Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on its emergency rule relating to prairie dogs. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until July 24, 2003, for additional written comments.
Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by July 3, 2003, 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.
One hearing is scheduled:
Tuesday, July 15, 2003, at 1:00 p.m.
Prairie Oaks State Office Building, Room 411
2811 Agriculture Drive
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
There has been an outbreak of an orthopox virus in Wisconsin residents who have had recent contact with prairie dogs. There have been reported instances of some of the prairie dogs exhibiting signs of illness and of other mammals that have been in contact with prairie dogs also exhibiting signs of illness. This emergency rule is being promulgated to reduce the threat of this disease to Wisconsin residents.
This rule prohibits the following:
• Importing into Wisconsin any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003.
• Selling of any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003.
• Allowing any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003, to have contact with any member of the public.
• Releasing any prairie dog or any mammal known to have had contact with prairie dogs since April 1, 2003, to the wild.
Fiscal Estimate
Costs and staffing needed to enforce this emergency rule can be temporarily absorbed. The Division has canceled and rescheduled routine program activities to accommodate the manpower demands of conducting interviews, attempting to locate all exposed mammals, and examining and potentially euthanizing mammals that have come into contact with prairie dogs. Staff will continue to be reallocated from existing duties as dictated by the Department's emergency response plan.
Four veterinarians are involved in containing this disease on a daily basis at an average daily cost of $432.00. Average salary of the veterinarians involved is $260 per day (32.50 per hour x 8 hrs.), associated fringe cost is $107.00 (13.38 *8), and supplies cost of $65.00 (meals, travel, one overnight per week and supplies). Costs are anticipated to continue for 30 days for a cost of $12,960 for the emergency response.
Many routine programs have suffered significant and potentially critical delays already due to CWD and exotic newcastle disease outbreaks.
Notice of Hearing
[
CR 03-047]
(reprinted from 5/31/03 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15),
101.12,
101.13,
101.132, and
101.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to elevators, escalators, and lift devices.
The public hearing will be held as follows:
Wednesday, July 9, 2003 at 10:00 a.m.
Conference Room #125
Department of Revenue Building
2135 Rimrock Road
Madison, WI
Analysis of Proposed Rules
Overview
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating fire prevention and construction requirements for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. The Department is also responsible for creating design and construction requirements for mechanical devices, such as elevators, escalators and platform lifts, to ensure the safety of employees and frequenters in public buildings and places of employment who use these devices.
Currently, the Department adopts by reference the 1996 edition of the ASME A17.1- Safety Code for Elevators and Escalators, which included requirements for platform lifts and stairway chairlifts. In 1999, the ASME A18.1-Safety Standard for Platform Lifts and Stairway Chairlifts was developed as a separate document from the ASME A17.1 standard. The ASME A17.1-2000 edition and the ASME A18.1a-2001 edition are proposed to be adopted by reference in chapter Comm 18. Both of the national standards have been substantially revised and renumbered, which will necessitate chapter Comm 18 being completely rewritten and renumbered for consistency with the adopted standards.
Major Changes
The following are the major items contained in the revised chapter Comm 18, which incorporates by reference the ASME A17.1 and ASME A18.1a national standards:
1. Renumber chapter Comm 18 to correspond with the adopted standards numbering system. For example Comm 18.1708 relates to ASME A17.1 chapter 8, and Comm 18.1802 relates to ASME A18.1a chapter 2.
2. Add an application requirement that specifies which parts of the code apply to both new and existing installations. This requirement is consistent with ASME A17.1 section 1.1.3 and is being included as a Wisconsin based requirement in the administration and enforcement section of the code for clarity and consistency. [Comm 18.1003 (1) (b) 3.]
3. Include the same definition of “alteration" as used in the ASME A17.1 in Comm 18 for consistency. [Comm 18.1004 (1)]
4. Require owners to provide maintenance logs to inspectors upon request. [Comm 18.1008 (3)]
5. Add a statement to the requirements for incorporation by reference of ASME A17.1 and ASME A18.1a that indicates any internal cross-references within the adopted codes to another requirement that has been modified by chapter Comm 18, the modification will apply unless specifically stated otherwise. This will eliminate the need to repeat a modification that applies to more than one type of elevator, or platform lift. [Comm 18. Comm 18.1005 (1) and (2)]
6. Require that information layout plans also provide information as specified in the ASME A17.1 and ASME A18.1a standard. [Comm 18.1013]
7. Reformat the plan review requirements for alterations to elevators and other mechanical lifting devices to a tabular format. The tables are organized to indicate when plans and applications are required or when only applications are required. Changes include requirements for platform lift alterations. [Comm 18.1013 (2) and Tables Comm 18.1013-1 to 18.1013-7]
8. Clarify that an application submittal is required when the repair of speed governors or valves includes breaking the seal. [Comm 18.1013 (2) (b) and Table Comm 18.1013-4]
9. Require the refuge space on top of hydraulic elevators to be identified the same as specified for electric elevators. [Comm 18.1703 (1)]
10. Modify the requirements in ASME A17.1 section 8.6.5.8 that requires elevators with hydraulic cylinders installed below ground to be replaced or provided with safeties conforming to ASME A17.1 section 3.17.1. Currently, there are no known safeties that would comply with the requirements so the replacement of existing single bottom hydraulic cylinders would be required. The Department has modified the requirements in ASME A17.1 section 8.6.5.8 to apply to hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders, and to require these elevators to have an annual pressure test as specified in ASME A17.1 sections 8.11.3.2.1 and 8.11.3.2.2. If the pressure test, or the record of oil usage specified in ASME A17.1 section 8.6.5.7 indicates there is an unexplained loss of oil, the hydraulic cylinder will need to be replaced. [Comm 18.1708 (1) and ASME A17.1 sections 8.11.3.2.1 and 8.11.3.2.2]
11. Include the ASME A18.1a section 1.1.1 requirement that prohibits a full passenger enclosure for platform lifts. [Comm 18.1802 (1) (e) and (2) (b) 1.]
