Register 566B: Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 566, 2/28/2003

Rule-making notices

Notice of Hearing

Commerce
(Mechanical Refrigeration, Ch. Comm 45)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15) (h) to (j), 101.17 and 101.177, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to mechanical refrigeration.

The public hearing will be held as follows:

Date, Time and Location

Wednesday, March 19, 2003 at 10:00 p.m.

Room 3C, Thompson Commerce Center

201 West Washington Avenue

Madison

Analysis prepared by the Department of Commerce

Statutory Authority: Sections 101.02 (15)(h) to (j), 101.17 and 101.177, Stats.

Statutes Interpreted: Sections 101.02 (15)(h) to (j), 101.17 and 101.177, Stats.

The Division of Safety and Buildings within the Department of Commerce is responsible for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Chapter Comm 45 contains minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of mechanical refrigeration systems.

The proposed rules consist of a complete update of ch. Comm 45 in order to bring the chapter up to date with current technology and nationally recognized standards. The current ch. Comm 45 is basically a rewritten version of a previous edition of the Safety Code for Mechanical Refrigeration, ASHRAE 15, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). The proposed rules require compliance with the 2000 edition of the International Mechanical Code (IMC), as incorporated by reference in the new Wisconsin Commercial Building Code. The proposed rules also include most of the requirements from the current edition of the ASHRAE 15 standard as well as the IIAR 2 standard published by the International Institute of Ammonia Refrigeration, as referenced in the IMC. The proposed new ch. Comm 45 contains basically the same administration and enforcement provisions as the current chapter.

The proposed rules have been developed with the assistance of the Mechanical Refrigeration Code Advisory Council. The members of that citizen advisory council are as follows:

Name Representing

Jeffrey G. Boldt Madison Chapter ASHRAE

John Brenton Wisconsin Assn. of Meat Processors

Brady Farrell Mechanical Contractors Assn. of WI

David Guckelberger Air-Conditioning & Refrigeration Institute

Gary Hammen Wisconsin State AFL-CIO

Al Mlakar Sheet Metal & Air-Conditioning Contractors Assn.

Randy S. Pucek City of Milwaukee

Frederick Weidenfeller II Vilter Manufacturing Corp.

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 April 2, 2003, 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 (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

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 rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Environmental Analysis

Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearing. Requests for the EA and comments on the EA should be directed to:

Ronald Acker

Division of Safety and Buildings

Department of Commerce

P.O. Box 2689

Madison, Wisconsin 53701-2689

Telephone (608) 267-7907

or TTY (608) 264-8777

Written comments will be accepted until April 2, 2003.

Initial Regulatory Flexibility Analysis:

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

The rules will affect any business involved with the design, construction, installation, operation, inspection, repair or maintenance of mechanical refrigeration systems.

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

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

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

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

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing ch. Comm 45. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 45. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Notice of Hearing

Commerce
(Petroleum Products, Ch. Comm 48)

[CR 03-011]

NOTICE IS HEREBY GIVEN that pursuant to ss. 168.04, 168.07 (2) and 168.16 (4), Stats., the Department of Commerce will hold a public hearing on proposed rules relating to petroleum products.

The public hearing will be held as follows:

Date, Time and Location

Wednesday, March 19, 2003 at 1:00 p.m.

Room 3C, Thompson Commerce Center

201 West Washington Avenue

Madison

Analysis prepared by the Department of Commerce

Statutory Authority: Sections 168.04, 168.07 (2) and 168.16 (4), Stats.

Statutes Interpreted: Sections 168.04, 168.07 (2) and 168.16 (4), Stats.

The Environmental and Regulatory Services Division within the Department of Commerce is responsible for the inspection of petroleum products that come into the state of Wisconsin. The petroleum products must meet minimum product grade specifications as prescribed by rule by the Department. The product grade specifications are contained in ch. Comm 48.

The proposed rules consist of a complete update of ch. Comm 48. The current ch. Comm 48 contains tables listing product grade specifications that petroleum products must meet. The proposed rules remove the tables from ch. Comm 48 and replace them with the incorporation by reference of specification standards published by the American Society for Testing and Materials (ASTM). The ASTM specification standards are adopted for fuel oils, gasoline, diesel fuel oil, kerosene and biodiesel fuel. The standards are adopted as written, except for one modification to the specifications for diesel fuel oil. The flash point temperature for No. 2 diesel fuel oil is changed to 100 degrees Fahrenheit instead of the 125 degrees in the ASTM standard. The proposed rules contain several other miscellaneous changes for consistency with the Statutes.

The proposed rules have been developed with the assistance of the Petroleum Products Code Advisory Committee. The members of that citizen advisory committee are as follows:

Name Representing

Don DeMaster Wisconsin Small Engine Consortium

Robert S. Elvert Wisconsin Petroleum Council

Curt Heller Wisconsin Federation of Cooperatives

Greg Klimek Wisconsin Motor Carriers Association

Tony Wanta National Petrochemical & Refiners Association

Gary Welch Renewable Fuels Association

Ed Wolf Petroleum Marketers Association of

Wisconsin

Copies of the proposed rules may be obtained without cost from Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, Email racker@commerce.state.wi.us, telephone (608) 267-7907 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

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.

Initial Regulatory Flexibility Analysis:

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

The proposed rules will affect any business that brings petroleum products into the state.

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

In addition to the reporting and bookkeeping requirements of the current code, the proposed rules contain a new requirement for reporting on shipping papers the percentages of petroleum-source diesel fuel and non-petroleum-source diesel fuel when mixtures of these fuels are distributed.

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

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

Fiscal Estimate

The Environmental and Regulatory Services Division is responsible for administering and enforcing ch. Comm 48. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 48. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Notice of Hearing

Medical Examining Board

[CR 03-023]

NOTICE IS HEREBY GIVEN that pursuant to ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats., as created by 2001 Wisconsin Act 89, and interpreting ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats., will hold a public hearing at the time and place indicated below to consider an order to create chapter Med 22, relating to the licensure and regulation of perfusionists.

Hearing Date, Time and Location

March 19, 2003

8:45 a.m.

1400 East Washington Avenue

Room 179A

Analysis prepared by the Department of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats., as created by 2001 Wisconsin Act 89.

Statutes interpreted: ss. 15.407 (2m), 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2( (b) and 448.40 (2) (c), Stats.

