Notice is hereby given that, pursuant to ss.
51.61 (9) and
227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing on both the Department's emergency rulemaking order and proposed permanent order amending s.
HFS 94.20 (3), relating to the rights of patients to make telephone calls.
Hearing Date, Time and Location
Date: September 12, 2001
Time: 10:30 a.m.
Location:
Conference Room B-145
State Office Building
1 West Wilson Street
Madison, Wisconsin
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp 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 Department operates secure mental health facilities for the evaluation, treatment and detention of ch.
980, Stats., sexually violent patients. Departmental investigations have indicated that a portion of the ch.
980 inpatient population has routinely abused their s.
HFS 94.20 telephone rights by making inappropriate calls to the members of the public, by fraudulently placing numerous long distance calls that are billed to innocent third-parties or by operating fraudulent schemes. Since the Department has previously had no means of monitoring patient telephone use, the extent of this activity is unknown, but given the experience of investigations triggered by citizen complaints, it is clear that these sorts of activities are not infrequent among this population. In addition, experience with telephone monitoring in other secure institutions indicates that call monitoring can and does help staff detect contraband and other security-related issues and activities. These abuses are clearly contrary to the therapeutic activities conducted at the secure mental health facilities.
Until recently, the Department has been unable to stop these abuses because the Department's facilities lacked secure telephone systems. Previous DHFS efforts to obtain secure telephone systems from the telephone system's vendor used by the Department of Corrections were not successful because the call volume at DHFS's secure mental health facilities were viewed as insufficient to support the telephone system.
In late 2000, the Department of Corrections selected a new vendor for its secure telephone system. In May 2001, the new vendor agreed to also install the system in DHFS's secure mental health facilities. On June 22, 2001, the Department issued these proposed permanent rules as emergency rules that became effective as of that date. The telephone systems allow the Department to establish and enforce calling lists for each inpatient and monitor inpatients' calls for counter-therapeutic activity. An inpatient's calling list is a finite number of telephone numbers associated with persons the inpatient is approved to contact by telephone. Use of calling lists alone, however, is insufficient to discourage and minimize inpatient attempts to subvert the system. The Department must monitor phone calls made by ch.
980 inpatients to discourage and minimize the occurrence of inpatients calling persons on their calling list who, in turn, subvert the secure system by forwarding the inpatient's call for the prohibited purposes and activities previously described. The Department must be able to monitor the phone calls of ch.
980 inpatients both to protect the public and promote therapeutic activities at the secure mental health facilities.
The Department is proposing these rules to protect the public's safety by minimizing the recurring fraudulent activity associated with telephone use. Pursuant to an earlier emergency rule promulgated by the Department, the Sand Ridge Secure Treatment Center and the Wisconsin Resource Center have been operating with the secure telephone system since late June and early July, 2001.
Contact Person
To find out more about the hearing or request a copy of the proposed rule, please write or phone:
James Yeadon
Division of Care and Treatment Facilities
P. O. Box 7851, Room 850
Madison, WI 53707-7851
608-266-5525 or,
if you are hearing impaired,
608-266-1511 (TTY)
To comment on or discuss the content of the proposed rule, please e-mail or phone:
Steve Watters, Director
Sand Ridge Secure Treatment Center
1111North Rd.
P.O. Box 700
Mauston, WI 53948
608-847-1720 or,
if you are hearing impaired,
608-266-2511 (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 rule received at the above address no later than September 24, 2001, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rule applies to facility created under s.
980.065, Stats. The two state facilities created under that law are the Wisconsin Resource Center in Oshkosh and the Sand Ridge Secure Treatment Center in Mauston. The secure telephone system that has been implemented at the two facilities does not create any additional costs for State or Local governments. The immediate cost of installing and operating the system is paid by the vendor that provides the secure telephone system to the State. Ultimately, the costs associated with this telephone system will be borne by the patients who use the system, or by individuals who accept collect calls from these patients, through user fees collected by the vendor.
It is anticipated that the implementation of this system will reduce the number of incidents of telephone fraud and inappropriate telephone calls to the general public that originate from Chapter
980 patients.
