Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 556, 4/30/2002

Rule-making notices

Notice of Hearing

Accounting Examining Board
[CR 02-052]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Wis. Stats., and s. 442.08 (3), Wis. Stats., as amended by 2001 Wis. Act 16, and interpreting s. 442.08 (2) and (3), Wis. Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. Accy 1.408, relating to the definition of “ownership" for the purpose of determining eligibility of firms for a license as a certified public accounting firm.

Hearing Date, Time and Location

Date:   May 17, 2002

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  Room 180

  Madison, Wisconsin

Appearance 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 May 31, 2002 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing

Statutes authorizing promulgation: Secs. 15.08 (5) (b) and 227.11 (2), Wis. Stats., and s. 442.08 (3), Stats., as amended by 2001 Wis. Act 16.

Statute interpreted: Section 442.08 (2) and (3), Stats.

This proposed rule-making order of the Accounting Examining Board addresses the requirement in s. 442.08 (3), Stats., as amended by 2001 Wis. Act 16, that the board shall promulgate rules that define “ownership interest" for the purposes of determining eligibility for a license as a certified public accounting firm.

Under ch. 442, Stats., as amended by 2001 Wis. Act 16, an applicant for a license as a certified public accounting firm must demonstrate that more than 50% of the ownership interest of the firm is held by individuals who hold certificates or licenses to practice as a certified public accountant issued under the laws of any state or foreign country. s. 442.08 (2) (c) 2.

If any person who holds an ownership interest in the firm is not licensed as a certified public accountant, the firm is required to designate an individual who is licensed as the individual responsible for the firm's compliance with ch. 442, Stats. s. 442.08 (2) (b).

The law requires that each person who holds an ownership interest in the firm, and who does not hold a certificate or license to practice as a certified public accountant, be an individual who actively participates in the firm or an affiliated entity. s. 442.08 (2) (c) 3.

In promulgating these rules, the board considered the financial interests and voting rights of all members of a firm.

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 Hearings

Agriculture, Trade and Consumer Protection
[CR 02-036]
(Reprinted from Mid-April Wis. Adm. Register)

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to create ch. ATCP 127, relating to a telemarketing “no call" list. The department will hold twelve hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until May 30, 2002, for additional written comments.

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 1-800-422-7128. Copies will also be available at the hearings.

Hearing impaired persons may request an interpreter for there hearings. Please make reservations for a hearing interpreter by April 20, 2002, by writing to Jim Rabbitt, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the Department TDD at [phone]. Handicap access is available at the hearings.

Twelve hearings are scheduled:

Monday, May 6, 2002, at 1:00 p.m. & 7:00 p.m.

Prairie Oaks State Office Building, Board Room

2811 Agriculture Drive

Madison, WI 53708

Handicapped accessible

Tuesday, May 7, 2002, at 1:00 p.m. and 6:30 p.m.

Havenwood State Forest

6141 N. Hopkins Street

Milwaukee, WI 53209

Handicapped accessible

Wednesday, May 8, 2002, at 2:00 p.m. and 7:00 p.m.

Wausau City Council Chambers

City Hall

407 Grant Street

Wausau, WI 54403

Handicapped accessible

Thursday, May 9, 2002, at 1:00 p.m. and 6:00 p.m.

Brown County Library, Central Library

515 Pine Street

Green Bay, WI 54301

Handicapped accessible

Monday, May 13, 2002, at 1:00 p.m. and 7:00 p.m.

Department of Agriculture, Trade and Consumer
Protection , Eau Claire Office

3610 Oakwood Hills Parkway

Eau Claire, WI 54701

Handicapped accessible

Tuesday, May 14, 2002, at 1:00 p.m. and 7:00 p.m.

LaCrosse City Council Chambers

400 LaCrosse Street

LaCrosse, WI 54699

Handicapped accessible

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory authority: ss. 100.20 (2) and 100.52

Statutes interpreted: ss. 100.20 and 100.52

Background

The Wisconsin department of agriculture, trade and consumer protection (DATCP) regulates unfair and deceptive business practices under s. 100.20, Stats. DATCP has adopted rules, under ch. ATCP 127, Wis. Adm. Code, to protect consumers against unfair telemarketing practices. The Legislature has also directed DATCP, under s. 100.52, Stats., to create a “no-call" list of consumers who do not wish to receive telemarketing calls.

Under s. 100.52, Stats., consumers may contact DATCP to sign up for the “no call" list. Telemarketers may not call consumers whose telephone numbers appear on the list. Telemarketers must register with DATCP and pay fees to finance the list compilation and distribution. On a regular periodic basis, DATCP must update the list and distribute it to registered telemarketers. DATCP must adopt rules to implement this program.

This rule creates a telemarketing “no-call" program, as directed by the Legislature. DATCP is adding this rule to DATCP's current telemarketing rules under ch. ATCP 127, Wis. Adm. Code.

“Telephone Solicitations" Covered

This rule regulates “telephone solicitations" to persons located in this state, regardless of where the calls originate. A “telephone solicitation" means an unsolicited telephone call for the purpose of encouraging the call recipient to buy property, goods or services, or that is part of a plan or scheme to encourage the call recipient to buy property, goods or services. “Telephone solicitation" does not include any of the following:

• A telephone call encouraging the call recipient to buy property, goods or services from a “nonprofit organization" solely for the benefit of that organization. A “nonprofit organization" means an organization described in section 501(c)(3), (4), (5) or (19) of the United States internal revenue code.

• A telephone call made by the sole individual proprietor of a business, encouraging the call recipient to buy property, goods or services sold by that business.

• A telephone call made in response to the call recipient's request for that call.

• A telephone call made to a current client of the person selling the property, goods or services promoted by the telephone call.

• A telephone call made to a number listed in the current local business telephone directory.

Telemarketers Must Register

This rule requires telemarketers to register annually with DATCP. A registration expires on December 31 of each year. Under this rule:

• No person may employ or contract with any individual to make telephone solicitations to residential telephone customers unless that person is currently registered with DATCP.

• No individual may make a telephone solicitation to a residential telephone customer unless one of the following applies:

- The individual is employed by, or acting as the contract agent of, a person currently registered with DATCP.

- The individual is currently registered with DATCP.

Telemarketer Registration Form

To register with DATCP, a person must complete an annual registration form and pay annual fees. The registration form must include all the following:

• The registrant's correct legal name, and all trade names under which the registrant does business.

• The registrant's principal business address and telephone number. The business address shall include street address, zip code, state and nation.

• The registrant's federal tax identification (FEIN) number.

• The name and address of the registrant's registered agent in this state, if any.

• The name and address of a person who will accept service of process on behalf of the registrant, if other than a registered agent in this state.

• The name, address and telephone number of a person who may respond, on behalf of the registrant, to DATCP notices and inquiries.

