Register 558B: Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 558, 6/30/2002

Rule-making notices

Notice of Hearings

Agriculture, Trade and Consumer Protection
[CR 02-078]

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on its rule relating to chronic wasting disease in cervids. The department will hold four hearings at the times and places shown below. The department invites the public to attend the hearings and comment on the rule. Following the public hearings, the hearing record will remain open until August 2, 2002, for additional written comments.

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 608-224-4883. Copies will also be available at the hearings.

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by July 10, 2002, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.

Hearings are scheduled:

Tuesday, July 16, 2002, commencing at 6:00 p.m.

UW Fond du Lac

University Center, Rm. 113

400 University Ave

Fond du Lac, WI 54935

Handicapped accessible

Thursday, July 18, 2002, commencing at 6:00 p.m.

Quality Inn

809 West Clairemont Avenue

Eau Claire, WI 54702 – 8037

Handicapped accessible

Monday, July 22, 2002, commencing at 6:00 p.m.

WI Dept. of Agriculture, Trade & Consumer Protection

Board Room

2811 Agriculture Drive

Madison, WI 53718

Handicapped accessible

Thursday July 25, 2002, commencing at 6:00 p.m.

UW Marathon County

Terrace Room NA 100

518 South 7th Avenue

Wausau, WI 54401

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory Authority: ss. 93.07 (1), 93.07 (10) and 95.20, Stats.

Statutes Interpreted: ss. 93.07 (10), 95.20, 95.22, and 95.31, Stats.

This rule regulates the import, testing, identification and movement of farm-raised deer (including deer and elk) to prevent the spread of chronic wasting disease. This rule also modifies current rules related to the registration of farm-raised deer herds in this state. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers this rule.

For the most part, this rule does not apply to wild deer or elk regulated by the Department of Natural Resources (DNR). However, this rule does regulate imports of wild deer and elk. This rule also requires a person to report to DATCP if farm-raised deer or a wild deer or elk tests positive for chronic wasting disease.

Background

Chronic wasting disease was recently discovered in the wild deer population in Wisconsin. Chronic wasting disease is a form of transmissible spongiform encephalopathy, a disease that is always fatal. It is known to affect several species of cervids, including elk, white-tailed deer, black-tailed deer, mule deer and red deer. Very little is known about the disease, but it appears to be spread by cervid-to-cervid contact. The disease may spread more readily where cervids are concentrated.

Chronic wasting disease has not been diagnosed in farm-raised deer in this state, but its presence cannot be ruled out. The disease has been diagnosed in some farm-raised herds in other states. This rule establishes a monitoring and testing program for farm-raised deer in this state. This rule also regulates imports and movement of farm-raised deer.

Registering Farm-Raised Deer Herds

DATCP currently regulates “farm-raised deer" herds in this state. Under the new captive wildlife law (2001 Wis. Act 56), captive white-tail deer will also be classified as “farm-raised deer" after January 1, 2003. This rule regulates the keeping of “farm-raised deer," including captive white-tail deer.

Under current rules, a person keeping a herd of farm-raised deer must register the herd with DATCP. A person who keeps farm-raised deer at 2 separate locations may register all of those farm-raised deer as a single herd, and may freely move farm-raised deer between the 2 locations. Under this rule, a person may no longer register herds kept at 2 locations as a single herd, but must register each location as a separate herd. This means that the person must comply with intra-state movement regulations (see below) when moving farm-raised deer between the 2 locations.

A person may register separate herds at the same location if there is “medically significant separation" of the herds. There must be adequate fencing and facilities to maintain the separation, and the herd owner must comply with intra-state movement regulations (see below) when moving farm-raised deer between the herds. A person might choose to register separate herds at the same location if, for example, the person maintains a breeding operation (from which live animals are shipped) and a separate hunting operation (from which no live animals are shipped) at that location.

Before DATCP registers 2 herds at the same location, DATCP must inspect the premises to determine whether the facilities and fencing are adequate to maintain “medically significant separation" of the herds. The herd owner must pay, in addition to the normal registration fees, a $150 inspection fee to cover the costs of the inspection.

Under current rules, DATCP must grant or deny registration within 30 days after DATCP receives a complete application. Under this rule, if DATCP must inspect to ensure that there is “medically significant separation" between herds kept at the same location, DATCP must grant or deny the registration within 60 days after receiving a complete application.

Duties of Herd Owners

A person keeping farm-raised deer must comply with this rule. The person must keep complete herd records, including records related to animals entering or leaving the herd. The person may not add a cervid to the herd unless the cervid is imported in compliance with this rule, or moved from another registered herd in compliance with this rule. The person may not accept into the herd, on a temporary or permanent basis, any cervid from a wild herd. DATCP may deny, suspend or revoke a registration certificate for cause, including violations of this rule.

Importing Deer and Elk to Wisconsin

Under current rules, no person may import a deer, elk or other cervid into Wisconsin without a permit from DATCP. The importer, or a veterinarian acting on behalf of the importer, may apply for an import permit. The applicant must identify the herd of origin and the herd of destination. Current import rules apply to wild cervids as well as farm-raised deer.

This rule clarifies that DATCP will not issue a written import permit until DATCP receives a certificate of veterinary inspection completed by a federally accredited veterinarian. The certificate must identify each cervid to be imported, and must certify one of the following:

• The cervid originates from a herd monitored for at least 5 years under a state-approved chronic wasting disease herd certification program that complies with federal uniform methods and rules.

• The cervid originates from a herd that meets all the following criteria:

- Herd members have all been born in the herd or kept in the herd for at least one year.

- Herd members have not been added from any outside source, or exposed to cervids from any outside source, in the past year.

- There have been no clinical signs of chronic wasting disease in the herd for the past 5 years.

- Animal health officials in the state of origin have access to herd records for the past 5 years, including records of deaths and causes of death.

- If the cervid is imported after December 31, 2003, the animal originates from a herd that is enrolled in a state-approved chronic wasting disease program that complies with federal uniform methods and rules:

* Animals imported in 2004 must originate from herds enrolled for at least one year.

* Animals imported in 2005 must originate from herds enrolled for at least 2 years.

* Animals imported in 2006 must originate from herds enrolled for at least 3 years.

* Animals imported in 2007 must originate from herds enrolled for at least 4 years.

* Animals imported in 2008 and subsequent years must originate from herds enrolled for at least 5 years.

Moving Live Farm-Raised Deer from Herds in Wisconsin

Under current rules, no person may move a live farm-raised deer from a herd in this state without a certificate of veterinary inspection. A Wisconsin certified veterinarian must certify that the farm-raised deer has tested negative for tuberculosis (there are some exceptions). Under this rule:

• The veterinarian must also certify that the herd of origin has shown no clinical signs of chronic wasting disease in the last 12 months. The veterinarian must be the herd veterinarian for the herd of origin.

• The herd of origin must be enrolled in Wisconsin's herd monitoring program (see below). The required length of enrollment will increase over time:

- Beginning in 2004, the herd must have been enrolled for at least one year.

- Beginning in 2005, the herd must have been enrolled for at least 2 years.

- Beginning in 2006, the herd must have been enrolled for at least 3 years.

- Beginning in 2007, the herd must have been enrolled for at least 4 years.

- Beginning in 2008, the herd must have been enrolled for at least 5 years.

These requirements do not apply to any of the following:

• A farm-raised deer moved directly to slaughter if it is tested for chronic wasting disease.

• A farm-raised deer moved by or under the control of DNR.

• A farm-raised deer moved between institutions that are accredited by the American association of zoological parks and aquariums.

Mandatory Testing in Wisconsin

This rule requires chronic wasting disease testing of farm-raised deer. There is no test available for live farm-raised deer. Tests must be conducted on brain tissue collected from dead farm-raised deer. Tests are only effective on farm-raised deer at least 16 months old. This rule requires herd owners to have all the following tested for chronic wasting disease:

• All farm-raised deer at least 16 months old that are shipped to slaughter.

• All farm-raised deer at least 16 months old whose carcasses (or any part of whose carcasses) leave the herd premises.

A herd owner enrolled in Wisconsin's herd monitoring program (see below) must also test farm-raised deer at least 16 months old that die on the herd premises, even if their carcasses do not leave the herd premises. No live farm-raised deer may be shipped from a herd unless that herd is enrolled in the monitoring program.

Test Standards and Reports

This rule spells out standards for official chronic wasting disease testing in this state. Under this rule:

• Test samples must be collected by a DATCP-certified veterinarian, a DATCP employee, an employee of the animal and plant health inspection service of the United States department of agriculture (APHIS), or another person approved by DATCP. The person must complete training approved by DATCP.

• Test samples must be collected according to standard veterinary procedure, and tested at a laboratory approved by DATCP or APHIS.

• Veterinarians and others must report to DATCP if test results are positive for chronic wasting disease. This reporting requirement applies to voluntary tests, as well as required tests. Persons receiving positive test results must report within one day, and confirm the report in writing within 10 days.

Quarantine and Condemnation

Under this rule, if a farm-raised deer tests positive for chronic wasting disease, DATCP must quarantine the herd. DATCP will conduct an epidemiological evaluation to determine the appropriate disposition of farm-raised deer in the herd. DATCP may condemn farm-raised deer exposed to the disease, and may direct the disposition of their carcasses. The herd owner may apply for statutory indemnity payments. If the owner of a farm-raised deer is eligible, indemnities will normally cover 2/3 of the appraised value of the condemned farm-raised deer, but not more than $1500 for each animal.

Herd Monitoring Program

This rule establishes a herd monitoring program for chronic wasting disease. This program supplements the mandatory testing requirements described above. No live farm-raised deer may be shipped from a herd unless that herd is enrolled in the monitoring program (see above). A herd owner who wishes to enroll in the program must do all the following:

• Complete an application form.

• Provide a report of a herd census completed not more than 30 days before the application date. The census report must include all the following:

- The number, species and sex of farm-raised deer in the herd.

- The number of farm-raised deer at least one year old.

- The number of farm-raised deer less than one year old.

- The official individual identification (ear tag number or other approved identification) of each farm-raised deer that is at least one year old.

• Provide a statement from the herd veterinarian. The veterinarian must certify that he or she is the herd veterinarian, and that no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease in the past 12 months.

DATCP must grant or deny the application within 30 days. A herd is enrolled in the program when DATCP accepts the herd owner's application. The herd owner must do all the following to remain in the program:

• Identify each farm-raised deer in the herd, with official individual identification, before the farm-raised deer is one year old.

• Test every farm-raised deer that dies or is shipped to slaughter, if that farm-raised deer is at least 16 months old. This testing requirement applies, regardless of whether the carcass leaves the herd premises.

• Notify the herd veterinarian within 24 hours after the herd owner observes any signs or symptoms of chronic wasting disease.

• Provide an annual statement from the herd veterinarian. The herd veterinarian must submit the annual statement to DATCP, within 30 days before or after the herd enrollment anniversary date. The veterinarian must certify that he or she is the herd veterinarian, and that no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease since the last annual statement.