12. Prohibit vertical platform lifts where runway enclosures are not provided. Vertical platform lifts without runway enclosures would not comply with the protruding object requirements in IBC chapter 10 for elements located on an accessible route. [Comm 18.1802 (3)]
13. Require differences in elevation between the platform lift and the floor to be overcome with ramps complying with the building code. [Comm 18.1802 (4)]
14. Increase the maximum travel distance of a platform lift from 12 feet to 14 feet. [Comm 18.1802 (7) (d)]
15. Include accessibility control requirements for platform lifts, which were previously found in chapter Comm 18. [Comm 18.1802 (8) (a)]
16. Require that a means be provided to permit authorized personnel from a position outside of the vertical platform runway enclosure to raise or lower the platform manually in the event of a power failure, unless standby power is provided. [Comm 18.1802 (8) (d)]
17. Permit inclined platform lifts that have restraining arms and that also fold up against a wall to be used as part of an accessible route in existing construction. These types of lifts would only be permitted under certain conditions in new construction as specified in s.
Comm 62.1109 (7), and must not infringe into the minimum means of egress width required for the building occupants as specified in IBC chapter 10. These units will permit a minimum load capacity of 450 pounds, as opposed to the 750 pound minimum currently in the code. In the past, people with disabilities who use larger motorized chairs felt an increase in capacity was necessary. However, national codes and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) permit these units with the minimum capacity of 450 pounds. The unit is restricted to travel between 2 consecutive floors and have a maximum of 3 stops, and a sign is required to specify the maximum weight capacity of the lift. [Comm 18.1803]
18. Add a requirement specifying that stairway chairlifts may not be used as an accessible route in public buildings and places of employment, since these units do not provide accessibility for people who use mobility aids, such as wheelchairs. Stairway chairlifts serve only a small number of people with disabilities and may not be considered where an accessible route is required. [Comm 18.1804 (1)]
19. Eliminate the Wisconsin-based requirement that vertical platform lifts may penetrate a floor, since the ASME A18.1a standard now permits vertical platform lifts to penetrate a floor. [ASME A18.1a section 2.1]
Council Members and Representation
The proposed rules were developed with the assistance of the Elevator Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Don Annen WI State Fire Chiefs Association, Inc.
Warren Bauer American Inst. of Architects-WI Society
David Koch National Assn. of Elevator Contractors
Bruce Lammi WI Society of Professional Engineers
Steve Lex WI State AFL-CIO
Jeff Lund Waupaca Elevator Company
William Page Accessibility Equip. Manufacturers Assn.
David Rakowski Otis Elevator Company
John Zalewski City of Milwaukee
Andrew Zielke National Elevator Industry, Inc.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
July 25, 2003, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
dmeredith@commerce.state.wi.us.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audiotape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All small businesses that have elevators, escalators, or lift devices will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Owners of buildings with elevators, escalators, or lift devices will be required to keep a log of the maintenance performed on their equipment, and to make this log available to inspectors.
Owners of hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders will be required to perform an annual pressure test or a static test to determine if there is an unexplained loss of oil. The average cost to perform these tests is $500 per elevator. If the tests show an unexplained loss of oil, the hydraulic cylinders will need to be replaced.
3. Types of professional skills necessary for compliance with the rules.
None known.
Fiscal Estimate
Note: The estimated cost to perform annual pressure test is $500 per elevator. There are approximately 1750 hydraulic elevators that were installed in Wisconsin and that have below ground cylinders, and of this total, approximately 100 are installed in state owned facilities. It is estimated that, annually, the cost for the Department of Administration to have these tests performed on hydraulic elevators located in state-owned facilities will be $50,000. Local government units will also be impacted, however it is impossible to determine the number of affected hydraulic elevators that are installed in local government buildings throughout the state and the extent of the fiscal impact.
Notice of Hearing
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.18, Stats., and interpreting ss.
961.11 and
961.18 (5), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.29, relating to rescheduling buprenorphine from a schedule V controlled substance to a schedule III controlled substance, under the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: August 6, 2003
Time: 9:15 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 August 6, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: Sections
961.11 and
961.18, Stats.
By final rule of the Drug Enforcement Administration (DEA), adopted effective October 7, 2002, buprenorphine was reclassified from a schedule V controlled substance to a schedule III controlled substance under the federal Controlled Substances Act (CSA). Buprenorphine is currently only classified as a schedule V controlled substance under the Wisconsin Controlled Substances Act in Ch.