• The number of telephone lines used, by individuals acting as employees or agents of the registrant, to make telephone solicitations. The registrant must provide the telephone number associated with each of these lines.

• The number of individuals who make telephone solicitations as employees or agents of the registrant. The registrant must provide the names of the individuals if DATCP requests those names.

• A statement indicating the form in which the registrant wishes to receive “no-call" lists. A registrant may receive “no-call" lists in one or more of the following forms:

- By e-mail transmission to an e-mail address provided by the registrant.

- As a compact disc, mailed to an address provided by the registrant.

- In hard-copy printed form, mailed to an address provided by the registrant.

Telemarketer Registration Fees

A telemarketer registering with DATCP must pay the following annual fees:

• A basic annual registration fee of $800 for the first year of registration, and $600 for each year thereafter.

• A supplementary annual fee of $100 for each telephone line used by the registrant (or the registrant's employees or individual agents) to make telephone solicitations. This fee does not apply if the registrant uses fewer than 4 telephone lines.

• A supplementary annual fee of $25 for each e-mail address to which the registrant would like DATCP to send the “no-call" list. This fee does not apply if the registrant asks DATCP to send the “no-call" list to just one e-mail address.

• A supplementary annual fee of $25 for each address to which the registrant would like DATCP to send the “no-call" list in compact disc form.

• A supplementary annual fee of $1,000 for each address to which the registrant would like DATCP to send the “no-call" list in hard-copy print form.

The “No-Call" List

DATCP must compile a “no-call" list containing the telephone numbers and ZIP codes of residential telephone customers who sign up for the list. No person may make a telephone solicitation, either directly or through an employee or agent, to a residential customer whose telephone number appears on the current no-call list.

A residential telephone customer may contact DATCP by phone, or at DATCP's website, to sign up for the “no-call" list. A customer's caregiver may sign up on behalf of the customer. The customer or caregiver shall give DATCP all the following information:

• The customer's telephone number including area code.

• The customer's ZIP code.

• The customer's name and address, if requested by DATCP. DATCP will not include this information on the “no-call" list, but may request it for verification purposes.

• The caregiver's name and address, if a caregiver contacts DATCP on behalf of the customer. DATCP will not include this information on the “no-call" list, but requires it for verification purposes.

Distributing the List

DATCP must distribute the “no-call" list to each telemarketer who is currently registered with DATCP. DATCP must distribute the list in the manner specified by the registrant (assuming that the registrant pays the required fees for that method of delivery). A “no-call" list takes effect on a date specified by DATCP, not sooner than 10 days after DATCP distributes the list.

Updating the List

DATCP must compile and distribute an updated “no-call" list every 3 months. DATCP must distribute updated lists in the same manner as the initial list. DATCP must delete a residential telephone customer from the “no-call" list 2 years after that customer last signed up for inclusion on the list. A customer may renew a sign-up at any time.

No Unauthorized Release

A registered telemarketer may not redistribute any part of a “no-call" list to any other person, except that the registrant may redistribute the list to an individual making telephone solicitations as the registrant's employee or agent. DATCP may not release a “no-call" list, or any information used to compile the list, except that:

• DATCP may release a “no-call" list to telemarketers currently registered with DATCP.

• DATCP may release a “no-call" list as necessary to enforce this rule, or to comply with a subpoena or judicial process, subject to such protective orders as may be appropriate.

• DATCP may release the “no-call" list to the federal trade commission or other federal agency maintaining a national “no-call" list.

Telephone solicitation practices

Telemarketers must comply with current DATCP telemarketing rules under ch. ATCP 127, Wis. Adm. Code. In addition, this rule prohibits telemarketers from doing any of the following:

• Making telephone solicitations to a residential telephone customer, unless the telemarketer is registered with DATCP or working for a registered telemarketer.

• Making a telephone solicitation to a residential telephone customer whose telephone number appears on the current “no call" list.

• Using an electronically prerecorded message in a telephone solicitation to a residential or nonresidential telephone customer without the prior consent of that telephone customer.

• Failing to disclose, at the request of a residential telephone customer receiving a telephone solicitation, the telemarketer's Wisconsin registration number.

• Making a telephone solicitation to a nonresidential telephone customer (business) if that business has notified the telelemarketer by mail that the business does not wish to receive telephone solicitations. A telemarketer must provide a business with the telemarketer's mailing address within 10 days after the business requests it.

• Requiring, instructing or authorizing an employee or agent to make a telephone solicitation in violation of this rule, or facilitating a violation of this rule.

• Using caller-ID blocking when making a telephone solicitation.

Telemarketer Records

Under current DATCP telemarketing rules, telemarketers must keep certain records for at least 2 years and must make those records available to DATCP upon request. Among other things, a telemarketer must keep records related to individuals who make telephone solicitations as employees or agents of the telemarketer, including names, addresses, telephone numbers, job titles, and fictitious names if any (no 2 individuals may use the same fictitious name).

This rule requires telemarketers to comply with current record keeping requirements, and adds one new requirement. Under this rule, a telemarketer must record the time period during which an individual made telephone solicitations as the seller's employee or agent.

Fiscal Estimate (See p. 13 Mid-April Wis. Adm. Register)

Initial Regulatory Flexibility Analysis (See p. 13 Mid-April Wis. Adm. Register)

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 chronic wasting disease in cervids. 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 May 24, 2002, for additional written comments.

You may obtain a free copy of this emergency rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling 608-224-4883. Copies will also be available at the hearing.

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by May 15, 2002, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the Department TDD at [phone]. Handicap access is available at the hearing.

One hearing is scheduled:

Wednesday, May 22, 2002, at 7:00 p.m.

Prairie Oaks State Office Building, Board Room

2811 Agriculture Drive

Madison, WI 53708

Handicapped accessible

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory Authority: ss. 93.07 (1) and 95.20, Stats.

Statutes Interpreted: ss. 93.07 (10), 95.20, 95.22, and 95.31, Stats.

This emergency rule regulates the import, keeping and movement of cervids, including deer and elk, to prevent the spread of chronic wasting disease. The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers this rule. This rule applies to captive cervids, including farm-raised deer and captive white-tail deer. This rule does not apply to free-ranging deer or elk regulated by the Department of Natural Resources (DNR).

Background

Chronic wasting disease was recently discovered in the free-ranging deer population in Wisconsin. Chronic wasting disease is a form of transmissible spongiform encephalopathy, a disease that is always fatal. It is known to affect elk, white-tailed deer, black-tailed deer, mule deer and red deer. Very little is known about the disease, but it appears to be spread by cervid-to-cervid contact. The disease may spread more readily where cervids are concentrated.

Chronic wasting disease has not been diagnosed in captive cervids in this state, but its presence cannot be ruled out. The disease has been diagnosed in some captive herds in other states. This rule establishes a monitoring and testing program for captive cervids in this state. This rule also regulates imports and movement of captive cervids.

