Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Chir 4.03; and to create s. Chir 4.02 (3), relating to paraphysiological space and the practice of chiropractic.

Hearing Date, Time and Location

Date:   December 13, 2001

Time:   9:45 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

This hearing was originally scheduled for November 15, 2001.

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 December 27, 2001 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statute interpreted: s. 446.01 (2), Stats.

In a recent opinion of the Attorney General regarding the practice of chiropractic, the definitions of chiropractic that appear in s. 446.01 (2), Stats., and ss. Chir 4.02 and 4.03, contain general language which does not provide specific guidance to chiropractors and to practitioners of other professions. In this proposed rule-making order the board creates additional, more specific language.

Text of Rule

SECTION 1. Chir 4.02 (3) is created to read:

Chir 4.02 (3) “Paraphysiological space" means the range of motion of a skeletal articulation that exceeds voluntary movement but does not exceed anatomical integrity.

SECTION 2. Chir 4.03 is amended to read:

Chir 4.03 Practice. The practice of chiropractic is the application of chiropractic science in the adjustment of the spinal column, skeletal articulations and adjacent tissue which includes diagnosis and analysis to determine the existence of spinal subluxations and associated nerve energy expression and the use of procedures and instruments preparatory and complementary to treatment of the spinal column, skeletal articulations and adjacent tissue. Diagnosis and analysis may include physical examination, specimen analysis, drawing of blood, blood-analysis and the use of x-ray and other instruments. Any procedure that causes a joint structure of the spine or pelvis to enter the paraphysiological space is a practice of chiropractic.

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 [phone]

Notice of Hearing

Commerce

(Manufactured Homes, etc., Chs. Comm 95 - 98)
[CR 01-126]

NOTICE IS HEREBY GIVEN that pursuant to s. 101.935 (2) (c) 2., Stats., as amended by 2001 Wis. Act 16, the Department of Commerce will hold a public hearing on proposed rules relating to mobile home park permit fees.

The public hearing will be held as follows:

Tuesday, November 27, 2001

10:00 a.m.   Room 3B, Thompson Commerce Center

  201 W. Washington Avenue

  Madison

Analysis of Proposed Rules

Statutory Authority: s. 101.935 (2) (c) 2., Stats., as amended by 2001 Wis. Act 16

Statutes Interpreted: s. 101.935 (2) (c) 2., Stats., as amended by 2001 Wis. Act 16

Effective September 1, 2001, 2001 Wisconsin Act 16 transferred the authority of administrating the manufactured home park water or sewer service program, Wisconsin Administrative Code chapter PSC 186, from the Public Service Commission (PSC) to the Department of Commerce. The act also gives the Department the authority, beginning in fiscal year 2002-03, to increase the current chapter Comm 95 administration fees to cover the cost of administering chapter PSC 186. The proposed rules consist of an increase in the fees assessed on manufactured home park owners/operators for the costs of administering the manufactured home park regulations in chapters Comm 95 and PSC 186. A rule is also added to clarify the amount that agents must reimburse the Department for the costs of administering the water and sewer service program.

Fiscal Estimate

The total annual cost of administering the manufactured home water and sewer service program, including salaries, fringes and supplies, is $61,400. During fiscal year 2001-02, and in previous fiscal years, fees were assesed by the PSC on an annual basis. The amount assessed was the result of dividing the cost of the program by the total number of manufactured homes sited in Wisconsin and coming up with a per-home cost. The mobile home park owner/operators would then be assessed an amount determined by multiplying the amount of homes owned/opertated by the per-home cost. For example, based on an estimated total number of homes in Wisconsin at 50,533 the resultant annual cost to administer the program, per home, would be $1.22. If a park owner had 50 homes, the annual fee assessed would be 50 times $1.22 or $61.00.

The park permit fee is currently based on a numerical "range" of sites and a 2-year cycle. The annual fees to administer the water and sewer program must be converted to reflect the same range and duration as park permit fees. The permit fee to obtain or renew a 2-year permit, as set forth in section Comm 95.05, is currently: for a mobile home park with 1 to 25 sites, $200; 26 to 50 sites, $250; 51 to 100 sites, $300; and more than 100 sites, $350. To cover the cost of administering the manufactured home park water and sewer service program these permit fees, based upon the number of parks in the different numerical ranges, must be increased by 50%. With this increase the new permit fees will be: for a mobile home park with 1 to 25 sites, $300; 26 to 50 sites, $375; 51 to 100 sites, $450; and more than 100 sites, $525.

