SECTION 2. DOC 328.045(1) , (2) (intro) and (2)(c) are amended to read:
DOC 328.045 Medium, maximum and high riskOffenders under supervision by the department.
(1) OFFENDER PAYMENT. An offender on medium supervision as defined under s. DOC 328.04(4) (b) or maximum supervision as defined under s. DOC 328.04(4)(a) or high riskwho is under supervision by the department shall pay a supervision fee.
(2) SUPERVISION FEE. The department shall set a supervision fee for an offender based on the offender's ability to pay with the goal of receiving at least $1 2 per day, if appropriate, and shall do all of the following:
(c) Charge a supervision fee according to the following table:
Table DOC 328.045
Category Gross Monthly Income Supervision Fee   Maximum Rate
I $0-599.99800.00 $10.0020.00 $30.00
II $600.00 or more801.00-1,500.00 $ 30.0040.00 45.00
III $1,501.00 or more $60.00
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
In FY 01 the DOC collected $5,884,800 in supervision fees. This revenue is used to provide a variety of essential Division of Community Corrections (DCC) services including rent, vehicles for home visits, extradition of absconders, and upgrading computers utilized by DCC staff.
According to the new rule, offenders at all supervision levels will pay according to one supervision-fee scale. The new fee schedule will range from $20 to $60 per month depending on an offender's monthly income. DOC may exempt offenders from the fee schedule if the offender meets certain criteria. It is estimated that the new fee schedule will generate an additional $5,884,800 annually in supervision fee revenue. (A full copy of the fiscal estimate may be obtained through the contact person listed below.)
Contact Person
Julie Kane (608) 240-5015
Office of Legal Counsel
P.O. Box 7925
Madison, WI 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than August 5, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Financial Institutions - Division of Securities
NOTICE IS HEREBY GIVEN that pursuant to sections 551.63 (1) and (2), 551.27 (10), 551.32 (1) (a), (b), (c), (1s), (4), (7) and (8), and 551.33 (6), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4th Floor Conference Room, at 10:00 a.m. on Tuesday, August 20, 2002 to consider the adoption, amendment and repeal of rules in connection with its annual review of the administrative rules of the Division of Securities relating to the operation of ch. 551, Stats., the Wisconsin Uniform Securities Law.
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison Wisconsin, 53701.
Statutory Authority: ss. 551.63 (1) and (2), 551.27 (10), 551.32 (1) (a), (b), (c), (1s), (4), (7) and (8), and 551.33 (6), Stats.
Statutes Interpreted: ss. 551.27 (10), 551.32 (1) (a), (b), (c), (1s), (4), (7) and (8), and 551.33 (6), Stats.
Analysis Prepared by the Division of Securities
The rulemaking procedures under ch. 227, Stats. are being implemented for the purpose of effectuating the Division's annual review of the Rules of the Division of Securities. The Division's annual rule revision process for 2002 is conducted for the following purposes: (1) Adopting new rules or amending existing rules, relating to the securities broker-dealer, agent, investment adviser, and investment adviser representative licensing provisions, to thereby effectively regulate new securities licensing developments that have occurred in the securities industry and marketplace that require regulatory treatment; (2) Repealing certain now-outdated interim rule provisions (or sections thereof) promulgated in 2001 that, at the time, established deadlines for filing initial and renewal license applications with the Division by investment advisers and investment adviser representatives using the national, electronic database of the Investment Adviser Registration Depository; and (3) Adding several recent or newly-amended North American Securities Administrators Association (“NASAA") securities registration policies to the current list of NASAA securities registration policies contained in existing rule s. DFI-Sec 3.03 (4), because the disclosure related provisions of such policies may be used by the Division for purposes of reviewing the adequacy of prospectus disclosures in securities registration applications filed with the Division.
A summary of the subject matter and nature of the more significant of the rule revisions follows:
1. Providing for the electronic filing procedure for licensure in Wisconsin of investment adviser representatives using the national, electronic database of the Central Registration Depository made available for use by all states as of March 2002.
2. Creating new subsections under the Licensing Period rules in s. DFI-Sec 4.07 (2) for securities agents and in s. DFI-Sec 5.07 (2) for securities agents qualified to perform the functions of an investment adviser representative, relating to the failure to comply with continuing education requirements recently adopted by the National Association of Securities Dealers (“NASD") and national securities exchanges, to provide that a license is not effective if the person's status with the NASD or a national securities exchange is deficient for failure to meet continuing education requirements.