Importing Cervids to Wisconsin

Under current rules, no person may import a captive cervid into Wisconsin without a permit from DATCP. The importer, or a veterinarian acting on behalf of the importer, may apply for an import permit. The applicant must identify the herd of origin and the herd of destination.

This rule clarifies that DATCP will not issue a written import permit until DATCP receives a certificate of veterinary inspection completed by a federally accredited veterinarian. The certificate must identify each cervid to be imported, and must certify one of the following:

• The cervid originates from a herd monitored for at least 5 years under a state-approved chronic wasting disease herd certification program that complies with federal uniform methods and rules.

• The cervid originates from a herd that meets all the following criteria:

  - Herd members have all been born in the herd or kept in the herd for at least one year.

  - Herd members have not been added from any outside source, or exposed to cervids from any outside source, in the past year.

  - There have been no signs or symptoms of chronic wasting disease in the herd for the past 5 years.

  - Animal health officials in the state of origin have access to herd records for the past 5 years, including records of cervid deaths and causes of death.

Moving Live Cervids from Herds in Wisconsin

Under current rules, no person may move a live captive cervid from a herd in this state without a certificate of veterinary inspection. A Wisconsin certified veterinarian must certify that the cervid has tested negative for tuberculosis (there are some exceptions).

Under this rule:

• The veterinarian must also certify that the herd of origin has shown no signs or symptoms of chronic wasting disease in the last 12 months. The veterinarian must be the herd veterinarian for the herd of origin.

• The herd of origin must be enrolled in Wisconsin's herd monitoring program (see below).

• These requirements do not apply to any of the following:

• A cervid moved directly to slaughter if the cervid is tested for chronic wasting disease.

• A cervid moved between 2 locations operated by the same herd owner, and covered by the same farm-raised deer herd registration.

• A cervid moved by or under the control of DNR.

• A cervid moved between institutions that are accredited by the American association of zoological parks and aquariums.

Mandatory Testing in Wisconsin

This rule requires chronic wasting disease testing of captive cervids. There is no test available for live cervids. Tests must be conducted on brain tissue collected from dead cervids. Tests are only effective on cervids at least 16 months old. This rule requires herd owners to have all the following tested for chronic wasting disease:

• All captive cervids at least 16 months old that are shipped to slaughter.

• All captive cervids at least 16 months old whose carcasses (or any part of whose carcasses) leave the herd premises.

A herd owner enrolled in Wisconsin's herd monitoring program (see below) must also test cervids at least 16 months old that die on the herd premises, even if their carcasses do not leave the herd premises. Live cervids may not be shipped from herds that are not enrolled in the monitoring program (see above).

Test Standards and Reports

This rule spells out standards for official chronic wasting disease testing in this state. Under this rule:

• Test samples must be collected by a DATCP-certified veterinarian, a DATCP employee, an employee of the United States department of agriculture, animal and plant health inspection service (APHIS), or another person approved by DATCP. The person must complete training approved by DATCP.

• Test samples must be collected according to standard veterinary procedure, and tested at a laboratory approved by DATCP or APHIS.

• Veterinarians and others must report to DATCP if test results are positive for chronic wasting disease. This reporting requirement applies to voluntary tests, as well as required tests. Persons receiving positive test results must report within one day, and confirm the report in writing within 10 days.

Quarantine and Condemnation

Under this rule, if a captive cervid tests positive for chronic wasting disease, DATCP must quarantine the herd. DATCP will conduct an epidemiological evaluation to determine the appropriate disposition of the cervids in the herd. DATCP may condemn cervids exposed to the disease, and may direct the disposition of their carcasses. The herd owner may apply for statutory indemnity payments. If a cervid owner is eligible, indemnities will normally cover 2/3 of the appraised value of the condemned cervids, but not more than $1500 for each animal.

Herd Monitoring Program

This rule establishes a herd monitoring program for chronic wasting disease. This program supplements the mandatory testing requirements described above. Live cervids may not be shipped from herds that are not enrolled in the monitoring program (see above). A herd owner who wishes to enroll in the program must do all the following:

• Complete an application form.

• Provide a report of a herd census completed not more than 30 days before the application date. The census report must include all the following:

  - The number, species and sex of cervids in the herd.

  - The number of cervids at least one year old.

  - The number of cervids less than one year old.

  - The official individual identification (ear tag number or other approved identification) of each cervid that is at least one year old.

• Provide a statement from the herd veterinarian. The veterinarian must certify that he or she is the herd veterinarian, and that no cervid in the herd has shown any signs or symptoms of chronic wasting disease in the past 12 months.

DATCP must grant or deny the application within 30 days. A herd is enrolled in the program when DATCP accepts the herd owner's application. The herd owner must do all the following to remain in the program:

• Identify each cervid in the herd, with official individual identification, before the cervid is one year old.

• Test every cervid that dies or is shipped to slaughter, if that cervid is at least 16 months old. This testing requirement applies, regardless of whether the cervid's carcass leaves the herd premises.

• Notify the herd veterinarian within 24 hours after the herd owner observes any signs or symptoms of chronic wasting disease.

• Provide an annual statement from the herd veterinarian. The herd veterinarian must submit the annual statement to DATCP, within 30 days before or after the herd enrollment anniversary date. The veterinarian must certify that he or she is the herd veterinarian, and that no cervid in the herd has shown any signs of chronic wasting disease since the last annual statement.

• File a report of an annual herd census. The herd owner must complete the annual census within 30 days before or after the enrollment anniversary date, and must file the report within 10 days after completing the census. The census report must include all the following:

  - The number, species and sex of cervids in the herd.

  - The number of cervids at least one year old, and the number of cervids less than one year old.

  - The official individual identification of each cervid that is at least one year old.

  - The number, species and sex of cervids added to the herd since the last reported herd census. The report must indicate whether these new cervids were born into the herd or added from another source. If cervids were added from another source, the report must identify the source from which the cervids were obtained.

  - The number of cervids that left the herd since the last reported herd census. The report must explain how each cervid left the herd, including all the following:

  * Whether the cervid died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.

  * If the cervid was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.

  * If the cervid died on the premises, the cervid's age and the disposition of its carcass. If the carcass left the premises, the report must identify the carcass destination or recipient. If the cervid was at least 16 months old, the report must include a chronic wasting disease test report.

  * If the cervid was shipped to slaughter, the cervid's age and the name and address of the slaughter establishment. If the cervid was at least 16 months old, the report must include a chronic wasting disease test report.

• Maintain all the following records for at least 5 years, and make those records available to DATCP for inspection and copying upon request:

  - A record of each cervid added to the herd from another source, including:

  * The species, age and sex of the cervid.

  * The name and address of the person from whom the cervid was obtained.

  * The address of the herd from which the cervid was obtained.

  - A record of each cervid leaving the herd, including all the following:

  * Whether the cervid died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.

  * If the cervid was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.