This proposed rule-making order comes pursuant to 2001 Wisconsin Act 89. This Act creates licensure for perfusionists, and creates the Perfusionist Examining Council to serve the Medical Examining Board in an advisory capacity. Section Med 22.02 creates definitions for “board," “council," “perfusion" and “perfusionist."

Section Med 22.03 creates includes the requirements for initial licensure. Section Med 22.04 provides the examination requirements as well as the requirements that would require an oral examination. It also includes and other examinations. Section Med 22.05 provides what is required for a temporary license and s. Med 22.06 lists the requirements for a locum tenens license.

Section Med 22.07 lists the criteria necessary for an applicant to review examinations and Med 22.08 provides the necessary criteria for a board review of an examination error.

Section Med 22.09 defines the scope of practice of perfusion. The practice of perfusion is define3d as those functions necessary for the support, treatment, measurement or supplementation of the cardiopulmonary and circulatory system of the patient. A perfusionist is a skilled person, qualified by academic and clinical education, who operates extracorporeal circulation equipment during any medical situation where it is necessary to support or replace the patient's cardiopulmonary/circulatory function and ensures the proper management of physiologic functions by monitoring the necessary variables.

The perfusionist is knowledgeable concerning the variety of equipment available to perform extracorporeal circulation functions and is responsible, in consultation with the physician, for selecting the appropriate equipment and tecunicvues to be used. The perfusionist may be administratively responsible for purchasing supplies and equipment, assuring periodic maintenance of same, as well as for appropriate personnel and departmental management. Management duties may include development and implementation of policies and procedures, quality assurance measures and staff development. Education and research are a fundamental part of the perfusionist's scope of practice.

And, finally, s. Med 22.10 describes continuing education requirements.

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 (608) 266-0495

Notice of Hearing

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

[CR 03-015]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2), 29.014 and 227.11, Stats., interpreting ss. 29.164 (2) and 29.171, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 10 and 15, Wis. Adm. Code, relating to hunting and trapping regulations. The proposed rule contains minor changes that provide clarifications to current rules, updated definitions, increasing management efficiency and altering limitations on hunters. The proposed changes include:

1. Current terminology for conibear-type traps (“killer") as it relates to trapping needs to be updated and replaced with proper and modern terminology. The references are changed to “body-gripping".

2. Creates a definition of a “cable restraint" and clarifies the difference between “cable restraints" and “snares".

3. Corrects inaccurate citations and references within chs. NR 10 and 15.

4. Clarifies the date of the October Zone T season and assures that the hunt will always coincide with the southern Wisconsin teachers conference as requested by the Assembly Natural Resources Committee. In addition, this section clarifies that units with earn-a-buck seasons will participate in the Zone T hunts.

5. Clarifies that a turkey hunter may not use shot larger than no. 2 steel or no. 4 lead or other no. 4 non-steel shot while hunting for wild turkeys. This change would help clarify shot restrictions as they relate to turkey hunting for muzzleloader hunters.

6. Clarifies that the prohibition on rifles in shotgun zones applies to all deer seasons. This rule change would clarify that rifles larger than .22 rim-fire may not be used during any period in shotgun only portions of the state when hunting for deer with firearms is allowed, including regular deer seasons and herd control and CWD hunts (unless exempted specifically by rule).

7. Clarifies which deer seasons the 24-hour firearm restriction applies to. This change would help clarify that the 24-hour prohibition on possessing a loaded or uncased firearm in the field only applies to the “regular 9-day" deer gun season and not to the Zone T hunts or other special deer hunting with firearms dates such as the CWD herd control hunts.

8. Replaces “overwinter" with “preharvest" as it relates to popular goals for fisher, bobcat and otter. These changes result in achieving two goals. First, this change corrects the code to match the department's management focus to preharvest or fall population goals rather than a “post harvest" or overwinter goal. The department has been managing bobcat, fisher and otter for years as a preharvest population goal, not a post harvest population goal. Secondly, adding the word “minimum" to the otter goal corrects an earlier rule that was passed via the statewide spring hearings and the Natural Resources Board and the word was inadvertently omitted.

9. Places Rock Island State Park under the section that correctly identifies this park as a shotgun only park, rather than a park where the use of rifles are authorized for gun deer hunting.

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.

Date, Time and Location

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, March 11, 2003 at 1:00 p.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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

These changes are minor in nature and are largely administrative changes that are not anticipated to result in added revenues or costs.

Written comments on the proposed rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 13, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WM-02-03] and fiscal estimate may be obtained from Mr. Thiede.

Notice of Hearings

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

[CR 03-016 and CR 03-017]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.033, 29.307, 29.335, 29.885 and 227.11, Stats., interpreting ss. 29.033, 29.177, 29.307, 29.335 and 29.361, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 19 and 45, Wis. Adm. Code, relating to the control and management of chronic wasting disease. The proposed rules create regulations designed to eradicate chronic wasting disease (CWD) in Wisconsin's wild deer herd. The rules propose reducing deer populations to as close to zero as possible in infected CWD eradication zones and to reduce surrounding deer populations within 40 miles to 10 deer per square mile of deer range. These rules also propose to prohibit practices that may lead to the spread or transfer of the disease.

Natural Resources Board Order No. WM-09-03 proposes elimination of baiting and feeding deer statewide. The Department could authorize landowners and their agents to shoot deer over bait by permit in an eradication zone. Natural Resources Board Order No. WM-05-03 proposes:

1. Criteria for establishment of CWD management zones.

2. Extension of deer seasons within the CWD management zones.

3. Creation of an earn-a-buck deer hunt requirement in the CWD management zones.

4. Codification of the conditions for landowner permits to remove deer within the eradication zone.

5. Creation of a protocol for department use of aircraft to help reduce deer numbers within the eradication zone.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a significant regulatory impact on small businesses. However, these rules, specifically those relating to the use of food for the feeding and baiting of deer may affect the sale of feeding materials which may have a significant economic impact on wildlife feed stores, feed mills and other sellers of deer feed.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 1.11, Stats., and ch. NR 150, Wis. Adm. Code, the Department has prepared an Environmental Impact Statement (EIS) for this action. The Department will consider comments on the EIS when deciding whether to certify that the EIS meets the requirements of applicable state statutes and codes. The EIS includes:

Section 1. Background (History of the disease, current scientific knowledge regarding the disease, and previous actions taken by Wisconsin and other states to control the disease).

Section 2. Depopulation (Analysis of the proposed action and tools used to depopulate the deer herd and likely effects, and an analysis of all alternatives considered).