961, Stats. The objective of the rule is to bring state classification of buprenorphine into conformity with federal law.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. In December 2001, the federal Department of Health and Human Services forwarded a recommendation to reschedule buprenorphine to schedule III of the Controlled Substances Act. (CSA). The recommendation was based on a reevaluation of buprenorphine's abuse potential and dependence profile in light of numerous scientific studies and years of human experience with the drug. The DEA completed an independent eight factor analysis in accordance with
21 U.S.C. 811 (c). The DEA made findings in accordance with
21 U.S.C. 812 (b) that buprenorphine has potential for abuse less than the drugs or other substances in schedules I and II, has currently accepted medical use in treatment in the United States, and abuse may lead to moderate or low physical dependence or high psychological dependence. These findings form basis for the DEA action in rescheduling buprenorphine.
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), Stats.
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 Hearing
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.18, Stats., and interpreting ss.
961.11 and
961.18, Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.30, relating to the scheduling of a schedule III controlled substance under ch.
961, Stats., the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: August 6, 2003
Time: 9:15 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 August 6, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
By final rule of the Drug Enforcement Administration (DEA), adopted effective March 3, 2000, gamma- hydroxybutric acid (GHB) was classified as a schedule I and schedule III controlled substance under the federal Controlled Substances Act (CSA) pursuant to Public Law 106-172. GHB is currently only classified as a schedule I controlled substance under the Wisconsin Controlled Substances Act in Ch.
961, Stats. The objective of the rule is to bring state classification of GHB into conformity with federal law.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. The DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. Schedule IIII controlled substances are listed in
21 CFR 1308.13. Section 1308.13(c)(5) lists GHB as included in that classification for any drug product containing GHB for which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act. Public Law 106-172 authorized the DEA to classify GHB as a schedule I and schedule III controlled substance. This forms basis for the DEA action. The board has been requested to initiate rulemaking to create a GHB classification which mirrors federal law to enable citizens of this state to benefit from FDA approved prescription drug products containing GHB.
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), Stats.
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 Hearing
Financial Institutions-Securities
NOTICE IS HEREBY GIVEN that pursuant to ss.
551.63 (1) and
(2), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4th Floor Conference Room, at 10:00 a.m. on
Monday, August 11, 2003 to consider the adoption, amendment and repeal of rules relating to conforming Wisconsin's Securities Law rules concerning broker-dealer books and record-keeping requirements to federally-mandated standards under the Securities Exchange Act of 1934.
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison Wisconsin, 53701.
Analysis Prepared by the Division of Securities of the Department of Financial Institutions
The rulemaking procedures under Ch.
227 of the Wisconsin Statutes are being implemented for the purpose of adopting permanent rules to be in effect upon expiration of emergency rules issued by the Division on May 2, 2003 to conform Wisconsin's Securities Law rules concerning broker-dealer books and record-keeping requirements to federally mandated standards established in rules adopted by the U.S. Securities and Exchange Commission (“SEC") under the Securities Exchange Act of 1934 that became effective on May 2, 2003.
Congress in its passage of the National Securities Markets Improvement Act (“NSMIA") in 1996 prohibited state securities regulators from establishing or enforcing under their state securities laws or rules, record-keeping requirements for securities broker-dealers that are inconsistent with, or not required by, the U.S. Securities and Exchange Commission.
Following passage of NSMIA, the SEC commenced a rule-making process that spanned a several-year period (including a 1998 reproposal of the entirety of the proposed rules for a new public comment period), culminating in adoption in late 2001 of an extensive series of broker-dealer books and records rules for effectiveness commencing May 2, 2003. The SEC's revised books and records rules cover a comprehensive series of areas, including: (1) customer account records; (2) order ticket information; (3) customer complaints; (4) mandated reports and audits; (5) compliance manuals; (6) records maintenance, retention, production and access; and (7) records required to be maintained at a firm's home office and at “local" offices.
Because of the preemptive effects of federal law under NSMIA, all of the existing provisions of the Wisconsin administrative rules in Chapter SEC 4 under the Wisconsin Securities Law dealing with broker-dealer books and records covering the information categories (1) to (6) described above are superseded by the federal rules established by the SEC that became effective May 2, 2003. Additionally, certain existing Wisconsin Rule of Conduct provisions tied to the existing Wisconsin books and records rules need to be revised appropriately.
Consequently, it is necessary to adopt permanent rules (to be in place upon expiration of the emergency rules adopted May 2, 2003) to revise and amend Wisconsin's broker-dealer books and records rules to conform to the federal rules that became effective May 2, 2003, and to remove inconsistent requirements contained in the existing Wisconsin books and record-keeping rules. A subcommittee of the North American Securities Administrators Association (“NASAA"), an organization comprised of the securities administrators of all 50 states, including Wisconsin, has reviewed the impact of the SEC's books and record-keeping rules on existing state securities law licensing rules, and recommended that states utilize the incorporation-by- reference-of-the–federal-rules treatment contained in the proposed permanent rules.
A summary of the proposed permanent rules follows:
(1) Under Section 1, the entirety of the existing Wisconsin general books and records requirement for licensed broker-dealers as set forth in rules DFI-Sec 4.03(1) to (4) (that particularizes the types of required books and records, and prescribes records retention periods), is repealed and recreated to incorporate by reference the new, superseding, federal rules adopted by the SEC contained in sections 17a-3 and 4 under the Securities Exchange Act. New sub. (1) requires a firm to retain the books and records cross-referenced in federal SEC rules 17a-3 and 4, and new sub. (2) incorporates by reference the records preservation and retention requirements in federal SEC rule 17a-4. New subsections (3) and (4) replace the current Wisconsin rules in DFI-Sec 4.03 (3) and (4) [that prescribe branch office records and retention requirements], with language which provides that the books and records required to be prepared and maintained at broker-dealer offices triggering the definition of “branch office" under current rule DFI-Sec 1.02(7)(a), are the same records prescribed under the new federal provisions in new federal Rule 17a-3, and must be held for the retention periods specified in new federal Rule 17a-4.