  * If the cervid died on the premises, the apparent cause of death, the cervid's age, and the disposition of the cervid's carcass. If the carcass left the premises, the record must identify the carcass destination or recipient.

  * If the cervid was shipped to slaughter, the cervid's age and the name and address of the slaughter establishment.

  - A copy of all records received from the herd veterinarian related to veterinary services provided to the herd.

Fiscal Estimate

This emergency rule establishes a monitoring and testing program for captive cervids in this state. This rule also regulates imports and movement of captive cervids. DATCP will need additional staff to:

• Investigate and monitor movement of cervids into and around the state of Wisconsin.

• Compile evidence and enforce the rules, as necessary.

• Create and maintain complete files for all captive cervid farms.

• Collect samples for testing, and train individuals to collect samples.

• Create a data management system to track and monitor chronic wasting disease and herd data.

These costs will be ongoing. Only a portion of the costs will be incurred during the temporary duration of the emergency rule. DATCP is proposing a “permanent" rule which will incorporate similar provisions. The short-term annual costs during the term of the emergency rule will be approximately $2,401,504.00. Long-term costs will be much greater, but have not yet been fully analyzed.

Regulatory Flexibility Analysis

The department will prepare a regulatory flexibility analysis on its proposed permanent rule relating to chronic wasting disease in cervids.

Notice of Hearing

Agriculture, Trade and Consumer Protection

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces it will hold a public hearing on an emergency rule relating to milk producer security. The department invites the public to attend and comment on the emergency rule. Following the public hearing, the hearing record will remain open until June 16, 2002 to receive additional written comments.

You may obtain a free copy of this emergency rule by contacting Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison WI 53708, or by calling [phone]. Copies will also be available at the hearing.

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by May 9, 2002 either by writing to Kevin LeRoy, Division of Trade and Consumer Protection, PO Box 8911, Madison, WI 53708-8911 (telephone [phone]) or by calling the Department TDD at 224-5058.

The hearing is scheduled at:

Thursday, May 16, 1:30 p.m.

Wisconsin Department of Agriculture, Trade and Consumer Protection

Board Room

2811 Agriculture Drive

Madison, WI 53718

Handicapped accessible

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory Authority: ss. 93.07 (1), 126.51, 126.81 (1) and (2), and 227.24, Stats.

Statutes Interpreted: Ch.126, Stats.

This emergency rule implements Wisconsin's new agricultural producer security law (ch. 126, Stats.), as it applies to milk contractors. The new law is designed to protect milk producers against catastrophic financial defaults by milk contractors who procure producer milk in this state. The Legislature enacted the new law in 2001 Wis. Act 16.

The new law applies to milk contractors, including dairy plant operators, producer agents and other milk handlers. Among other things, the new law creates an agricultural producer security fund, financed by milk contractor fees. The Department of Agriculture, Trade and Consumer Protection (DATCP) administers this law. The law takes effect, for milk contractors, on May 1, 2002.

This emergency rule:

• Clarifies the treatment of dairy plant operators who provide custom processing services for milk producers, without marketing or taking title to milk or processed dairy products.

• Clarifies the treatment of producer agents who market milk and collect milk payments on behalf of producers, without taking title to the milk.

• Clarifies the treatment of persons who market only processed dairy products for producers, without procuring, marketing or processing any raw producer milk.

• Clarifies the method by which milk contractors calculate and report milk payment obligations, for the purpose of calculating fund assessments and security requirements.

• Requires milk contractors to disclose their security and fund contribution status to producers.

Background

Under the agricultural producer security law, a milk contractor who procures producer milk in this state must be licensed by DATCP. To be licensed, a contractor must do one of the following:

• Contribute to the agricultural producer security fund (“fund"). If a contributing milk contractor defaults on payments to producers, the fund may partially compensate those producers. Producer agents (who market milk and collect milk payments for producers without taking title to the milk) may have lower fund participation requirements than other milk contractors. If a producer agent defaults, the fund may also make smaller payments to producers.

• File security with DATCP, to secure a portion of the contractor's milk payment obligations to producers. Producer agents may file a smaller amount of security than other milk contractors, so there may be less security if a producer agent defaults.

• File financial statements with DATCP, showing that the milk contractor meets minimum financial standards. If a milk contractor is licensed on the basis of the contractor's financial statement, the contractor is not required to contribute to the fund or file security with DATCP. The fund will not pay producers if the contractor defaults, nor will DATCP have any security to pay producers.

Custom Processing for Milk Producers

This emergency rule clarifies that ch. 126, Stats., does not apply to a dairy plant operator who takes temporary custody of producer milk for the sole purpose of providing custom processing services to milk producers, provided that all the following apply:

• The producers retain title to the milk and to the processed dairy products made from that milk.

• The operator does not market the milk or processed dairy products, but promptly delivers the processed dairy products to the producers or their agent for consumption or marketing.

• The operator does not commingle producer-owned milk or dairy products with other milk or dairy products.

• The operator provides the custom processing services under a written contract with each producer or the producer's agent. The contract must clearly and conspicuously disclose that:

  - The producer retains title to the milk and dairy products.

  - The producer's milk shipments are not secured under ch. 126, Stats.

Producer Agents

This emergency rule clarifies that a milk contractor does not qualify as a producer agent, for purposes of ch. 126, Stats., unless all the following apply:

• The milk contractor procures producer milk in this state solely as the agent of the milk producers.

• The milk contractor does not take title to the producer milk, or to any dairy products made from the producer milk.

• The milk contractor markets the producer milk under a written contract with each milk producer. The contract must clearly and conspicuously disclose all the following:

  - That the milk contractor does not take title to the producer's milk, or any dairy products made from that milk.

  - That the milk contractor receives payments on behalf of the producer, and holds them in trust for the producer.

  - The terms and conditions of payment to the producer.

  - The procedure by which the milk contractor will receive payment on behalf of the producer and make payments to the producer, including any trust fund arrangement.

  - The milk contractor's compensation for serving as the producer's agent, and the method by which the milk contractor will receive that compensation from the milk producer.

  - A milk security disclosure statement (see below).

• The milk contractor does not process, as a producer agent, more than 5 million pounds of producer milk in any month.

• The milk contractor gives, to each recipient of producer milk marketed by the contractor, a written invoice stating that the milk is producer milk not owned by the milk contractor.

• The milk contractor files a monthly report with DATCP. The milk contractor must file the report on or before the 25th day of the month. The report must include all the following:

  - The name and address of each person to whom the milk contractor marketed, in the preceding month, producer milk procured in this state.

  - The total pounds of producer milk that the milk contractor marketed to each person in the preceding month.

  - The milk contractor's total milk payment obligation to milk producers for producer milk that the contractor marketed in the preceding month.