• File a report of an annual herd census. The herd owner must complete the annual census within 30 days before or after the enrollment anniversary date, and must file the report within 10 days after completing the census. The census report must include all the following:

- The number, species and sex of farm-raised deer in the herd.

- The number of farm-raised deer at least one year old, and the number less than one year old.

- The official individual identification of each farm-raised deer that is at least one year old.

- The number, species and sex of farm-raised deer added to the herd since the last reported herd census. The report must indicate whether these new farm-raised deer were born into the herd or added from another source. If farm-raised deer were added from another source, the report must identify the source from which they were obtained.

- The number of farm-raised deer that left the herd since the last reported herd census. The report must explain how each farm-raised deer left the herd, including all the following:

* Whether the farm-raised deer died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.

* If the farm-raised deer was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.

* If the farm-raised deer died on the premises, the animal's age and the disposition of its carcass. If the carcass left the premises, the report must identify the carcass destination or recipient. If the animal was at least 16 months old, the report must include a chronic wasting disease test report.

* If the farm-raised deer was shipped to slaughter, the animal's age and the name and address of the slaughter establishment. If the farm-raised deer was at least 16 months old, the report must include a chronic wasting disease test report.

• Maintain all the following records for at least 5 years, and make those records available to DATCP for inspection and copying upon request:

- A record of each farm-raised deer added to the herd from another source, including:

* The species, age and sex of the animal.

* The name and address of the person from whom the animal was obtained.

* The address of the herd from which the animal was obtained.

- A record of each farm-raised deer leaving the herd, including all the following:

* Whether the animal died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.

* If the animal was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.

* If the animal died on the premises, the apparent cause of death, the animal's age, and the disposition of the animal's carcass. If the carcass left the premises, the record must identify the carcass destination or recipient.

* If the animal was shipped to slaughter, the animal's age and the name and address of the slaughter establishment.

A copy of all records received from the herd veterinarian related to veterinary services provided to the herd.

Fiscal Estimate

This rule establishes a regulatory program to prevent and control chronic wasting disease in cervids (including deer and elk). This rule applies to captive, not wild, cervids. This rule establishes a mandatory herd monitoring program, testing requirements, annual reporting requirements, and restrictions, regarding Chronic Wasting Disease (CWD), on movement into and within the state of Wisconsin for captive and commercial cervids. There will be significant increases in workload, significant costs for additional staff, and costs to educate and inform the citizens and cervid owners of Wisconsin in order to manage this disease appropriately and responsibly.

The Department is responsible for 985 registered deer farms, with an average herd size of 50 head per herd, that will need to begin testing for CWD in some capacity, and be actively monitored. All cervids, 16 months of age or older, whose carcass leaves the herd premises, for any reason, will require testing. Additionally, in order for these farms to move live animals from their establishments they will need to comply with the herd monitoring program as set out in the rule. This will require increased costs in record keeping, data maintenance, and surveillance and monitoring to assure that the farms and meat processing plants are in compliance with requirements. The additional number of inspections of facilities and record audits will be unmanageable with current staff. With the discovery of CWD in Wisconsin staff will be needed to do thorough investigations that will include interviews and detailed record inspections and follow-ups with all deer farms. Extensive epidemiological investigations will ensue in the event of a quarantine, and could lead to whole herds being euthanized. In order to ensure the health of the captive and commercial deer in Wisconsin more extensive monitoring for illegal movements and active, timely investigations of records and complaints will be necessary.

Public and industry outreach and education will need to be conducted to disseminate accurate and timely information about what is known regarding CWD, what can be done to prevent the spread and what measures the Department is taking. Training for herd owners and veterinarians (department employed and private) will also need to be provided.

To manage and contain the disease it is anticipated that 5 herds per year will need to be bought by the department as deemed necessary through epidemiological evaluation and risk analysis, separate from indemnification.

Revenue will be generated by additional registration of premises requirements. Two locations can no longer be under one registration. One premises can have two separate herds registered, however these locations must be inspected by the Department for a fee of $150. Additional revenues are estimated at $39,800. This is based on the following assumptions:

1. Of the existing non white tailed deer farms, approximately 17% have two locations that will need to be registered separately, that are currently under one registration, generating an estimated $4,800 annually.

2. Of the existing white-tailed deer farms, it is estimated the 26% will go out of business, and the remaining farms will generate $32,500 annually in registration fees.

3. For a multiple registration on one premises, inspections are estimated to generate $2,500 annually

The fiscal estimate is $2,406,000 annually.

Initial Regulatory Flexibility Analysis

Rule Description

This rule affects farm-raised deer keepers. It includes general registration requirements and provisions related specifically to chronic wasting disease. This rule does the following:

• Includes white-tail deer farmers in the registration requirements that already exist for farm-raised deer keepers. This implements the new captive wildlife law (2001 Act 56) which will be effective January 1, 2003.

• Changes requirements for persons keeping 2 or more farm-raised deer herds.

• Increases record keeping requirements for farm-raised deer keepers.

• Prohibits farm-raised deer keepers from accepting into his or herd, on a permanent or temporary basis, any cervid from a wild herd.

• Imposes import restrictions specifically related to reducing the likelihood that chronic wasting disease will be imported to a farm-raised deer herd.

• Imposes restrictions on movement of farm-raised deer within Wisconsin. Requires participation in CWD herd monitoring program before any live cervid can be moved off farm-raised deer premises in Wisconsin.

• Requires CWD testing of every cervid over the age of 16 months that dies on a farm-raised deer farm if any part of the carcass is removed from the farm.

• Requires pre-movement tuberculosis testing of farm-raised white-tail deer in Wisconsin.

Small Businesses Affected by this Rule

Currently there are approximately 985 persons who are either registered as farm-raised deer keepers or licensed by DNR as game farms. After January 1, 2003, all of these people will be required to register with DATCP as farm-raised deer keepers. Most of these people qualify as a small business and will be affected by this rule.

Effects on Small Business

This rule will have a substantial impact on registered farm-raised deer keepers. It increases costs by requiring the farm-raised deer keeper to have CWD testing done on any cervid over 16 months of age that dies on the registered premises if any portion of the carcass leaves the registered premises. It also requires CWD testing of any cervid over 16 months of age that is shipped directly to slaughter. In addition, if any live cervid is moved from the registered premises, the farm-raised deer keeper is required to test every cervid over 16 months of age that dies on the premises, whether or not any part of the carcass leaves the premises. All costs of testing are the responsibility of the farm-raised deer keeper. It is not clear how much the testing will cost, but it is estimated it could cost as much as $100 per test.

If the farm-raised deer keeper plans to move any live animal off the registered premises, the herd will have to be enrolled in the CWD herd monitoring program. The farm-raised deer keeper whose herd is enrolled in the CWD herd monitoring program under this rule will incur additional costs. Every cervid in the herd that dies after reaching 16 months of age must have a CWD test completed, regardless of whether any part of the carcass leaves the premises. In addition, every cervid in the herd must be identified with official individual identification before it reaches 1 year of age, or before it leaves the premises whichever occurs first. If the herd owned applies the identification herself or himself, it could be done for $1.00 or less per animal. If a veterinarian is used to apply the identification, the costs could be substantially more. As part of the CWD herd monitoring program, the herd owner will have to maintain more detailed records and file an annual census with the department. Under this rule, the requirement that cervids moving off registered premises must originate from a herd that is enrolled in the CWD monitoring program is effective immediately. The requirement is gradually increased so that effective in 2008, the herd of origin must have been in the herd monitoring program for 5 years prior to movement of animals from the herd.

Under current rules, a farm-raised deer may not be removed from the herd premises unless a certified veterinarian completes a certificate of veterinary inspection and the cervid has tested negative for tuberculosis. This rule extends the requirement for a certificate of veterinary inspection and negative tests for tuberculosis prior to movement to all farm-raised white-tail deer. These requirements represent an additional cost to the keeper of farm-raised white-tail deer. In addition to the costs to obtain a certificate of veterinary inspection and to complete the tuberculosis tests, many keepers of farm-raised white-tail deer will find that efficiency in completing the tuberculosis tests requires the keeper to purchase new animal handling equipment that will permit testing of the cervids without anesthetization. The rule does not require installation of animal handling equipment, only completion of the test. We estimate this type of animal handling equipment could cost about $3000 – 5000.

Some limited number of farm-raised deer keepers will incur additional registration fees. Under current rules, a keeper of farm-raised deer is allowed to register more than one location as one operation and pay one registration fee. Under this rule, each separate location must be registered separately and separate registration fees are paid for each location. (The registration fee for each location is $50 if no more than 15 deer are kept at the location or $100 if more than 15 deer are kept at the location.)

Under this rule a farm-raised deer keeper may register more than one herd at a location if the fences and facilities are adequate to maintain a “medically significant separation" between the herds. One instance where this would be necessary is if the farm-raised deer keeper maintains a breeding herd that he wants to ship live animals out of, and a hunting herd at the same location. If the keeper ships live animals out of the breeding herd, he or she must either enroll all the animals in both herds in the herd monitoring program, including applying official individual identification to all the animals and maintaining an accurate census, or maintain and register two separate herds. If the keeper maintains two separate herds at one location, he or she will incur the additional registration fee and an inspection fee of $150 per inspection for a DATCP employee to inspect the premises to assure that the fences and/or facilities are adequate to maintain a “medically significant separation."

Under this rule, cervids may not be imported into Wisconsin unless they originated from a herd that has been under surveillance or monitored for CWD for a period of 5 years. A herd that is under surveillance for CWD is being watched by an accredited veterinarian to determine whether animals in the herd show clinical signs of CWD. A herd that is being monitored for CWD is being watched for clinical signs of CWD and animals that die are being tested for CWD. In addition, the herd owner identifies each animal, maintains in depth records of each animal and makes those records available to the animal health officials in the state of origin. This rule immediately requires that any cervid being imported originate from a herd that has been under surveillance for 5 years. The rule gradually phases in a change from 5 years of surveillance to 5 years as a monitored herd. This requirement reduces the number of potential sources for a farm-raised deer farmer to purchase animals for addition to the herd. Because the number of sources is reduced, the price of the cervids may increase. It is not possible to determine how much of a price increase might occur.

Steps to Assist Small Business

For purposes of controlling this disease threat, it is essential that cervids be identified with official individual identification and records maintained of their movements. Prior to this rule, official individual identification generally required a veterinarian to insert an official eartag in the ear of the animal. This could become very costly and caused extreme stress for some of the animals. This rule recognizes a new form of official individual identification called a “chronic wasting disease registration tag." The herd owner will register with DATCP and receive a premises ID. The herd owner then is allowed to contact an approved manufacturer to obtain eartags that will include both the premises ID and an individual ID number that the owner will assign to each individual animal. The owner will be able to apply these tags to the cervids and will probably be able to do so at a cost of less than $1.00 per animal.