Section 3. Herd Reduction (Analysis of the proposed action and tools used to reduce the deer herd and likely effects, and an analysis of all alternatives considered).

Section 4. Baiting and Feeding (Analysis of the proposed baiting and feeding ban, the effects of the ban and an analysis of all alternatives considered).

Copies of the EIS are available for public review at public libraries in Wisconsin, DNR Service Centers and on the Department's website at http://www.dnr.state.wi.us.

Interested persons or their representatives will be given an opportunity to comment on and present their views regarding the proposed rules, the EIS and the environmental review process under s. 1.11, Stats., the Wisconsin Environmental Policy Act (WEPA), at the hearings. Oral presentations may be limited if it appears the hearing will be unduly lengthened by repetition.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. NR 2.085 (4), Wis. Adm. Code, any person may petition for the opportunity to cross examine the person or persons responsible for a specific portion of the environmental impact statement or to present witnesses or evidence. The opportunity to cross examine or present witnesses or evidence will follow the public hearings if a petition has been properly filed.

A petition to cross examine or present evidence shall include a statement of position on the action or proposal and specific statements and issues on which the person wishes to cross-examine or present evidence or witnesses. Petitions to shall be filed within 20 days after the date on which this notice is published. Failure to file a petition under s. NR 2.085 (4), Wis. Adm. Code, shall preclude the opportunity to cross examine.

NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an informational meeting beginning at 6:00 p.m. for one hour prior to each public hearing to present information and answer questions on the proposed rules and Environmental Impact Statement.

NOTICE IS HEREBY FURTHER GIVEN that the hearings on the proposed rules and the Environmental Impact Statement will be held on:

Monday, March 17, 2003 at 7:00 p.m.:

Conference Center, WITC, 2100 Beaser Ave., Ashland

Blackhawk Technical College, 6004 Prairie Road, Beloit

Theisen Middle School, 525 E. Pioneer Road, Fond du Lac

Brown County Central Library, 515 Pine Street, Green Bay

Copper Top Theater, UW-Richland Ctr, Hwy. 14, Richland Center

Shell Lake Primary School, 601 South 3rd Street, Shell Lake

Gymnasium, Union Grove High School, 3422 S. Colony Ave., Union Grove

Performing Arts Ctr., Lincoln High Sch., 180 116th St. S, Wis. Rapids

Tuesday, March 18, 2003 at 7:00 p.m.

Dodger Bowl, Hwy. 18 West, Dodgeville

Auditorium, Onalaska High School, 700 Hilltopper Place, Onalaska

Fitchburg Community Center, 5510 Lacy Road, Fitchburg

Auditorium, James Williams Jr. High School, 915 Acacia Lane, Rhinelander

Country Inn Hotel and Conference Center, 2810 Golf Road, Waukesha

Wausaukee High School, N11941 U.S. Hwy. 141, Wausaukee

Wednesday, March 19, 2003 at 7:00 p.m.

Auditorium, Eau Claire Memorial High School, Keith Street, Eau Claire

Auditorium, Park Falls High School, 400 9th Street North, Park Falls

Northwoods Conf. Center, Stoney Creek Inn, 1100 Imperial Ave., Mosinee

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 the Bureau of Wildlife Management at (608) 266-8204 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The costs associated with the management and control of chronic wasting disease in the state will pose a significant financial burden including reduced revenues and increased costs in subsequent years.

Increased Costs Totals:

Salary and fringe: $1,532,687

Mileage, meals and supplies: $3,007,198

Decreased Total Revenues: $634,004

Cost and decreased revenue details follows.

WM-05-03 Fiscal Estimate: Assumptions used in arriving at the fiscal estimate

This fiscal estimate is created based on the department's current knowledge of the distribution of CWD positive deer in the state. These estimates could change significantly if new positives are found in other parts of the state.

Increased Costs Details

Carcass Disposal: Based on the figures for the 2002 deer season statewide and in the CWD zones, we anticipate similar numbers to be generated for the 2003 seasons.

Anticipated Herd Reduction Zone and Outstate Disposal Costs

Number of Carcesses Cost

Carcasses directly landfilled 2,000 $20,000.00

Carcasses picked up at off times 4,000 $ 80,000.00

Carcesses disposed of in dumpsters 10,000 50,000.00

Outstate head disposal costs 28,000 $ 35,000.00

Total $285,000.00

Anticipated Intensive Harvest Zone and Eradiscation Zone Disposal Costs based on 10,000 deer

Shipping Cost $314,050.00

Storage Cost $440,000.00

Cremation Cost $29,700.00

Landfill Cost $26,675.00

Misc. Disposal Cost 1 $433,500.00

Other Misc. Costs 2 $65,000.00

Total $1,308,925.00

1) Anticipated grand total for statewide carcass disposal $1,593,925

Aerial Operations: The costs associated with supplies, staff and flight time if the department contracts with USDA -wildlife services to conduct aerial shooting and herding of deer in the eradication zone and the cost associated with the aerial surveys to estimate remaining deer populations in the CWD zones.

Aerail Gunning and Herding:

APHIS Staff: $206,774

Aircraft (20 hours/week for 12 weeks x 2 helicopters x $700 / hr.): $336,000

Materials and supplies: $254,548

Total: $797,322

Aerial Surveys:

DNR Staff (6 FTE's x $21.63/hour x 3 weeks) $15,574

Aircraft (35 hours/week for 3 weeks x $600/hr.) $63,000

Materials: $10,000

Total: $88,574

2) Anticipated totals for aerial operations

Salary and Fringe: $15,575

Materials and Expences: $870,322

CWD Deer Hunts: The costs associated with the implementation of the expanded deer hunt in the CWD intensive harvest and herd reduction zones assuming only the current zones are affected and new zones are not created:

Law Enforcement: The additional hunts will require 8 additional hours per pay period for each of the 26 wardens in the South Central Region. Added to this would be any necessary meals, miles, etc.

With an average salary of about $25, with an additional $10 for benefits and fringe, this works out as follows:

26 Wardens x 8 hours/pay period = 208 hrs/pay period x 10 pay periods = 2080/hrs x $35/hr salary and fringe = $72,800 salary and fringe. In addition, there will be the added cost of approximately $8,840 meals and $9,486 in mileage (meals and miles based upon previous cost estimates for CWD efforts).

Wildlife Management: The costs associated with the implementation of the new CWD deer herd control hunts including the testing and permit issuance during the extended season at registration stations will result in an additional staff time including the use of an LTE's, as well as mileage and other equipment expences.

