Publication Date:
April 3, 1996
Effective Date:
April 3, 1996
Expiration Date:
August 31, 1996
Hearing Date:
May 8, 1996
EMERGENCY RULES NOW IN EFFECT
Emergency Response Board
Rules adopted revising ch. ERB 4, relating to a fee for transporting hazardous material.
Finding of Emergency
The State Emergency Response Board finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health safety or welfare. A statement of the facts constituting the emergency is:
It is necessary to provide adequate protection against the risks to life and property inherent in the transportation of hazardous materials in commerce.
This emergency rule is being promulgated to allow continuation of the Wisconsin hazardous materials transportation registration program established in s. 166.20(7g), Stats. The State Emergency Response Board (SERB) promulgated a rule, ch. ERB 4, to implement the program. The original rule had a sunset date of June 30, 1995. A revised ch. ERB 4 was promulgated December 1, 1995, but was superseded by statutory changes to s. 166.20(7g), Stats., enacted in the Department of Transportation (DOT) biennial budget.
The emergency rule will enable the DOT to collect registration fees for the billing period July 1, 1995 through June 30, 1996. This was agreed upon as a necessary step by several agencies including SERB, Division of Emergency Government and DOT in consultation with Legislative Council and Joint Committee For Review of Administrative Rules staff. Through this collection, DOT will meet the statutory requirement to collect an annual registration fee for the transport of hazardous materials. These fees are deposited to the State Transportation Fund to partially offset the DOT appropriations funding the level A and level B hazardous materials emergency response teams in Wisconsin. The legislature has supported the emergency response team system in Wisconsin by adopting legislation to authorize teams and fund them through a combination of fees and the State Transportation Fund.
The SERB, the Department of Military Affairs-Division of Emergency Government and the Department of Transportation are jointly developing a permanent rule to reflect the statutory fee structure enacted by the legislature in the DOT 1995-97 biennial budget. It is expected a revised permanent rule will be promulgated later this year.
Publication Date:
February 23, 1996
Effective Date:
February 23, 1996
Expiration Date:
July 22, 1996
Hearing Date:
April 2, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Employment Relations
A rule was adopted creating s. ER 29.03 (8) (bm), relating to the rate of pay as a result of voluntary demotions by employes who are notified they may be subject to layoff.
Finding of Emergency
The Department of Employment Relations finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety of welfare. A statement of the facts constituting the emergency is:
Many state agencies are undergoing reorganizations, either at the directive of the Governor and State Legislature or on their own initiative. These organizational changes are occurring to promote efficient and effective administration of state agencies, improve delivery of services and improve coordination of similar programs. Numerous permanent postilions in the classified civil service are being restructured because of a reduction in force due to a lack of work or funds or owing to material changes in duties organization. Incumbents of those positions will soon face critical career decisions and alternatives that involve new duties, classification and/or physical location of their work site.
This emergency rule allows employes who have been notified that they are “at risk” of layoff to maintain their current rate of pay if they voluntarily demote under certain circumstances within an agency. “At risk” means the employe has received written notification that layoffs may occur in the agency and the employe's position may be affected by they layoffs. The employe may be allowed to retain his/her present rate of pay only if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employe is demoting.
If the option of maintaining the employe's pay rate is not available to the employe and the agency, employes will be forced to choose between options that may result in a reduction in pay, transfer or demotion to a less desirable location or position, or the employe may eventually be laid off. These consequences may adversely affect employe morale, undermine the efficient use of human resources and reduce the benefits of the agency reorganization. Retention of an employe's current rate of pay can be used by the agency as an incentive for employes to move to positions they might otherwise not choose.
For these reasons and because employe layoffs may occur before the Department could promulgate permanent rule, the Department believes a finding of emergency is warranted to preserve the welfare of individual employes and the civil service system.
Publication Date:
March 18, 1996
Effective Date:
March 18, 1996
Expiration Date:
August 15, 1996
Hearing Date:
May 3, 1996
EMERGENCY RULES NOW IN EFFECT
Wisconsin Gaming Commission
A rule was adopted amending s. WGC 24.13 (1) (d), relating to simulcasting fees.
