7. Life safety, design and construction:
The Department proposes to amend s.
HFS 132.812 (1) to reflect changes to the state building code promulgated by the Department of Commerce. Specifically, chs.
Comm 50 to
64 and
69 have changed to chs.
Comm 61 through
65. In addition, the federal Centers for Medicare and Medicaid Services (CMS) formally adopted by reference the 1985 edition of the Life Safety Code. However, the 1985 edition is not reflected in existing s.
HFS 132.82. The Department proposes to amend the rules to reference the 1985 edition of the Life Safety Code.
The provisions in s.
HFS 132.84 regarding staff work stations and communication systems need to be updated to allow nursing facilities to incorporate modern design, new program concepts and current technology in the facility environment. Specifically, the Department is proposing to amend the provisions in s.
HFS 134.84 (3) (c) and
(d) that require the nurse station to be centrally located. The Department also proposes to modify the prescriptive requirements for a hard-wired nurse call system in s.
HFS 134.84 (4). Amending this provision will allow for alternative resident and staff communications systems that are listed and approved by a nationally recognized testing laboratory.
Statutory authority
The Department's authority to promulgate these rule changes is found in s.
50.02 (2) (a), Stats.
Staff time required
The Department estimates it will take approximately six months and 240 hours of staff time to draft the proposed revisions to ch.
HFS 132. During this period, Bureau of Quality Assurance staff will develop and review the proposed changes with a variety of internal and external parties.
Public Service Commission
Subject
Administrative rules relating to the construction and placing into operation of facilities by natural gas utilities. These provisions are in ch.
PSC 133, Wis. Adm. Code.
Policy Analysis
The Commission will consider revisions designed to update rules governing the construction and placing into operation of facilities by natural gas utilities. The current rules chapter sets out when a certificate of authority is required before a natural gas utility may construct facilities, what information is required in an application for a certificate and the procedure for processing an application. The current rules also require a certificate of authority when a natural gas utility seeks to extend service into a new municipality.
The current chapter has not been the subject of a complete review since 1959. Revising the conditions under which a certificate of authority is required will update project code dollar thresholds that trigger the requirement and modernize other conditions that may trigger the requirement.
Statutory authority
Staff time required
The Commission estimates that fewer than 200 hours of staff time will be required to develop the rules. No additional resources are likely to be needed in order to complete this project.
Transportation
Subject
Objective of the rule. The Division of Motor Vehicles accommodates persons who have a disability that limits or impairs the ability to walk. Disabled persons may receive a portable disabled parking identification placard, which allows parking in a specially reserved parking space. Disabled persons pay a fee of $6 per placard, which is good for 4 years. A number of class action lawsuits have been filed against states (including Wisconsin) that charge a fee for disabled parking identification placards. These lawsuits allege that the practice of charging a fee for disabled parking identification placards violates the Americans with Disabilities Act (ADA). A settlement ended the Wisconsin lawsuit. Judge Nichol signed an order dismissing the case. Jason, et al. v. Wisconsin DOT, Case No. 97-CV-3137, Dane County Circuit Court, April 15, 2002. The Department proposes to discontinue charging the placard fee on July 1, 2003, by amending ch.
Trans 130.
Policy Analysis
Currently, DMV charges $6 for a disabled parking placard, which is good for 4 years, as authorized by s.
343.51 (1), Stats., and s.
Trans 130.04 (1), Wis. Adm. Code. Pursuant to a court order and stipulation, DMV will discontinue charging a fee for permanent placards effective July 1, 2003.
Statutory authority
Staff time required
50 hours.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding 5 highway segments to the network and removing 1 segment. The actual segments being proposed to add to the network are:
STH 121 from USH 53 in Pigeon Falls to STH 95
STH 164 from I-43 to STH 36
STH 20 from STH 36 to I-94
STH 28 from STH 57 to STH 32
STH 28 from STH 32 in Sheboygan Falls to I-43 in Sheboygan
The segment proposed to be removed from the designated long truck route network is:
STH 32 from STH 28 to STH 23
Policy Analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to deal with changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received a requests from Best Express, LLC in Osseo, Carol's Permit Service, Inc., in Big Bend, Kreilkamp Trucking, Inc., and the City of Sheboygan Falls to add these highway segments. The City of Sheboygan Falls requested the removal of the above-mentioned segment.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Veterans Affairs
Subject
Creation of ch.
VA 16 of the Wis. Adm. Code - Relating to the award of grants to counties that are not served by transportation services provided by the Wisconsin Department of Disabled American Veterans for the purpose of developing, maintaining, and expanding transportation services for veterans.
Objective of the rule. The proposed rule would specify the application procedures and eligibility criteria for transportation grants to counties not provided transportation services by the Wisconsin Department of Disabled American Veterans.
Policy Analysis
Through the enactment of
2001 Wis. Act 16, the Department of Veterans Affairs was directed to provide an annual grant of $100,000 to the Wisconsin Department of Disabled American Veterans for the purpose of providing transportation services to veterans. The Department of Veterans Affairs was also directed to promulgate rules for the annual disbursement of an additional $100,000 among those counties not receiving transportation services from the Wisconsin Department of Disabled American Veterans. The proposed rules will identify the application procedures counties must follow and establish the eligibility criteria so that the $100,000 can be equitably distributed among the eligible counties.
Statutory authority
Staff time required
Approximately 80 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules. Additionally, under section
9157 (7e) of
2001 Wis. Act 16, the Department of Veterans Affairs is directed to work jointly with the Department of Administration to develop the most cost-effective methods of providing transportation services for veterans. Accordingly, additional staff time will be required at the Department of Administration for review of the proposed rules.
Workforce Development
Subject
DWD 80, Worker's compensation technical corrections.
Policy Analysis
There are no policy changes proposed. The rule will make the following technical corrections:
• Update a reference to a renumbered statute in s. DWD 80.05 (1).
• Update s.
DWD 80.21 (4) regarding notice deadlines for hearing testimony on a wage earning impairment to comply with s.
102.17 (7) (b), Stats.
Statutory authority
Staff time required
35 hours.