10 LTE's x 20 hours/week = 200 hours x 10 pay periods = 2000 hours x $10/hour = $20,000

10 hours of overtime / pay period x 75 (50% of the wildlife staff) = 750 hours x 10 pay periods = 7, 500 hours x $28/hour (salary and fringe) = $210,000

Meals, mileage and other 1614 appropriations based on the first 14 weeks of CWD operation expenditures (~ $12,000 / wk): 20 weeks x $12,000 = $240,000

An additional cost will be the production of a regulation pamphlet to explain the CWD special hunt framework regulations and requirements.

Regulation Pamphlet 550,000 x $ .02 = $11,000

Customer Service and Licensing: The production of special permits associated with the implementation of the special CWD hunts.

Est # Special Carcass Tags

(200k EAB, 100k Antlered, 15k Disease Replacement) 315,000

Cost per form $0.075

$ 23,625

An additional cost will be the time required by staff to answer CWD related questions and issue the special permits.

Equivalent FTE positions

(Assuming SCR&CO staff @15% & NOR,WCR,NER,SER staff @ 5%) 10.1

Average Annual CS Salary (not including benefits) $ 29,200.00

$294,920.00

Parks and Recreation: Signage and maps will need to be produced for the 8 state park properties where expanded herd control measures will be in effect.

Supplies and Services: Printing or updating Maps, Signs, Permits and Instructions:

$500.00 for 8 other parks which have previously been open to deer hunting ($500x 8) = $4,000

Supplies and Services: Vehicle Maintenance and Expenses for Increased Patrol

$1,000 per park x 8 = $8,000

Salaries and Fringes - $30 per hour: Determination of Hunting Boundaries, Preparing/Revising Maps and Signs, Posting Signs

16 hours 8 parks which have previously been open to deer hunting (16 x 8 x $30) = $3,840

Salaries and Fringes - $30 per hour: Distributing Permits, Law Enforcement, Admitting Hunters to Park and/or Documenting Permits

4 hours per park per day x $30 per hour x 8 x 38 days (based on the average number of days all 8 parks will be open to hunting) = $36,480

3) Anticipated grand total for hunting season implementation

Salary and Fringe: $637,240

Materials and Expences: $304,951

Eradication Zone Efforts: The printing and issuance of permits, sharp shooting, carcass collection and registration are all areas where staff time and resources will be required.

Permit issuance and landowner contacts = 10 perm. employees x 10 additional hours/pay period x 4 pay periods = 400 x $28 / hour = $11,200 salary and fringe.

Sharp shooting = 12 perm. employees x 20 additional hours/pay period x 14 pay periods = 3,360 x $28 / hour = $94,080 salary and fringe.

Carcass pick-up crews = 8 perm. employees x 20 additional hours/pay period x 4 pay periods = 640 x $28 / hour = $17,920 salary and fringe.

Baiting crews =

180 tons of bait @ $200/ton $36,000

Vehicle Mileage - 100,000 miles @ $0.30/mile $30,000

Salary and Fringe - 20 FTEs x $21.63/hr. in salary and fringe x 8 weeks $138,432

Registration Stations = 16 perm. employees x 20 additional hours/pay period x 4 pay periods = 1,280 x $28 / hour = $35,840 salary and fringe.

Meals, mileage and other 1614 appropriations based on the first 14 weeks of CWD operation expenditures (~ $12,000 / wk): 11 weeks x $12,000 = $132,000

Baiting and Feeding Enforcement: Respond to and investigate violations pertaining to the statewide ban on baiting and feeding. The new regulations will require approximately 8 FTE worth of effort statewide for Law Enforcement wardens.

2080 hours (1 FTE) x 8 x $35/ hour (salary and fringe): $582,400

Miscellaneous materials including ammunition, office supplies and field equipment: $40,000

4) Anticipated grand total for eradication zone activities

Salary and Fringe: $879,872

Materials and Expences: $238,000

Decreased Revenue Details:

There will be a loss in revenue stemming from the absence of bonus permit sales in the CWD zones.

Est # of OTC Bonus Sales lost (assumed 50% loss in split units) 24,048

Dollar figure assumes 4:1 ratio of Resident:Non-resident sales $13.60

$327,052.80

Est # of Bonus Sales lost thru mail (assumed 50% loss in split units) 22,570

Dollar figure assumes 4:1 ratio of Resident:Non-resident sales $13.60

$306,952.00

We assume that the loss in hunters was a product of some apprehension on behalf of our hunters who chose to sit out the year until statewide test results are returned. If CWD is confined to the south central part of the state we can assume that license sales will return to pre CWD levels. Even if we do not recover the lost hunters, we do anticipate the loss to stabilize and the hunters that purchased a license in 2002 will again purchase licenses into the future.

1) Anticipated total loss in revenue $634,004.80

Written comments on the proposed rule and Environmental Impact Statement may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-05-03 and WM-09-03], fiscal estimate and Environmental Impact Statement may be obtained from Mr. Thiede.

Notice of Hearings

Natural Resources
(Fish, Game, etc., Chs. NR 1—)

[CR 03-014 and CR 03-018]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (c), 29.014 (1), 29.041, 29.614 and 227.11 (2), Stats., interpreting ss. 29.014 (1) and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 20, Wis. Adm. Code, relating to fishing on the inland and outlying waters of Wisconsin. The proposed rule will:

1. Eliminate tagging of fish unless an individual obtains a scientific collectors permit.

2. Change the closing date for the general inland hook and line fishing season, rough fish spearing seasons, and hook and line seasons on the Great Lakes and tributaries that currently close March 1 to the first Sunday in March.

3. Create a separate sturgeon carcass tag for the upriver lakes (Lakes Poygan, Winneconne and Butte des Morts) and Lake Winnebago during the special sturgeon spearing seasons held on the upriver lakes every 5 years (the next of which will be held in 2005). The upriver lakes tag would be usable only on the upriver lakes.

4. Reduce the season length from 2 days to one day for sturgeon spearing on the upriver lakes (Lakes Poygan, Winneconne and Butte des Morts) of the Winnebago system waters held every 5 years (the next of which will be held in 2005).

5. Identify waters open to hook and line lake sturgeon fishing and close all other waters to hook and line lake sturgeon fishing.

6. Close the hook and line fishing season for shovelnose sturgeon on the Chippewa river downstream from Interstate Highway 94 bridge at Eau Claire including its tributaries upstream to the first dam or lake.

