Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.63 (1) and
(2),
101.73 (1) and
145.02 (2), Stats., the Department of Commerce will hold public hearings on revision to chs.
Comm 2,
34,
81 to
87, and
90 relating to Wisconsin Uniform Plumbing Code; Fees; Amusement Rides; and Design and Construction of Public Swimming Pools.
Hearing Date, Time and Location
Wednesday, February 13, 2002 @ 9:30 a.m.
Tommy G Thompson Commerce Ctr.
201 W. Washington Ave., Conf. Rm. 3C
Madison, WI
Analysis of Proposed Rules
Under s.
145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. One mechanism of the Department to fulfill this responsibility has been the promulgation of the state uniform plumbing code, chs.
Comm 81 to
84.
This rule revision relates to various changes to chs.
Comm 2,
34,
81,
82,
84 and
90 relating to the Wisconsin Uniform Plumbing Code; Fees; Amusement Rides; and Design and Construction of Public Swimming Pools.
A proposed revision to ch.
Comm 2, Table 2.64-1 is to include the fees for submittals involving use of alternate standards, designs for nonpotable water treatment systems and stormwater infiltration systems. Revisions to s.
Comm 2.68 relate to fees for construction inspections for public pools by the department or its agents. A new section, s.
Comm 2.645, is proposed to establish a fee for the registration of cross connection control devices or assemblies no longer required to be submitted for plan review.
Proposed revisions to ch.
Comm 34, amusement rides, encompass deleting the section on waterslides, s.
Comm 34.50, and modifying that language into s.
Comm 90.20 (4).
Revisions to ch.
Comm 81 include a number of definitions relating to health-care plumbing and cross connection control, as well as alternate plumbing systems. The definitions relating to mobile homes and mobile home parks have been revised to reflect current state Statutes. Also included are the adoption of national standards specifically recognizing the use of plastic materials and adoption of the most current copies of standards previously adopted by Commerce. Section Comm 81.20 is repealed and recreated to reflect current practice with regard to primary and alternate standards.
Chapter
Comm 82, the design, construction, installation, supervision and inspection of plumbing, is proposed for a number of additions or revisions. The scope of this chapter is being revised to acknowledge that plumbing systems shall be maintained. Throughout ch.
Comm 82, notes are proposed concerning plumbing setbacks to wells are as specified by the department of natural resources. Various minor revisions to ch.
Comm 82 will correct current errors and recognize current plumbing practices.
• Section
Comm 82.10, basic plumbing principles are proposed to be updated to reflect changing philosophies within the plumbing industry, including:
•Allowing recycling of wastewater in addition to the traditional holding, treatment and dispersal.
•Changing the reference to the “efficient" transport of wastewater that is proposed to replace the language to “quickly" transport wastewater. Many systems require lower velocities to reduce turbulence and also to promote sedimentation of solids.
•Adding to the basic plumbing principles the statutory mandate to protect the waters of the state.
•Changes to s.
Comm 82.20 are proposed to eliminate plan review for cross connection control devices and assemblies, except for those installed in hospitals or health-care and related facilities [Table 82.20-1] and to establish the process for registration of these devices and assemblies [s.
Comm 82.20 (13)].
•Section
Comm 82.30 (11), insulation for building sewers, is being clarified and expanded to allow forming a box of polystyrene foam around the piping reflecting current practice.
•Section
Comm 82.30 includes other revisions reflecting table format and standardizing terminology. In Table 82.30-1, the drainage fixture unit values (dfu) are expanded and revised to include additional fixtures. In addition, dfu values for health-care facilities are proposed to be incorporated in the table. Presently the number of water closets impact the load permitted on 3" diameter drain pipe; the proposed revision will eliminate this restriction. Sump and pump requirements are proposed to be revised to codify alternate approvals for homogenous units and expand requirements for exterior sumps. Another revision will require alarms to indicate failure of duplex units.
•Section
Comm 82.20 (4) is being revised to eliminate the need for receipt of the water quality management (WQM) letter prior to plumbing plan approval. (Frequently project construction is started prior to receipt of this letter. In most cases the property has passed zoning approval and other building permitting requirements prior to the plumbing plan submittal.)