(2) Section 2 repeals current Wisconsin rule DFI-Sec 4.03 (6) [which permitted broker-dealers to utilize alternative records to satisfy the principal office and branch office records required in existing rules DFI-Sec 4.03 (1) and (3)], because under NSMIA, states no longer have the authority to permit alternative forms of broker-dealer records different from the records prescribed by federal law.
(3) Section 3 is a renumbering of current rule DFI-Sec 4.03 (7) to reflect the repeal of DFI-Sec 4.03 (6) in Section 2.
(4) Under Section 4, the existing Wisconsin Rule of Conduct provision in DFI-Sec 4.05 (5) [requiring broker-dealers to provide customers with prescribed new account information and subsequent amendments to such information] is amended to both substitute a cross-reference to the new federal provision on that subject in SEC rule 17a-3(a)(17) under the Securities Exchange Act of 1934, and to repeal language in the Wisconsin rule inconsistent with federal provisions.
Each Section that adopts, amends or repeals a rule is followed by a separate Analysis which discusses the nature of the revision as well as the reason for it.
Copy of Proposed Rule
A copy of the entirety of the proposed rule revisions to be considered may be obtained upon request to the Division of Securities, Department of Financial Institutions, 345 West Washington Avenue, 4th Floor, P.O. Box 1768, Madison, Wisconsin 53701.
Fiscal Estimate
A summary of the fiscal effects of the proposed rule revisions is as follows: (1) No one-time revenue fluctuations; (2) No annual fiscal effects; (3) No long-range fiscal implications; (4) No fiscal effect on local units of government.
Initial Regulatory Flexibility Analysis:
1. Types of small businesses that could be affected by certain of the rule revisions are:
Broker-dealer licensees under the Wisconsin Uniform Securities Law with fewer than 25 full-time employees who meet the other criteria of s.
227.114 (l) (a), Stats. The proposed revisions to the securities broker-dealer books and record-keeping requirements and Rule of Conduct provisions are applicable equally to all broker-dealers because the requirements involved are for the protection and benefit of Wisconsin customers of those firms. All Wisconsin customers of securities broker-dealers are entitled to the public investor protection benefits of the licensing books and record-keeping requirements and Rule of Conduct provisions, irrespective of the size of the firm providing the securities services. Under the rule revision procedure of the Division of Securities, a copy of the proposed rule revisions is mailed to each broker-dealer licensed in Wisconsin, as well as to each investment adviser licensed or notice-filed in Wisconsin, notifying them of the proposed revisions and soliciting written comments or attendance at the public hearing regarding the proposed rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
See the summaries in numbered Items 1 to 4 above.
Contact Person
A copy of the full text of the proposed rule revisions and fiscal estimate may be obtained from:
Randall E. Schumann (608) 266-3414
Legal Counsel for the Division of Securities
Department of Financial Institutions
345 West Washington Avenue, 4th Floor
P. O. Box 1768
Madison, WI 53701
Additionally, the full text of the proposed rule revisions is available on-line at the DFI Website:
Notice of Hearing
Financial Institutions-Securities
NOTICE IS HEREBY GIVEN that pursuant to ss.
551.63 (1) and
(2), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4th Floor Conference Room, at 10:30 a.m. on
Monday, August 11, 2003 to consider the adoption, amendment and repeal of rules in connection with its annual review of the administrative rules of the Division of Securities relating to the operation of Ch.
551, Stats., the Wisconsin Uniform Securities Law.
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison Wisconsin, 53701.
Analysis Prepared by the Division of Securities of the Department of Financial Institutions
The rulemaking procedures under Ch.
227 of the Wisconsin Statutes are being implemented for the purpose of effectuating the Division's annual review of the Rules of the Division of Securities. The Division's annual rule revision process for 2002 is conducted for the following purposes: (1) making necessary repeals of administrative rules that had been adopted under, and were applicable to, the former “individual accredited investor" securities registration exemption in 551.23 (8) (g), Stats., which was repealed and re-created effective October 1, 2002; and (2) amending several of the existing Administrative Procedure-contested case rules in Ch.
DFI-Sec 8, Rules of the Division of Securities, dealing with effectuating service and providing notice of administrative orders on named parties, as well as appearances at administrative proceedings by representatives of named parties.
A summary of the rule revisions follows:
1. Making necessary repeals of administrative rules [in DFI-Sec 2.02 (4) (a) and (b)] that had been adopted under, and were applicable to, the former “individual accredited investor"securities registration exemption in s. 551.23 (8) (g), Stats., which was repealed and re-created in
2001 Wisconsin Act 44 (that became effective October 1, 2002) to now conform totally to the federal definition of “accredited investor" under Rule 501(a) of Regulation D of the Securities Act of 1933
2. Existing rules in s.
DFI-Sec 8.03 relating to appearances at administrative proceedings by representatives of named parties need to be amended to reflect a recent Wisconsin court determination that precludes persons not licensed as attorneys in Wisconsin from representing named parties in contested case administrative proceedings before Wisconsin state agencies.