7. Increase the minimum length limit from 34" to 45" for muskellunge on Lakes Waubesa and Monona, and from 40" to 45" for muskellunge on Lake Wingra, Dane county.

8. Increase the minimum length limit from 34" to 50" for muskellunge on Boom lake, Minocqua chain, Rhinelander flowage, Thunder lake and Willow flowage and from 40" to 50" on Rainbow flowage, Oneida county.

9. Increase the minimum length limit from 34" to 50" for muskellunge on Big T. Germain lake, Big Sand lake, Content lake, Fawn lake, Long lake, Manitowish chain, Plum lake, Presque Isle chain, Star lake, and White Sand lake; increase the minimum length limit from 40" to 50" for muskellunge on Big Muskellunge lake, Crab lake, Kentuck lake and Papoose lake; increase the minimum length limit from 45" to 50" for muskellunge on Trout lake, Vilas county.

10. Extend the 40" minimum length limit for muskellunge currently in effect on Holcombe flowage (Chippewa and Rusk counties) to coincide with the walleye regulations for the Holcombe flowage and tributaries by increasing the minimum length limit from 34" to 40" for muskellunge on the Jump river, Price county; the Chippewa river and all tributaries upstream to the first dam or lake, the Flambeau river upstream to the Thornapple flowage dam including all tributaries upstream to the first dam or lake, and the Jump river and its tributaries upstream to the first dam or lake, Rusk county; the Chippewa river and all its tributaries upstream to the first dam or lake, Sawyer county; and the Jump river and tributaries upstream to the first dam or lake, Taylor county.

11. Change the size restriction from no minimum length limit with only one fish longer than 14" allowed to the statewide minimum size limit of 15" for walleye on East Horsehead lake and Manson lake, Oneida county.

12. Increase the minimum length limit from 15" to 28" and decrease the daily bag limit from 5 to one for walleye in Black Oak lake, Vilas county.

13. Increase the minimum length limit from 15" to 18" and decrease the daily bag limit from 5 to 3 for walleye in Found lake, Vilas county.

14. Increase the minimum length limit from 9" to 15", reduce the daily bag limit from 3 in total to one in total, and establish an artificial lure only restriction for trout on Ben Nutt creek, Mill creek, and the Onion river upstream from CTH E, Sheboygan county.

15. Increase the minimum length limit from 7" to 9" and reduce the daily bag limit from 5 in total to 3 in total for trout on Wood creek, Taylor county to coincide with regulations on the Rib river into which Wood creek flows and which is commonly fished along with Wood creek by anglers on the same trip.

16. Reduce the daily bag limit from 25 in total to 10 in total for panfish on Thompson lake, Pepin county.

17. Decrease the daily bag limit from 25 in total to 10 in total for panfish on Sand lake, Sawyer county.

18. Increase the minimum length limit from 14" to 18" and decrease the daily bag limit from 5 in total to one in total for largemouth and smallmouth bass, increase the minimum length limit from none to 32" and reduce the daily bag limit from 5 to one for northern pike, and decrease the daily bag limit from 25 in total to 10 in total for panfish on Dry Dam lake, St. Croix county.

19. Decrease the daily bag limit from 25 in total to 10 in total for panfish on Squaw lake, St. Croix county.

20. Increase the minimum length limit from 14" to 18" and decrease the daily bag limit from 5 in total to one in total for largemouth and smallmouth bass on Hartford lake, Waushara county.

21. Decrease the daily bag limit from 25 in total to 10 in total for panfish on Hartford lake, Waushara county.

22. Create a 20" to 27" protected slot limit for walleye on the Mississippi river Pool 12 and reduce the daily bag limit for walleye and sauger from 10 in aggregate of which no more than 6 may be walleye to 6 in aggregate on the Wisconsin-Iowa boundary waters.

23. Establish a fish refuge beginning December 1 of each year and lasting through March 15 of the following year in, on or along the Mississippi river from lock and dam number 11 downstream to the STH 61 and 151 bridge on the Wisconsin-Iowa boundary waters.

24. Increase the minimum length limit from 14" to 18" and decrease the daily bag limit from 5 in total to one in total for largemouth and smallmouth bass on the Lower Wisconsin River from the Prairie du Sac dam downstream to the STH 80 bridge at Muscoda.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.09 (2), 29.014, 29.182 and 227.11 (2), Stats., interpreting ss. 29.182, 29.347, 29.361, 29.595 and 29.889, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 12 and 19, Wis. Adm. Code, relating to hunting and trapping regulation changes. The proposed rules:

1. Allow the use of muzzleloading handguns for deer and bear hunting.

2. Modify the Metro Deer Management Unit season framework to eliminate overlapping regulations and seasons.

3. Eliminate the south muskrat and mink zone and incorporate these areas into the central zone.

4. Modify the zone boundary where bear hunting with dogs is allowed.

5. Authorize the use of dry land cable restraints for late-season fox and coyote trapping.

6. Create an elk hunting season framework, zones and update agricultural damage rules.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on Monday, April 14, 2003, the County Conservation Congress for each county will hold its election of delegates. Upon completion of the delegate election, the joint spring hearing/Conservation Congress meeting will convene to take comments on the above rule modifications.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 14, 2003 at 7:00 p.m. at the following locations:

Adams - Adams Co. Courthouse, County Board Room, 402 Main St., Friendship

Ashland - Ashland High School, 1900 Beaser Ave., Ashland

Barron - Barron County Courthouse, Lecture Hall, 330 E. LaSalle, Barron

Bayfield - Bayfield Co. Courthouse, 117 E 5th, Washburn

Brown - Southwest High School, Auditorium, 1331 Packerland Dr., Green Bay

Buffalo - Alma Area High School, Auditorium, S1618 STH '35', Alma

Burnett - Burnett County Government Center, Rm. 165, 7410 Co. Rd. K, Siren

Calumet - Chilton Middle School, Gymnasium, 421 Court Street, Chilton

Chippewa - Chippewa Falls Middle School, Auditorium A, 750 Tropicana Blvd., Chippewa Falls

Clark - Greenwood High School, Cafetorium, 306 W. Central, Greenwood

Columbia - Poynette Village Hall, 106 South Main, Poynette

Crawford - Crawford County Courthouse, 220 N. Beaumont Rd., Prairie du Chien

Dane - Alliant Energy Center (Dane Co. Expo Center), John Nolan Dr. & Rimrock Rd., Madison