•Section
Comm 82.31 includes amendments for clarifying various venting methods based on location of fixtures and dfu values of the fixture.
•Section
Comm 82.32 includes a section to define requirements for campgrounds and exterior sanitary traps.
•Section
Comm 82.33 is the subject of clarification for indirect waste piping as well as proper installation for residential dishwashers. Approved materials for these installations are included in ch.
Comm 84. Revisions for receptors of indirect wastes will allow more options for acceptable receptors for wastewater from water treatment devices, furnaces, sterilizers and air conditioners. Requirements for the connection of dishwashing and clothes washing machines will be more consistent with national standards.
•Section
Comm 82.34, revisions to the requirements for the installation of garage catch basins and interceptors are proposed; these revisions will clarify current policy statements and interpretations.
•Sections
Comm 82.35 and
82.36 are being proposed for changes relating to the discharge and dispersal to drain systems.
•Section
Comm 82.37, requirements for campground plumbing installations are included in the proposal. Currently no requirements are codified. This section would now include a separate section on water supply and drain systems for campgrounds.
•Section
Comm 82.38 and Table 82.38-1 are being created to list the allowable discharge points for drinking fountains, iron filters, water softeners and floor drains.
•Section
Comm 82.40 contains allowances for the use of water in a plumbing system that do not comply with drinking water standards as specified in s.
Comm 82.70. Other additions proposed for this section are specific to piping serving water treatment devices. Table 82.40-2 includes the revisions to the water supply fixture units for health-care fixtures. Tables 82.40-10 and 82.40-11 are created to reflect loading for various pipe materials.
•Section Comm 82.50, health care and related facilities, is repealed and recreated in its entirety to reflect contemporary health-care practices and facilities, such as hospitals, clinics, and operatories, community-based residential facilities and other inpatient and nursing facilities. The section provides language for safeguarding the water supply as well as reducing scalding for the end user. Table 82.50-1 is being created to specify spouts and actions of various fixtures when used in health care facilities.
•Section
Comm 82.51 regarding water supply, and drain and vent systems for mobile home parks is revised in total for better organization and clarification.
•Section
Comm 82.60, Table 82.60 is revised to include new materials and the pipe supports.
•Section Comm 82.70 is being created to specify treatment standards for plumbing systems based on specific uses. These standards apply to wastewater treatment devices and drinking water treatment devices.
Chapter
Comm 84, plumbing products, is proposed to be revised in part. Tables 84.30-8 and 84.30-9 include footnotes to clarify under what water conditions copper tubing shall not be installed. A new Table 84.30-11 has been created for the listing of piping standards for fixture supply connectors and indirect waste piping/tubing when used with point-of-use water treatment devices. Terminology has been updated in these tables to reflect use of the materials for POWTS.
Proposed changes to ch.
Comm 90, design and construction of public swimming pools, relate to modifying terms for slides and water attractions [s.
Comm 90.03] as well as creating or modifying sections which outline the process for construction inspection of public pools and water attractions. Minor changes throughout modify the term water recreation attraction to be consistent with state Statutes as water attractions.
The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council. This Council consists of the following individuals: Thomas Boehnen, American Society of Plumbing; Rudy Petrowitsch, American Society of Sanitary Engineers; Gary Hamilton/Jack Ellinger, State AFL-CIO; Gary Kowalke, plumbing contractors; Mark Krowski, City of Milwaukee; Jeff Kuhn, Plumbing and Mechanical Contractors of SE Wisconsin; Clint McCullough, Madison Contractors Association; Bob Netzler, League of Wisconsin Municipalities; Joe Zoulek, Wisconsin Association of Plumbing, Heating, Cooling Contractors, Inc.; Dave Viola, Plumbing Manufacturers Institute; Dale Schlieve, WI Society of Professional Designers of Engineering Systems, Inc.; and Gene Shumann, plumbing designers.
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 February 27, 2002, 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.