Finding of Emergency
The Wisconsin Gaming Commission 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 the facts constituting the emergency is:
The previous fee of $50 per performance made simulcasting cost prohibitive, and as a result, prevented the expansion of employment and residual economic benefits. The emergency rule will allow for the increased economic activity.
Publication Date:
March 1, 1996
Effective Date:
March 1, 1996
Expiration Date:
July 29, 1996
Hearing Date:
April 15, 1996
EMERGENCY RULES NOW IN EFFECT
Health and Social Services
(Community Services, Chs. HSS 30--)
Rules were adopted creating ch. HSS 38, relating to treatment foster care for children.
Exemption From Finding of Emergency
The Legislature in s. 182 (1) of 1993 Wis. Act 446 directed the Department to promulgate rules under s. 48.67 (1), Stats., as amended by Act 446, for licensing treatment foster homes, to take effect on September 1, 1994, by using the emergency rule-making procedures under s. 227.24, Stats., but without having to make a finding of emergency. They will remain in effect until replaced by permanent rules.
Analysis prepared by the Department of Health and Social Services
This rule-making order implements s. 48.67 (1), Stats., as amended by 1993 Wis. Act 446, which directs the Department to promulgate rules establishing minimum requirements for issuing licenses to treatment foster homes, including standards for operation of those homes.
Treatment foster care is a family-based and community-based approach to substitute care and treatment for children who are medically needy or emotionally disturbed and for some developmentally disabled children, and could be an alternative to institutionalization for some children. Treatment foster care is provided in a foster home by foster parents who meet education and training requirements which exceed the requirements for regular foster care, and by social service, mental health and other professional staff.
A number of public and private agencies have recently begun providing “treatment foster care,” but since there are no standards currently for this type of care, those programs vary considerably in the type and quality of services they provide. These rules establish minimum standards that agencies, professional staff and foster parents would have to meet in order to claim that they are providing treatment foster care.
The rules require treatment foster homes to comply with ch. HSS 56 for regular foster homes except when there is a conflict between a provision of these rules and ch. HSS 56, in which case these rules take precedence.
The rules cover making application to a licensing agency for a treatment foster home licensee, licensee qualifications, licensee responsibilities, respite care for foster parents, responsibilities of the providing agency, the physical environment of a treatment foster home, care of the children and training for treatment foster parents.
Publication Date:
September 1, 1994
Effective Date:
September 1, 1994
Expiration Date:
1993 Wis. Act 446, s. 182
Hearing Date:
January 24, 25 & 26, 1995
EMERGENCY RULES NOW IN EFFECT (2)
Health and Social Services
(Health, Chs. HSS 110--)
1. Rules adopted creating ss. HSS 111.04 (2m) and 112.04 (3m), relating to authorized actions of emergency medical technicians-intermediate and paramedic.
Finding of Emergency
The Department of Health and Social Services finds that an emergency exists and that the adoption of rules is necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
Actions that emergency medical technicians (EMTs) are authorized to carry out in providing emergency medical care in prehospital and interfacility settings are now specified in s. 146.50 (6m), Stats. A recent session law, 1993 Wis. Act 251, repealed that statute effective January 1, 1996 and directed the Department to have rules in place on that date that specify what those actions are. The Department has separate chapters of rules for licensing EMTs-basic, EMTs-intermediate and EMTs-paramedic. This emergency order amends ch. HSS 111, rules for licensing EMTs-intermediate, and ch. HSS 112, rules for licensing EMTs-paramedic, to specify the actions that EMTs-intermediate and EMTs-paramedic may carry out.
