SECTION 11 renumbers and amends provisions relating to successful completion of examinations required for registration.
SECTION 13 amends a provision relating to the submitted proof pertaining to completion of an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 14 repeals a reference to a formerly approved course of instruction and creates a provision that a course of instruction from a school that is not approved by the educational approval board be from a school that is either a technical college or accredited by an accrediting agency.
SECTION 15 amends provisions to require evidence that the applicant completed a course in adult cardiopulmonary resuscitation.
Publication Date:
September 3, 2000
Effective Date:
September 3, 2000
Expiration Date:
January 31, 2001
Hearing Date:
October 3, 2000
Revenue
Rules were adopted creating s. Tax 9.69, relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers.
Exemption from finding of emergency
Under a nonstatutory provision in 1999 Wis. Act 122, the Department of Revenue is authorized to promulgate an emergency rule. The emergency rule is for the purpose of setting forth the requirements and methods to be used to ascertain the amount of Wisconsin excise tax paid each year on cigarettes of each tobacco product manufacturer that elects to place funds in a qualified escrow fund or, if the department deems it appropriate, is a participating manufacturer under the Master Settlement Agreement between the state and tobacco product manufacturers. The emergency rule shall cover the period from the effective date of 1999 Wis. Act 122, May 23, 2000, to the date a permanent rule becomes effective. (Note: The department is required under s. 895.10 (4), Stats., as created by 1999 Wis. Act 122, to promulgate a rule and is required under a nonstatutory provision to submit a proposed permanent rule to the Legislative Council by September 1, 2000.)
A nonstatutory provision in 1999 Wis. Act 122 provides that the department is not required to provide a finding of emergency or to provide evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare.
The rule is therefore promulgated as an emergency rule without a finding of emergency and without evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The rule shall take effect upon publication in the official state newspaper and shall apply retroactively to sales of cigarettes on or after May 23, 2000, as provided in s. 895.10 (2) (intro.), Stats., as created by 1999 Wis. Act 122. Certified copies of this rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
August 17, 2000
Effective Date:
August 17, 2000
Expiration Date:
January 14, 2001
Hearing Date:
September 18, 2000
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
Extension Through:
December 31, 2000
Statements of scope of proposed rules
Employee Trust Funds
Subject
The process of applying for Wisconsin Retirement System (WRS) benefits can be complex. Applicants may fail to complete portions of their applications or may fill them out incorrectly, which results in applications requiring corrections. Applicants must also provide certain basic information on benefit applications in order for the Department to determine with certainty who is applying for benefits and the specific benefits for which they are applying. Applicants may also decide to change selections on the application or provide additional documentation that can affect the benefits payable. The statutes and administrative codes do not provide clear guidelines for most of these transactions, and clarification is needed both to provide consistency on the treatment of all applicants and to protect the interests of the applicants and the trust fund.
Description of Policy Issues
Objectives of the Rule. This proposed rule has several objectives, including assuring that the Department is able to determine with certainty who has applied for Wisconsin Retirement System benefits, the type of benefits for which they are applying and the benefit effective date, and to establish the default benefits which would be payable in situations where applications are not corrected or applicants die before the applications can be corrected. The proposed rule would also codify deadlines for certain transactions that are not currently addressed in either the statutes or administrative code, such as changing from a lump sum to a monthly annuity or vice versa, how long after the final retirement benefit determination the Department can accept documentation of military service for credit and Social Security benefit projection documents, etc.
Policy Analysis. The statutes and administrative code do not provide any deadlines for receiving any of the following items: documentation of active military service for WRS service credit; Social Security Administration benefit projections used to calculate or recalculate accelerated payment options; applicants' requests to change annuity effective dates; requests to change benefit selections from lump sums to monthly annuities or vice versa; or named joint survivors. Also, the amount of applicants' benefits, and even the types of benefits for which they are eligible, may in some cases depend in part on the application receipt dates. This proposed rule would establish the minimum information which must be provided on an application to establish an application receipt date, and deadlines for receiving documentation and requests for benefit changes that could affect applicants' benefits.
Finally, the proposed rules would establish the benefits to which applications would default if applicants fail to complete certain information on the application, or the applications are in some other manner not completed correctly. Applicants would have the opportunity to correct the applications, thereby protecting their right to choose. However, in some situations these default benefits could be critical in protecting beneficiaries' benefit rights in situations where applicants die before having an opportunity to correct their applications.
Policy Alternatives to the Proposed Rule. The alternative to promulgating this rule would be that there would continue to be no clear definition of the deadlines for certain changes that applicants may wish to make to their applications, nor minimum standards for valid applications that would enable the Department to determine with certainty who has applied for benefits, the benefit effective dates and the types of benefit for which applicants are applying. There would also be no clear deadlines for accepting certain documentation that could affect applicants' benefits, nor default benefits established that can protect participants', alternate payees' or beneficiaries' benefit rights. This can result in inefficient administration of benefits and inconsistent and inequitable treatment of different benefit applicants.