A copy of the full fiscal estimate may be obtained from James Yeadon who may be contacted via the contact information provided in this notice.
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 Hearings
Department of Natural Resources
Environmental Protection - Water Regulation Chs.
NR 300 -
NOTICE IS HEREBY GIVEN that pursuant to ss.
31.02 (4) (c),
(4r) and
(4g), Stats., interpreting s.
31.02 (4r) and
(4g), Stats., the Department of Natural Resources will hold public hearings on the creation of ch.
NR 331, Wis. Adm. Code, relating to fish passages around barriers on Wisconsin's rivers and streams. The proposed rule will specifically address the public rights issues on navigable waters with fish passages and describe the cost-share program. Additionally, there is information on the factors to consider and the decision process on when the Department will order fish passages.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Date, Time and Location
Date: September 14, 2001
Time: 10:00 a.m.
Location:
Room 027
GEF #2
101 South Webster Street
Madison, Wisconsin
Date: September 18, 2001
Time: 10:00 a.m.
Location:
Auditorium
Bay Beach Wildlife Sanctuary
1660 East Shore Drive
Green Bay, Wisconsin
Date: September 20, 2001
Time: 10:00 a.m.
Location:
Room 185
DNR West Central Region Headquarters
1300 W. Clairmont Avenue
Eau Claire, Wisconsin
Date: September 25, 2001
Time: 10:00 a.m.
Location:
Auditorium
Park Falls Library
410 Division Street
Park Falls, Wisconsin
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 Karl Scheidegger at (608) 267-9426 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Mr. Karl Scheidegger, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than September 30, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH 29-01] and fiscal estimate may be obtained from Mr. Scheidegger.
Fiscal Impact
None. These rules are promulgated pursuant to Wis. Stats. s.
31.02 (4r), which was created in
1999 Wis. Act 9, the biennial budget bill. The Department anticipates no fiscal impacts associated with these rules beyond any considered by the Legislature in the debate over
1999 Wis. Act 9.
Notice of Hearings
Department of Natural Resources
Environmental Protection - Air Pollution Control Chs.
NR 400-
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
285.11 (9), Stats., interpreting s.
285.11 (9), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
405,
406,
408,
439,
445 and
446 and the creation of subch.
II of ch. NR 446, Wis. Adm. Code, relating to the control of the atmospheric deposition of mercury. The proposed rule contains a phased mercury reduction schedule for four major electric utilities covering a 15-year period. Five years after promulgation, a 30% reduction in baseline mercury emissions must be achieved by each major utility. A 50% reduction in baseline emissions is required after 10 years, and a final reduction of 90% is to be achieved after 15 years.
In addition to the emission reductions by large electric utilities, the proposed rules include an emissions ceiling on mercury or more. The rule requires that a mercury emission cap be established for such sources. These sources include industrial boilers, waste incinerators and chlor-alkali plants. After the effective date of the rule, stationary sources that subsequently have mercury emissions of 10 pounds or more would become subject to an emission ceiling and need to determine baseline emissions.
Major utilities and stationary sources of mercury will need to establish baseline emissions. Baseline emissions are the average annual mercury emissions over a three year period, 1998 through 2000. An alternative baseline can be requested if this period of time is determined not to be representative. Adjustments will be required for any period of noncompliance that affects mercury emissions during the three-year period used to determine baseline emissions.
In addition, four years after promulgation, the proposed rules require that increases in mercury emissions of 10 pounds or more from new or modified sources be offset by mercury emission reductions at a ratio of 1.5 + 1.0. The proposed rules also require DNR staff to prepare periodic reports evaluating the proposed rules.
The Department is also soliciting comments on alternatives to proposed rule provisions pertaining to the amount and timetable for mercury emission reductions, the emission offset requirement for new or modified sources, and the timing and issues to be addressed to DNR's evaluations of the rule.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
1.11, Stats., and ch.
NR 150, Wis. Adm. Code, the Department has prepared an Environmental Assessment for this action. The Department has made a preliminary determination that the proposal will not cause significant adverse environmental effects and that an Environmental Impact Statement will not be required.
Hearing Date, Time and Location
Date: September 26, 2001
