Hearing Information
Date: Wednesday, October 13, 2010
Time: 1:00 p.m. – 2:00 p.m.
Location: MADISON
Witmer Hall
2400 Wright St.
Madison, WI 53704
The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Randi Milsap at (608) 242-3072.
Copies of Proposed Rule
Copies of the proposed rule will be provided at the public hearing. Copies may also be obtained at no charge by emailing a request to Randi Milsap at
randi.milsap@wisconsin.gov
Submittal of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Randi Milsap, Department of Military Affairs, 2400 Wright St., P. O. Box 14587, Madison, WI 53708-0587. You may also contact Randi Milsap by phone at (608) 242-3072 or email
randi.milsap@wisconsin.gov.
Analysis Prepared by Department of Military Affairs
Statute interpreted
Statutory authority
Explanation of agency authority
The Department of Military Affairs is charged with promulgating rules to administer Military Family Financial Aid under Wis. Stat. 321.45 (2).
Related statute or rule
Plain language analysis
The proposed rule, DMA 1, is being promulgated under the statutory authority of Wis. Stat. s.
321.45 (2) and is designed to provide the process for application and distribution of funds from the military family relief fund for the payment of financial aid to military families as provided under Wis. Stat. s.
20.465 (2) (r).
This rule establishes the eligibility criteria, the amount of financial aid and the application process for military family financial aid. The purpose of the military family financial aid is to provide financial support to service members and their immediate families dealing with emergency situations. The rule requires applicants be a member of the immediate family of a service member, that the service member and the applicant are residents of the state, and that the service member is serving on active duty in the U.S. armed forces.
The application is available free of charge and the fund administrator will make a decision to approve or deny an application within 14 days of the receipt of a completed application. An applicant has 30 days to appeal any final determination by the fund administrator in writing and an addition 30 days to appeal the administrator's decision to the adjutant general.
A governing board comprised of military officials and the fund's executive director will provide oversight of the family aid process, and application records will be archived for 5 years.
Comparison with federal regulations
Each military branch has its own emergency relief organizations. This rule most closely resembles Army Regulation 930-4, which sets out rules for the administration of Army Emergency Relief (AER) assistance.
Active Duty service members, their dependents, some retired service members, and surviving spouses and orphans of service members who died on active duty are eligible to receive aid through AER. Military Family Financial Aid funds are available only to service members on active duty and their immediate family members. Both Army Emergency Relief and Military Family Financial Aid are funded through donations. Military Family Financial Aid will be administered by a Fund Administration committee as the Wisconsin Department of Military Affairs. Army Emergency Relief provides loans and grants to service members, whereas Military Family Financial Aid provides only grants. That aside, the substantive provisions of the Military Family Financial Aid Rule were based in large part on Army Emergency Relief.
Comparison with rules in adjacent states
Illinois:
The Illinois Military Family Relief Fund (IMFRF) is authorized by Title 95 Chapter
2 Part 200 of the Illinois Administrative Code and is funded by a voluntary check off on Illinois individual income tax forms.
The IMFRF provides grants to families of Illinois National Guard members and Illinois residents serving in the U.S. Armed Forces Reserve who are called to active duty as a result of the September 11, 2001 terrorist attacks. IMFRF grants are available to help service members and their families defray the costs of food, housing, utilities, medical services, and other expenses that become difficult to afford when a wage-earner.
The IMFRF provides three tiers of grants. All status and need based grants are awarded on a first-come, first-served basis. A status based grant of $500 is available for National Guard and Reserve soldiers on active duty for a minimum of 60 days with a pay grade below a moderate amount. Members may reapply for the $500 status based grant for every 6 months of consecutive duty.
A need based grant of $2,000 is available for National Guard and Reserve soldiers on active duty for a minimum of 60 days with a pay grade below a moderate amount and the service member's military salary must be at least 30% less than his or her civilian salary. Members may reapply for the $2,000 need based grant for every 6 months of consecutive duty. A casualty based grant of $5,000 is available for Active Duty, National Guard and Reserve soldiers who suffer a service-connected injury.
Iowa:
The State of Iowa has established a Veterans Trust Fund to provide certain services to veterans under Iowa Administrative Code 801 Chapter
14. As of 2009 the trust fund is funded by a Joint Veterans Trust Fund and volunteer fire fighter preparedness fund income tax check off. Trust fund expenditures are approved through the Iowa Veterans Commission.
Funds are used for unemployment or underemployment assistance due to service-related causes, assistance with vision, hearing, dental care, durable medical equipment, and prescription drugs; counseling and substance abuse services; housing repair; and transitional housing in an emergency.
Disbursements are limited to members with income less than 200% of federal poverty level and less than $15,000 in liquid assets. Interest funds are received monthly and approved applicants are placed on a waiting list based on the date received and approved.
Michigan:
The Michigan Military Family Relief Fund is authorized by MI ST 35.1211-35.1216 2004 and is funded by a voluntary check off on Michigan individual income tax forms.
The fund is available to any member of a reserve component of the United States armed forces based in Michigan or who is a resident of Michigan serving in a reserve component of the United States armed forces based in another state and is called to active duty by the president of the United States or the United States secretary of defense as a result of national response to September 11, 2001 or as a response to a national emergency declared by the president of the United States and for which funds are being spent by the federal government.
