Register

Record Keeping

The proposed rule revision will not impose any new record keeping requirements on small businesses. A few new record keeping requirements are required of county treasurers and drainage boards members.

Professional Skills Required to Comply

Small businesses will not need to acquire any new skills -- or retain additional professional services -- to comply with the rule revisions.

Notice of Hearing

Commerce

(Flammable & Combustible Liquids, Ch. Comm 10)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and 101.09 (3), Stats., the Department of Commerce will hold a public hearing on proposed rules relating to an emergency rule delaying the effective date of required upgrades to aboveground bulk tanks that were in existence on May 1, 1991.

The public hearing will be held as follows:

Date and Time:	Location:
February 27, 2001 Tuesday Commencing at 10:00 AM	Thompson Commerce Center 3rd Floor, Room 3C 201 West Washington Avenue Madison, WI

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 9, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Duane Hubeler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Analysis Prepared by the Department of Commerce

Wisconsin Administrative Code Chapter Comm 10, Flammable and Combustible Liquids Code, became effective on 5/1/91. Section Comm 10.345 (2) contains requirements for bulk tanks in existence on that date to be provided with specific containment or leak detection upgrades within 10 years of that date. Some concerns have been expressed on the impact that compliance date could have on heating oil supplies and prices this winter. Construction requirements could result in a substantial number of tanks storing heating oil to be closed during the winter heating season in preparation for the required upgrades.

Based on these concerns, the department has agreed to extend the compliance deadline for 3 months until 8/1/01 if approvable tank system upgrade plans have been submitted to the department by 2/1/01.

Copies of Proposed Rule

Paper copies of the proposed rules may be obtained without cost from Heather Taplick, Department of Commerce, ERS Division, P.O. Box 7838, Madison, WI 53701-7838, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Fiscal Estimate

The emergency rule simply extends by 3 months a deadline to upgrade aboveground bulk tanks. There are no additional enforcement requirements or anything that would affect revenues.

Regulatory Flexibility Analysis

Any small business that owns or operates aboveground bulk tanks could be affected. This emergency rule provides an additional 3 months to comply with tank upgrade requirements that have been in the code since its inception on 5/1/91.

There are no new procedures that are required to comply with these rules. This emergency rule simply provides for a delay in the effective date of previously approved code requirements.

There are no professional skills needed to comply with these rules.

Notice of Hearings Canceled

Health and Family Services

(Health, Chs. HFS 110-199)

[CR 00-172]

NOTICE IS HEREBY GIVEN That the two DHFS hearings relating to ch. HFS 163 scheduled to occur on February 22, 2001 in Waukesha and on February 23, 2001 in Wausau are canceled. There are no current plans to reschedule them.

Notice of Hearings

Public Instruction

[CR 00-185]

NOTICE IS HEREBY GIVEN That pursuant to ss. 118.33 (2) (c) and (4) (a), 121.02 (5) and 227.11 (2) (a), Stats., and interpreting ss. 118.33 (1) (a) and (b) and (2) (a) and 121.02 (1) (L), Stats., the department of public instruction will hold public hearings as follows to consider the amending of ch. PI 18, relating to social studies high school graduation requirements. The hearings will be held as follows:

Date and Time:	Location:
March 5, 2001 3:00 - 7:00 p.m.	Rice Lake Wisconsin Indianhead Technical College 1900 College Drive Room 245
March 8, 2001 3:00 - 7:00 p.m.	Green Bay Northeast Wisconsin Technical College 2740 W. Mason Street Room 2327
March 13, 2001 3:00 - 7:00 p.m.	Janesville Blackhawk Technical College 6004 Prairie Road North Commons 1400 B Lower Level

The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Les Wakefield, Consultant, Democracy Education, at [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Rule and Contact Person

The administrative rule is available on the internet at http://www.dpi.state.wi.us/dpi/dfm/pb/demcracy.html. A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to lori.slauson @dpi.state.wi.us or by writing to:

Lori Slauson,
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707

Written comments on the proposed rules received by Ms. Slauson at the above address no later than March 19, 2001, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.

