Authority for Rule
Authority for Rule: Sections 40.03 (1) (m), (2) (i), (7) (d), and (8) (d), 227.10 and 227.11 (2) (a), Stats.
Statutes Interpreted: Section 40.04 (7) (a), Stats.
Initial Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. This rule has no anticipated state fiscal effect during the current biennium and no future effect on state funds, which do not include the Public Employee Trust Funds.
The Department of Employee Trust Funds anticipates some cost to the Public Employee Trust Funds in administering this rule. These costs include one-time costs for programming computer systems to handle the new variable program, and on-going costs to process variable election forms and provide participants with information.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, WI 53707, telephone (608) 266-1071. For questions about this rule making, please contact:
Shelly Schueller
Employee Benefits Policy Analyst
(608) 266-6611 or,
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 29.014, 29.041 (1) and 227.24, Stats., interpreting s. 29.041 (1), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-43-02(E) relating to the closure of carp fishing on Cedar lake and connected waters in Polk and St. Croix counties. The emergency order took effect on October 3, 2002. Spring viremia of carp virus is of international animal health concern. The virus affects fishes in the minnow family in nature. Minnows are extremely important forage fish for many important sport fishes in Wisconsin and are also important to the bait and aquaculture industries. Assuring the health of minnow populations and preventing the spread to other waters is important in preserving the welfare of Wisconsin citizens by protecting popular and economically valuable sport and bait fisheries. Little is currently known about the extent of the virus and until we can increase our knowledge, this closure will limit the potential spread from transport of fish and/or their parts and fluids.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
November 11, 2002
Monday at 1:00 p.m.
Room 027, GEF #2
101 South Webster St.
Madison, WI
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 will be no fiscal impact.
Copies of Rule and Contact Persons
Written comments on the emergency 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 November 14, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-43-02(E)] may be obtained from Mr. Schmalz.
Notice of Hearings
Natural Resources
(Environmental Protection - General)
[CR 02-122]
NOTICE IS HEREBY GIVEN that pursuant to ss. 281.69 and 227.11 (2) (a), Stats., interpreting s. 281.69, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 191, Wis. Adm. Code, relating to lake protection and classification grants. Changes contained in the biennial budget bill expanded the list of eligible lake grant activities to include shoreline restoration and a special class of wetland restoration grants that provide 100% state funding up to $10,000 if the project is identified in a comprehensive land use plan. In addition to rules for these new grants, the code has been restructured into five subchapters. The revisions to rule include:
General Provisions
1. Changes in statutes allow the department to set the minimum and maximum dues levels for qualified lake associations to be eligible sponsors. A range of $5 to $50 dollars is proposed. Previously it was set at $10 to $25 by statute which precluded some organizations from eligibility.
2. Expands and clarifies the items required for a grant application and the priorities used to rank grant projects.
3. Requires that permits needed for all projects be obtained or applied for on or before the application deadline.
4. The value of donated, unskilled labor is changed from the federal minimum wage to a flat rate of $8 per hour.
Land Acquisition
1. Several changes were made for consistency with the department's Stewardship Program including the elimination of legal costs as a grant eligible expense, clarifying the terms of grant contracts, adding definitions and policies specific to easements.
2. Clarifies that to be eligible, all conservation easements must be permanent.
Wetland and Shoreline Restoration
1. Creates new rules per changes in statutes for Wetland Restoration Incentive Grants that are 100% state funded up to $10,000 if the project is identified in a comprehensive land use plan.
2. Wetland restoration projects at 75% state funding are retained but capped at $100,000 per grant.
3. Creates new rules per changes in statutes for shoreline restoration grants. These rules are modeled after similar activities allowed under ch. NR 120 Priority Watershed and Priority Lake Program. A significant difference is that restored properties must be permanently deed restricted and a one time incentive payment of $250 is allowed to encourage participation. All shoreline restoration grants are capped at $100,000 per grant.
Lake Classification and Local Ordinance Development
Creates new rules to allow grants for implementing county lake classification programs and expands the discussion of all eligible projects.
Implementation of Lake Management Plans
1. Creates standards for approving lake management plan recommendations.
2. Clarifies the procedure for plan and application submittal and approval by the department.
3. Requires all funded management practices be maintained and operated for a minimum of 25 years. This will be established by contract and recorded with the deed for the property.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
November 14, 2002
Thursday at 7:00 p.m.
Waukesha DNR Office
407 Pilot Court, Suite 100
Waukesha
November 19, 2002
Tuesday at 7:00 p.m.
Law Enforcement Room
Washburn Co. Courthouse
10 West 4th Avenue
Shell Lake
November 20, 2002
Wednesday at 7:00 p.m.
Maple Room
Wausau City Hall
407 Grant Street
Wausau
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 Mr. Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact to the State. While the proposed rule will mean more activities are available for grants to sponsors and the local share may be easier to raise for some projects, the appropriated amount statewide will not increase.
While we expect that participation may increase, at this time is it not possible for the department to estimate the impact on the lake grant program.
Copies of Rule and Contact Persons
Written comments on the proposed rule may be submitted to Mr. Carroll Schaal, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 4, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-42-02] and fiscal estimate may be obtained from Mr. Schaal.
Notice of Hearing
Psychology Examining Board
[CR 02-124]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 455.08, and interpreting ch. 455, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise chs. Psy 1 to 5, relating to examinations, supervised experience, qualifications and responsibilities of supervisors, licensure by comity, reciprocity, holders of the certificate of professional qualification and senior psychologists, continuing education, renewal and professional conduct.
Hearing Date, Time and Location
Date:   November 13, 2002
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  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 29, 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), 227.11 (2) and 455.08, Stats.
Statutes interpreted: ch. 455, Stats.
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