Persons Marketing Processed Dairy Products for Milk Producers

This emergency rule clarifies that ch. 126, Stats., does not apply to a person who markets only processed dairy products for milk producers, provided that the person does not procure, market or process any raw producer milk.

Milk Payment Report by License Applicant

Under the new law, an applicant for an annual milk contractor license must report (1) the applicant's total annual payment obligation to milk producers, and (2) the largest obligation incurred at any time during the applicant's last fiscal year. The reported amounts are used to determine fund assessments and security requirements, if any. This rule clarifies that the applicant must report (1) the total amount paid for milk procured during the applicant's last fiscal year, and (2) the largest amount paid for milk procured in any single month during the last fiscal year.

Milk Security Disclosure Statement

This emergency rule requires milk contractors to make milk security disclosures to milk producers, pursuant to s. 126.81 (4), Stats., so that producers understand the extent to which milk payments are backed by the agricultural producer security program. The milk contractor must give the disclosure when the milk contractor first procures milk from the producer, and again in June of each year. The disclosure must consist of one of the following written statements:

• The following statement if the milk contractor contributes to the fund (and is not a producer agent who also files security):

IMPORTANT NOTICE

[Name of milk contractor] contributes to Wisconsin's Agricultural Producer Security Fund. This fund helps ensure that milk producers will be paid for the milk they ship to contributing contractors. If a contributing contractor fails to pay a producer, the fund may pay up to 80% of the first $60,000 of the producer's unpaid milk payment claim, and up to 75% of any additional unpaid milk payroll claim.

• The following statement if the milk contractor is required to file security with DATCP and is not a producer agent:

IMPORTANT NOTICE

[Name of milk contractor] does not participate in Wisconsin's Agricultural Producer Security Fund. We have filed security with the State of Wisconsin to cover part, but not all, of our milk payment obligations to milk producers. The security equals at least 75% of the largest amount that we owed producers at any time during our last completed fiscal year. The security is in the following form(s): [specify forms of security].

• The following statement if the milk contractor does not contribute to the fund or file security with DATCP, but is licensed solely on the basis of the contractor's financial statement:

IMPORTANT NOTICE

[Name of milk contractor] does not participate in Wisconsin's Agricultural Producer Security Fund, and has not filed security with the State of Wisconsin to secure payments to milk producers. Our financial statement shows positive equity, a current ratio of at least 1.25 to 1.0, and a debt-to-equity ratio of no more than 2.0 to 1.0.

• The following statement if the milk contractor is a producer agent who does not contribute to the fund and is required to file security with DATCP:

IMPORTANT NOTICE

[Name of milk contractor] does not participate in Wisconsin's Agricultural Producer Security Fund. We have filed security with the State of Wisconsin to cover part, but not all, of our milk payment obligations to milk producers. The security equals 15% of the largest amount that we owed to producers at any time during our last completed fiscal year. The security is in the following form(s): [specify forms of security].

• The following statement if the milk contractor is a producer agent who contributes to the fund and files security with DATCP:

IMPORTANT NOTICE

[Name of milk contractor] contributes to Wisconsin's Agricultural Producer Security Fund as a producer agent. If we fail to pay a producer, the fund may pay up to 15% of the producer's allowed claim.

Fiscal Estimate

The department does not expect this emergency rule to have any material fiscal effect.

Regulatory Flexibility Analysis

The department will prepare and publish its proposed regulatory flexibility analysis permanent rule to create ch. ATCP 96, Wis. Adm. Code.

Notice of Hearing

Commerce
(Fees, Ch. Comm 2)
[CR 02-042]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.15 (2) (e) and 101.19 (1) (h), Stats., the Department of Commerce will hold a public hearing on proposed rules relating to mine safety fees.

The public hearing will be held as follows:

Date and Time:   Location:

Wednesday, May 15, 2002   Room 3C,

1:00 p.m.   Thompson Commerce Center

  201 West Washington Avenue

  Madison

Analysis Prepared by the Department of Commerce

Statutory Authority: Sections 101.15 (2) (e) and 101.19 (1) (h), Stats.

Statutes Interpreted: Sections 101.15 (2) (e) and 101.19 (1) (h), Stats.

Section 101.19, Stats., requires the Department to fix and collect fees by rule which shall, as closely as possible, equal the cost of providing services. The Department's current fees for the mine safety program in chapter Comm 2 basically consist of an annual safety service fee based on aggregate production and do not accurately relate to the level of services provided. The proposed rules reduce the production-based fees approximately 25% and create a more equitable fee-for-service mechanism. A fee of $330 per course for the mine safety training courses conducted by the Department is created in the proposed rules.

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 May 24, 2002, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.

This hearing is held in an accessible facility. 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.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 [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

The proposed rules will affect any business that operates a mine, pit or quarry in Wisconsin.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no reporting or bookkeeping procedures required for compliance with the proposed rules.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the proposed rules.

Fiscal Estimate

The Department proposes lowering the safety service fee currently charged to mine operators. This fee is based on the annual production of mines. The annual costs associated with the programs this fee funds (Explosive Materials, Fireworks Manufacture, and Mine Safety) have been re-estimated and reduced from $270,700 to $194,900. The re-estimate of costs results in less revenue needed to fund the programs.

The Department proposes lowering the safety service fee by 25%, resulting in revenues collected more closely matching the costs of the programs funded by the revenue.

Annualized Items Current Proposed Difference

Mine Safety Training

Course Revenue   $50,000 $50,000 $0

Blasters Certification

Fee Revenue   $24,000 $24,000 $0

Safety Service Fee

Revenue   $238,000 $178,500 -$59,500

Total   $312,000 $252,500 -$59,500

Program Costs   $194,900 $194,900 $0

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. 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.

Notice of Hearing

Employee Trust Funds
[CR 02-049]

The Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule, which amends ss. ETF 20.25 (1) (a) and (2), Wis. Adm. Code, relating to the annuity dividend effective date and proration of annuity dividends in accordance with the provisions of s. 227.16 (1), Stats.

Hearing Information

The public hearing will be held on Thursday, May 16, 2002 at 1:00 p.m. in room 2B, 801 West Badger Road, Madison, Wisconsin.

The public record on this proposed rule making will be held open until 4:30 p.m. on Friday, May 17, 2002 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Linda Owen, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.

Analysis Prepared by the Wisconsin Department of Employee Trust Funds

Current administrative rule under s. ETF 20.25 specifies that the Wisconsin Retirement System (WRS) fixed annuity dividends and variable annuity adjustments based on surpluses and/or deficiencies in the annuity reserve shall be effective on April 1 of each year. The proposed rulemaking would change the effective date of these annuity changes to March 1 of each year. The April 1 effective date for annuitant dividends was established as a date that was administratively feasible at that time. However, due to improved automation of both calculating and distributing the fixed and variable dividends, it is now administratively feasible to make the annuitant dividend adjustments a month earlier.