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 February 27, 2002, 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:
Jean M. MacCubbin, Department of Commerce
Administrative Services Division
P.O. Box 2689
Madison, WI 53701-2689
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 audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Division of Administrative Services
Department of Commerce
P.O. Box 2689
Madison, Wisconsin 53701-2689
Telephone (608) 266-0955
or TTY (608) 264-8777
Written comments will be accepted until February 27, 2002.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Portions of this rule revision incorporate changes to plumbing designs and installations for various facilities or buildings, such as mobile home parks, campgrounds, health-care facilities, including CBRFs and nursing homes, and water treatment devices.
• The small CBRFs will have more options than are currently available to supply safe water to their patients.
•There will be time-savings for the property owner as the person installing may submit for review of the plans for private water mains.
•The proposed rules for the installation of water treatment devices will allow for the industry standard materials to be installed and may save money for the installer and customer.
•The rules for water treatment and the options for water reuse may open new markets for small businesses.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The requirement for the submission of plans for water treatment systems designed to treat nonpotable water for additional use may increase plan submittals in the future.
3. Types of professional skills necessary for compliance with the rules.
All of the proposed rules require that professionals (master plumbers, journeymen, etc.) install the systems except for the installation of plumbing in a single family home, owned and occupied by the person installing the plumbing.
Fiscal Estimate
The department regulates pool construction. Pool construction plans must be submitted to Commerce for review and approval. Onsite inspections will be performed by Commerce to insure that the pools are constructed in accordance with the approved plans. Fees will be paid in accordance with s.
2.68 Table 2.68-1 at the time the plans are submitted for review which offset the cost to administer and enforce the code. The program will be administered with existing staff. The agency will absorb the cost within current resources. This proposal also revises the fee schedule to offset the rising inflation costs to administer the program
Based on an expected annual submittal rate of 150 pools, the estimated annual revenue from the proposed fee schedule is $45,000.
Copies of Rule and Contact Person
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. 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.
Notice of Hearing
Financial Institutions-Savings Institutions
[
CR 02-006]
Pursuant to s.
227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Savings Institutions will hold a public hearing at the time and place indicated below to consider creating rules relating to acquiring and holding stock in bank-owned banks.
Date, Time and Place of Hearing
February 11, 2002 T.G. Thompson Conference 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 Lisa Bauer at (608) 264-7877 or TTY (608) 266-8818 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 Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876.
Analysis Prepared by Department of Financial Institutions, Division of Banking
To create ss.
DFI-SB 16.03 (8) and
DFI-SL 16.06. The rules would allow state-chartered savings banks and state-chartered savings and loan associations, with the prior approval of the division of savings institutions, to acquire and hold stock in any of the following: a bank chartered under s.
221.1202, Stats.; a national bank chartered under
12 USC 27(b)(1); a bank holding company wholly owning a bank chartered under s.
221.1202; or a bank holding company wholly owning a bank chartered under
12 USC 27(b)(1). Section
221.1201 permits state-chartered banks to acquire stock in bank-owned banks. The rules would be the implementing provision under state law authorizing state-chartered savings banks and state-chartered savings and loan associaions to acquire and hold stock in bank-owned banks. The rules would ensure that state-chartered savings banks and state-chartered savings and loan associations will not be at a competitive disadvantage with other financial institutions that have received similar authority under state or federal laws.
Statutory Authority
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary
P.O. Box 8861
Madison, WI 53708-8861
Tel. (608) 267-1705
TTY (608) 266-8818
A copy of the full text of the proposed rules may also be obtained at the department's website,
www.wdfi.org.
Notice of Hearings
Natural Resources
(Environmental Protection-General)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.15 and
283.13, Stats., interpreting ss.
281.15 and
283.13, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 102,
104 and
106, Wis. Adm. Code, relating to stream classifications. Chapter
NR 102 contains water quality standards for Wisconsin surface waters. The major change made to ch.
NR 102 includes relocation of standards and associated rule language from ch.
NR 104 to ch.