The department would like to require that any cervid moving interstate or within Wisconsin originate from a herd that has been participating in a CWD monitoring program for at least 5 years. However, the department recognizes that imposing such a restriction at this time would be onerous. Therefore, the department is phasing in the restriction to allow people to get enrolled in the program and meet shipment requirements as the requirements increase. By 2008, the requirements for 5 years of participation in the herd monitoring program will be fully implemented.

Conclusion

This rule will have a significant impact on farm-raised deer keepers throughout Wisconsin. It may be costly for farm-raised deer keepers to comply with the requirements of the rule. However, the alternative may be the total failure of the industry. If Chronic Wasting Disease becomes established in the farm-raised deer industry in Wisconsin, we will see significant loss of animals due to the disease, a complete closing of markets for live animals from Wisconsin and we may see a significant reduction in the number of hunters willing to pay for a hunt in Wisconsin. In addition, we would likely see a significant call from politicians and the public for the elimination of legal deer farms in the state. The provisions of this rule are designed to minimize the risk that chronic wasting disease will be introduced to Wisconsin deer farms, and if it is discovered in a deer farm, they should help confine and potentially eliminate the disease from the farmed population. Ultimately, if the industry is to survive, these provisions need to be adopted.

Notice of Hearing

Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
[CR 02-090]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 443.06 (3), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create s. A-E 6.07, relating to land surveyor temporary permits.

Hearing Date, Time and Location

Date: July 24, 2002

Time: 10:00 a.m.

Location: 1400 East Washington Avenue

Room 124

Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 7, 2002 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statutes interpreted: s. 443.06 (3), Stats.

Section 443.06 (3), Stats., provides for the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, to grant a temporary permit for the practice of land surveying to applicants who hold a valid land surveying license in another state. Current laws and rules do not specify an expiration date for the temporary permit. The proposed rule would clarify the expiration date of the temporary permit to be the date the applicant is notified that he or she passed or failed the state jurisdictional examination. If the applicant did not appear to be tested, the temporary permit would expire on the date of the next scheduled state jurisdictional examination.

The proposed rules would consist of three sections. The first section would identify the requirements for obtaining a temporary permit. The second section would describe the conditions under which the temporary permit would expire. And the third section would provide for the board to grant an extension of the temporary permit under certain conditions.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Wis. Stat.

Copies of Rule and Contact Person

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495

Notice of Hearings

Corrections)
[CR 02-038]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 302.02, 301.03 (2), Stats., the department of corrections proposes the following rule relating to complaint procedures.

Hearing Information:

Date & Time Location

July 15, 2002 Wood County Courthouse

Monday 400 Market Street

11:00 a.m. - 1:00 p.m. Room 210B (Second Floor)

Wisconsin Rapids, Wisconsin

July 16, 2002 State Office Building

Tuesday 141 N.W. Barstow Street

11:00 a.m. - 1:00 p.m. Room 137 A

Waukesha, Wisconsin

The public hearing sites are accessible to people with disabilities.

Analysis Prepared by the Department of Corrections

The department's rule on inmate complaint procedures was last amended in 1998. Since that time the department has designed and added a new database and automated many of the record-keeping functions described in this rule. As prison administration continually evolves, so must our administrative code. For these reasons, the department proposes updating the rule.

Since implementing the department's Inmate Complaint Tracking System, physical processing of inmate complaints has changed. This rule helps to clarify the process and that, in turn, promotes efficiency as well as understanding. For example, this rule proposal eliminates various vague statements such as in s. DOC 310.06 (2) (b) which states that the Inmate Complaint Examiner may “reject a complaint in accordance with provisions of this chapter;" and inserts a more concrete statement of “return complaint forms that do not meet the filing requirements of this chapter." This language is more specific and provides inmates with the clear understanding that their complaints may be returned without being processed for failure to comply with filing requirements. The previous statement notified inmates that they might have their complaint returned but did not go as far to inform the inmate of a specific reason. Clarity in this rule may even lead to fewer inmate complaints, as they may understand the system better. The addition of specific requirements in s. DOC 310.09 (1) ensures that inmates know exactly what is required of them in filing complaints. It ensures easier processing of complaints through consistency and should logically result in fewer inmate complaints being returned for incomplete filing. This clarification will also assist the department in investigating inmate complaints in a timelier manner.

This proposed rule also eliminates redundancy by removing such items as s. DOC 310.08 (1), which states that “an inmate may use the complaint review system individually or with a group of inmates collectively." This statement is simply not necessary at this point in the rule as it is addressed in detail in ss. DOC 310.09 as well as 310.10.

This rule proposal eliminates unnecessary directives regarding internal processing such as in ss. DOC 310.08 (4) and (5), which state where complaints will be directed within the department. DOC 310.11 (1) is also amended to simplify existing language to merely specify that “ICE staff" collect complaints.

This rule proposes changes in the time limits throughout the complaint process. The time limit for making a recommendation to the appropriate reviewing authority and the time needed to render a decision have each expanded by five working days. This change reflects both the increased time needed to effectively review and decide certain complaints, as well as the time needed to review the increasing number of complaints from a growing inmate population.

The current rule allows an inmate to appeal only a frivolous complaint to the appropriate reviewing authority, while this proposed rule allows inmates to appeal a rejected complaint to the appropriate reviewing authority. Non-frivolous complaints are currently reviewed directly by the Corrections Complaint Examiner, thereby skipping a logical step in the process. The proposed rule also makes the reviewing authority's decision final in all appeals, not just frivolous appeals as in the current rule.

In summary, this rule proposal more logically and succinctly explains the progression of the complaint from its origin with the inmate through the appeal process and final decision, when applicable, by the Office of the Secretary of the Department of Corrections.

Initial Regulatory Flexibility Analysis

These rules are not expected to have an effect on small businesses.

Fiscal Estimate

The department's rule on inmate complaint procedures was last amended in 1998. Since that time, the department has designed and added a new database and has also automated many of the recordkeeping functions described in this rule. For these reasons, the department proposed updating the rule.

The updated language helps clarify the process by adding specificity, eliminating redundancy, and providing inmates with a clear understanding of how the process works.

Ultimately, this rule proposal explains the complaint process in a more logical and concise manner. It is not anticipate that these changes will have any fiscal impact on the department.

Contact Person

For a copy of the proposed rule contact:

Julie Kane (608) 240-5015

Office of Legal Counsel

P.O. Box 7925

Madison, Wisconsin 53707-7925

If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written Comments

Written comments on the proposed rules received at the above address no later than July 22, 2002, will be given the same consideration as testimony presented at the hearing.

Notice of Hearing

Health & Family Services
(Health, Chs. HFS 110-)

[CR 02-083]

Notice is hereby given that, pursuant to s. 149.143 (2) (a) 2., 3., and 4. and (3), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of ss. HFS 119.07 (6) (b) (intro) and health care premium tables and 119.15, Wis. Adm. Code, relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP), and the emergency administrative rules taking effect on the same subject on July 1, 2002.

Hearing Information

The date, time and location of the public hearing is:

July 15, 2002 Conference Room 372

Monday State Office Building

1:00 p.m. 1 West Wilson Street

MADISON, WI

The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.

Analysis Prepared by the Department of Health and Family Services

The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. One type of medical coverage provided by HIRSP is the Major Medical Plan. This type of coverage is called Plan 1. Eighty-eight percent of the 13,645 HIRSP policies in effect in March 2002 were of the Plan 1 type. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The average premium rate increase for Plan 1 contained in these updated HIRSP rules is 25.4%. Rate increases for specific policyholders range from 19.2% to 27.8%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. According to state law, HIRSP premiums must fund 60% of plan costs and cannot be less than 150% of the amount an individual would be charged for a comparable policy in the private market.

A second type of medical coverage provided by HIRSP is supplemental coverage for persons eligible for Medicare. This type of coverage is called Plan 2. Plan 2 has a $500 deductible. Twelve percent of the 13,645 HIRSP policies in effect in March 2002 were of the Plan 2 type. The average premium rate increase for Plan 2 contained in these updated HIRSP rules is 30.8%. Rate increases for specific policyholders range from 23.3% to 33.5%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. These rate increases reflect general and industry-wide cost increases and adjust premiums in accordance with the authority and requirements set out in s. 149.14 (5m), Stats.

The department through these rules is amending two sections of the HIRSP program administrative rules:

1. The rules are updating HIRSP premium rates in ch. HFS 119 in accordance with the authority and requirements set out in s. 149.143 (2) (a), Stats. The Department is required to set premium rates by rule. Rates must be calculated in accordance with generally accepted actuarial principles. Policyholders are to pay 60% of the costs of HIRSP. The HIRSP premium rate tables in ch. HFS 119 are updated in accordance with these principles and requirements for the time-period beginning July 1, 2002.

2. The rules are also updating the total HIRSP insurer assessments and provider payment rates in accordance with the authority and requirements set out in s. 149.143 (2) (a) 3. and 4., Stats. With the approval of the HIRSP Board of Governors and as required by statute, the Department of Health and Family Services approved a methodology that reconciles HIRSP program costs, policyholder premiums, insurance assessments and collected health care provider contributions. The adjustments to the insurer assessments and the provider payment rates, contained in the updated HIRSP administrative rules for the time-period beginning July 1, 2002, are the result of this reconciliation process for calendar year 2001. The HIRSP Board of Governors has reviewed and approved these adjustments to policyholder premiums, insurer assessments and provider payment rates.

Identical emergency rules will be published to take effect on July 1, 2002.

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room B274

Madison, WI 53701-0309

(608) 267-7127

or, if you are hearing impaired, (608) 266-1511 (TTY)

If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed rules received at the above address no later than July 23, 2002 will be given the same consideration as testimony presented at the hearing.

Fiscal Estimate

These rules update HIRSP policyholder premium rates effective July 1, 2002. They also update HIRSP insurer assessments and provider payment rates for the 12-month period beginning July 1, 2002. These updates are being performed to reflect changing HIRSP costs, and in accordance with a statute-specified methodology, in order to offset upcoming program costs. Annual fiscal updates to the HIRSP rules generally take effect in July each year. The fiscal updates contained in these rules were developed by an independent actuarial firm and reviewed and approved by the HIRSP Board of Governors. By law, the Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties.

It is estimated that the proposed changes will increase HIRSP program revenues by $37,424,388 in State Fiscal Year 2003, compared to State Fiscal Year 2002. This amount is comprised of an increase of $6,385,533 in insurer assessments, an increased adjustment (levy) of $4,768,154 to provider payment rates, and an increase of $26,270,701 in policyholder premiums. Enrollment in HIRSP is expected to increase 36% in State Fiscal Year 2003. These rule changes will not, by themselves, affect the expenditures or revenues of local government. There is no local government involvement in the administration of HIRSP.

These adjustments to the policyholder premiums, provider payment rates and insurer assessments are proposed to occur July 1, 2002 as the result of a routine, annual update of HIRSP rules. A similar, budget-based update of HIRSP rules previously occurred in 1998, 1999, 2000 and 2001. Policyholder premiums will be adjusted as new HIRSP policies are initiated or renewed.