Statutory Authority
Section 40.03 (2) (i), Stats.
Staff Time Required
The Department estimates that state employees will spend 120 hours developing this rule.
Financial Institutions - Banking
Subject
Section DFI-Bkg 8.04 — Relating to stating the name and location of office on bank checks.
Description of Policy Issues
Objective. The objective of the rule is to repeal s. DFI-Bkg 8.04.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives. Section DFI—Bkg 8.04 requires that the name and location of a bank home office shall be stated on all bank checks, and that the name of a bank branch may be state on bank checks. State law on the negotiable instruments, Uniform Commercial Code ss. 403.104, Stats., does not require this information. Federal law on presentment and issuance of checks, 12 CFR 229.36, does not require this information. However, practically a check, both as a negotiable instrument and in the course of presentment, will contain bank identification information. Section DFI—Bkg 8.04 is, therefore, both unnecessary and redundant.
Statutory Authority
Sections 220.02 (2) and 227.11 (2), Stats.
Staff Time Required
Estimated time to be spent by state employees is 40 hours. No other resources are necessary.
Natural Resources
Subject
Advance notice requirement for demonstrations which attempt to influence public opinion on department lands.
Description of Policy Issues
While most protest type activities are protected by the First Amendment, the United States Supreme Court has held that these activities can be the subject of reasonable regulations as to time and place. This rule would create such reasonable measures for department lands. It is difficult to predict which groups might engage in protests on department lands in the future.
Recent protests on department lands have shown that it is very difficult for department law enforcement officers to react promptly when advanced notice is not received. This creates safety problems for both the protesters and other land users. The ability of protesters to engage in protests anywhere on the department property also makes it difficult to provide law enforcement services.
Statutory Authority
Sections 23.09 (2), 23.11 (1), 27.01 (2) and 227.11 (2) (a), Stats.
Staff Time Required
The Department estimates that state employees will spend 54 hours developing this rule.
Natural Resources
Subject
Chapter NR 25 - Relating to commercial fishing - outlying waters.
Description of Policy Issues
The department proposes to modify the criteria used in relicensing commercial fishers on the Great Lakes. Licenses are not issued to fishers who are no longer active in the fishery, and it is essential to retain meaningful criteria for identifying inactive licensees. Presently, a harvest-based criterion (the minimum-catch requirement) is used. In the past an effort-based criterion has also been used. The present standard may not be sufficiently flexible in years when uncontrolled natural events cause sharp declines in reported harvests. Any change to the criteria would be of direct interest to all commercial fishers. The Lake Michigan Commercial Fishing Board has asked the department to consider revising the relicensing criteria.
The basic policy of maintaining meaningful criteria for defining active fishers and renewing licenses will be retained. The proposed rule change would modify the criteria and provide flexibility for dealing with changing fish abundance.
Statutory Authority
Section 29.519 (1) (b) and (c), Stats.
Staff Time Required
The Department estimates that state employees will spend 56 hours developing this rule.
Natural Resources
Subject
Authorization to begin drafting an emergency rule and permanent rule to revise ch. NR 6, pertaining to the snowmobile safety and enforcement programs.
Description of Policy Issues
The emergency rule and permanent rule defines unreasonable or improper snowmobile speed to include operation of a snowmobile above 50-mph during the hours of darkness. The user group affected would be snowmobilers who operate snowmobiles during the hours of darkness. The interested parties would include: Sheriff's patrols, the Governor's Snowmobile Recreation Council, the Association of Wisconsin Snowmobile Clubs, The Wisconsin Counties Association, Wisconsin Department of Tourism, and the International Snowmobile Manufacturers Association.
There is no current policy, law or rule determining specific circumstances, which constitute unreasonable or improper snowmobile speed. Conservation wardens investigated 38 fatal snowmobile crashes during the 1999-00 snowmobile season. Of the 38 fatals, 10 deaths could be directly attributed to excessive speed during the hours of darkness. Additionally, 14 other deaths may have been avoided if the operators had observed prudent speeds to avoid night hazards. Enforcement efforts documented over the past 10 years, show excessive night speed as one of the primary contributing factors leading to fatal crashes. The enforcement of the proposed rule could substantially decrease fatals during the hours of darkness. The National Children's Center notes excessive snowmobile speed is a leading contributing factor to injuries among snowmobilers. Annually, National statistics indicate Wisconsin has over 1,400 injuries resulting from unreasonable or improper speed during the hours of darkness.
Statutory Authority
Section 227.11 (2) (a), Stats., interpreting s. 350.10 (1) (a), Stats.
Staff Time Required
The Department estimates that state employees will spend 34 hours developing this rule.
Natural Resources
Subject
Housekeeping and minor, non-controversial changes in chapters NR 20, 21 and 50, relating to sport and commercial fishing on the inland, outlying and boundary waters of Wisconsin.
Description of Policy Issues