3. Amending the language in a number of existing licensing procedure rules to clarify that initial and renewal licenses of investment advisers remain subject to filing under the Investment Adviser Registration Depository.
4. Repealing certain now-outdated interim rule provisions (or sections thereof) promulgated in 2001 that, at the time, established deadlines for filing initial and renewal license applications with the Division by investment advisers and investment adviser representatives using the national, electronic database of the Investment Adviser Registration Depository.
5. Adding to the current list of NASAA securities registration policies contained in existing rule s. DFI-Sec 3.03 (4), Wis. Adm. Code, that may be used by the Division for purposes of reviewing the adequacy of prospectus disclosures in securities registration applications filed with the Division, the NASAA Statements of Registration Policy relating to Mortgage Program Guidelines, Omnibus Guidelines, General Obligation Financing by Religious Denominations/Church Extension Fund Guidelines, and the amended version of the NASAA Statement of Policy Regarding Church Bonds as adopted by the NASAA membership in April, 2002.
Each Section that adopts, amends or repeals a rule is followed by a separate Analysis which discusses the nature of the revision as well as the reason for it.
A copy of the entirety of the proposed rule revisions to be considered may be obtained upon request to the Division of Securities, Department of Financial Institutions, 345 West Washington Avenue, 4th Floor, P.O. Box 1768, Madison, Wisconsin 53701. Additionally, the full text of the proposed rule revisions is available on-line at the DFI Website: www.wdfi.org/securities&franchising.
Fiscal Estimate
Types of small businesses that could be affected by certain of the rule revisions are:
Broker-dealer and investment adviser licensees under the Wisconsin Uniform Securities Law with fewer than 25 full-time employees who meet the other criteria of s. 227.114 (l) (a), Stats. The proposed revisions to the securities broker-dealer and investment adviser Rules of Conduct provisions are applicable equally to all broker-dealers and investment advisers because the requirements involved are for the protection and benefit of Wisconsin customers of those firms. All Wisconsin customers of securities broker-dealers and investment advisers are entitled to the public investor protection benefits of the licensing Rules of Conduct requirements, irrespective of the size of the firm providing the securities services. Under the rule revision procedure of the Division of Securities, a copy of the proposed rule revisions is mailed to each broker-dealer licensed in Wisconsin, as well as to each investment adviser licensed or notice-filed in Wisconsin, notifying them of the proposed revisions and soliciting written comments or attendance at the public hearing regarding the proposed rules.
A summary of the fiscal effects of the proposed rule revisions is as follows: (i) No one-time revenue fluctuations; (ii) No annual fiscal effects; (iii) No long-range fiscal implications; (iv) No fiscal effect on local units of government.
Initial Regulatory Flexibility Analysis:
1. Types of small businesses that could be affected by certain of the rule revisions are:
Broker-dealer and investment adviser licensees under the Wisconsin Uniform Securities Law with fewer than 25 full-time employees who meet the other criteria of s. 227.114 (l) (a), Stats. The proposed revisions to the securities broker-dealer and investment adviser Rules of Conduct provisions are applicable equally to all broker-dealers and investment advisers because the requirements involved are for the protection and benefit of Wisconsin customers of those firms. All Wisconsin customers of securities broker-dealers and investment advisers are entitled to the public investor protection benefits of the licensing Rules of Conduct requirements, irrespective of the size of the firm providing the securities services. Under the rule revision procedure of the Division of Securities, a copy of the proposed rule revisions is mailed to each broker-dealer licensed in Wisconsin, as well as to each investment adviser licensed or notice-filed in Wisconsin, notifying them of the proposed revisions and soliciting written comments or attendance at the public hearing regarding the proposed rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No reporting, bookkeeping, or other procedures applicable to broker-dealers or investment advisers were added in this rulemaking package. In contrast, certain existing investment adviser reporting requirements (relating to filing with the Division copies of an investment adviser's federal Form ADV) were repealed.
Contact Person
A copy of the full text of the proposed rule revisions and fiscal estimate may be obtained from:
Randall E. Schumann - (608) 266-3414
Legal Counsel for the Division of Securities
Department of Financial Institutions
345 West Washington Avenue, 4th Floor
P. O. Box 1768
Madison, WI 53701
Additionally, the full text of the proposed rule revisions is available on-line at the DFI Website:
www.wdfi.org/securities&franchising.