Initial Regulatory Flexibility Analysis

The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for the assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.

Notice of Hearings

Health and Family Services
(Health, Chs. HFS 110-)

[CR 02-070]

Notice is hereby given that, pursuant to s. 149.143 (2) (a) 2., 3. and 4. and (3), Stats., the Department of Health and Family Services will hold public hearings to consider the proposed permanent and existing emergency amendment of s. HFS 152.065 (6), relating to reimbursement of chronic renal disease, to amend s. HFS 153.07 (4), relating to reimbursement for blood products and supplies used in the care of hemophilia and to amend s. HFS 154.07 (4), relating to reimbursement for treatment of adults with cystic fibrosis. In each of the three rule chapters, the amendment increases the amount recipients must pay for prescription drugs under these chronic disease programs.

Hearing Information

The public hearings will be held:

July 11, 2002 Room BO201

Thursday Business Building

1:00 p.m. Waukesha County Technical College

800 Main Street

PEWAUKEE, WI 53702

July 12, 2002 Room E105

Friday Education Building

10:00 a.m. Mid-State Technical College

500 – 32nd Street North

WISCONSIN RAPIDS, WI 54494

The hearing sites are accessible to people with disabilities. At each of the two sites, parking for people with disabilities is available in the parking lot next to the building. People with disabilities may enter each building, at each site, directly from the parking lot.

Analysis Prepared by the Department of Health and Family Services

The Wisconsin Chronic Disease Program (WCDP) is the payer of last resort for Wisconsin citizens with medical problems relating to chronic renal disease, adult cystic fibrosis or hemophilia. The department administers the WCDP. The WCDP reimburses beneficiaries' dialysis and transplant services, home supplies, lab and x-ray services for chronic renal disease recipients.

The majority of WCDP's annual $5 million budget is for reimbursement of recipients' drug costs. WCDP copayments are currently $1 per prescription. These rules increase WCDP copayments to a total of $5 for each generic drug prescription and $10 for each brand name drug prescription. These new copayment amounts resemble those used by commercial health insurers. They were determined by the Department in consultation with its Chronic Renal Disease Program Advisory Committee.

The proposed rules potentially affect approximately 6,500 individuals with chronic renal disease, 200 individuals with hemophilia and 150 individuals with adult cystic fibrosis. Approximately 41% of persons enrolled in the program received state-funded benefits in state fiscal year 2000-01. The rest either incurred no expenses that were covered under WCDP, or their expenses did not exceed the required deductibles.

The Department issued emergency rules, identical to the proposed permanent rules, that took effect July 1, 2002. The Department intends the proposed permanent rules to replace the emergency rules. The public hearings will hear testimony with regard to both the proposed permanent rules and the existing emergency rules.

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room B274

Madison, WI 53701-0309 (608) 267-7127 or, if you are hearing impaired, (608) 266-1511 (TTY).

Written comments on the proposed rules received at the above address no later than July 22, 2002 will be given the same consideration as testimony presented at the hearing.

Fiscal Estimate

The fiscal impact of these proposed rules was developed and reviewed by Department staff, the program's fiscal agent, and the Department's chronic renal disease advisory committee. WCDP copayments are currently $1 per prescription. These rules increase WCDP copayments to a total of $5 for each generic drug prescription and $10 for each brand name drug prescription. The Department estimates that WCDP funding requirements resulting from a higher generic drug prescription copayment will be reduced by $69,100 [($5-$1) X 17,277 generic drug prescriptions]. The Department also estimates that WCDP funding requirements resulting from a higher brand name drug prescription copayment will be reduced by $206,400 [($10-$1) X 22,930 brand name drug prescriptions]. Therefore, the Department estimates the total annual state savings to be $69,100 + $206,400 = $275,500.

Initial Regulatory Flexibility Analysis

The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. The proposed WCDP rule changes affect the Department of Health and Family Services, the Department's fiscal agent and the program's enrollees.

Notice of Hearings

Natural Resources
(Fish, Game, etc., Chs. NR 1—)
[CR 02-089]

NOTICE IS HEREBY GIVEN that pursuant to ss. 27.01 (2), 29.014, 29.089 (3), 29.041 and 227.11, Stats., interpreting ss. 29.014, 29.089 (3) and 29.041, Stats., the Department of Natural Resources will hold public hearings relating to small game and expanded spring turkey hunting in state parks. Hunting for small game, including migratory and upland game birds, will be allowed at Governor Dodge, Mill Buff, Mirror Lake and Newport state parks. Spring turkey hunting during the first 3 periods only will be allowed with permits at Interstate, Newport and Willow River state parks. The proposed rule will sunset in 2005. The small game hunting will follow established Department rules except:

1. The proposed parks will be open to all small game species except those specifically exempted by the regional land leader.

2. The use of dogs for small game hunting will be permitted only for game birds.

3. Small game hunting will be permitted only between November 1 and December 15 (except where statewide or regional season ends earlier for a particular species). Bag limits applicable to the land surrounding the park would apply to the park as well.

4. Small game hunting will be permitted from one half-hour before sunrise until 12 noon.

5. Small game hunting will be by permit only.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

NOTICE IS HEREBY GIVEN that the hearings will be held on:

Monday, July 15, 2002 at 7:00 p.m

Council Chambers

Dodgeville City Hall

100 E. Fountain St.

Dodgeville

Tuesday, July 16, 2002 at 7:00 p.m.

Community Room

St. Croix Co. Courthouse

1101 Carmichael Rd.

Hudson

Wednesday, July 17, 2002 at 7:00 p.m.

Community Center

Kilbourn Public Library

620 Elm Street

Wis. Dells

Thursday, July 18, 2002 at 7:00 p.m.

Room A150

Door Co. Courthouse

421 Nebraska Street

Sturgeon Bay

NOTICE IS HEREBY FURTHER GIVEN that Department staff will be available to answer questions for an hour preceding the public hearing.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

$62,160 increased costs.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than July 19, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-33-02] and fiscal estimate may be obtained from Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or Ms. Alison Matthias, Bureau of Parks and Recreation, P.O. Box 7921, Madison, WI

Notice of Hearings

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

[CR 02-075]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2002 migratory game bird season. The actual season lengths, dates and harvest allocations will change after the receipt of the federal framework regulations. The proposed significant regulations are:

Ducks - The state is divided into two zones each with 60-day season. The season begins at noon September 28 and continues for 60 days, closing November 26. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only one may be a hen, one black duck, one pintail, 2 wood ducks, 2 redheads and 3 scaup. Shooting of canvasbacks is prohibited from September 28 to October 18 and November 10 to November 26. A canvasback season is created starting October 19 and continuing 20 days to November 9. The daily bag limit is one and this duck shall be counted as part of the 6 duck daily bag limit.

Canada geese - The state is apportioned into three goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season length are as follows: Collins Zone - 72 days; Exterior Zone - 70 days; Horicon Zone - 94 days; Mississippi River Subzone - 70 days.

Youth hunt - The Canada goose bag limit is established for the youth waterfowl hunt and two days will be offered.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, August 5, 2002 at 7:00 p.m.

DNR Northern Service Center

107 Sutliff

Rhinelander

Tuesday, August 6, 2002 at 7:00 p.m.

Room 310, Green Bay City Hall

100 N. Jefferson

Green Bay

Wednesday, August 7, 2002 at 7:00 p.m.

Comfort Suites, Highway J and I-94

Pewaukee

Thursday, August 8, 2002 at 7:00 p.m.

Auditorium, Administrative Center

400 4th Street North

La Crosse

Fiscal Estimate

The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this bill.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 8, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-23-02] and fiscal estimate may be obtained from Mr. Thiede.

Notice of Hearing

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

[CR 02-073]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.041 and 227.11 (2), Stats., interpreting ss. 29.014 (1) and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 20, Wis. Adm. Code, relating to fishing on the inland and outlying waters of Wisconsin. The proposed revisions will:

1. Eliminate unnecessary wording and redundancy regarding restrictions to fishing in trout streams.

2. Clarify the situations where the Department may modify daily bag limits, possession limits, or size restrictions from those established in ch. NR 20.

3. Eliminate the sunset on night bowfishing. After a 3-year trial period, no major law enforcement problems were encountered.

4. Clarify which ice shelters are exempt from needing to have the owner's name and address displayed, and removes the requirement that the name and address be permanently affixed to the ice shelter.

5. Modify the upstream boundary for the year round open fishing season for Busseyville (Koshkonong) creek after removal of a dam that used to serve as that boundary.

6. Add Chippewa river, Dunn county and Fox river, Green Lake county to the water bodies where motor trolling is allowed. These waters were inadvertently omitted from the regulations after a major rewrite of ch. NR 20. The fishing regulation pamphlet already reflects that trolling is allowed.

7. Correct the closing date for the muskellunge fishing season on Deer lake, Nokomis lake, Rice River flowage and Wisconsin river downstream from Merrill hydro-dam. The closing date was inadvertently written as March 1 instead of November 30 (the statewide season closing date) during a major rewrite of ch. NR 20.

8. Correct panfish regulations on the Chippewa flowage. The regulation beginning December 1 was inadvertently placed in the regulations for Christner lake, Moose lake and Nelson lake instead of the Chippewa flowage during a major rewrite of ch. NR 20.

9. Clarify that possession of fish in excess of the daily bag limit or of any size other than that authorized for that water is allowable, as long as the angler is not fishing, only on waters where bag limits or size restrictions have been modified in response to tribal harvest.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Monday, July 15, 2002 at 1:00 p.m.

Room 611A, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no fiscal effect.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than July 17, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [FH-22-02] and fiscal estimate may be obtained from Mr. Schmalz.

Notice of Hearings

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

[CR 02-074]

NOTICE IS HEREBY GIVEN that pursuant to ss. 26.38, 28.01 and 28.07, Stats., interpreting ss. 26.38, 28.01 and 28.07, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 47, subch. VII, Wis. Adm. Code, relating to the Wisconsin forest landowner grant program. The proposed rule contains modifications to:

Scope of Program - Broadens the scope of the Wisconsin landowner grant program to allow other state and federal funds to be distributed through this program for encouraging private landowners to manage their lands in a manner that benefits the state's forest land and related resources and the people of the state.

Reimbursable Landowners Costs - Creates new language to strengthen the commitment of private landowners to their projects by clearly disallowing the use of funds other than their own as the part required under this program. It further requires that any changes in a practice must be approved by the department before implementing if reimbursement is requested.

Application Procedures and Grant Calculations - The amount of reimbursement a landowner can claim is adjusted from 65% to 50%, application deadlines are modified to reflect internal processing deadlines, an allowance is made to use funds to assist in emergency situations, and priorities are established for funding requests.

Authorization for Use of Other Funding Sources - There is a need to establish a method for allowing outside agencies or organizations to augment the Wisconsin forest landowner grant funds. Funds may come from a private organization for a specific forestry practice or from the federal government for more general private landowner assistance efforts. All funds distributed through this program would be consistent with the program goals, scope and purpose. This section was created to allow an avenue for distributing funds of a similar purpose through an existing structure.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Thursday, July 11, 2002 at 10:00 a.m.