Analysis by the Department of Public Instruction

Chapter PI 18 requires, in part, that students receive 4 credits of English, 3 credits of social studies, 2 credits of math, 2 credits of science and 1.5 credits of physical education to graduate from high school. Currently, each subject area requires certain instruction to be offered. Specifically, social studies requirements include instruction in local and state government. The proposed rules will require, as part of the 3 credits offered in social studies, that a school district offer a one semester course of instruction in local, state, tribal and federal government that focuses on democracy as recommended by the State Superintendent's Civics Action Task Force. Adding instruction in tribal and federal government to the social studies high school graduation requirement aligns the rule with Wisconsin's Model Academic Standards for social studies established by Governor Thompson in 1998. Also, s. 121.02 (1) (L) 4., Stats., requires that school boards, as part of a social studies curriculum, provide instruction in the tribal sovereignty of the federally recognized American Indian tribes and bands located in this state.

The proposed rules will also add a reference to s. 118.33 (1) (b), Stats., to align the rule with statutory language.

Fiscal Estimate

The proposed rule will modify high school graduation requirements relating to social studies. In addition to the current requirement that instruction be provided in local and state government, the rules will require instruction in tribal and federal government that focuses on democracy. The instruction in local, state, tribal and federal government that focuses on democracy shall be provided as a one-semester course. The one-semester course will be part of the three required credits offered in social studies. The proposed rules should not have a fiscal effect on local school districts because:

•   Current rules and statutes require instruction in local and state government [s. PI 18.03 (1) (a) 2., Wis. Adm. Code, and s. 118.33 (1) (a) 1., Stats.]

•   Wisconsin's Model Academic Standards for social studies already specify various performance standards in the areas of federal government and democracy education. Since most public school boards have adopted Wisconsin's Model Academic Standards, instruction relating to federal government and democracy education should already be in place.

•   Wisconsin's Model Academic Standards and current statutes require instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state [s. 121.02 (1) (L) 4., Stats.]

Schools may have to modify their social studies curriculum to include the instruction specified in the rule in a one-semester course. However, the instruction in the specified areas should not increase costs because it is assumed that such instruction is already provided by school districts.

The rules will have no state fiscal effect.

Initial Regulatory Flexibility Analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Notice of Hearings

Public Instruction

[CR 00-186]

NOTICE IS HEREBY GIVEN That pursuant to ss. 121.02 (5) and 227.11 (2) (a), Stats., and interpreting ss. 121.02 (1) (m), Stats., the department of public instruction will hold public hearings as follows to consider the amending of ch. PI 26, relating to the education for employment program. The hearings will be held as follows:

Date and Time:	Location:
March 15, 2001 3:30 - 7:30 p.m.	Wausau North Central Technical College 1000 West Campus Drive Room E-101
March 22, 2001 2:00 - 4:30 p.m.	Madison GEF 3 Building 125 South Webster Street Room 041

The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Richard Becker, Education Program Specialist, at [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Rule and Contact Person

The administrative rule is available on the internet at http://www.dpi.state.wi.us/dpi/dfm/pb/eduempl.html. A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to lori.slauson@ dpi.state.wi.us or by writing to:

Lori Slauson,
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707

Written comments on the proposed rules received by Ms. Slauson at the above address no later than March 29, 2001, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.

Analysis by the Department of Public Instruction

The proposed rules will align the education for employment requirements under ch. PI 26 with vocational/technical activities and programs being developed and implemented by public school districts. Many of the components in the current rule are the same but reorganized in the modified rule. Such components include the development of a long-range plan based on labor market information, employment needs, periodic follow-up studies of graduates, and an evaluation of current programs and staff development needs; the designation of a staff person to coordinate the program; allowance for career exploration and school supervised work experiences; and coordination with the school district standards, vocational skills, high school graduation requirements, and programs for children at risk.

The rules will remove the requirement that school boards either appoint an education for employment council or participate in a CESA council. Instead, each board shall ensure representation on the tech prep council created under s. 118.34, Stats., and the tech prep council shall annually report to the board regarding the council's progress toward achieving its goals and objectives. In addition, the rule will:

•   Add definitions of advanced placement, advanced standing, articulation course agreement, career awareness, career planning and preparation, transcripted credit and postsecondary credit for clarity.