3. Existing rules in s.
DFI-Sec 8.07 relating to effectuating service of summarily-issued Division administrative orders on named parties needs to be amended to provide that if a named party is a corporation, service via certified mail can be accomplished either by sending to the corporation directly at its last known address, or by sending to the corporation's registered agent at its last known address, or by doing both.
4. Existing rules in s.
DFI-Sec 8.06 relating to effecting service by the Division of administrative orders on named parties needs to be amended to provide that if the named party is represented by legal counsel, service can be accomplished by serving legal counsel representing the named party.
Each Section that adopts, amends or repeals a rule is followed by a separate Analysis which discusses the nature of the revision as well as the reason for it.
Copy of Proposed Rule
A copy of the entirety of the proposed rule revisions to be considered may be obtained upon request to the Division of Securities, Department of Financial Institutions, 345 West Washington Avenue, 4th Floor, P.O. Box 1768, Madison, Wisconsin 53701.
Fiscal Estimate
A summary of the fiscal effects of the proposed rule revisions is as follows: (1) No one-time revenue fluctuations; (2) No annual fiscal effects; (3) No long-range fiscal implications; (4) No fiscal effect on local units of government.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that could be affected by certain of the rule revisions are:
None of the rule proposals have particularized applicability to small businesses.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No reporting, bookkeeping, or other procedures were contained in this rulemaking package.
Contact Person
A copy of the full text of the proposed rule revisions and fiscal estimate may be obtained from:
Randall E. Schumann (608) 266-3414
Legal Counsel for the Division of Securities
Department of Financial Institutions
345 West Washington Avenue, 4th Floor
P. O. Box 1768
Madison, WI 53701
Additionally, the full text of the proposed rule revisions is available on-line at the DFI Website:
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that, pursuant to s.
227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider proposed permanent rules to repeal, renumber, renumber and amend, amend, repeal and recreate and create provisions, relating to a variety of Wis. Adm. Code chapters administered by the Department.
Hearing Information
The public hearing will be held:
Date & Time Location
July 21, 2003 State Office Building
Monday 1 W. Wilson St.
1:00 PM to 3:00 PM Madison, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available on site.
Analysis Prepared by the Department of Health and Family Services
This proposed rulemaking order contains a variety of minor revisions to the Department's administrative rules, which were previously published in the Wisconsin Administrative
Register, No. 569, published on May 14, 2003. These revisions have little substantive effect on those regulated by the rules. The Department is issuing these changes in a single order to conserve limited agency resources while making necessary updates and improvements in the Department's body of administrative code.
Contact Person
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
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 rule received at the above address no later than Wednesday, July 23, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The Department's proposed changes will not have a fiscal effect.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Health and Family Services
(Health, Chs.
HFS 110—)
NOTICE IS HEREBY GIVEN that, pursuant to s.
149.143 (2) 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) to
(d) and
119.15 (2) and
(3), Wis. Admin. 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, 2003.
Hearing Information
The date, time and location of the public hearing is:
July 15, 2003 Conference Room 372
Tuesday State Office Building
Beginning at 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. HIRSP offers different types of medical care coverage plans for residents. According to state law, HIRSP policyholder premium rates must fund sixty percent of plan costs. The remaining funding for HIRSP is to be provided by insurer assessments and adjustments to provider payment rates, in co-equal twenty percent amounts.
One type of medical coverage provided by HIRSP is the Major Medical Plan. This type of coverage is called Plan 1. Eighty-nine percent of the 16,445 HIRSP policies in effect in March 2003, were of the Plan 1 type. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The rates for Plan 1 contained in this rulemaking order increase an average of 10.6% for policyholders not receiving a premium reduction. The average rate increase for policyholders receiving a premium reduction is 18.5%. Rate increases for individual policyholders within Plan 1 range from 5.4% to 20.9%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. Plan 1 rate increases reflect general and industry-wide premium increases and take into account the increase in costs associated with Plan 1 claims.
A second type of medical coverage provided by HIRSP is for persons eligible for Medicare. This type of coverage is called Plan 2. Plan 2 has a $500 deductible. Eleven percent of the 16,445 HIRSP policies in effect in March 2003, were of the Plan 2 type. The rate increases for Plan 2 contained in this rulemaking order increase an average of 15.6% for policyholders not receiving a premium reduction. The average rate increase for policyholders receiving a premium reduction is 23.8%. Rate increases for individual policyholders within Plan 2 range from 9.9% to 26.5%, depending on a policyholder's age, gender, household income and zone of residence within Wisconsin. Plan 2 rate increases reflect general and industry-wide cost increases and take into account the increase in costs associated with Plan 2 claims. Plan 2 premiums are also set in accordance with the authority and requirements set out in s.
149.14 (5m), Stats.
The Department amends ch.
HFS 119 in order to update HIRSP premium rates 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. HIRSP premium rates must be calculated in accordance with generally accepted actuarial principles.
The Department is also increasing total HIRSP insurer assessments and reducing 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 reconciled total costs for the HIRSP program for calendar year 2002. The Board of Governors approved a methodology that reconciles the most recent calendar year actual HIRSP program costs, policyholder premiums, insurance assessments and health care provider contributions collected with the statutorily required funding formula.