The proposed rulemaking also would change how dividends are prorated by reducing the minimum percentage by which a prorated annuity can be paid. Under current law, annuitants that retire in 2001 will receive a prorated dividend based upon the number of full months they were retired in 2001. If their dividend based upon the investment results would be less than 1%, no dividend is granted. The rule change would permit a dividend as low as .1% to be paid. Automation has provided the mechanism to calculate and distribute dividends in smaller increments.

Authority for Rule

Sections 40.03 (1) (m), (2) (i), (7) (d) and (8) (d), 40.27 (2) (b) and 40.28 (2), Stats.

Fiscal Estimate

The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. The rule itself has no anticipated state fiscal effect during the current biennium and no future side effect on state funds.

Initial Regulatory Flexibility Analysis

The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.

Copies of Rule and Contact Persons

Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone [phone]. For questions about this rule making, please call Linda Owen, Policy Analyst, at [phone].

Notice of Hearing

Insurance
[CR 02-043]

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., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins 8.52 (4), Wis. Adm. Code, relating to publication of health insurance rates for small employers.

Hearing Information

Date: May 17, 2002

Time: 10:00 a.m., or as soon thereafter as the matter may be reached

Place: Room 6, OCI, 121 East Wilson 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: Stephen Mueller, OCI, PO Box 7873, Madison WI 53707.

Analysis Prepared by the Office of the Commissioner of Insurance

Statutory authority: ss. 601.41, 635.05 (7) and 635.12, Stats.

Statutes interpreted: ss. 600.01, 635.05 (7) and 635.12, Stats.

Analysis: Section 635.12, Stats. (2001 Wis. Act 16) requires every small employer insurer to annually publish current new business premium rates in the manner and according to categories required by rule of the commissioner. The purpose of this proposed rule is to comply with this legislative mandate. The commissioner has determined that the most practical method of accomplishing this is to require small employer insurers to annually report their rates to the commissioner based on uniform criteria reported in a consistent format. Therefore the commissioner will provide a form for the small employer insurers to report rates. The form will follow the reporting criteria specified in this rule. The commissioner will publish the information gathered from all small employer insurers in a manner that will assist small employers to readily compare the rates. Small employer insurers who file rates with the commissioner as described in this rule will be in compliance with the requirements of s. 635.12, Stats. and need not publish the rates themselves.

Fiscal Estimate

There will be no state or local government fiscal effect.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

To Obtain a Copy of the Rule

A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at [phone] or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.

Notice of Hearing

Insurance
[CR 02-051]

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., OCI will hold a public hearing to consider the adoption of the proposed rulemaking order affecting s. Ins 3.37, Wis. Adm. Code, relating to transitional treatment.

Hearing Information

Date:   Tuesday May 21, 2002

Time:   10:00 a.m., or as soon thereafter as the matter may be reached

Place:   Room 6, OCI, 121 East Wilson Street, Madison, WI

Analysis Prepared by the Office of the Commissioner of Insurance

Statutory authority: ss. 600.01 (2), 601.41 (3), 632.89 (4), Stats.

Statutes interpreted: ss. 632.89 (4), Stats.

Section 632.89 (4), Stats., requires the Office of the Commissioner of Insurance to define services for which insurance coverage applies to various transitional treatment of mental health and alcohol and other drug abuse treatment services. Due to recent changes in regulations issued by the Department of Health and Family Services (DHFS), several cross reference cites within s. Ins 3.37, Wis. Admin. Code, are invalid and require amendment and modification.

In addition, developments in mental health treatment options have created additional transitional treatment options, including crisis intervention, that should be incorporated within the scope of services covered under transitional treatment. Coordinated emergency mental health intervention treatment provides immediate treatment options to persons experiencing a mental health crisis or are in a situation that if left untreated would likely become a crisis if proper support is not provided. These coordinated emergency mental health treatment services are not provided within a hospital setting, rather the treatment and intervention occurs where the crisis is occurring. If the person is at risk for repeated need for intervention, intervention plans would be developed with the goal of decreasing the frequency and intensity of future crises. Coordinated emergency mental health programs also known as crisis intervention programs, have been found to be effective both in terms of care to consumers and as a cost efficient alternative to traditional urgent or emergency treatment.

Crisis intervention programs must be certified by the Department of Health and Family Services and may be utilized by insurers as an alternate transitional treatment program.

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.

Fiscal Estimate

There will be no state or local government fiscal effect.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

Contact Person

A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at [phone] or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.

Notice of Hearing

Natural Resources
(Fish, Game, etc.)

[CR 02-046]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2), Stats., interpreting ss. 30.03, 227.12, 227.41, 227.42, 227.44, 227.45, 227.47, 281.17 (3) and (5), 281.19, 281.20, 285.83 (1), 289.95, 289.97 (1), 291.87, 291.89, 291.95 (1), 292.11 (4) and (7) (c), 293.15 (3), 293.83, 299.21 and 299.91, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 2, Wis. Adm. Code, relating to procedures for obtaining and conducting both contested case and noncontested case administrative hearings.

The proposed rules modify the procedures for petitioning the Department for a hearing. Under the proposed modifications, petitions submitted by facsimile is being added. The date petitions are considered to have been made is being proposed to be the date received by the Department. While this approach is legally acceptable, it is less common than - for mailed petitions - the date the petition was mailed. With present technology and the internal Departmental practice of stamp dating mail on receipt, this procedure should reduce disputes regarding when service on the Department was accomplished. Service of pleadings in contested case hearings tracks the Division of Hearings and Appeals preference of using the day of mailing unless the postmark is illegible.

Two provisions are proposed with respect to contested case hearing procedures. One clarifies the responsibilities of parties with respect to burdens of proof and the order of providing evidence. The second places limitations on the extent of discovery in normal situations, but allows for additional discovery at the discretion of the administrative law judge who is presiding over the case.

Finally, the Department is proposing changes in the procedures for making confidential determinations. The proposed changes mostly relate to elimination of a preliminary determination. That procedure is administratively cumbersome while having engendered almost no public interest since first appearing in the code.

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:

Tuesday, May 14, 2002 at 1:30 p.m.

Room 027, GEF #2,

101 South Webster Street, Madison, WI

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 Charles Hammer at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed revisions to ch. NR 2, Wis. Adm. Code leave much of the existing provisions in place and should result in no discernable change is fiscal impacts.

Written comments on the proposed rule may be submitted to Mr. Charles Hammer, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 no later than May 24, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate is available from Mr. Hammer.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)

[CR 02-044]

NOTICE IS HEREBY GIVEN that pursuant to ss. 350.137 (1) and 227.11 (2) (a), Stats., interpreting ss. 350.137 to 350.139 and 350.1395, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 6, Wis. Adm. Code, relating to snowmobile rail crossings. The proposed rules include:

1. Distinctions in the areas of responsibility for construction and maintenance between the snowmobile organization and the rail authority.