Notice of Hearing
Public Instruction
[CR 01-069]
NOTICE IS HEREBY GIVEN That pursuant to ss. 115.996, 118.30 (2) (b) 2., and 227.11 (2) (a), Stats., and interpreting subch. VII of ch. 115 and 22. 118.30 and 121.02 (1) (r), Stats., the Department of Public Instruction will hold a public hearing as follows to consider the repeal of chs. PI 13 and 16 and recreation of ch. PI 13, relating to limited-English proficient pupils. The hearing will be held as follows:
Date and Time and Location
July 30, 2002   Madison
4:00 - 5:00 p.m.   GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access this meeting, please call Timothy Boals, Education Consultant, Bilingual/ESL programs, at (608) 267-1290 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule is available on the internet at http://www.dpi.state.wi.us/dpi/dfm/pb/leprule.html. A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than August 2, 2002, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
On June 12, 2001, the department submitted modifications to Chapter PI 16, Wis. Admin. Code, relating to testing of pupils with limited-English proficiencies and disabilities (CHR 01-069). However, as a result of on-going negotiations with the U. S. Department of Education, the department is now making germane modifications to CHR 01-069. The following paragraphs describe the original rule proposal (CHR 01-069) and the modifications made to CHR 01-069:
Original Rule Proposal (CHR 01-069):
Under s. 118.30, Stats., the state superintendent must adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, and 10th grades. Currently, the rules establish criteria and procedures to determine whether a pupil with limited-English proficiency (LEP) or a pupil having an exceptional educational need or EEN (now referred to as child with a disability) may be exempt from taking a test under s. 118.30, Stats.
The proposed rules:
Repeal the criteria and procedures relating to testing children with disabilities. In 1998, the legislature made sweeping changes to the statutes regarding special education for children with disabilities. The legislature also repealed most state rules regarding special education contained in ch. PI 11, Wis. Adm. Code. The reduction in state rules was intended to eliminate conflicts between the rules and the new state statute and federal law. In addition, in an effort to reduce regulatory complexity and potential incongruence between state rule and federal law, the department eliminated rules in areas adequately addressed by state statute or federal law. Because the provisions in the current rule under ch. PI 16 conflict with provisions in state statute and federal law, the proposed rule repeals the subchapter relating to testing children with disabilities. New rule language in this area is not necessary because testing and assessment issues relating to children with disabilities are already comprehensively addressed in state and federal special education statutes and regulations.
Ensure that all LEP pupils participate in the Wisconsin Knowledge and Concept Examinations (WKCE) unless it is determined, on a case by case basis, that such tests would not be a valid and reliable indicator of the pupil's academic knowledge and skills. The statutes require the state superintendent to set criteria by rule, regarding the testing of LEP pupils. The current rules conflict with federal regulations under the Elementary and Secondary Education Act because the rules automatically exempt LEP pupils at lower English proficiency levels from taking any of the Wisconsin Knowledge and Concept Examinations (WKCE).
Ensure that LEP pupils who do not participate in the WKCE are provided with a department-approved alternate assessment.
Clarify that exempting a pupil from taking the WKCE may not be used as the sole criterion in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for postsecondary education opportunities. Current rule language could be interpreted to require school districts to promote or graduate an LEP pupil if the pupil is exempt from taking a standardized test.
Clarify that the criteria under this chapter also apply to the 4th grade test administered under s. 118.30, Stats. At the time the rules were originally developed, only the 8th and 10th grade tests were being administered under s. 118.30, Stats. Since that time, the 4th grade test was added to the WKCE administered under s. 118.30, Stats., and the rules should be changed accordingly.
Change the term “limited-English speaking" to “limited-English proficient" to be consistent with statutory terminology under s. 115.955 (7), Stats.
Modifications to CHR 01-069:
In December 2000, the department received correspondence from the U. S. Department of Education relating to certain aspects of Wisconsin's assessment system that “must be addressed in order for Wisconsin to remain eligible to receive Title I funds." Wisconsin receives more than $130 million annually in Title I funds. The following is a summary of the department's plan, in part, to fully implement the assessment and accountability provisions under Title I through a timeline waiver agreement with the U.S. Department of Education:
The department will work with school districts to increase the number of LEP pupils participating in the state assessment system (WKCE and WRCT).
All students will be included in the assessment system, either by participation in the state assessments (with or without accommodations) or by participation in alternate assessments, with results incorporated into school and district accountability determinations.
Additional accommodations will be provided, and administrative rules will be modified to ensure that all LEP pupils are appropriately assessed.
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.