The fund provides financial assistance for clothing, food, housing, utilities, medical services or prescriptions, insurance payments, vehicle payments, or other related necessities of daily living. The fund covers needs that occurred during the time the individual was on active duty or needs that occurred because the individual has incurred a line of duty injury or illness. Michigan limits the fund to $2,000 in one calendar year for each individual.
Minnesota:
Minnesota does not have a government administrated military family relief fund.
Summary of factual data and analytical methodologies
None.
Analysis and supporting documents used to determine effect on small business
Not necessary.
Small Business Impact
None.
Agency Contact Person
Randi Milsap
Department of Military Affairs
2400 Wright Street
Madison, WI 53708
Telephone: (608) 242-3072
Notice of Hearing
Natural Resources
Fish, Game, Forestry, etc., Chs.
NR 1—
DNR # ER-35-10 and ER-37-10(E)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2),
29.604,
227.11 (2) and
227.24, Stats., the Department of Natural Resources will hold public hearings on proposed emergency and permanent rules to list four cave bat species as threatened in s.
NR 27.03 (3), Wis. Adm. Code. The hearings will be held concurrently with hearings to list the fungus,
Geomyces destructans, as a prohibited invasive species in s.
NR 40.04 (2), Wis. Adm. Code.
Hearing Information
The hearings will begin at 11:00 am at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
October 25, 2010 Conference Room 1
DNR Oshkosh Service Center
625 E. County Rd. Y
Oshkosh
October 26, 2010 Glaciers Edge & Gathering Waters Rms.
DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
October 28, 2010 Room 185
DNR West Central Region Hdqrs.
1300 W. Clairemont
Eau Claire
October 29, 2010 Conference Room 1
DNR Northern Region Headquarters
107 Sutliff Avenue
Rhinelander
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 Stacy Rowe at (608) 266-7012 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rules and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Stacy Rowe, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or by email to
stacy.rowe@wisconsin.gov. Comments may be submitted until
November 1, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Rowe.
Analysis Prepared by Department of Natural Resources
Statutory authority
Plain language analysis
The proposed changes to Ch.
NR 27, Wis. Admin. Code, will add the four cave bat species in Wisconsin to the Wisconsin threatened species list. The four species include the little brown bat (
Myotis lucifugus), big brown bat (
Eptesicus fuscus), northern long-eared bat (
Myotis septentrionalis), and eastern pipistrelle (
Perimyotis subflavus).
Related statute or rules
Section
29.604 (3), Wis. Stats., requires the Department to establish an endangered and threatened species list. Chapter
NR 27, Wis. Admin. Code, provides the list of endangered and threatened species.
Comparison with federal regulations
Although several species of cave bats are listed federally by the United States Fish and Wildlife Service (USFWS), we are not aware of any listings that have occurred specifically due to white-nose syndrome. However, USFWS has received a petition to list two cave bat species due to white-nose syndrome and is in the process of reviewing the petition.
Comparison with rules in adjacent states
Vermont, New York and Massachusetts are in the process of listing several cave bat species due to white-nose syndrome.
The Minnesota Department of Natural Resources has recently proposed the little brown bat (Myotis lucifugus) and big brown bat (Eptesicus fuscus) as species of special concern because of the eminent threat of white-nose syndrome in the state. The other two species of cave bats in Minnesota, northern long-eared bat (Myotis septentrionalis) and eastern pipistrelle (Perimyotis subflavus) are already listed as species of special concern in Minnesota.
Summary of factual data and analytical methodologies
The proposed emergency rule is related to the addition of Wisconsin's four cave bat species to the state's threatened species list. The four species include the little brown bat (Myotis lucifugus), big brown bat (Eptesicus fuscus), northern long-eared bat (Myotis septentrionalis), and eastern pipistrelle (Perimyotis subflavus).
The proposed rule change seeks to provide protection to Wisconsin cave bat species, which face the imminent threat of white-nose syndrome. White-nose syndrome has spread across 14 states and 2 Canadian provinces in the last 3 years, spreading up to 800 miles per year. Mortality rates of affected bat colonies reach 100%. The disease was located last spring within 225 miles of Wisconsin's southern boarder and 300 miles from the northern boarder. Because the known dispersal distance of the little brown bat is 280 miles, an affected cave is now located within the dispersal range of Wisconsin little brown bats. Based on the current location and known rate of spread of the disease, we anticipate the presence of white-nose syndrome in Wisconsin as early as January 2011.
Wisconsin has one of the highest concentrations of cave bat hibernacula in the Midwest and large numbers of cave bats from neighboring states hibernate in Wisconsin. Consequently, Wisconsin's cave bat population, and those of surrounding states, is threatened by this devastating disease. All Wisconsin bat species are among the species fatally affected by the white-nose syndrome.
Cave bats were assessed for changes in population condition, using the following triggers established by the Bureau of Endangered Resources:
1.
Significant change in the Natural Heritage Inventory State Rank since 1997.
2. Significant change in the Natural Heritage Inventory Global Rank since 1997.