By statute, the adjustments for the calendar year are to be applied to the next plan year budget beginning July 1, 2003. The total annual contribution to the HIRSP budget provided by an assessment on insurers is $35,444,109. The total annual contribution to the HIRSP budget provided by an adjustment to the provider payment rates is $39,170,353. On April 9, 2003, the HIRSP Board of Governors approved the calendar year 2002 reconciliation process. On May 19, 2003 the Board approved the HIRSP budget for the plan year July 1, 2003 through June 30, 2004.
Identical emergency rules will be published to take effect on July 1, 2003.
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, 2003 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
These rules update HIRSP policyholder premium rates effective July 1, 2003. They also update HIRSP insurer assessments and provider payment rates for the 12-month period beginning July 1, 2003. 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 $59,413,694 in State Fiscal Year 2004, compared to State Fiscal Year 2003. This amount is comprised of an increase of $9,440,804 in insurer assessments, an increased adjustment (levy) of $14,420,175 to provider payment rates, and an increase of $35,552,715 in policyholder premiums. 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, 2003 as the result of a routine, annual update of HIRSP rules. A similar, budget-based update of HIRSP rules has occurred each and every state fiscal year since 1998. 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 Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of a rule affecting s.
Ins 8.49, Wis. Adm. Code, relating to small employer uniform employee application.
Hearing Information
Date: July 11, 2003
Time: 9:30 a.m., or as soon thereafter as the
matter may be reached
Place: Room 227, OCI
125 South Webster Street
Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The intended effect of the rule will be to reduce use of employee time for completion of application materials that should result in a cost savings to the small employers. There should be no fiscal increase incurred by small employers.
Fiscal Estimate
There will be no state or local government fiscal effect.
Contact Person
Inger Williams, Services Section
Office of the Commissioner of Insurance
at (608) 264-8110 or at
121 East Wilson Street
PO Box 7873
Madison WI 53707-7873.
Jun/16/03 1:24 A24/P24
Analysis prepared by the Office of the Commissioner of Insurance
Statutes interpreted: Sections
635.10, Stats.
In accordance with ss.
601.41 (8) and
635.10, Stats., the Office is statutorily required to develop a rule and the uniform employee application for group health insurance that is to be used by small employer insurers for small employer applicants. In compliance with s.
601.41(8), Stats., the Office, with consultation of the life and disability advisory council, convened a taskforce with representatives of small employers, licensed intermediaries and small employer insurers to obtain information relating to a proposed uniform employee application form. The taskforce made recommendations to the Office for its consideration in the development of the small employer uniform employee application.
The intent of the legislation was two-fold; to reduce the number of forms employees were required to complete when a small employer applied for group health insurance and permits small employers to seek multiple premiums from different small employer insurers with one form. Having a uniform employee application that could be used to obtain multiple premiums also has the benefit of decreasing the amount of time spent by the small employer in obtaining the premium information since the form may be photocopied and submitted simultaneously to several insurers.
To address the concerns of the small employers, licensed intermediaries and small employer insurers, the Office, in addition to drafting the uniform employee application, also drafted the rule governing the use and management of the application process. The proposed regulations establishes the following: photocopies of the form shall be accepted as though it were an original; duration for use of the information contained within the application form; and, requires small employer insurers to share the photocopied forms, in accordance with the applicant's authorization, with other named insurers within 5 business days as requested in writing by the small employer. The intent is to facilitate a timely exchange of the applications so that the small employer is able to receive the premium amount necessary to make an informed decision regarding the purchase of group health insurance.
Finally, although the uniform application will be available for use beginning August 1, 2003, in accordance with the statute, the rule permits a 60 day grace period to enable small employer insurers to transition from their individual application forms to the uniform application.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (1), Stats., and interpreting s.
457.12, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 13.01 (1),
(2) (intro.), and
(a) to
(c); and to create s. MSPW 13.01 (3) and (4), relating to the National Counselor Mental Health Certification Examining Board.
Hearing Date, Time and Location
Date: Wednesday July 30, 2003
Time: 10:00 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 July 31, 2003, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: Section
457.12, Stats.
This proposed rule-making order requires that applicants for licensure as a Professional Counselor pass the National Counselor Mental Health Certification Examination (NCMHCE). Under new law effective November 1, 2002, licensed professional counselors may practice psychotherapy independently. In order to ensure that they are qualified to practice psychotherapy independently, the Professional Counselor Section wishes to require all new applicants for licensure to pass the national clinical examination, the NCMHCE. Without this change, there will be less certainty that professional counselors are qualified to practice psychotherapy, and requiring passage of the NCMHCE will ensure greater protection of the public.
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), Stats.
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 Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
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 2003 migratory game bird season. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulations process. Actual season lengths, dates and harvest allocations will change based on the federal framework regulations. The Department anticipates the regulations to include:
Ducks – The state is divided into two zones, each with 45-day seasons. The season begins at noon September 27 in the north. In the south, the season begins at noon on October 4 and continues through October 12, there would be a 4-day split, and then reopen on October 17. 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. The canvasback season is again closed.
Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Season lengths are Collins Zone – 67 days; Horicon Zone – 93 days; Exterior Zone – 91 days; and Mississippi River Subzone – 70 days.