•   Clarify career development components to be offered to pupils at the elementary, middle and high school levels (career awareness at the elementary grade levels, career exploration at the middle grade levels, and career planning and preparation at the high school levels).

•   Clarify the type of information to be collected when conducting graduate follow-up studies (graduate satisfaction with the program, and graduate placement in jobs, military, apprenticeship programs or educational institutions).

•   Require boards to include specified information on pupil transcripts (the title of the course; the high school credits earned and whether those credits were earned through advanced standing, transcripted credit, or the advanced placement program; and participating postsecondary institution, when appropriate).

•   Require the program to integrate requirements under the tech prep, youth options, and youth apprenticeship programs.

Fiscal Estimate

Many of the rule modifications made to the education for employment rule do not establish new requirements but reorganize the existing requirements. The requirements that may have a fiscal effect on school districts include:

1. Requiring school boards to include specified information on pupil transcripts (the title of the course; the high school credits earned and whether those credits were earned through advanced standing, transcripted credit, or the advanced placement program; and participating postsecondary institutions, when appropriate).

2. Clarifying the type of information to be collected when conducting graduate follow-up studies. Although graduate follow-up studies have always been required in the rule, specific information is now required to be collected for uniformity. Such information includes graduate satisfaction with the program and graduate placement in jobs, military, apprenticeship programs or educational institutions.

3. Requiring the program to integrate requirements under the tech prep, youth options, and youth apprenticeship programs. The rule will not require any formal procedures for integrating the education for employment program with the programs specified. It is meant more to acquaint program staff with similar programs so the programs can be coordinated, possibly preventing duplicative reporting under each program.

4. Eliminating the requirement that a school board either create its own council or join a CESA council. Instead require the school district to provide for representation at the tech prep council created under s. 118.34, Stats.

The level of compliance with the rule requirements by school districts is unknown. Many districts are already meeting many of the proposed recommendations as they are already required under programs such as the Carl Perkins Act. While it is assumed that the proposed modifications under items 1 and 2 may result in additional administrative and programmatic costs to some public school districts, the extent to which a district can absorb these costs in their budgets is unknown. At the same time, the requirements under items 3 and 4 may result in a cost savings to public school districts by coordinating program efforts and eliminating the requirement that a school board either: 1) establish a council, or 2) join a CESA council. Therefore, the local fiscal estimate of the proposed modifications to ch. PI 26 is indeterminable.

The proposed rules will have no state fiscal effect.

Initial Regulatory Flexibility Analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Notice of Hearing

Department of Workforce Development

(Prevailing Wages, Chs. DWD 290-294)

[CR 01-05]

NOTICE IS HEREBY GIVEN that pursuant to ss. 66.0903(5) and 103.49(3g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of s. DWD 290.155(1), relating to the annual adjustment of thresholds for application of prevailing wage rates.

Hearing Information

Date and Time:	Location:
February 27, 2001 Tuesday Commencing at 1:30 AM	G.E.F. 1 Building, Room 400X 201 East Washington Avenue Madison, WI

Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street door. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority: Sections 66.0903(5) and 103.49(3g).

Statutes interpreted: Sections 66.0903(5) and 103.49(3g).

The state prevailing wage laws require that when a state agency or local governmental unit contracts for the construction of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Under ss. 66.0903(5) and 103.49(3g), Stats., and the current s. DWD 290.155(1), the state prevailing wage rate laws do not apply to any single-trade public works project for which the estimated cost is below $34,000, and it does not apply to any multi-trade public works project for which the estimated cost is below $168,000.

Pursuant to ss. 66.0903(5) and 103.49(3g), Stats., and s. DWD 290.15, the Department is required to adjust the dollar amounts of the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. The threshold adjustment is based on changes in the construction cost index published in the Engineering News-Record, a construction trade publication. The proposed rule adjusts the thresholds from $34,000 to $35,000 for single-trade projects and from $168,000 to $172,000 for multi-trade projects based on a 2.6% increase in the construction cost index between December 1999 and December 2000.

Rule Text