Commerce currently has designated agents that issue permits and make inspections of the mobile home parks. Of the 1102 parks permitted in the state, 279 are permitted by agents. To maintain continuity, Commerce will administer the water and sewer service program in all parks, whether permitted by the state or its agents. To alleviate any confusion, the agents will charge the same permit fee as Commerce, including the fee to adminster the water and sewer service program, and will then reimburse Commerce that portion of the fee collected to cover the cost of administering the water and sewer service program

Initial Regulatory Flexibility Analysis

The proposed rules will affect any businesses that own or operate a manufactured home park. There are no reporting, bookkeeping or other procedures required for compliance with the proposed rules. There are no types of professional skills necessary for compliance with the proposed rules.

Appearances at the Hearing

Interested persons are invited to appear at the hearing 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 December 7, 2001, 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 Ronald Acker, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape 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. 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 [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Notice of Hearing

Financial Institutions - Corporate and Consumer Services
[CR 01-122]

Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing at the time and place indicated below to consider repealing and creating rules regarding implementation of the Wisconsin Uniform Commercial Code and operation of a lien filing system. This hearing covers the emergency rules in effect since October 24, 2001 and proposed permanent rules regarding the same.

Date & Time   Location

December 3, 2001   Tommy G. Thompson Conf. Room

Monday     5th Floor

9:00 a.m.     Department of Financial Institutions

    345 West Washington Avenue

    Madison, WI 53703

This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Ray Allen at [phone] or TTY [phone] for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.

Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Ray Allen, Administrator, Department of Financial Institutions, Division of Corporate and Consumer Services, 3rd Floor, P.O. Box 7846, Madison, WI 53707-7846.

Analysis Prepared by Department of Financial Institutions, Division of Corporate and Consumer Services

To repeal ch. SS 3 and to create chs. DFI-CCS 1, 2, 3, 4, 5, 6 and 7; and to repeal emergency rules published and effective July 2, 2001. Statutory authority: 1995 Act 27 s. 9150 (2bt)(f), and ss. 227.24 (1), 227.11 (2) and 409.526, Stats. Summary: 2001 Act 10 repealed and recreated the Wisconsin Uniform Commercial Code (“UCC"), effective July 1, 2001. The act authorizes the Department of Financial Institutions to promulgate rules to implement the UCC. Without these rules, the department will be unable to give effect to the provisions of the UCC. The act is part of an effort by the National Conference of Commissioners on Uniform State Laws and all member states to implement a revised model Uniform Commercial Code on July 1, 2001 to facilitate interstate commerce with nation-wide uniformity in lien filings. The rules address general provisions, acceptance and refusal of documents, the information management system, filing and data entry procedures, search requests and reports, other notices of liens under the UCC, and realty-related filings.

Statutory Authority

1995 Act 27 s. 9150 (2bt)(f), and ss. 227.24 (1), 227.11 (2) and 409.526, Stats.

Fiscal Estimate

A summary of the fiscal effects of the proposed rules is as follows. For state fiscal effect: increase existing appropriation and increase costs. For local fiscal effect: increase costs for counties. Fund sources affected: program revenue; affected Ch. 20 appropriations .20.144 (1) (g).

Initial Regulatory Flexibility Analysis:

The rule may have an impact on small businesses. Types of small businesses that will be affected by the rule: any small business which issues a lien or related document under the Wisconsin Uniform Commercial Code. Description of the proposed reporting, bookkeeping and other procedures required for compliance: revised forms and centralized filing location. Types of professional skills necessary for compliance: no new skills.

Contact Person

A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:

Ray Allen, Administrator

Department of Financial Institutions

Division of Corporate and Consumer Services

3rd Floor, P.O. Box 7846

Madison, WI 53707-7846

tel. [phone]

A copy of the full text of the proposed rules may also be obtained at the department's website, www.wdfi.org.

Notice of Proposed Rule

Transportation
[CR 01-121]

NOTICE IS HEREBY GIVEN that pursuant to the authority of s. 110.20 (9) (d), Stats., as amended by 2001 Wis. Act 16, and 227.11, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch. Trans 131 without public hearing unless, within 30 days after publication of this notice, on November 15, 2001, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Questions about this rule and any petition for public hearing may be addressed to Jerry Medinger, Department of Transportation, Bureau of Vehicles Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909, telephone [phone].

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: s. 110.20 (9) (d), Stats., as amended by 2001 Wis. Act 16

STATUTE INTERPRETED: s. 110.20 (6) (a) 1., Stats.

Ch. Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend s. Trans 131.03 (2) (a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year. Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period of time prior to registration renewal in which a vehicle may be tested, and are simply changed to correspond to the 180-day period from 90-days.

Text of Proposed Rule

Under the authority vested in the state of Wisconsin, department of transportation, by s. 110.20 (9) (d), Stats., as amended by 2001 Wis. Act 16, the department of transportation hereby proposes to amend a rule interpreting s. 110.20 (6) (a) 1., Stats., relating to vehicle emission inspections.