NR 102 since it is the more appropriate rule for language associated with specific designated use categories and water quality criteria necessary to support those uses for the surface waters of Wisconsin. A minor change has been to reserve Subchapter II for the thermal water quality standards currently being developed.
Chapter
NR 104 contains the uses and designated standards for surface waters. The purpose of the revisions to this chapter is to update the lists of uses and designated standards to reflect current state of knowledge for those waters.
Chapter
NR 106 contains procedures for the calculation of water quality-based effluent limitations for toxic and organoleptic (taste & odor) substances. Two additional subchapters have been added to this rule. Subchapter II has been reserved for the procedures for calculating water quality-based effluent limitations for the discharge of heat (i.e., temperature limitations) which are currently under development, and Subchapter III has been created to include effluent limitations for water designated as limited aquatic life waters in ch.
NR 104 have been transferred from ch.
NR 104 to ch.
NR 106 which is a more logical location.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any business that may wish to discharge effluent to a stream.
b. Description of reporting and bookkeeping procedures required: Would be specified in a permit issued to the business depending on the type and amount of effluent discharged.
c. Description of processional skills required: Dependent on the size and type of business discharging effluent.
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:
February 20, 2002 Room 027, GEF #2,
Wednesday 101 South Webster Street
at 1:00 p.m. Madison
February 21, 2002 Conference Room, DNR
Thursday West Central Region Headquarters,
at 1:00 p.m. 1300 W. Clairemont Avenue,
Eau Claire
March 4, 2002 Meeting Room
Monday Appleton Public Library
at 1:00 p.m. 225 N. Oneida St.
Appleton
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 Laura Bub at (608) 261-4385 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no expected fiscal effect at the state or local level. The proposed amendments do not create additional regulatory workload beyond the requirements of the WPDES permit program.
Some stream classifications have become more restrictive and others less restrictive. This has resulted in cost expenditures at some facilities and cost savings at other facilities. It is important to stress that these revisions to chs.
NR 102,
104, and
106 do not force any facilities to upgrade or make operational changes to meet limits that may be associated with an upgraded stream classification. These changes are to update ch.
NR 104 with currently recognized and implemented stream classifications.
Written comments on the proposed rule may be submitted to Ms. Laura Bub, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 15, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WI-11-02] and fiscal estimate may be obtained from Ms. Bub.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to the authority of ss.
110.075 (6),
194.38 (2),
194.43,
346.45 (4), and
227.11, Stats., interpreting ss.
110.07,
110.075,
194.38 and
194.43, 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 325 and
326, relating to motor carrier safety regulations, without public hearing unless, within 30 days after publication of this notice
February 1, 2002, 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 may be addressed to Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 266-0305.
Analysis Prepared by the Wisconsin Department of Transportation
This rule making will amend two existing chapters to bring them into compliance with changes to the federal regulations which go into effect on June 1, 2002. These changes are as follows:
Chapter
Trans 325 adopted motor carrier safety regulations of the United States Department of Transportation in effect on April 1, 2000. This amendment changes the date from April 1, 2000 to June 1, 2002. This change allows Wisconsin to enforce the most recent motor carrier safety regulations. All vehicles operating in interstate commerce are already subject, under federal law, to any changes that have been adopted between April 1, 2000 and June 1, 2002.
Chapter
Trans 326 adopted motor carrier safety requirements for transportation of hazardous materials of the United States Department of Transportation in effect on April 1, 2000. This amendment changes the date from April 1, 2000 to June 1, 2002. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for transportation of hazardous materials. All vehicles operating in interstate and intrastate commerce are already subject under federal law to any changes that have been adopted between April 1, 2000 and June 1, 2002.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by ss.
110.075 (6),
194.38 (2),
194.43 and
346.45 (4), Stats., the department of transportation hereby proposes to amend rules interpreting ss.
110.07,
110.075,
194.38 and
194.43, Stats., relating to motor carrier safety regulations.