Dodge - Horicon City Hall, 404 E. Lake Street, Horicon

Door - Door County Courthouse, Room A150, 421 Nebraska, Sturgeon Bay

Douglas - Northwestern Elementary School, 10499 E. U.S. Hwy. 2, Poplar

Dunn - Dunn County Fish and Game Club, 1900 Pine Ave., Menomonie

Eau Claire - South Middle School, Auditorium, 2115 Mitscher, Eau Claire

Florence - Wild Rivers Interpretive Center, Hwys. 2 & 101, Florence

Fond du Lac - Theisen Jr. High School, Auditorium, 525 E. Pioneer Rd., Fond du Lac

Forest - Crandon School, Auditorium, U.S. Hwy. 8, Crandon

Grant - Lancaster High School, Hillary Auditorium, 806 E. Elm Street, Lancaster

Green - Pleasant View Annex, Auditorium, 3150 Hwy 81, Monroe

Green Lake - Green Lake High School, School Gym, 612 Mill St., Green Lake

Iowa - Dodgeville High School, Gymnasium, 912 W. Chapel, Dodgeville

Iron - Iron County Courthouse, 300 Taconite Street, Hurley

Jackson - Black River Falls Middle School, LGI Room, 1202 Pierce, Black River Falls

Jefferson - Jefferson County Fair Grounds, Activity Center, 503 N. Jackson St., Jefferson

Juneau - Juneau County Courthouse, Courtroom, 220 E. State St., Mauston

Kenosha - Bristol Grade School, Gymnasium, 20121 83rd St., Bristol

Kewaunee - Kewaunee County Courthouse, Courtroom #1, 613 Dodge St., Kewaunee

La Crosse - Onalaska High School, Auditorium, 700 Hilltop Pl., Onalaska

Lafayette - Darlington Community High School Gym., 11838 Center Hill Rd., Darlington

Langlade - Langlade Co. Fairgrounds, Multipurpose Building, 1581 Neva Rd., Antigo

Lincoln - Tomahawk School Complex, Auditorium, 1048 E. King Rd., Tomahawk

Manitowoc - UW Center-Manitowoc, Theater, 705 Viebahn St., Manitowoc

Marathon - John Muir Middle School, 1400 W. Stewart Ave., Wausau

Marinette - Wausaukee High School, Auditorium, N11941 Hwy. 141, Wausaukee

Marquette - Montello High School, Community Rm., 222 Forest Ln., Montello

Menominee - Menominee County Courthouse, Basement Meeting Room, Keshena

Milwaukee - Greenfield High School, Auditorium, 4800 S. 60th St., Greenfield

Monroe - Sparta Meadowview High School, Cafetorium, 1225 N. Water Street., Sparta

Oconto - Suring High School, Cafeteria, 411 E. Algoma, Suring

Oneida - Rhinelander High School, 665 Coolidge Ave., Rhinelander

Outagamie - Riverview Middle School, Auditorium, 101 Oak St., Kaukauna

Ozaukee - Webster Middle School, Auditorium, W75 N624 Wauwatosa Road, Cedarburg

Pepin - Pepin County Government Center, County Board Room, 740 7th Ave. W., Durand

Pierce - Ellsworth Senior High School, Auditorium, 323 Hillcrest, Ellsworth

Polk - Unity High School, 1908 150th Street/Hwy. 46, Balsam Lake

Portage - Ben Franklin Junior High School, Auditorium, 2000 Polk St., Stevens Point

Price - Price County Courthouse, 126 Cherry Street, Phillips

Racine - Union Grove High School, Auditorium, 3433 S. Colony Ave., Union Grove

Richland - Richland County Courthouse, Circuit Court Room, 181 W. Seminary, Richland Center

Rock - Moose Lodge, 2701 Rockport Rd, Janesville

Rusk - Ladysmith High School, 1700 Edgewood Ave. E., Ladysmith

St. Croix - WI Indianhead Tech College, Cashman Auditorium, 1019 S Knowles Ave., New Richmond

Sauk - Al Ringling Theater, 136 4th Ave., Baraboo

Sawyer - Hayward High School, Greenwood Lane, Hayward

Shawano - Shawano Community Middle School, Room LGI, 1050 S. Union St., Shawano

Sheboygan - Sheboygan Falls High School, Auditorium, 220 Amherst Ave., Sheboygan Falls

Taylor - Taylor County Fairgrounds, Multi-purpose Bldg., Medford

Trempealeau - Whitehall City Center, Auditorium, 36245 Park St., Whitehall

Vernon - Viroqua Middle School, Large Lecture Room, Blackhawk Drive, Viroqua

Vilas - Plum Lake Community Building, Golf Course Rd., Sayner

Walworth - Delavan Darien High School, Auditorium, 150 Cummings St., Delavan

Washburn - Agriculture Research Station, W6646 Hwy. 70, Spooner

Washington - Washington County Fairgrounds, Exhibit Hall, 3000 Hwy. P.V., West Bend

Waukesha - Waukesha County Expo Center Arena, 1000 Northview Rd., Waukesha

Waupaca - Waupaca High School, Auditorium, E2325 King Rd., Waupaca

Waushara - Waushara Co. Courthouse, 2nd Floor Courtroom, 209 S. St. Marie Street, Wautoma

Winnebago - Webster Stanley Middle School, Auditorium, 915 Hazel Street, Oshkosh

Wood - Pittsville High School, Auditorium, 5459 Elementary Avenue, Pittsville

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 AnnMarie Kutzke at (608) 266-2952 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The following rule proposals have been considered as part of this fiscal analysis and are not anticipated to result in a negative or positive impact to the state:

- Allow the use of muzzleloading handguns for deer and bear hunting.

- Modification of the Metro Deer Management Unit season framework to eliminate overlapping regulations and seasons.

- Eliminates the South muskrat and mink zone and incorporates these areas into the Central zone.

- Modify the zone boundary where bear hunting with dogs is allowed.

- Authorize the use of dry land cable snares for trapping.

The aspects of the rule that are anticipated to generate a fiscal impact are those associated with the development of an elk hunting season framework, zones and agricultural damage language.

Fiscal impacts on the Wildlife Damage Abatement and Claims Program for the first 10 years will be minimal to non-existent, though just having them included in the damage program will cost something in administration costs. The current attitude of the public, including agriculturists in the Clam Lake area support of the elk herd and tolerant of their presence. People historically are more tolerant in this area to deer damage and will likely be as tolerant if not more so to elk damage.