Through separate permanent rulemaking orders, the Department is revising chs. HSS 111 and 112 in their entirety in order to specify the authorized actions of EMTs-intermediate and EMTs-paramedic and, at the request of the new Emergency Medical Services Board under s. 146.58, Stats., to update the chapters. However, those rulemaking orders have not yet been transmitted to the Legislative Council for review and therefore will not likely take effect until July 1, 1996 at the earliest. Consequently, the Department, in order to have the rules that specify the authorized actions of EMTs-intermediate and EMTs-paramedic in effect by January 1, 1996, when s. 146.50 (6m), Stats., will be repealed, is publishing the authorized actions subsections of the proposed revised permanent rules by this emergency order. This must be done because s. 146.50 (6n), Stats., which takes effect on January 1, 1996, provides that EMTs-intermediate and EMTs-paramedic may undertake only those actions that are authorized in rules promulgated by the Department. If those rules are not in effect on that date, ambulance services will not be able to provide emergency medical services using EMTs-intermediate or EMTs-paramedic and consequently there will be reduced availability of emergency medical services and a threat to public safety.
Publication Date:
December 27, 1995
Effective Date:
January 1, 1996
Expiration Date:
May 30, 1996
Hearing Date:
March 1 & 8, 1996
Extension Through:
July 28, 1996
2. Rules adopted revising chs. HSS 172, 175, 178, 195 to 198, relating to permits and permit fees.
Finding of Emergency
The Department of Health & Social Services finds that an emergency exists and that the adoption of the rules is necessary for the immediate preservation of the public, peace, health, safety or welfare. The facts constituting the emergency are as follows:
The Department and agent local government health departments regulate campgrounds, camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations, under the authority of ss. 254.47 and 254.61 to 254.88, Stats., to ensure that these facilities comply with health, sanitation and safety standards established by the Department by rule. The Department's rules are in chs. HSS 172, 175, 178, 195, 196, 197 and 198, Wis. Adm. Code. None of these facilities may operate without receiving a permit from the Department or an agent local government health department. A permit is evidence that a facility complies with the Department's rules on the date of issuance of the permit. All permits except those for bed and breakfast establishments are one-year permits. A facility is charged a permit fee. Permit fee revenues support the regulatory program.
In 1993 the Budget Act for 1993-95 directed the Department to establish permit fees by rule beginning July 1, 1994. Until then the fees had been set by statute.
This rulemaking order increases permit fees effective July 1, 1996, by about 10% for campgrounds; recreational and educational camps; swimming pools that serve the public; restaurants; hotels, motels and tourist rooming houses; bed and breakfast establishments; and food vending operators and commissaries. It also increases preinspection fees for restaurants; hotels, motels and tourist rooming houses; bed and breakfast establishments; and food vending commissaries.
The fees are increased to cover higher costs for these regulatory programs.
The rules are being promulgated as emergency rules to protect public health and safety. The fee increases will take effect on July 1, 1996, which is the beginning of a new permit period. Raising the fees as provided in this order will enable the Department to avoid running a deficit in program revenue and so avoid having to reduce inspections of food-serving, lodging and recreational facilities and taking longer to respond to foodborne and waterborne disease outbreaks.
The fees established by this order do not apply to facilities regulated by local health departments granted agent status under s. 254.69, Stats. Permit fees for those facilities are established by the local health departments, pursuant to s. 254.69 (2) (d), Stats.
Publication Date:
June 8, 1996
Effective Date:
July 1, 1996
Expiration Date:
November 28, 1996
EMERGENCY RULES NOW IN EFFECT (2)
Health & Social Services
(Economic Support, Chs. HSS 200-)
1. Rules adopted revising ch. HSS 201, relating to a benefit cap pilot project under the AFDC program.
Exemption From Finding of Emergency
The Legislature in s. 12 (1) of 1995 Wis. Act 12 permitted the Department to promulgate the rules required under s. 49.19 (11s), Stats., as created by Act 12, by using emergency rulemaking procedures but without having to make a finding of emergency. They will take effect on January 1, 1996.
Analysis Prepared by the Department of Health & Social Services
Under s. 49.19, Stats., a family can apply and be determined eligible for the Aid to Families with Dependent Children (AFDC) program. If a family is determined eligible, the AFDC benefit amount is based, in part, on family size. The maximum amount of AFDC benefits a family can receive currently increases when an additional child is born.