2. Repeal major sections on construction materials and their installation.

3. Establish sign specifications and posting distances for signs used at the crossing and prior to the crossing.

4. Describe construction scheduling and supervision responsibilities for both a snowmobile organization and a rail authority.

5. Further clarify the obligations of a snowmobile authority regarding the purchase of liability insurance to indemnify a rail authority.

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:

Thursday, May 16, 2002 at 1:00 p.m.

Prairie Room, Portage County Courthouse

1001 Main Street

Stevens Point

Friday, May 17, 2002 at 10:00 a.m.

Room 511, GEF #2

101 South Webster Street

Madison

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 Larry Freidig at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

A previous fiscal note was prepared in 1995. From a fiscal standpoint, there are several changes that will occur as a result of the modifications to the law and rule. First, for permitted crossings, the snowmobile organization will no longer be responsible for the actual cost of construction of the crossing between the rails and extending 4 feet outward from each outer rail. The snowmobile organization will be responsible for the costs of installing approaches, signs and gates. This will result in a reduction in the estimates of cost to snowmobile organizations from an average of $6,000 per crossing to an estimate of $500 per crossing. In addition, the snowmobile organization will have to pay the railroad a one-time fee of $1,500 for the construction and use of the crossing. The previous fiscal note estimated a total of 3 permitted crossings will be constructed each year and that the funding will likely come from the snowmobile trail aids appropriations. This will reduce the estimate of aids to organizations from $18,000 (in the 1995 estimate) to $6,000.

Secondly, the Department will no longer be reviewing plans for crossing detail since that engineering task will belong to the rail authority. Additionally the involvement of the Community Services Specialist 3 will be reduced in scope to maintaining a listing of permitted and established crossings and consulting with snowmobile organizations regarding applications and interpretation of administrative rules. On an annual basis this will take less than 40 hours and result in less than $1,500 for salary and fringe. It is not known what impact on Department staff time the potential for contested cases hearing will yield. In the 1995 estimate, the Department assumed that 1.0 FTE and $43,500 would be needed to cover the work of the plan reviews and the application process. Now the workload will be absorb in the Department's budget. The cost of maintaining permitted and established crossings will be absorbed within the $250 per mile of maintenance funds awarded to counties sponsoring miles of public snowmobile trail.

As the previous fiscal note pointed out, there will be a limited source of revenue to the Department. A fee of $150 is required for an application for a crossing permit. Based on the estimate of 3 permit applications, this will generate $450 annually.

Written comments on the proposed rule may be submitted to Mr. Larry Freidig, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than May 22, 2002.

Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Freidig.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)

[CR 02-047]

NOTICE IS HEREBY GIVEN that pursuant to ss. 77.06 (2), 77.91 (1) and 227.11 (2) (a), Stats., interpreting ss. 77.06 (2) and 77.91 (1), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 46.30 (2) (a) to (c), Wis. Adm. Code, relating to stumpage values of wood products cut from Forest Crop Law and Managed Forest Law lands during the period from November 1, 2002 through October 31, 2003. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average price change for sawtimber is a 2.85% increase over current rates. The pulpwood prices are, on the average, increased 8.63%.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 277.114, Stats., the proposed rule may hae an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop Law and Managed Forest Law.

b. Description of reporting and bookkeeping procedures required: No new procedures.

c. Description of professional skills required: No new skills.

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:

Monday, May 13, 2002 at 11:00 a.m.

Birch Room, Wausau City Hall

407 Grant Street

Wausau, WI

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 Ken Hujanen at [phone] 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. Ken Hujanen, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than May 17, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate is available from Mr. Hujanen.

Fiscal Estimate

The new 2003 stumpage rate schedule includes an average 2.85% increase in sawtimber prices and an increase of 8.63% in cordwood prices. The severance and yield tax collection in CY 2001 was $1,173,746.76. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 2.85% increase in sawtimber prices will produce an increase in gross revenue of about $6,690. An 8.63% increase in cordwood values will generate an increase of $81,035 in revenue. The net result would be an increase of $87,725. The gross receipts are shared between the municipality and state, with each receiving approximately 50%. The municipality in turn shares 20% of their receipts with the county.

The net fiscal effect of the rule change will be about $43,863 increase in state revenue and a $43,863 increase in local revenue. The state revenue received from severance and yield taxes are deposited in the Forestry account of the Conservation Fund.

Notice of Hearing

Workforce Development
(Workforce Solutions, Chs. DWD 11-59)

[CR 02-050]

NOTICE IS HEREBY GIVEN that pursuant to ss. 20.901, 49.143 (2) (c), 49.145 (1), 49.145 (2) (c), 49.145 (2) (f), 49.145 (2) (n), 49.147 (5) (b) 2., 49.33, 103.005 (17), and 227.11, Stats.; ss. 49.145 (3), 49.147 (4) (am), and 49.147 (5) (bm), Stats., as amended by 2001 Wis. Act 16; and s. 49.1473, Stats., as created by 2001 Wis. Act 16, the Department of Workforce Development proposes to hold a public hearing to consider rules relating to Wisconsin works.

Hearing Information

Monday, May 13, 2002 at 1:00 p.m.

GEF 1 Building, Room B103

201 E. Washington Avenue

Madison

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 [phone] 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

Domestic abuse screening and training. The proposed rule implements the requirement in 2001 Wis. Act 16 that W-2 agencies screen W-2 applicants and participants for domestic abuse and train W-2 agency employees in domestic abuse issues. The domestic abuse screening will be implemented as part of a comprehensive screening of each applicant and participant for mental health, learning disabilities, substance abuse, traumatic brain injury, and domestic abuse.

For the purposes of the screening and training provision, “domestic abuse" includes acts that affect the individual or the individual's dependent child and are engaged in by a spouse or former spouse, an adult with whom the individual has or had a dating relationship, an adult with whom the person has a child in common, an adult or minor family member, or an adult or minor with whom the person resides or formerly resided. The acts include physical acts that result in injury; sexual abuse; threats of, or attempts at, physical or sexual abuse; emotional abuse; verbal abuse; deprivation or destruction of physical or economic resources; neglect or deprivation of medical care; forced isolation; and stalking or harassment. The W-2 agency will use the screening instrument to assess the potential that the individual or the individual's dependent child is or has been a victim of domestic abuse or is at risk of further domestic abuse. The screening will occur during the initial employability planning process for applicants and during the next review or change of employment placement for current participants. A W-2 agency may also administer a domestic abuse screening to a W-2 participant if the agency worker has reason to believe that the participant may need domestic abuse services. A W-2 agency employee shall attend the department's 12-hour training on domestic abuse prior to administering a domestic abuse screening instrument to a W-2 applicant or participant.