County Board Room

Jackson Co. Courthouse

307 Main St.

Black River Falls

Thursday, July 11, 2002 at 2:00 p.m.

Building 108

College of Prof. Studies

UW-Stevens Point

Stevens Point

Friday, July 12, 2002 at 10:00 a.m.

Room 511, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Linda DePaul at (608) 266-2388 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no state or local fiscal impact associated with this rule change. There is no request for increased funds in the proposal. There is no increased workload since the number of applications is expected to be the same. The funds will just be allocated differently so more people can receive the funds. We must process the applications regardless of whether they are funded the same year they are received and are required to respond in writing to each landowner that applies. So there is no increase in processing the paperwork with this request or in field staff time.

Contact Person

Written comments on the proposed rule may be submitted to Ms. Linda DePaul, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than July 12, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FR-36-02] and fiscal estimate may be obtained from Ms. DePaul.

Notice of Hearings

Natural Resources
(Environmental Protection-General)

[CR 02-061]

NOTICE IS HEREBY GIVEN that pursuant to ss. the Department of Natural Resources will hold public hearings on the creation of ch. NR 109, Wis. Adm. Code, relating to aquatic plant management. Under s. 23.24, Stats., the department is directed to designate by rule which aquatic plants are invasive species and to administer and establish by rule procedures and requirements for issuance of aquatic plant management permits. Proposed ch. NR 109 will regulate the introduction, manual removal, burning and the use of mechanical means or plant inhibitors to control aquatic plants and designate invasive aquatic plants. If a permit issued by the department under other authorities contains the appropriate conditions required under this chapter, a separate permit will not be required under ch. NR 109.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses.

Initial Regulatory Flexibility Analysis

a. Types of small businesses affected: Aquatic nursery growers.

b. Description of reporting and bookkeeping procedures required: No new procedures.

c. Description of professional skills required: No new skills.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.24, 227.11 (2) (a) and 227.24, Stats., interpreting ss. 23.24 and 30.175, Stats., the Department of Natural Resources will hold public hearing on Natural Resources Board Emergency Order No. FH-28-02(E) relating to aquatic plant management. This emergency order took effect on May 10, 2002. The emergency rule regulates the introduction, manual removal, burning and the use of mechanical means or plant inhibitors to control aquatic plants and designate invasive aquatic plants.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, July 22, 2002 at 1:00 p.m.

Video conference participation will be available at:

DNR Regional Headquarters

810 W. Maple Street

Spooner

Tuesday, July 23, 2002 at 10:00 a.m.

Video conference participation will be available at:

DNR Service Center

107 Sutliff

Rhinelander

Wednesday, July 24, 2002 at 10:00 a.m.

Room 027, GEF #2

101 South Webster Street

Madison

Thursday, July 25, 2002 at 9:00 a.m.

Room 120, State Office Building

141 Northwest Barstow

Waukesha

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeff Bode at (608) 266-0502 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The Department anticipates no net fiscal impact associated with this rule as anticipated increased revenues are expected to offset the cost of processing applications for aquatic plant management permits. The fee schedule is based upon the size and the complexity of the project. The application fee schedule is $30 per acre with a maximum fee of $300 for projects over 10 acres. Based on its estimate of the number of lake organizations operating aquatic plant harvesting programs, the Department assumes that it will issue 125 permits at an average of $240 per permit, thus generating $30,000 in revenue annually. Additionally, the Department estimated that a large-scale, or $300 permit would require an average of 10 hours of DNR employee time at an average of $30 per hour for salary, fringe and related costs. Thus the fee revenue generated is expected to offset the cost of administering the permit program.

Under the new law, the Department may require that an application contain an aquatic plant management plan, although the Department intends to phase in this requirement over several years such that applications for the first few years will not require a plan. Although there are costs to local governments related to preparing aquatic management plans, such costs are eligible for cost-sharing under the Department's lake management planning grant program, and such plans have utility beyond applying for aquatic plant management permits. (Preparing an aquatic plant management plan also enables a governmental unit of lake organization to become eligible for 50% cost-sharing on the purchase of capital equipment for aquatic plant management.)

Contact Person

Written comments on the proposed and emergency rules may be submitted to Mr. Frank Koshere, Water Resources Biologist, DNR Superior Service Center, 1401 Tower Avenue. Superior, WI 54880 no later than August 23, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-29-02], the emergency rule [FH-28-02(E)] and fiscal estimate may be obtained from Mr. Jeff Bode, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.

Notice of Hearing

Natural Resources
(Environmental Protection-WPDES)

[CR 02-059]

NOTICE IS HEREBY GIVEN that pursuant to ss. 283.31, 283.37 and 227.11 (2) (a), Stats., interpreting ss. 283.31 and 283.37, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of s. NR 200.03 (5), Wis. Adm. Code, relating to WPDES permit exemptions for private sewage systems with a design capacity of less than 12,000 gallons per day. Section NR 200.03 defines which private sewage systems, receiving domestic wastewater, would be excluded from Wisconsin pollutant discharge elimination system (WPDES) permits. Under the proposed revision, it is clarified that two or more systems may be subject to a WPDES permit if they are commonly owned, located within 1,500 feet of another system, and each system has a design capacity of greater than 2,000 gallons per day.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Thursday, July 11, 2002 at 10:00 a.m.

Room 511, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Tom Gilbert at (608) 267-7628 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed code revision is not expected to have a fiscal impact on state or local governments.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Tom Gilbert, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than July 19, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WT-26-02] and fiscal estimate may be obtained from Mr. Gilbert.

Notice of Hearing

Natural Resources
(Environmental Protection-Air Pollution Control)

[CR 02-076]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., interpreting s. 285.11 (6), Stats. the Department of Natural Resources will hold a public hearing on revisions to ch. NR 428 relating to the reduction of NOx emissions to attain the 1-hour ambient air quality standard for ozone in southeastern Wisconsin. The proposed rule modifies the emissions averaging provisions of ch. NR 428 which are an alternative compliance option for sources required to achieve emission reductions of nitrogen oxides (NOx).

Major utilities are required to reduce NOx emissions as part of Wisconsin's attainment demonstration for the 1-hour ambient air quality standard for ozone in southeastern Wisconsin. This proposed rule modifies the emissions averaging rule provisions to make them compatible with USEPA guidance on economic incentive programs.

The order also establishes a new categorical emission limit on NOx emissions from combined cycle combustion turbines fired on fuel derived from an integrated gasification process.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 1.11Stats., and ch. NR 150 Wis. Adm. Code, that this is anticipated to be a Type III action. A Type III action is one that normally does not have the potential to cause significant environmental effects, normally does not significantly affect energy usage and normally does not involve unresolved conflicts in the use of available resources.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Thursday, July 11, 2002 at 1:00 p.m.

Room 141, DNR Southeast Regional Office

2300 North Dr. Martin Luther King Jr. Dr.

Milwaukee

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dennis Koepke at (608) 264-8868 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The rule revisions have no additional fiscal impact.

Contact Person

Written comments on the proposed rule may be submitted to Mr. Dennis Koepke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than July 12, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing.

A copy of proposed rule AM-35-02 and its fiscal estimate may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone: (608)266-7718

FAX: (608)267-0560

Notice of Hearings

Public Service Commission

The Public Service Commission of Wisconsin proposes an order to revise ch. PSC 165.

NOTICE IS HEREBY GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold public hearings on these proposed rule changes in the Amnicon Falls Hearing Room, at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on July 30 and 31, 2002 at 9:00 am.

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Analysis prepared by the Public Service Commission of Wisconsin

Statutory authority: ss. 196.02 (3), 196.219 (3) (L) and 227.11 (2), Stats.

Statute interpreted: s.s 196.03 (1), 196.06 (3), 196.12 (1), and 196.219, Stats. Chapter PSC 165 contains a number of consumer protection regulations for certain telecommunications providers. These include regulations in areas such as: applications for service, customer billing, information available to customers, deposits, deferred payment agreements, service restrictions, disconnection of service, customer complaints, dispute procedures and telephone directories.

In 1994 the legislature passed 1993 Wis. Act 496, which significantly changed the area of telecommunications regulation. The Act introduced much more competition and customer choice into the telecommunications field. As a result, new problems and areas of concern have arisen which prompted the Commission to reexamine its current administrative rules to see which are outmoded and should be removed and which areas require new rulemaking. The Commission examined the rule in two parts: technical standards and issues, and consumer protection issues. Although minor changes such as cite references and language clarification were made to the technical pieces, the rule changes focus on the consumer protection issues. Changes to the technical portions were explored in a separate Commission proceeding.

The Commission is proposing the following revisions to ch. PSC 165 to reflect the evolution of the telecommunications market and telecommunications technology. Because the current rule predates major changes in the telecommunications industry, it does not specifically address consumer protection issues such as “slamming" and “cramming," or the creation of consumer assistance programs. For this reason, several new sections were added to ch. PSC 165 to address these issues.

The proposed rule with revisions applies to providers such as incumbent local exchange carriers, competitive local exchange carriers, and resellers. It does not apply to wireless providers and only applies to interexchange carriers if they are providing local or intrastate toll service and, even then, only to that portion of their business.

The Commission has worked closely with representatives from the telecommunications industry, community groups and other state agencies in preparing these revisions and creating several new sections of the rule. These individuals have provided extensive advice and input concerning these proposed rules, and many of the changes result directly from that input.

The rule has been given a delayed effective date (two months from publication) to give companies time to make changes necessary as a result of the revised rules. The rule has been reorganized into subchapters and renumbered to make it more readable and “user-friendly." A general description of new and changed sections follows. Sections not listed are technical portions that were considered in a separate rulemaking.

Section PSC.165.0101 deals with the scope and purpose of the rules. This section has been reorganized for clarity and a reference to s. 196.219, Stats., was added to the list of statutes implemented by the rule.

Section PSC 165.0102 contains definitions of the terms used in the chapter. Minor changes were made to 7 definitions to reflect their usage in the revised rules, and 2 definitions were deleted. It was necessary to add twenty-four definitions because of rule revisions and the addition of several new sections to the rule.

Section PSC 165.0201 on preservation of records itemizes some of the records telecommunications providers must preserve and establishes the time periods they must be retained. Some new categories of records were added and others were consolidated here from other parts of the existing rule. Retention time periods changed.

Section PSC 165.0202 on customer complaints requires telecommunications providers to investigate customer complaints. The proposed changes to this section establish the time period for customer complaint record retention and how telecommunications providers categorize customer complaints. One portion was moved unchanged and renumbered to s. PSC 165.0804.

A new s. PSC 165.0301 was created to define and standardize the application process for new telecommunications service. One provision allows a provider to restrict an applicant's toll service for ten days to investigate and establish the applicant's responsibility for a disputed outstanding bill.

Section PSC 165.0302 sets forth the various types of information providers must make available to customers and the method and frequency of providing that information. The expansion of this section reflects the complexity of telecommunications services today and the need for customers to be given accurate and consistent information on a regular basis.

