 9.50 - Relating to point-of-service requirements in accordance with s. 609.10, Stats.
Description of policy issues:
A statement of the objective of the proposed rule:
Creation of s. Ins 9.50 is necessary in order to comply with, and implement, 1999 Wis. Act 9 and its requirement that point-of-service plans be offered in accordance with s. 609.10, Stats.
A 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 purpose of the proposed rule is to provide definitions, guidelines and enforcement pertaining to the new requirement of s. 609.10, Stats.
A statement of the statutory authority for the rule:
Sections 601.41 (3), 609.10 (6), and 628.34 (12), Stats.
An estimate of the amount of time state employees will spend to develop the rule and a description of other resources necessary to develop the rule:
60 hours.
Natural Resources
(Environmental Protection--Water Supply, Chs. NR 800--)
Subject:
Ch. NR 809 - Relating to safe drinking water.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The DNR needs to begin work to add two new federal regulations to the State Safe Drinking Water Code. The regulations are:
1. Lead and Copper Rule minor revisions.
2. Public Notice rule revisions.
Amendment:
The DNR also needs to revise current definitions in ch. NR 809 to include acronyms where applicable. These revisions will have NO effect on meanings, but will serve to clarify later sections of the rule where acronyms are used.
This rule/Board action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
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