If a W-2 agency identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the W-2 agency shall provide the individual with information on community–based domestic abuse services. The information that a W-2 agency gives to an individual on community-based domestic abuse services shall be provided orally and in writing; current and updated as necessary; culturally appropriate for the individual participant; and provided in languages other than English as appropriate, in accordance with the W-2 contract requirements under s. 49.143 (2), Stats. The information shall include information on local providers of shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. If the individual elects to receive counseling or supportive services, the W-2 agency shall provide appropriate community–based referrals. A W-2 participant may refuse to be screened for domestic abuse or may refuse information on or referrals to community-based domestic abuse services without sanction. Participation in the domestic abuse screening and information and referral process may not be a condition of eligibility for a W-2 participant.

W-2 transitions extensions. The proposed rule specifies the criteria for an extension of the 24-month time limit for W-2 transitions placement. Section 49.147 (3) (c) and (4) (b), Stats., provide criteria for determining eligibility for an extension for trial job and community service job placements, but s. 49.147 (5) (b) 2., Stats., provides no criteria for determining eligibility for an extension for a W-2 transitions placement. The department proposes that the W-2 transitions time limit may be extended on a case–by–case basis by the department or by the Wisconsin works agency with the approval of the department if the participant has made all appropriate efforts to find unsubsidized employment by participating in all assigned activities and significant barriers prevent advancement to a higher W-2 employment position or unsubsidized employment.

Qualified alien. The definition of qualified alien for purposes of W-2 nonfinancial eligibility is amended to reflect changes in federal law. The federal statutory scheme provides that to be eligible for a program funded by a Temporary Assistance to Needy Families (TANF) grant an individual must be a U.S. citizen, a national of the United States, or a qualified alien. Under federal law certain categories of aliens may be eligible for TANF, certain categories of aliens may not be eligible for TANF, and a state may choose to serve certain categories of aliens but may not use federal money. The department has chosen to use state maintenance of effort funds to serve as many categories of qualified aliens as are permitted under federal law. Relevant federal law may be found at 8 USC 1611, 8 USC 1612, 8 USC 1613, 8 USC 1641(b), 22 USC 7105, and 8 CFR 289.2.

Training rules. Chapter DWD 17 is amended to reflect the deletion of Wisconsin Works from the statutory definition of income maintenance program at s. 49.33, Stats., pursuant to 2001 Wis. Act 16. Under s. 49.33 (3), Stats., the department retains authority for the promulgation of rules establishing standards of competency, including training requirements, for income maintenance workers. With the transfer of the food stamp program to the Department of Health and Family Services that will be effective July 2002, there will be no income maintenance programs otherwise within the authority of DWD. Pursuant to s. 20.901, Stats., the department proposes to cooperatively share authority for the training of workers in the income maintenance programs under the responsibility of the Department of Health and Family Services and delegate authority to promulgate rules establishing standards of competency and training requirements for income maintenance workers to the Department of Health and Family Services. The rules promulgated by the Department of Health and Family Services would supercede the provisions affecting income maintenance workers in ch. DWD 17 upon their effective date.

Chapter DWD 17 is also amended to create a training requirement for W-2 resource specialists who perform application entry, provide an initial assessment of a potential W-2 applicant's needs, make referrals to service providers, or evaluate an individual's need for W-2. Training for resource specialists will include 6 hours on domestic abuse awareness.

The definition of financial and employment planner (FEP) is clarified to state that for purposes of the training requirements a FEP means a case manager employed by a W-2 agency who determines eligibility, assists in the process of determining eligibility, or performs case management functions.

Miscellaneous statutory updates. Other amendments made to reflect statutory changes include:

• Addition of employer-sponsored training to the education or training activities allowed under W-2 community service job and W-2 transitions placements.

• Exclusion of student financial aid in determining W-2 financial eligibility.

• Amendment of s. 49.145 (2) (n), Stats., on extending the 60-month TANF time limit.

• Extension of child support cooperation requirements to noncustodial parents.

• Repeal of language referring to s. 49.21, 1997 Stats., regarding fair hearings.

References to ch. DWD 11 in ch. DWD 12, relating to the Aid to Families with Dependent Children program, have been deleted because that chapter has been repealed.

Initial Regulatory Flexibility Analysis

Privately-run W-2 agencies may be affected by the rule in the same manner as described for counties under the screening and training subparts of the “fiscal impact" heading.

Fiscal Impact

1. Screening. The department is contracting with the UW-Milwaukee Center for Addiction and Behavioral Health Research for development of the comprehensive screening tool for a cost of $45,000. There will also be some costs associated with changes to the CARES automation system that are not known at this time.

The comprehensive screening tool may result in an increased number of referrals for assessments and increased need for special services, resulting in increased cost to county W-2 agencies.

2. Qualified alien. The department estimates that the expansion of eligibility for W-2 and child care to aliens who are legally present and authorized to work by the INS will result in a monthly increase in each program of 8 cases. This is an annual cost of $64,608 for W-2 and $70,000 for child care. The cost for qualified aliens receiving W-2 or child care is covered by state maintenance of effort funds.

3. Training. Under the statutory framework in place when the current ch. DWD 17 was promulgated, W-2 was considered an income maintenance program and workers in W-2 agencies were “income maintenance workers." The current chapter DWD 17 relies on the statutory definitions of “income maintenance worker" and “financial and employment planner" to determine which W-2 workers are required to receive training under ch. DWD 17. Section 49.33 (1) (c), Stats., defined an “income maintenance worker" as a person “whose duties include determinations or redeterminations of income maintenance program eligibility" and s. 49.141, Stats., defines a “financial and employment planner" as a caseworker “who provides financial or employment counseling services to a participant."

Under 2001 Wis. Act 16, W-2 is no longer an income maintenance program and the statutory definition of income maintenance worker has been repealed. The proposed rule defines the training requirements for W-2 workers based on important job duties performed in W-2 agencies. The rule specifies a training requirement for resource specialists, who are defined as workers who perform application entry, provide an initial assessment of a potential W-2 applicant's needs, make referrals to service providers, or evaluate an individual's need for W-2. It is currently unclear whether resource specialists are covered by the rule with the “income maintenance worker" definition as the determining criteria. The proposed rule also creates a definition of “financial and employment planner" based on job duties for which the department believes it is critical that W-2 workers receive the training designed for the financial and employment planners. The rule defines a “financial and employment planner" as a case manager “who determines eligibility, assists in the process of determining eligibility, or performs case management functions." It has been difficult to apply the current statutory definition of “financial and employment planner" to determine who should receive training in agencies where workers have other job titles.

The rule specifies new criteria that determine which workers are covered by the training requirements. This may result in some increased costs for counties that will be required to train workers who would not be clearly covered by the current rule.

Contact Information

The proposed rules are available on the DWD web site at http://www.dwd.state.wi.us/dwd/hearings.htm. 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

[phone]

[e-mail]

Written Comments

Written comments on the proposed rules received at the above address no later than May 15, 2002, will be given the same consideration as testimony presented at the hearing.