Section PSC 165.0303 on dispute procedures explains the utility and Commission processes available to customers for handling service inquiries or problems. Language was added to address disputes involving third party billing agents and modern payment methods. The proposed changes also clarify the Commission review and appeal processes.

A new s. PSC 165.0304 is created to address the problem of “slamming" which is the unauthorized changing of a customer's telecommunications provider. This section incorporates the federal statutory requirements for making provider selection changes with only minor modifications to reflect Wisconsin drafting conventions.

A new s. PSC 165.0305 on provider selection freezes is created to provide customers with a way to retain the telecommunications provider selected by the customer until the customer provides the required authorization for a change to another telecommunications provider. The proposed draft rule mirrors the federal rule except for minor modifications to reflect Wisconsin drafting conventions.

Section PSC 165.0306 on directories sets forth information and publication requirements for provider directory listings. The changes to this section update obsolete language and include an electronic format option. Providers may fulfill the requirements of this section by having the required information concerning itself and its customers included in the applicable directory of another provider that is meeting the requirements under this section.

A new s. PSC 165.0307 is created to provide rules for the development of telecommunications assistance programs (TelCAP). The purpose of these programs is to increase or stabilize subscription levels for essential telephone service, or to address avoidance of disconnection of service to low-income households or other customers with payment problems. Ameritech is currently operating one such telecommunications plan under a pilot program approved by the Commission.

A new s. PSC 165.0308 is created to expressly prohibit oppressive and deceptive practices. Similar language was incorporated into the revised service rules for electrical utilities, which became effective on August 1, 2000. This section is not intended to limit or usurp the Department of Agriculture, Trade and Consumer Protection's authority or powers under ch. 100 and related administrative rules.

Section PSC 165.0401 on customer billing sets forth the minimum standards for information to be included on customer bills. The proposed changes incorporate federal “Truth-in-Billing" language with the goal of making telecommunications bills easier for consumers to read and understand. A provision was added allowing providers to assess a late payment charge on residential and business bills. Ameritech is currently allowed to impose late payment charges as part of an ongoing TelCAP program approved by the Commission. This section also includes proposed language to compensate consumers for out-of-service situations, missed appointments and installation delays.

Section PSC 165.0402 on deposits for residential service explains the conditions under which a provider may request a deposit from a new or existing customer. New language defines the formula for calculating the deposit amount and requires a provider to explain why a deposit is required, and how the deposit amount was determined. A provision was added allowing a provider to accept advance payments or impose service restrictions in lieu of accepting a deposit from a residential customer.

A new s. PSC 165.0403 is created to detail the conditions under which a provider may request a deposit from a business customer. Business deposits had been part of a general section on deposits. The proposed language allows a provider to request a deposit on an existing account, defines the formula for calculating the deposit amount and requires a provider to explain why a deposit is required, and how the deposit amount was determined. A provision was added allowing a provider to accept advance payments or impose service restrictions in lieu of accepting a deposit from a business customer.

Section PSC 165.0404 on deferred payment agreements outlines the details of payment plans provided to customers when they are unable to pay the amount owing in full. A provision allowing service restrictions during a deferred payment agreement has been incorporated into this section. Ameritech is currently allowed to impose such service restrictions as part of an ongoing TelCAP program approved by the Commission.

A new s. PSC 165.0501 on refusal of service is created to clarify the circumstances under which a provider can and cannot refuse initial service. Much of the language was previously included in “Disconnection and refusal of service" but was given its own section to specifically address situations involving the application process. Proposed language reflects current residency and identification issues. A provision was added allowing a provider to impose a toll restriction while investigating and establishing an applicant's responsibility for an outstanding bill from the provider.

A new s. PSC 165.0502 on restriction of service is created to define the conditions under which a telecommunications provider can restrict a customer's service and the limitations on those restrictions. This section addresses both voluntary and involuntary service restrictions and codifies several provisions that are currently part of an ongoing TelCAP program approved by the Commission. Providers may now impose mandatory toll restriction and limit access to services such as third number and collect-call billing, pay-per-call and advanced calling features during a deferred payment agreement, in lieu of a deposit, and when an applicant for new service has an unpaid balance with the provider.

Section PSC 165.0503 on disconnection of service includes modifications that update and clarify current rule language. A major change to this section involves the addition of a provision prohibiting the disconnection of local service for non-payment of ECC or toll charges. Other changes include increasing the period of time allowed for bill payment and the receipt of disconnection notices, and the expansion of the provision on medical or protective service emergencies. The medical or protective service emergency provision is currently part of an ongoing TelCAP program approved by the Commission.

Section PSC 165.0606 on business office answering time standards defines acceptable performance levels for customer calls made in order to obtain information or transact business such as establishing service, changing service, making bill inquiries, or establishing payment arrangements. Language was included requiring providers to calculate and record average connection and answer speed data, but only if the provider uses a computerized call center to respond to customer calls.

Initial Regulatory Flexibility Analysis

These rules apply to all telecommunications providers other than wireless carriers and, to the extent they provide local service or intrastate toll, interexchange carriers. This includes incumbent local exchange companies (ILECs), competitive local exchange companies (CLECs), cooperatives, and alternative telecommunications utilities such as resellers. Many of these companies are small businesses under s. 227.114, Stats. For example, 76 ILECs are small telecommunications utilities. Under s. 196.216, Stats., small telecommunications utilities are considered small businesses. The Commission created a workgroup of industry representatives and members of the public in order to gather input as these rules were drafted. In an effort to recognize and, to the extent practicable, minimize the potential impact of the rules on small businesses, the Commission specifically named industry members who represented small telecommunications businesses to the workgroup. Each subcommittee also had a small business representative. Any methods for reducing the impact on small business that the Commission feels are feasible have been incorporated into the rule.

Fiscal Effect

This rule change has no fiscal impact. A completed Fiscal Estimate form is included as Attachment C.

Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Friday August 23, 2002 at noon (Thursday August 22, 2002 at noon if filed by fax). All written comments must include a reference on the filing to docket 1-AC-184. File by one mode only.

If filing by mail, courier, or hand delivery: Address as shown in the box on page 1. Industry parties should submit an original and 15 copies. Members of the general public need only file an original.

If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-184), and the number of pages (limited to 20 pages for fax comments).

Contact Person

Questions regarding this matter should be directed to Jane Zemlicka, docket coordinator at (608) 267-9814. Hearing or speech-impaired individuals may also use the Commission's TTY number, (608) 267-1479.

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Jane Zemlicka, as indicated in the previous paragraph, as soon as possible.

Notice of Proposed Rule

Revenue
[CR 02-053]

NOTICE IS HEREBY GIVEN that pursuant to ss. 77.61 (9) and 227.11 (2), Stats., and interpreting s. 70.11 (21), 76.025 (1) and 77.54 (26), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on July 1, 2002, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Analysis by the Department of Revenue

Statutory authority: ss. 77.61 (9) and 227.11 (2), Stats.

Statutes interpreted: ss. 70.11 (21), 76.025 (1) and 77.54 (26), Stats.

Section Tax 6.40 guides administration of the property tax exemption for waste treatment facilities owned by public utilities. Section Tax 11.11 guides administration of the sales and use tax exemption for waste treatment facilities. Section Tax 12.40 guides administration of the property tax exemption for industrial waste treatment facilities taxed under ch. 70, Stats.

Prior to 2001 Wis. Act 16, the property tax exemption for industrial waste treatment facilities under s. 70.11 (21), Stats., required an approval process whereby application was made to the Department of Revenue. Under 2001 Wis. Act 16, owners of industrial waste treatment property that is taxed under ch. 70, Stats., are no longer required to apply to the Department of Revenue for the property tax exemption; the application process will continue to be required for public utility property taxed under ch. 76, Stats.

Tangible personal property becoming a component part of an industrial waste treatment facility is exempt from sales and use taxation if the waste treatment property is exempt from the property tax. While this provision is unchanged by 2001 Wis. Act 16, the sales and use tax exemption is no longer tied to a Department of Revenue approval process for property taxed under ch. 70, Stats.

The proposed order clarifies the different requirements for obtaining sales and use tax exemption for waste treatment facilities in s. Tax 11.11 and repeals the approval procedures required for the property tax exemption in s. Tax 12.40. The proposed order also: updates format and style in ss. Tax 6.40, 11.11 and 12.40, per Legislative Council Rules Clearinghouse (“Clearinghouse") standards; updates a department address in ss. Tax 6.40 and Tax 12.40 and moves it from the text of the rule to a note in s. Tax 6.40, per Clearinghouse standards; and alphabetizes definitions and moves a “non-exempt" provision from a definition to a separate paragraph in ss. Tax 6.40 and 12.40, per Clearinghouse standards.

SECTION 1. Tax 6.40 (title) and (2)(b) are amended to read:

Tax 6.40 (title) Waste treatment facilities ( - industrial/utility).

(2) (b) The completed form "Application for Exemption of Waste Treatment Facility-Utility" should be sent to the Bureau of Utility and Special Taxes, Division of State/Local Finance, Wisconsin Department of Revenue, P.O. Box 8933, Madison, WI 53708.

Note to Revisor: Insert the following note at the end of Tax 6.40 (2) (b):

Note: The address for mailing the application form is Wisconsin Department of Revenue, Bureau of Utility and Special Taxes, Division of State and Local Finance, PO Box 8971, Madison WI 53708-8971.

SECTION 2. Tax 6.40 (3) (a) 1. and 3. are renumbered Tax 6.40 (3) (a) 3. and 1. and as renumbered are amended to read:

Tax 6.40 (3) (a) 1. “ Facility; " means tangible personal property that is built, constructed or installed as a unit so as to be readily identifiable as directly performing a waste treatment function.

3. “Waste;" means that which is left over as superfluous, discarded or fugitive material. In addition, “industrial waste wastes" is defined by reference to s. 281.01(5), Stats., as including liquid or other wastes resulting from any process of industry, manufacture, trade, business or the development of any natural resource. “Air contaminant" is defined by reference to s. 285.01(1), Stats., as dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination thereof but shall not include uncombined water vapor.

SECTION 3. Tax 6.40 (3) (a) 2. and 4., (b) and (c) are amended to read:

Tax 6.40 (3) (a) 2. “Treatment; " means removing, altering or storing waste.

4. “Waste treatment facility; " means tangible personal property that is built, constructed or installed as a unit so as to be readily identifiable as directly removing, altering or storing leftover, superfluous, discarded or fugitive material. Monitoring equipment which is not a component or integral part of a waste treatment facility is not exempt.

(b) The exemption for industrial waste treatment facilities does not extend to “ ' unnecessary siltation ' resulting from operations such as the washing of vegetables or raw food products, gravel washing, stripping of lands for development of subdivisions, highways, quarries and gravel pits, mine drainage, cleaning of vehicles or barges or gross neglect of land erosion" as provided in s. 281.01 (7), Stats.