SECTION 1. Trans 325.02 (intro.) and (8) are amended to read:
Trans 325.02 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on April 1, 2000 June 1, 2002, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these rules apply in the same manner as though the regulations were set out in full in this chapter:
(8) Every traffic officer and state patrol inspector employed under the authority of s.
110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the
2000 2002 North American uniform out-of-service criteria.
SECTION 2. Trans 326.01 (intro.) and (8) are amended to read:
Trans 326.01 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on April 1, 2000 June 1, 2002, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:
(8) Every traffic officer and state patrol inspector employed under the authority of s.
110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the
2000 2002 North American uniform out-of-service criteria.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district, or any federally-recognized tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of this proposed rule can be obtained, without cost, by writing to Charles Teasdale, Division of State Patrol, 4802 Sheboygan Avenue, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-0305. Alternate formats of the proposed rule will be available to individuals upon request.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
343.14 (2) (f), Stats., and interpreting s.
343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in
Room 115-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
15th day of
February,
2002, at
10:00 a.m., to consider the amendment of ch.
Trans 102, Wis. Adm. Code, relating to the issuance of driver's licenses and identification cards.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business on February 15, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, Hill Farms State Transportation Building, Madison, WI 53707-7907.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
This rule amends s.
Trans 102.15 (3) (a) 8. to require additional proof of identification documents from persons using a “parolee" or “refugee" version of the federal I-94 arrival departure record. The “parolee" or “refugee" version of the federal I-94 document is a standard I-94 document that is hand-stamped to indicate the possessor's parolee or refugee status. The document is not secure identification and can be easily forged.
Under the current regulation, such an I-94 document is accorded the same veracity as proof of identity as a passport or certified birth certificate. Refugees and parolees often leave their countries without passports or other identification documents, making it difficult for them to document their identities to the satisfaction of driver licensing agencies. The Department proposes to require persons having these types of I-94 documents as their sole source of identification to also provide the Department with a letter from their immigration sponsor and a copy of their Reception and Placement Program Assurance Form, which bears a photograph of the person. Applicants who are unable to provide a copy of this form may be issued an ID or driver license, but only after the U.S. Immigration and Naturalization Service verifies their identity, which can take up to 60 days.
These rules are proposed in response to the September 11, 2001, terrorist hijackings in the United States, and are intended to help uncover any possible terrorist attempting to obtain identification documents through the Wisconsin Department of Transportation. The Department expects it will need to make significant revisions to existing s.
Trans 102.15, which specifies what documents the Department will accept for identification purposes when issuing driver licenses or identification documents. This rule making is intended to immediately interrupt the possible use of forged federal I-94 documents as identification documents. The Department has no evidence of past improper use of these documents by terrorists.
Officials have confirmed that 15 of the 19 suspected hijackers involved in the September 11, 2001, incidents obtained US visas in Saudi Arabia. Saudi officials have insisted that the men who obtained the visas likely engaged in identity theft, and that there is no way of knowing if they really were Saudi citizens. These men would not have entered the U.S. as “parolees" or “refugees" and this rule making would not have any effect on terrorists attempting to obtain Wisconsin identification documents with Saudi passports or other official entry documents.
On November 21, 2001, the New York Times reported that to support their terrorism, terrorists have committed crimes including skimming money from a charity for Muslim orphans in Albania and robbing an Italian diplomat's home in Jordan. They acquired or forged seals from universities, border guards and the Saudi Arabian Interior Ministry. According to the Times, these extremists used the Muslim pilgrimages to Islamic holy sites in Saudi Arabia as a cover for recruiting new members or passing cash from one member to another. They moved money around the globe to bail members out of jail in Algeria or Canada, and to finance applications for political asylum and thus implant terrorist cells in Western Europe. This rule change could interrupt the mechanism for terrorists who have applied for or received asylum in the United States to obtain Wisconsin identification documents.
Accordingly, this rule is proposed as a mechanism to avoid issuing identification documents to any terrorist who has applied for asylum in the United States.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by s.
343.14 (2) (f), Stats., the department of transportation hereby proposes to amend a rule interpreting s.
343.14 (2) (f), Stats., relating to the issuance of driver's licenses and identification cards.