The Canada goose bag limit is established for the youth waterfowl hunt and 2 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 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:
August 5, 2003 Auditorium, Admin. Center
Tuesday 400 4th St. North
at 6:00 p.m. La Crosse
August 5, 2003 Comfort Suites
Tuesday Hwy. J and I-94
at 6:00 p.m. Pewaukee
August 6, 2003 Conference Room #1
Wednesday DNR Service Center
at 6:00 p.m. 107 Sutliff Ave.
Rhinelander
August 6, 2003 Room 310
Wednesday Green Bay City Hall
at 6:00 p.m. 100 N. Jefferson St.
Green Bay
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.
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 6, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-20-03] and fiscal estimate may be obtained from Mr. Thiede.
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 rule.
Notice of Hearing
Natural Resources
(Environmental Protection-General,
Chs.
NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.27 and
227.11 (2) (a), Stats., interpreting s.
30.27, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 118, Wis. Adm. Code, relating to the Lower St. Croix Riverway. Key areas of revision are definitional changes and additions to add clarity; creation of five unique set back zones and standards for development in each; clarification of the treatment of non-conforming structures; and modification of the administrative procedures for local and state government. These changes conform closely to the recent Cooperative Management Plan between the States of Minnesota and Wisconsin and the National Park Service.
The net effect of these changes is to improve the clarity and consistency of the code, increase the flexibility of owners of existing non-conforming structures to repair, maintain and, in some cases, expand those structures; increase the environmental and visual “buffering" of new and existing development within the riverway; and clarify administrative procedures.
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 hearing will be held on:
July 31, 2003 Lower Level Community Room
Thursday St. Croix Co. Government Center
at 5:00 p.m. 1101 Carmichael Road
Hudson
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 Al Shea at (608) 267-2759 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Al Shea, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than August 15, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-28-03] and its fiscal estimate may be obtained from Mr. Shea.
Fiscal Estimate
The rule will cause all towns, cities and villages within the Riverway District one-time costs to revise their zoning ordinances to reflect the new minimum standards in the revised rule for incorporated areas. Counties within which the District occurs will also incur one-time costs to revise their zoning ordinances to reflect the new minimum standards on the revised rule for unincorporated areas. However, after this initial increased workload, it is envisioned that the administrative burden of enforcing these specialized zoning provisions will be easier than that required to administer the existing ordinances, thereby decreasing workload. Exact increased one-time costs or decreased annualized costs to local governments are extremely difficult to estimate.
Notice of Hearing
Natural Resources
(Environmental Protection-General
Chs.
NR 100—)
(Environmental Protection-WPDES
Chs.
NR 200—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.15,
283.001,
281.13,
283.15,
283.31,
283.37 and
283.55, Stats., interpreting ss.
281.15,
283.13 and
283.15, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 104,
105,
106 and
210, Wis. Adm. Code, relating to the regulation of discharges of ammonia to surface waters of the state and other minor corrections to chs.
NR 105 and
106.
Ammonia nitrogen, which is present in domestic and some industrial wastewater, has been shown to be toxic to aquatic life. The Department is currently using 1976 U.S. EPA criteria and a general provision in s.
NR 105.04 to regulate the discharge of ammonia to surface waters. This proposed rule incorporates the EPA 1999 update of ambient water quality criteria for ammonia and calculation and implementation procedures to existing chs.
NR 105 and
106. The EPA criteria were adapted to reflect Wisconsin aquatic life special and water body classifications. The Department is proposing criteria that are specific to each of the four major aquatic life classifications (cold water fish, warm water sport fish, limited forage fish and limited aquatic life) to assure attainment of the designated waterbody use.
Based on additional toxicological data, the 1999 EPA criteria generally provide less restrictive criteria than those previously used to calculate effluent limitations. It appears that most existing bio-mechanical wastewater treatment plants in the state will be capable of achieving ammonia discharge limits developed under the proposed rule. A significant number of lagoon and stabilization pond systems (approximately 160) will be subject to ammonia limits for the first time and many likely will not be able to meet the limits. The proposed revision to ch.
NR 106 contains a variance procedure that provides additional time to address the treatment needs of facilities which use lagoons and ponds to treat domestic wastewater.
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:
July 15, 2003 Room 611A, GEF #2
Tuesday 101 South Webster St.
at 9:00 a.m. Madison
July 15, 2003 Room O102
Tuesday Moraine Park Tech School
at 2:30 p.m. 235 N. National Ave.
Fond du Lac
July 16, 2003 Conference Room #2
Wednesday Portage Co. Courthouse Annex at 11:00 a.m. 1462 Strongs Avenue
Stevens Point
July 22, 2003 Room 110A
Tuesday Barron Co. Courthouse
at 1:00 p.m. 330 E. LaSalle Avenue
Barron
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 Rick Reichardt at (608) 267-7894 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule and fiscal estimate may be submitted to Mr. Rick Reichardt, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than July 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WT 27-03] and fiscal estimate may be obtained from Mr. Reichardt.
Fiscal Estimate
It is estimated that approximately 160 facilities using lagoons and stabilization ponds for wastewater treatment will be affected by the proposal, as they may receive ammonia limits for the first time. Using a worst case assumption of replacing all lagoons and ponds with an alternative treatment system, it is estimated that total annual treatment costs for the affected users would increase in the range of $7.5-9 million.
Notice of Hearing
Natural Resources
(Environmental Protection-Air Pollution Control,
Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) 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 ss.
