Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings - Administrative Rules for further information on a particular rule.
Emergency Management
Rule Submittal Date
On July 17, 2002 the Department of Military Affairs, Wisconsin Emergency Management submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The statutory authority for ch. WEM 4, relating to a hazardous materials transportation registration program, no longer exists, and this proposal repeals ch. WEM 4 in its entirety. The proposal to amend ch. WEM 6 would modify reimbursement procedures to reflect a change in statutory language allowing reimbursement for potential releases of hazardous materials as well as to actual releases. It would also require regional and local response teams to utilize an agency-approved hazardous materials incident response matrix to be eligible for reimbursement under ch.
WEM 6 and would establish limits for reimbursement of potential releases. The proposed change would also clarify that administrative costs are eligible for reimbursement and that costs recovered from responsible parties would be placed in the emergency response supplement under s.
20.465 (3) (dr) Stats.
Agency Procedure for Promulgation
A hearing will be held on August 27, 2002.
Contact Person
If you have any substantive questions regarding the proposed rule, please contact William Clare at 242-3220, at Wisconsin Emergency Management.
Health and Family Services
Rule Submittal Date
On July 25, 2002 the Department of Health and Family Services submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Escorted leaves for ch.
980 patients. The Department of Health and Family Services proposes to amend ch.
HFS 95 in response to the creation of a new section 980.067 of the Wisconsin statutes through
2001 Wis. Act 16 (the biennial budget bill).
Section 980.065 of the statutes requires the Department to place persons determined to be sexually violent at selected facilities administered by the Department. Section
980.067 authorizes the superintendent of a facility at which a sexually violent person resides to allow that person to leave the grounds of the facility under escort. Section
980.067 also directs the Department to promulgate rules that express the policies and procedures for its administration of this process.
The amendments to ch.
HFS 95 being proposed by the Department address circumstances under which a person committed to either the Wisconsin Resource Center or the Sand Ridge Secure Treatment Center could be allowed to temporarily leave the facility for selected reasons. The Department has proposed that these reasons be limited to the following:
- To privately visit a dying or deceased relative as defined in s.
48.02 (15), Stats.;
- To receive medical services that are not provided at the facility;
- To engage in pre-placement activities when the patient has a proposed or approved supervised release plan under s.
980.08 (5), Stats.; and
- For other purposes consistent with the therapeutic interests of the patient and the security interests of the facility and the community.
The proposed rules also identify considerations a facility director must take into account in his or her decision to allow a patient detained or committed under ch.
980 of the statutes to leave the facility. The proposed rules also give the director the discretion to limit patients to one visit per relative.
Agency Procedure for Promulgation
Public hearings under ss.
227.16,
227.17 and
227.18, Stats.; approval of rules in final draft form by the DHFS Secretary; and legislative standing committee review under s.
227.19, Stats.
Contact Person
James Yeadon, 266-5525.
Public Defender
Rule Submittal Date
On July 26, 2002 the Office of the State Public Defender submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The Wisconsin State Public Defender Board proposes an order to repeal ss.
PD 2.08 (3) and
3.038 (1) (b); to renumber and amend s.
PD 3.038 (1) (c); to amend ss.
PD 2.01,
2.02,
2.03,
2.08,
3.03,
3.038 (1) (a),
3.038 (1) (b),
3.039,
3.05,
3.055 and
3.06, all relating to determinations of eligibility. The rule changes clarify language, eliminate obsolete references, and make other changes that promote staff efficiencies.
Agency Procedure for Promulgation
A public hearing is required and is scheduled for August 26, 2002. The organizational unit primarily responsible for promulgation of the rule is the agency legal counsel.
Contact Person
If you have questions regarding this rule, you may contact:
Deborah M. Smith
Legal Counsel
(608) 261-8856
Public Defender
Rule Submittal Date
On July 26, 2002, the Office of the State Public Defender submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The Wisconsin State Public Defender Board proposes an order to amend s.
PD 1.04 (5) relating to the certification for appellate cases. The amendment would allow for provisional certification and performance review of attorneys seeking appellate certification. The rule would also allow the Director of the Appellate Division to place an attorney previously certified for appellate cases on provisional certification status in lieu of decertification. The proposed rule would also correct two cross references in s.
PD 1.04 (5).
Agency Procedure for Promulgation
A public hearing is required and is scheduled for August 26, 2002. The organizational unit primarily responsible for promulgation of the rule is the agency legal counsel.
Contact Person
If you have questions regarding this rule, you may contact:
Deborah M. Smith
Legal Counsel
(608) 261-8856
Public Instruction
Rule Submittal Date
On July 19, 2002, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends ch.
PI 25, relating to children at risk of not graduating from high school.
Agency Procedure for Promulgation
The proposed rules are modified to conform to current statutory language. Therefore, pursuant to s.
227.16 (2) (b), Stats., the department will not hold public hearings regarding these rules.