While the fees were set by statute, the rule implementing the hunting season allows the revenue to be generated. Based on permit and license sales numbers from Michigan, Arkansas and Pennsylvania (other states with introduced elk herds and hunting seasons), we have determined that we can anticipate approximately 19,000 applicants in our first year of issuing permits. At $3 per application this equates to $57,000. We anticipate having approximately 4-6 permits available in the initial seasons, these licenses will be available to hunters at $41 will provide approximately only $164 to $246 in revenue. These revenues have been earmarked for elk management and will be used to offset the costs associated with implementing the elk hunter education classes, enforcement during the elk season or the infrastructure and staff time required to issue permits and develop outreach and regulations relating to the hunt.

Long-Range Fiscal Implications:

Unable to determine long range fiscal impact since this is a first time hunt in the state and the hunt is not anticipated to being until 2005. Based on the costs and revenues in the initial years of the hunt, the department will then have an opportunity to gauge the long term fiscal implications.

Written comments on the proposed rule revisions for wildlife may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed rule revisions for fisheries may be submitted to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked no later than April 15, 2003. Written comments will NOT, however, be counted as spring hearing votes.

A copy of the proposed rules (FH-04-03 and WM-01-03] and fiscal estimates may be obtained from Ms. AnnMarie Kutzke, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2952.

Notice of Hearing

Natural Resources
(Environmental Protection-General, Chs. NR 100—)

[CR 03-013]

NOTICE IS HEREBY GIVEN that pursuant to ss. 281.68 (3), 281.69 (6) and 227.11 (2) (a), Stats., interpreting s. 281.68 (3), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 190 and the repeal of ch. NR 192, Wis. Adm. Code, relating to lake management planning grants. The lake management planning grant program provides financial assistance to local governments and lake organizations for education and planning activities for protecting and improving inland lakes. Amendments are proposed to comply with changes in the enabling legislation that make qualified school districts eligible sponsors and allow the department to set dues levels qualified lake associations may charge to be eligible sponsors. In addition to minor housekeeping changes, the proposal will make the following changes:

1. Change the value of donated labor that can be used as match from the federal minimum wage to a flat rate of $8 per hour.

2. Require that new applications for participation in the department's expanded self-help citizen lake monitoring program (chemistry monitoring) can only be made in August.

3. Specify the requirements for a complete application for large scale planning grants.

4. Clarify the process for approving a recommendation in an implementation plan as eligible for a ch. NR 191 lake protection grant.

Chapter NR 192 originally provided for the administration of grants for nonprofit conservation organizations to provide statewide technical support to county lake classification efforts. Statutory revisions changed this grant making authority to a contract making authority for which rules are not required. Therefore, ch. NR 192 is obsolete and is being repealed.

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 hearing will be held on:

Thursday, March 20, 2003 at 3:30 p.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 Mr. Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no fiscal impact to the state. While the proposed rule will mean more sponsors will be eligible for grants and the local share may be easier to raise for some projects, the appropriated amount statewide will not increase.

While we expect that participation may increase slightly, at this time it is not possible for the department to estimate the impact on the lake grant program.

Written comments on the proposed rule may be submitted to Mr. Carroll Schaal, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than March 21, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-16-03] and fiscal estimate may be obtained from Mr. Schaal.

Notice of Hearings

Public Instruction
[CR 03-006]

NOTICE IS HEREBY GIVEN That pursuant to s. 227.11 (2) (a), Stats., and interpreting s. 121.55 (1) (b) and (3), Stats., the Department of Public Instruction will hold public hearings as follows to consider the creation of Subchapter II of ch. PI 7, relating to pupil transportation. The hearings will be held as follows:

Date, Time and Location:

March 26, 2003 from 3:30 p.m. - 5:30 p.m.

GEF 3 Building

125 South Webster St.

Room 041

Madison

April 10, 2003 from 3:30 p.m. - 5:30 p.m.

North Central Technical College

1000 W. Campus Drive

Room E102

Wausau

April 24, 2003 from 3:30 - 5:30 p.m.

CESA 1

19601 W. Bluemound Road

Suite 200

Brookfield

The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access a meeting, please call Merry Larsen, School Administration Consultant, at (608) 266-2146 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/trans.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 May 7, 2003, 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

The proposed rule clarifies current law relating to procedures school districts must follow in offering parent contracts for transportation to ensure greater consistency among school districts in the application of the law under ss. 121.55 (1) (b) and (3), Stats. The proposed rule clarifies the difference between the two types of parent contracts available for use by school districts and assists districts in calculating the amount of compensation to be provided in parent contracts.

Section 121.55 (1) (b), Stats., allows a school board to provide transportation to a public or private school pupil by contracting with that pupil's parent or guardian to provide the transportation. The rules and present practice require the amount of compensation to be mutually agreed upon by the school board and the parent or guardian.

The impetus for this rule is an on-going circuit court case involving a school district and the parent of a private school pupil living in that district. After the circuit court judge ordered the Department of Public Instruction to determine the amount of compensation provided in the parent contracts in question, the department held an administrative hearing in March, 2002. Both the circuit court judge and the administrative law judge expressed the opinion that the department should promulgate rules to assist school districts in applying the provisions of s. 121.55, Wis. Stats., relating to parent contracts for pupil transportation.

Fiscal Estimate

The proposed rules establish procedures for school districts to follow when offering parent contracts for pupil transportation. The rules apply only to contracts to transport a pupil to and from school for the purpose of attending curricular programs or activities. The rules will ensure greater consistency among school districts in applying the law under ss. 121.55 (1) (b) and (3), Stats.

Section 121.55 (3), Stats., allows a school board to provide transportation to a private school pupil by contracting with that pupil's parent or guardian to provide the transportation if the estimated cost of transporting that pupil is more than 1.5 times the school district's average cost per pupil for bus transportation in the previous year, exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities. The rules provide a uniform worksheet for school districts to use in calculating their average cost per pupil for bus transportation. Currently, the method of calculating average cost per pupil for transportation varies from district to district. Providing a standardized method for calculating the average cost per pupil may increase or decrease a school district's cost depending on how that district currently calculates its average cost per pupil for bus transportation. However, these costs are indeterminate. The rules should not have a fiscal effect on the department.

Initial Regulatory Flexibility Analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Notice of Hearings

Workforce Development
(Economic Support, Chs. DWD 11-59)

[CR 03-022]

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.22 (9) and 227.11, Stats., the Department of Workforce Development proposes to hold three public hearings to consider changes to ch. DWD 40, relating to the child support guidelines.