(c) The exemption also for industrial waste treatment facilities does not apply to conversion of an industrial furnace from one type of fuel to another type of fuel . The exemption does not apply , or to the increased height of a smoke stack to diffuse emissions over a wide area or increments to property held for the production of income but which may be indirectly related to pollution abatement. However, the installation of a scrubber or electrostatic precipitator in a smoke stack could qualify for exemption.

SECTION 4. Tax 6.40 (3) (d) is created to read:

Tax 6.40 (3) (d) The exemption for industrial waste treatment facilities does not apply to monitoring equipment that is not a component or integral part of a waste treatment facility.

Note to Revisor: Replace the note at the end of Tax 6.40 with the following:

Note: Section Tax 6.40 interprets s. 76.025 (1), Stats.

SECTION 5. Tax 11.11 (title) and (2) (title) are amended to read:

Tax 11.11 (title) Industrial or Utility, industrial and governmental waste treatment facilities.

(2) (title) INDUSTRIAL UTILITY WASTE TREATMENT EXEMPTION.

SECTION 6. Tax 11.11 (2) (a) is renumbered Tax 11.11(2) and amended to read:

Tax. 11.11 (2) If an industrial or a utility waste treatment facility that is taxed under ch. 76, Stats., qualifies for property tax exemption under s. 70.11(21)(a) 76.025(1), Stats., as approved by the department, it qualifies for the sales and use tax exemption under s. 77.54 (26), Stats.

Note to Revisor: Insert the following note at the end of Tax 11.11(2):

Note: Refer to s. Tax 6.40 for information on how to request approvals for property tax exemption for utility waste treatment facilities. For more information regarding exemptions for waste treatment facilities owned by a utility, including railroads, airlines and pipelines, approved by the department, write to Wisconsin Department of Revenue, Bureau of Utility and Special Taxes, PO Box 8971, Madison WI 53708-8971; telephone (608) 266-8162; send an e-mail to utility@dor.state.wi.us; or access the department's internet web site at www.dor.state.wi.us/contact/slfbust.

SECTION 7. Tax 11.11 (2) (b) is repealed.

SECTION 8. Tax 11.11 (2m) is created to read:

Tax 11.11 (2m) INDUSTRIAL WASTE TREATMENT EXEMPTION. (a) An industrial waste treatment facility is any property taxed under ch. 70, Stats., that is built, constructed or installed as a unit used for the treatment of liquid or other wastes resulting from any process of industry, manufacture, trade, business or the development of any natural resource.

(b) Tangible personal property becoming a component part of an industrial waste treatment facility is exempt from the sales and use tax under s. 77.54 (26), Stats., if the facility qualifies for property tax exemption under s. 70.11 (21) (a), Stats.

Note: Refer to s. Tax 12.40 for information related to the property tax exemption for industrial waste treatment facilities. For more information regarding the property tax exemption for industrial waste treatment facilities of manufacturers write or call the district office of the Wisconsin Department of Revenue, Bureau of Manufacturing and Telco Assessments. To locate the district office, write or call Wisconsin Department of Revenue, Bureau of Manufacturing and Telco Assessment, PO Box 8971, Madison WI 53708-8971; telephone (608) 266-1147. The web site is www.dor.state.wi.us/contact/slfbmta. To ascertain whether a non-manufacturing property would be exempt under s. 70.11(21), Stats., owners may refer to the Wisconsin Property Assessment Manual or contact the local property tax assessor.

Note to Revisor: Insert the following note at the end of Tax 11.11 (3):

Note: For more information regarding the exemption for municipal treatment facilities, write or call Wisconsin Department of Revenue, Bureau of Customer Service, Mail Stop 5-77, PO Box 8902, Madison WI 53708-8902, telephone (608) 266-2772. The web site is www.dor.state.wi.us/contact/pcs.html#cust.

SECTION 9. Tax 11.11 (4) is renumbered Tax 11.11 (4) (a) and amended to read:

Tax 11.11 (4) (a) The repair, service, alteration, cleaning, painting and maintenance of a utility waste treatment facility described in sub. (2), an industrial waste treatment facility described in sub. (2) (2m) and a municipal waste treatment facility described in sub. (3) as well as the repair parts and replacement for those types of facilities and chemicals, supplies and utilities used or consumed in operating those types of facilities are exempt from the sales and use tax.

SECTION 10. Tax 11.11 (4) (b) is created to read:

Tax 11.11 (4) (b) Chemicals and supplies, including fuel and electricity, used or consumed in operating a utility waste treatment facility described in sub. (2), an industrial waste treatment facility described in sub. (2m) and a municipal waste treatment facility described in sub. (3) are exempt from the sales and use tax.

SECTION 11. Tax 11.11 (5) (a) is amended to read:

Tax 11.11 (5) (a) Exempt purchases. The sales and use tax exemption extends to and includes the purchases of tangible personal property by a contractor-installer who incorporates the property into an approved industrial utility waste treatment facility or who incorporates the property into an industrial waste treatment facility or a municipal waste treatment facility. The contractor-installer shall certify the intended exempt use of the item to each supplier in order to relieve the supplier of the duty of collecting and reporting the tax on the sales. Certification of exempt use shall be made on a Wisconsin sales and use tax exemption certificate, form S-211.

SECTION 12. Tax 11.11 (5) (c) is repealed and recreated to read:

Tax 11.11 (5) (c) Determining exemptions. 1. 'Utility property taxed under ch. 76, Stats.' A contractor or subcontractor may be liable for sales and use tax on a purchase of tangible personal property that becomes a component part of a utility waste treatment facility that has not been approved by the department for a property tax exemption under s. 76.025(1), Stats.

Note: Contractors may direct questions concerning the property to the department as provided in sub. (2).

2. 'Industrial property taxed under ch.70, Stats.' Approvals are not required for industrial waste treatment facilities. A contractor or subcontractor may be liable for sales and use tax on a purchase of tangible personal property that becomes a component part of a facility that is determined to not qualify for a waste treatment facility property tax exemption under s. 70.11 (21), Stats.

Note: Contractors may direct questions concerning the taxability of the waste treatment facility to the department as provided in sub. (2m).

3. 'Municipal waste treatment facilities.' Approvals are not required for municipal waste treatment facilities. A contractor or subcontractor may be liable for sales and use tax on a purchase of tangible personal property that becomes a component part of a facility that is determined not to be a municipal waste treatment facility as provided in sub. (3).

Note: Contractors may direct questions concerning municipal waste treatment facilities to the department as provided in sub. (3).

Note to Revisor: Remove the first two notes at the end of Tax 11.11, and replace the last note with the following:

Note: The interpretations in s. Tax 11.11 are effective July 31, 1975 when ss. 70.11 (21) and 77.54 (26), Stats., were revised, except: (a) The exemptions for chemicals and supplies used or consumed in operating a waste treatment facility became effective September 1, 1979, pursuant to Chapter 39, Laws of 1979; and (b) The approval process for property and sales tax exemptions for industrial waste treatment facilities, except utilities, were eliminated effective January 1, 2002, pursuant to 2001 Wis. Act 16.

SECTION 13. Tax 12.40 (title) is amended to read:

Tax 12.40 (title) Waste treatment facilities ( - industrial).

SECTION 14. Tax 12.40 (2) is repealed.

SECTION 15. Tax 12.40 (3) (a) 1. and 3. are renumbered Tax 12.40 (3) (a) 3. and 1. and as renumbered are amended to read:

Tax 12.40 (3) (a) 1. “ Facility; " means tangible property that is built, constructed or installed as a unit so as to be readily identifiable as directly performing a waste treatment function.

3. “Waste;" means that which is left over as superfluous, discarded or fugitive material. In addition, "industrial waste wastes" is defined by reference to s. 281.01 (5), Stats., as including liquid or other wastes resulting from any process of industry, manufacture, trade, business or the development of any natural resource. "Air contaminant" is defined by reference to s. 285.01 (1), Stats., as dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas, odorous substances or any combination thereof but shall not include uncombined water vapor.

SECTION 16. Tax 12.40 (3) (a) 2. and 4., (b) and (c) are amended to read:

Tax 12.40 (3) (a) 2. “Treatment; " means removing, altering or storing waste.

4. “Waste treatment facility" means tangible personal property that is built, constructed or installed as a unit so as to be readily identifiable as directly removing, altering or storing leftover, superfluous, discarded or fugitive material. Monitoring equipment which is not a component or integral part of a waste treatment facility is not exempt.

SECTION 17. Tax 12.40 (3) (d) is created to read:

Tax 12.40 (3) (d) The exemption for industrial waste treatment facilities does not apply to monitoring equipment that is not a component or integral part of a waste treatment facility.

Note to Revisor: Replace the note at the end of Tax 12.40 with the following:

Note: Section Tax 12.40 interprets s. 70.11 (21), Stats.

Fiscal Estimate

Tax 6.40 guides administration of the property tax exemption for waste treatment facilities owned by public utilities. Tax 11.11 guides administration of the sales and use tax exemption for waste treatment facilities. Tax 12.40 guides administration of the property tax exemption for industrial waste treatment facilities taxed under ch. 70, Wis. Stats.

Prior to 2001 Wisconsin Act 16, the property tax exemption for industrial waste treatment facilities under sec. 70.11 (21), Wis. Stats., required an approval process whereby application was made to the Department of Revenue. Under 2001 Wisconsin Act 16, owners of industrial waste treatment property that is taxed under ch. 70, Wis. Stats., will no longer be required to apply to the Department of Revenue for the property tax exemption; the application process will continue to be required for public utility property taxed under ch. 76, Stats.

Tangible personal property becoming a component part of an industrial waste treatment facility is exempt from sales and use taxation if the waste treatment property is exempt from the property tax. While this provision is unchanged by 2001 Wis. Act 16, the sales and use tax exemption will no longer be tied to a Department of Revenue approval process for property taxed under ch. 70, Stats.

As a result of the Act 16, the Department of Revenue will realize minor savings associated with the formal granting of property tax exemptions for industrial waste treatment facilities. However, it is anticipated that the Department will continue to receive the same number of inquiries regarding the qualifications for property tax exemption. In addition, the elimination of the approval process for property tax exemptions will increase the department's administrative costs associated with the determination of sales and use tax exemptions of affected property. These costs include taxpayer assistance and confirmation with local assessors of the property tax status of the property.

There will be a minor increase in local government costs associated with the determination by the local assessor of property tax exemptions for non-manufacturing waste treatment facilities.

The proposed amendments to ss. Tax 11.11 and 12.40 are required to bring the rules into conformity with current law as affected by 2001 Wis. Act 16. The proposed rule also updates ss. Tax 6.40 and Tax 12.40 to conform to a change of address and the renumbering of statutes pursuant to 1995 Act 227 and 1997 Act 35. The proposed amendments have no fiscal effect independent of the fiscal effect of the statutory changes upon which they are based.

Initial Regulatory Flexibility Analysis

This proposed rule order does not have a significant economic impact on a substantial number of small businesses.