Trans 102.15 (3) (a) 8. A federal I-94 “parole edition" or “refugees version" arrival-departure record, together with a certification, on the department's form, by the person, of the person's name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form and a letter from the person's sponsoring agency on its letterhead, supporting the person's application for a Wisconsin ID or driver license and confirming the person's identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a license, but only after their identification has been confirmed by the U.S. immigration and naturalization service;
Fiscal Estimate
The Department estimates there will be no direct fiscal estimate from this rule.
Initial Regulatory Flexibility Analysis
The provisions of this emergency rule have no effect on small businesses.
Copies of Rule and Contact Person
Copies of the rule may be obtained upon request, without cost, by writing to Phil Alioto, Division of Motor Vehicles, Hill Farms State Transportation Building, Room 255, Madison, WI 53707, or by calling (608) 266-0978. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Workforce Development
(Economic Support, Chs.
DWD 11 to
59)
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155 (1d) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to day care certification.
Hearing Date, Time and Location
February 15, 2002 GEF 1 Building, Room B103
Friday 201 E. Washington Avenue
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 hearing, 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 of Proposed Rules
The proposed rules amend the certification requirements for child care providers who provide care and supervision of children whose care is subsidized under s.
49.155, Stats.
Training on SIDS prevention. The rules incorporate the requirement in
2001 Wisconsin Act 16 that all certified providers and their employees and volunteers receive training in the most current medically accepted methods of preventing sudden infant death syndrome if they will be providing care and supervision for children under one year of age. The provider, employee, or volunteer must receive this training before the provider is certified or the employment or volunteer work commences.
Certification process. The rules on the certification process are amended to require that the applicant's references not be related to the applicant. The county or tribal certification agency shall check references prior to granting the initial certification and may check references at certification renewal. The results of the TB test that is required prior to certification may be from a test given up to one year before the application date. The county or tribal agency will conduct an on-site inspection of the place where child care will be provided before certification or within 30 days following certification, recertification, or a provider's move to a new location. If the applicant is licensed or certified to care for children or adults separate from the proposed family day care, such as foster care or adult care, the county or tribal agency will request a statement for the appropriate regulating agency indicating that the regulating agency approves a child care business in the applicant's home. The request shall include a request for permission for the licensed or certified caregiver to release information necessary for criminal history record search for residents and clients in the applicant's home. The county or tribal certification agency shall provide information on child care and the certification system to applicants prior to initial certification. The information shall include materials on sudden infant death syndrome, child development, positive discipline, health and safety, and nutrition. The proposed rules also create a requirement that all new workers in a child care certification agency complete the department-approved training during the first 6 months of employment.
Certification denial, suspension, revocation, or refusal to renew. The proposed rules create additional reasons for which a county or tribal agency may deny, suspend, or revoke, or refuse to renew certification and discontinue payment, including the provider submits false attendance records to the child care subsidy administrative agency, the provider fails to cooperate with the certifying agency, the applicant's license or certificate to care for children or adults has been denied or revoked, the provider misrepresents or withholds information, or the provider denies the day care certification worker access to the premises to monitor compliance with the certification standards. The certifying agency shall require a provider to submit a new application for certification if the provider's previous certification was denied, revoked, or not renewed. The certifying agency may refuse to accept a new application for 2 years after the date of the denial, revocation, or refusal to renew the certification. A provider whose certification has been revoked twice for non-compliance with the certification standards shall be permanently barred from certification.
Level I training. The proposed rule specifies that the 15 hours of child care training that regular Level I certified providers receive shall include information on child growth and development, positive discipline, child abuse and neglect, interpersonal relationships, daily schedule, health and safety, sudden infant death syndrome, business practices, and nutrition.