NR 428.02,
428.04 and
428.06, Wis. Adm. Code, relating to the control of emissions of nitrogen oxides. The proposed rule establishes a new categorical limit for nitrogen oxides (NO
X) emissions from a unit which is fired by biologically derived gaseous fuel. This rule revision is necessary to clarify that this category of emission units is subject to a specific emission limit and not to the emission limit for natural gas fired units. The proposed rule also clarifies the applicability of s.
NR 428.06 (2) (a) to only utility boilers.
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. Small businesses may be able to utilize more efficient and less costly options for providing energy at lower emission levels than was previously available.
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 hearing will be held on:
August 6, 2003 Room 141
Wednesday DNR Southeast Region Hdqrs.
at 1:00 p.m. 2300 N. 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 Tom Karman at (608) 264-8856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Tom Karman, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, no later than August 15, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of AM-25-03 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 or fax: (608) 267-0560.
Fiscal Estimate
The rule revisions are administrative changes that have no additional fiscal impact.
Notice of Hearing
Workforce Development
(Labor Standards, Chs.
DWD 270-
279)
NOTICE IS HEREBY GIVEN that pursuant to ss.
103.02 and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes to ch.
DWD 274, relating to hours of work and overtime.
Hearing Information
July 17, 2003 GEF 1 Building, Room B103
Thursday 201 E. Washington Avenue
at 1:30 p.m. Madison, WI
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 hearings, 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
Chapter
DWD 274 requires each private employer to pay each employee time and one-half the regular rate of pay for all hours worked in excess of 40 hours per week, unless the employer is not subject to the chapter or is exempt from the overtime section. Chapter
DWD 274 also requires each private employer to keep permanent records showing the name, address, hours of employment, and wages of each employee and to pay employees for on-duty meal periods.
Currently, employees employed in farming, as defined in s.
102.04 (3), Stats., are not subject to ch.
DWD 274. Employees of independent contractors who erect silos and other farm buildings or equipment, build terraces, dig wells or build dams for ponds; employees engaged in inspecting and culling flocks of poultry; and pilots and flagpersons engaged in the aerial dusting and spraying of crops are subject to the chapter but are exempt from the overtime pay requirement.
The proposed rule broadens the exemption from the overtime pay requirement for agricultural employees by adopting the federal definition of agriculture as found in the Fair Labor Standards Act. The federal definition of agriculture is more comprehensive and logical than the current chapter DWD 274, and there are extensive federal regulations and case law to assist in interpreting the federal definition.
The federal definition of agriculture has two distinct branches. The primary meaning of agriculture includes cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, and the raising of livestock, bees, furbearing animals, or poultry. The secondary meaning of agriculture includes any practices performed by a farmer or on a farm as an incident to or in conjunction with the farming operations of that farm, including preparation for market, delivery to storage or to market or to carriers for transportation to market.
The current chapter DWD 274 includes items in the federal primary meaning of agriculture and some, but not all, of the items in the secondary meaning. Some activities considered secondary agriculture under the federal meaning are in the current s.
DWD 274.04 (9) as piecemeal exemptions to the overtime requirement. The department believes that it is fairer and more logical to adopt a broader general definition of agriculture rather than exempt certain activities on a piecemeal basis and not others.
Under the current rule, some agricultural activities are not subject to the chapter and some are just exempt from the overtime pay requirement. Under the proposed rule, the new broader definition of agriculture will be an exemption to the overtime pay requirement. Agricultural employers will be required to keep permanent records showing the name, address, hours of employment, and wages of each employee and to pay employees for on-duty meal periods.
The farming definition used in the current rule at s.
102.06(3), Stats., includes the exchange of labor, services, or the exchange of use of equipment with other farmers in pursuing listed activities and the operation for not to exceed 30 days during any calendar year of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor. Under the proposed rule, activities within the primary meaning of agriculture are farming regardless of where they are performed and without any time limits. Activities within the secondary meaning of agriculture must relate to the farming operations of that particular farm to be exempt so exchange of labor or services of these activities would not qualify.
The rule also clarifies the applicability of the chapter to nonprofit mercantile organizations, such as a nonprofit organization with employees performing home health care. The department has historically interpreted its authority under s.
103.02, Stats., as applying to “places of employment" as defined in s.
103.01 (3), Stats. Under this interpretation, nonprofit mercantile organizations are not subject to ch.
DWD 274. The department currently believes that its authority under s.
103.02, Stats., applies to both “places of employment" and “any employment" as defined in s.
103.01 (2) and
(3), Stats.
The proposed rule adds nonprofit mercantile organizations as an explicit exemption to the overtime pay requirement rather than a subtle interpretation of the applicability of the chapter provision. The only effect of the change will be that nonprofit mercantile organizations will be required to keep permanent records showing the name, address, hours of employment, and wages of each employee and to pay employees for on-duty meal periods.
The proposed rule also deletes an obsolete reference in the definition of regular and overtime.
Initial Regulatory Flexibility Analysis
The proposed rule changes affect small businesses engaged in agriculture.
Fiscal Estimate
The proposed rule changes do not have a fiscal effect on state or local government.
Contact Information
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
elaine.pridgen@dwd.state.wi.us
Written Comments
Written comments on the proposed rules received at the above address no later than July 21, 2003, will be given the same consideration as testimony presented at the hearing.