Contact Person

Please contact Rebecca Boldt at (608) 266-6785 or rboldt@dor.state.wi.us if you have any questions regarding this proposed rule order.

Notice of Hearing

Transportation

[CR 02-085]

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1), 227.11 (2) (a) and 343.51, Stats., and interpreting s. 343.51, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 9th day of August, 2002, at 10:00 a.m., to consider the amendment of ch. Trans 130, Wis. Adm. Code, relating to disabled parking placards.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

The public record on this proposed rule making will be held open until close of business August 16, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: ss. 85.16 (1), 227.11 (2) (a) and 343.51, Stats.

STATUTE INTERPRETED: s. 343.51, Stats.

General Summary of Proposed Rule

The Division of Motor Vehicles accommodates persons who have a disability that limits or impairs the ability to walk. Disabled persons may receive a portable disabled parking identification placard, which allows parking in a specially reserved parking space. Disabled persons pay a fee of $6 per placard, which is good for 4 years. A number of class action lawsuits have been filed against states (including Wisconsin) that charge a fee for disabled parking identification placards. These lawsuits allege that the practice of charging a fee for disabled parking identification placards violates the Americans with Disabilities Act (ADA). A settlement ended the Wisconsin lawsuit. Judge Nichol signed an order accepting the settlement, ordering DOT to cease collecting any fee for permanent placards after June 30, 2003, and dismissing the case. Jason, et al. v. Wisconsin DOT, Case No. 97-CV-3137, Dane County Circuit Court, April 15, 2002. The Department proposes to discontinue charging any fee for a permanent placard in compliance with the court order. The Department will continue to charge $6 for temporary placards.

Fiscal Effect

The Transportation Fund will experience an annual revenue loss of approximately $0.5 million.

Initial Regulatory Flexibility Analysis

This proposed rule will have no adverse impact on small businesses.

Copies of Proposed Rule.

Copies of the rule may be obtained upon request, without cost, by writing to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911, or by calling (608) 266-7857. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.

Notice of Hearing

Transportation

[CR 02-086]

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.51 (1) and (2), and 348.26 (2), Stats., and interpreting s. 85.51 (1) and (2), Stats., the Department of Transportation will hold a public hearing in Room 551 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 16th day of July, 2002, at 9:00 a.m. to consider the amendment of ch. Trans 320, Wis. Adm. Code, relating to calculation of fees for special events, security, traffic enforcement and escort services.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

The public record on this proposed rule making will be held open until close of business July 26, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Dan McGuire, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: ss. 85.51 (1) and (2), and 348.26 (2), Stats.

STATUTE INTERPRETED: s. 85.51 (1) and (2), Stats.

General Summary of Proposed Rule

The revision of ch. Trans 320 will enable the Division of State Patrol to implement changes that were included in 2001 Wis. Act 16 section 2339, related to the assessment of charges for security and traffic law enforcement services. Previously, the authority of the state patrol to assess charges for services provided at public events for which an admission fee is charged was limited to those public events that were sponsored by a private agency. 2001 Wis. Act 16 expanded this authority to assess charges for security and traffic enforcement services to include public events that are sponsored by public agencies, assuming that an admission fee is charged.

In addition, 2001 Wis. Act 16 section 2340 provides the Division of State Patrol with the authority to charge fees for security and traffic law enforcement services provided during the installation, inspection, removal, relocation or repair of a utility facility located on a highway.

Fiscal Effect

Fees related to the provision of security and traffic law enforcement services at public events, and at roadside work sites, will be deposited in the appropriation account under s. 20.395 (5) (dg). Funds deposited in this program revenue appropriation will be used to pay salary, fringe benefit, and non-salary expenses incurred during the provision of the service. It is estimated that total revenues and expenditures will increase by $87,600 per year when this rule making becomes effective.

Initial Regulatory Flexibility Analysis

The revision of those provisions of ch. Trans 320 that are related to the assessment of charges for security and law enforcement services provided at public events for which an admission fee is required will not have an effect upon small businesses. Since a small business is considered to be a private agency, fees may be imposed under the existing provisions of ch. Trans 320.

The expansion of ch. Trans 320 to provide the state patrol with authority to charge fees for security and traffic law enforcement services provided during the installation, inspection, removal, relocation or repair of a utility facility located on a highway may have an impact upon small businesses. The primary impact would be the assessment of charges for services provided by the state patrol. During the past two years, the state patrol has received one request from a private agency for utility facility project services. This request was submitted by TouchAmerica, Inc., which does not meet the definition of a small business.

Compliance with this rule making will not require small businesses to prepare any reports, and will not generate additional costs, except for the actual fee for services provided.

Copies of Proposed Rule

Copies of the proposed rule may be obtained upon request, without cost, by writing to Dan McGuire, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 267-7305. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.

Notice of Hearings

Workforce Development
(Unemployment Insurance, Chs. DWD 100-150
[CR 02-088]

NOTICE IS HEREBY GIVEN that pursuant to ss. 108.08 (1), 2001 Wis. Act 35, s. 72 (2) (b), and 227.11, Stats., the Department of Workforce Development proposes to hold three public hearings to consider the amendment of s. DWD 129.01 (1), relating to the extension of the time period allowed for filing an initial claim for unemployment insurance benefits.

Hearing Information

Monday, July 15, 2002

10:00 a.m. - 11:00 a.m.

Job Center - Room 12

1819 Aberg

Madison WI

Tuesday, July 16, 2002

11:00 a.m. - 12:00 p.m.

State Office Building-Room 45

819 North 6th Street

Milwaukee, WI

Wednesday, July 17, 2002

11:00 a.m. - 12:00 p.m.

Portage County Public Library-Pinery Room

1001 Main Street

Stevens Point, WI 54481

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. If you have special needs or circumstances that may make communication or accessibility difficult at the hearings, please call (608) 267-1405 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: Section 108.08 (1), Stats. and 2001 Wis. Act 35, s. 72 (2) (b).

Statutes interpreted: Section 108.08 (1), Stats.

Pursuant to s. 108.08 (1), Stats., a claimant must give notice to the department with respect to a week of unemployment “within such time and in such manner as the department may by rule prescribe" in order to receive benefits for that particular week.

Under the current s. DWD 129.01 (1), a claimant must file his or her initial claim for benefits no later than the close of the week in which the claimant intends the claim to start. For example, a claimant who files two weeks late cannot obtain unemployment benefits retroactively unless the department waives the time limit under the exceptional circumstances provision in s. DWD 129.01 (4). This proposed rule extends the time period for filing an initial claim by seven days beyond the end of the week for which the claimant expects to get the benefits.

Increasing the time frame within which a claimant may file a timely initial unemployment insurance benefit claim would reduce disparate treatment of claimants in like situations by removing the subjectivity of finding “exceptional circumstances" before allowing late claims and ease an increasing workload for the unemployment insurance division. This change would eliminate approximately 67% of untimely filing issues, which would translate into savings of 5 to 6 full-time employees (FTEs). These positions would then be able to turn attention and time to resolving other eligibility issues at a time when the unemployment insurance division is currently experiencing a sharp increase in workload and anticipates continued increase over the next three years.

The telephone initial claims system allows the department to be more lenient in proscribing filing deadlines due to its expanded accessibility and speed in identifying and resolving eligibility issues. Systems changes to the telephone initial claims system are estimated to require 50 hours at approximately $50 to $60 per hour for a total of $2500 to $3000.

Initial Regulatory Flexibility Analysis

The proposed rule does not affect small business.

Fiscal Impact

The rule will have an immediate cost of approximately $3000 for an automation change. The extension of the time period for filing a claim is expected to eliminate approximately 67% of untimely filing issues. This translates into savings of 5 to 6 full-time employees who would have otherwise been needed to determine these issues.

Contact Information

For substantive questions concerning the proposed rule, contact Tom Smith, Research Attorney, UI Bureau of Legal Affairs, 266-9641.

Written Comments

Written comments on the proposed rules received at the following address no later than July 19, 2002, will be given the same consideration as testimony presented at the hearing.

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

P.O. Box 7946

Madison, WI 53707-7946

(608) 267-9403

Notice of Hearing

Workforce Development
(Apprenticeship, Chs. DWD 295-296
[CR 02-087]

NOTICE IS HEREBY GIVEN that pursuant to ss. 106.01 (9) and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the apprenticeship probationary period.

Hearing Information

July 17, 2002 GEF 1 Building, Room H203

Wednesday 201 E. Washington Avenue

1:30 p.m. MADISON

Interested persons are invited to appear at the hearing 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.

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 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 106.01 (9) and 227.11, Stats.
Statute interpreted: Section 106.01, Stats.

The proposed rule provides that the apprenticeship probationary period shall be up to 25% of the indenture hours of the apprenticeship and may not exceed 12 calendar months. The current rule provides that the apprenticeship probationary period may not exceed 6 months.

The department, in consultation with the Wisconsin Apprenticeship Advisory Council, is proposing this change for the following reasons:

• When the current rule was promulgated, most apprenticeship programs were 3 years or less years in length. Now 5 years is more the norm.

• There has been significant growth in the number of apprentices and local committees are having a difficult time reviewing all the apprentices in time to meet the six month deadline.

• Six months does not give apprentices sufficient time to correct their deficiencies, and some potentially good apprentices are not being given a chance to improve.

• In the past most apprentices were indentured in early summer, just before school begins. It is now customary to bring apprentices in year round. In some cases, committees are unable to assess an apprentice's ability in their related instruction. For example, if apprentices are hired in February, they may not start school until August, so in that example the probationary period is over before the apprentice has begun school.

The Wisconsin Apprenticeship Advisory Council has surveyed all the state trade committees and there is overwhelming support for this change in all sectors of the apprenticeship program.

Initial Regulatory Flexibility Analysis

The proposed rule change will allow small employers a longer period of time to try out an apprentice and retain the option to cancel the apprenticeship “without cause" or as a “no fault." Employer groups supporting the proposed rule change include Plumbing & Mechanical Contractors of Milwaukee, Sheet Metal & Air Conditioning Contractors of Wisconsin, Associated Builders & Contractors, and the National Electrical Contractors, Wisconsin Chapter. The rule change is also supported by the Milwaukee & Southeast WI District Council of Carpenters, WI State AFL-CIO,, including the United Association of Plumbers & Steamfitters, Iron Workers Local 383, Roofers Local 65, Sheet Metal Local 18, and the International Brotherhood of Electrical Workers. Also supporting the change is the WI Apprenticeship Advisory Council and WI Technical College Apprenticeship Coordinators Council.

Fiscal Effect

The proposed rule change has no fiscal effect.

Contact Information

The proposed rules are available on the DWD web site at http://www.dwd.state.wi.us/dwd/hearings.htm.

A paper copy may be obtained at no charge by contacting:

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

201 E. Washington Avenue

P.O. Box 7946

Madison, WI 53707-7946

(608) 267-9403

pridgel@dwd.state.wi.us

Written Comments

Written comments on the proposed rules received at the above address no later than July 19, 2002, will be given the same consideration as testimony presented at the hearing.