This prohibition does not apply if any of the following apply:
•
A pest control official in the state of origin inspects the imported items and certifies any of the following in a phytosanitary certificate that accompanies the import shipment:
- That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.
- That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.
- That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.
- That the items are produced, processed, stored, handled or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of hemlock woolly adelgid.
•
The items are imported under a written agreement between the importer and DATCP. DATCP may cancel the agreement at any time. The agreement must specify import terms and conditions including:
- The name and address of the importer and import recipient.
- The proposed source and destination of each import shipment.
- The proposed import dates or time period.
- The items to be imported in each proposed shipment.
- The proposed size and frequency of import shipments.
- The proposed method of import.
- Required import conditions that will, in the department's opinion, effectively prevent the spread of hemlock woolly adelgid.
These import controls imposed by the rule would have some costs in terms of notifying affected industries but could be absorbed by existing staff. The department will present information through development of written material, press releases, and cooperative efforts with affected industries. Ongoing duties would be to monitor industry compliance with the rule. Industry compliance is already monitored for other sections of
ATCP 21 and this new section would be a small addition.
Fiscal Estimate
The changes in the inspection and certification service fees would increase revenues to a program revenue account. Existing fees do not cover actual expenses of the program. The new fee structure will allow the department to recover the cost of administering the phytosanitary program.
Initial Regulatory Flexibility Analysis
Fees for Plant Inspection and Certification & Hemlock Woolly Adelgid; Import Controls
This rule repeals and recreates Wisconsin's current Inspection and Certification rules. This rule creates a fee of $50.00 per certificate, which will include mileage, meals, lodging and staff time for inspection and travel. The current fee for certification is $15.00 for a certificate, plus mileage (.325 cents/mile), meals, lodging and staff time ($20.00/hour, with a $20.00 minimum) for inspection and travel.
This rule also creates import controls for hemlock woolly adelgid, a serious pest of hemlock trees in the eastern US. This insect has been intercepted on nursery stock in other states and can possibly be spread by logs, mulch or bark chips of hemlock trees.
Small Businesses Affected by this Rule
A “small business," as defined in s.
227.114 (1) (a), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full-time employees or which has gross annual sales of less than $2,500,000.
Small nurseries and sole proprietors shipping interstate or internationally are the small businesses that will be affected by this rule.
Effects on Small Business
This rule may have some impact on nurseries in Wisconsin that purchase hemlock nursery stock from states infested with hemlock woolly adelgid, because costs incurred by nurseries in other states to meet our requirements may be passed along to the receiving nurseries in Wisconsin. There would be no extra skills required since nurseries deal with similar certificates for other plant pests.
The fee increase for certificates ($15 to $50) may decrease the number of certificates issued by a small amount. Some businesses, mostly larger enterprises, request certificates as a sort of insurance policy; the country to which they are exporting doesn't require a certificate but having one expedites the importation of the commodity. Many of the companies will pass the increased cost onto their customers.
Small businesses may see more efficient turnaround time in receiving their certificates since no calculations will need to be made by the department concerning mileage, meals, hours and lodging. Small nursery businesses receiving plant health certificates may reconsider their current practice of requesting the certificate if they don't ship nursery stock interstate because of the increase in the fee.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
[
CR 02-111]
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.
443.03, 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 3.03 (5), relating to architectural interns.
Hearing Date, Time and Location
Date: November 13, 2002
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 180
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 November 20, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: s.
443.03, Stats.
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors proposes to create s.
A-E 3.03 (5) to permit the use of an architect-related title prior to formal licensure. This rule will allow a person in the process of acquiring supervised experience as an architect to use the title “architectural intern." The proposed rule will not modify the registration requirements for architects, but will permit use of the term “architectural intern" while a potential licensee is in the process of gaining the required experience.
TEXT OF RULE
SECTION 1. A-E 3.03 (5) is created to read:
A-E 3.03 (5) An individual acquiring supervised experience in architectural work under this section for the purpose of satisfying the requirements of s.
443.03 (1) (b), Stats., may use the title “architectural intern."
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
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
302.386 (3) and
(4), Stats., the department of corrections proposes the following rules relating to medical, dental and nursing copayment charge:
Hearing Information
On the following dates, public hearings will be held relating to the permanent proposed rule
CR02-123, relating to medical, dental and nursing copayment charge as well as the emergency rule ch.
DOC 316 effective September 3, 2002.
Date & Time Location
November 18, 2002 Wood County Courthouse
Monday 400 Market Street
11:00 a.m. - 1:00 p.m. Room 210B (Second Floor)
Wisconsin Rapids, Wisconsin
November 18, 2002 State Office Building
Monday 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
Pursuant to
2001 Wisconsin Act 109, the department is required to increase the copayment charge for medical, dental or nursing services provided to inmates and juveniles. The Act provides, in relevant part, the following:
“Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes." and,
“Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services."
Currently, the department's emergency rule, effective September 3, 2002 pursuant to legislative requirement, provides for a $7.50 copayment, increased from the previous amount of $2.50, under such circumstances as described above. This proposed rule, among other minor changes, makes the $7.50 copayment permanent.
This rule:
•
Makes permanent the medical, dental and nursing copayment charge to $7.50 as required by
2001 Wisconsin Act 109 and consistent with the department's current emergency rule.
•
Eliminates the requirement that an inmate must “earn wages" before becoming responsible for the $7.50 copayment, in regard to inmates who are not housed in a secured correctional facility (juvenile facility). This change is made as a result of prior legislation that removed the “earns wages" requirement from statute. See section
302.386 (3) Stats.
•
Establishes criteria to exempt persons in a juvenile correctional facility who do not earn wages. The current rule effectively exempts juveniles from the copayment because they do not “earn wages" as required by the rule. However, since “earn wages" has been removed in this rule proposal, the department has created a specific exemption for persons in juvenile correctional facilities. Section
302.386(3)(c) grants the department authority to except or waive liability “under criteria that the department shall establish by rule."
•
Exempts liability for medical, dental or nursing services provided as a result of an injury sustained through an institution work assignment.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
The Department of Corrections (DOC) under s.
302.386 (3) (b) is required to receive a minimum medical copayment of $2.50 from any inmate requesting medical services or dental services. It should be noted the Department cannot deny medical services to any resident that requests services based on their lack of ability to pay.
2001 Wisconsin Act 109 required DOC to promulgate an emergency rule that required the Department to collect a minimum medical copayment of $7.50 from every inmate that requests medical services. The Department is now requesting that the provisions included in the emergency rule be made permanent.
In FY01, DOC received 47,000 request from inmates for services and collected $117,500 in revenue.
2001 Wisconsin Act 109 is estimating $235,000 in additional revenue will be collected in medical copayments in FY03, or a total of $352,500 on an annual basis. (A full copy of the fiscal estimate may be obtained through the contact person listed below.)
Contact Person
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 November 25th, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
In accord with the provisions of s 227.16 (1), Stats., the Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule on participation in the variable division of the trust fund. The proposed rule repeals and recreates s ETF 10.30, and repeals ss.
ETF 10.31,
10.32,
10.33 and
10.34 Wis. Adm. Code.
Hearing Date, Time and Location