Provider's home. The standards for the provider's home are amended to provide that firearms and ammunition shall be stored in separate, locked areas that are inaccessible to the children. Concrete and asphalt shall be prohibited under climbing equipment, swings, and slides. In-ground pools, on-ground pools with rigid sides, hot tubs, and large outdoor trampolines may not be used during hours of care and shall be inaccessible to children by use of a permanent barrier or other preventive measure. Wading pools may be used if the water is changed daily and the pool is disinfected daily. “Wading pool" is defined as a shallow pool, capable of being dumped to change water, and used primarily for small children. Pets that may pose any risk to the children shall be restricted from indoor and outdoor areas used for day care. The certifying agency may prohibit the use of a cellular phone as a primary phone. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care. If the child care is provided in a rental property, the provider shall obtain permission from his or her landlord to operate a child care business. The requirement that water be tested for lead when a public water supply is not available is repealed because it has been found to be unnecessary and is not required of licensed child care providers.
Child health care. The standards on child health care are amended to require that the provider change a child's diaper on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The provider shall clean a child's superficial wound with soap and water only and protect it with a band-aid or bandage.
Supervision. The standards on supervision are amended to require that the provider's attendance records include the arrival and departure times for each child and that attendance records are stored at least 3 years.
Provider interaction with children. The standards on a provider's interaction with the children are amended to specify the following:
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Prohibited discipline that is frightening to a child includes binding or trying to restrict the child's movement or enclosing the child in a confined space such as a closet, basement, locked room, box, or similar cubicle.
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The provider shall provide positive guidance and redirection for the children and set clear limits for the children.
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The provider shall help each child develop self-control, self-esteem, and respect for the rights of others.
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The provider may not use time-out periods for a child under 3 years of age. A provider may use time-outs that do not exceed 5 minutes for a child who is 3 years old or older. A “time-out" is defined as an interruption of unacceptable behavior by the removal of the child from the situation.
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The provider may not punish a child for lapses in toilet training.
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The provider shall respond promptly to a crying infant or toddler's needs.
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The provider shall provide physical contact and attention to each infant and toddler throughout the day, including holding, rocking, talking to, singing to, and taking on walks inside and outside the home.
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The provider shall periodically change the position and location in the room of a non-walking child who is awake.
Children's activities. The standards on children's activities and equipment are amended to clarify that the requirement that each child engage in outdoor activities daily, weather permitting, includes infants and toddlers. The provider shall encourage each child to play with a variety of toys and equipment. Activities shall include opportunities for each child to be involved in a variety of activities during a week, including opportunities for play that enhance creativity, language development, use of large and small motor skills, and imagination. Activities shall also include reading to the children each day. There shall be opportunities for a non-walking child who can creep or crawl to move freely in a safe, clean, open, warm, and uncluttered area during each day.
Transporting children. The standards on transporting children are amended to require that a provider ensure that a written permission slip signed by a parent or guardian is on file and children are not left unattended in a vehicle.
Rest. The standards on rest are amended to require that each infant be placed to sleep on his or her back to reduce the risk of sudden infant death syndrome, unless otherwise directed by the child's physician. All sleeping arrangements for children under one year of age shall use firm mattresses and may not use soft bedding materials, such as comforters, pillows, fluffy blankets, or stuffed toys. A safe crib or playpen shall be available for each child under one year of age to use for napping.
Provider–parent communication. The standards on provider-parent communication are amended to require that the provider use information obtained on the department-provided “day care intake for child under 2 years" form, which collects essential information for infants and toddlers, to individualize the program of care for each child under 2 years of age. The provider shall inform a child's parent of any disciplinary action taken or any injury to the child that occurred during day care hours. The provider shall also inform the parent in writing of the amount of insurance coverage on the premises.
Monitoring compliance. The provider shall permit a day care certification worker to conduct home inspections to monitor compliance with the certification standards.
Initial Regulatory Flexibility Analysis
The proposed rules affect certified child care providers. The proposed changes require no significant professional skills or reporting or bookkeeping procedures for compliance with the rule.
Fiscal Impact
The proposed rule changes affect county and tribal child care certification agencies but the changes have no significant fiscal effect.
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
Written Comments
Written comments on the proposed rules received at the above address no later than February 15, 2002, will be given the same consideration as testimony presented at the hearing.