Hearing Information:

March 17, 2003 at 1:00 p.m.

GEF 1 Building, Room D203

201 E. Washington Avenue

Madison, WI

March 25, 2003 at 1:00 p.m.

State Office Building, Room 45

819 North 6th Street

Milwaukee, WI

March 27, 2003 at 1:00 p.m.

Portage County Public Library

Pinery Room

1001 Main Street

Stevens Point, WI

Interested persons are invited to appear at the hearings 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. If you have special needs or circumstances that may make communication or accessibility difficult at the hearings, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority: Sections 49.22 (9) and 227.11, Stats.

Statutes interpreted: Sections 49.22 and 767.25, Stats.

Section 49.22 (9), Stats., requires the department to adopt standards for courts to use in determining a child support obligation under s. 767.25, Stats. Chapter DWD 40 establishes these standards based on a percentage of income of either or both parents. Chapter DWD 40 also contains special provisions that a court may use in determining the child support obligations for a serial payer, a split-custody payer, and shared-placement parents. The percentage standards and special circumstance provisions are based on the principle that a child's standard of living should not be adversely affected because his or her parents are not living together.

In spring 2001, with input from members of the legislature, the DWD Secretary appointed an advisory committee to provide guidance to the department on revisions to ch. DWD 40. The advisory committee included members of the courts, state bar, community-based organizations, county child support agencies, citizens, and the department. The committee recommended changes to the provision affecting shared-placement parents and new special provisions for high-income payers and low-income payers.

Shared-placement parents. The concept behind the special provision for shared-placement parents is that the shared-placement order is smaller than a full percentage order because the parent has significant placement and is covering the child's basic support expenses while with that parent. The current threshold for application of the shared-placement provision is placement of at least 30%. If a parent's placement falls between 30% and 40%, that parent pays the other parent a child support amount that is less than the full percentage standards but there is no determination or offset of any obligation of the other parent. If the period of placement with the parent with less time is above 40%, the current rule reduces the child support obligation of the parent with less time and requires the determination and offset of the obligation of the parent with more time. Because the current formula does not proportionately reduce the paying parent's share of support at the same rate as the increase in placement, it creates a cliff effect that encourages litigation between the parties.

The proposed shared-placement provision is based on the premise that when both parents have significant periods of placement the formula should take into account the duplicated costs of child rearing in both households and both parents' incomes as a more realistic and equitable basis to set child support. The court may apply the proposed formula when both parents have a court-ordered period of placement of at least 25% overnights or the equivalent and each parent is ordered to assume the child's basic support costs in proportion to the time that the parent has placement of the child. Basic support costs are defined as food, shelter, clothing, transportation, personal care, and incidental recreational costs.

The first step in calculating the child support obligations of shared-placement parents is determining each parent's obligation under the percentage standards. In determining whether to impute income based on earning capacity for an unemployed parent or a parent employed less than full time, the court shall consider the benefit to the child of having a parent remain in the home during periods of placement and the additional variable day care costs that would be incurred if the parent worked more. The next steps are multiplying the obligation under the percentage standards for each parent by 150% to account for household maintenance expenditures duplicated by both parents, such as a bedroom, clothes, and personal items; multiplying that amount for each parent by the proportion of time that the child spends with the other parent; and offsetting resulting amounts against each other. The shared-placement payer will pay the lesser of the amount determined under the shared-placement formula or the straight percentage standards. If the shared-placement payer is also a low-income payer, the parent will pay the lesser of the amount determined under the shared-placement formula or the low-income schedule.

High-income payers. The proposed special provision for high-income payers is based on the premise that above certain income levels, parents share a smaller percentage of their income with their children. The payer's full monthly income is considered in determining the child support obligation. The standard percentages of 17% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and 34% for 5 or more children apply to a payer's income less than $150,000 per year. The court may apply approximately 80% of the full percentage standards to the portion of a payer's annual income that is greater than or equal to $150,000 and less than or equal to $198,000. These percentages are 14% for 1 child, 20% for 2 children, 23% for 3 children, 25% for 4 children, and 27% for 5 or more children. The court may apply approximately 60% of the full percentage standards to the portion of the payer's annual income that is above $198,000. These percentages are 10% for 1 child, 15% for 2 children, 17% for 3 children, 19% for 4 children, 20% for 5 or more children.

Low-income payers. The proposed special provision for low-income payers is based on the premise that many low-income payers have insufficient income to pay current ordered amounts. Lower support levels for low-income payers may enable them to pay current support and accrue fewer arrears. Lower support levels may also increase their emotional and financial investment in their children.

Under the proposed low-income provision, the court may determine a low-income payer's obligation by referring to a special schedule. The schedule provides a minimum monthly support amount for payers with income below approximately 70% of the federal poverty level. For monthly income between approximately 70% and 150% of the federal poverty level, the schedule provides graduated percentage rates that result in a child support obligation that is between the minimum monthly support amounts and the child support determined by applying the full percentage standards. For one child, the graduated rates range from 4.25% or $21/month to 17% or $183/month. The court may deviate from the support amounts in the schedule based on the factors listed in s. 767.25 (1m), Stats., or the total economic circumstances of the low-income payer, including any in-kind benefits such as food and shelter, that are available to the low-income payer and impact his or her ability to pay child support. The department will revise the schedule every four years based on changes in the federal poverty level since the schedule was last revised. This coincides with the federal requirement at 42 USC 667(a) that states review their child support guidelines at least once every 4 years.

Miscellaneous. The department proposes the following additional changes:

•Assigning responsibility for payment of variable costs. The court shall assign responsibility for payment of the child's variable costs in proportion to each parent's share of physical placement, with due consideration to a disparity in the parents' incomes. The court shall direct the manner of payment to be either between the parties or from a party to a third-party service provider and not to the department or the department's designee. Variable costs are reasonable costs above basic support costs, including child care, tuition, a child's special needs, and other activities that involve substantial cost.

•Income imputed based on earning capacity. In determining a parent's ability to earn, the court shall consider a parent's earnings during previous periods and physical and mental health, in addition to the current factors of education, training and work experience, and availability of work in or near the parent's community. A requirement is added that evidence must be presented that due diligence has been exercised to ascertain information on the parent's actual income or ability to earn and that information is unavailable before the court may impute income at 40 times the federal minimum hourly wage.

•Shared-placement order with serial families. The concept behind the special provision for shared-placement parents is that the order is smaller than a full percentage order because the parent has significant placement and is covering the child's basic support expenses while with that parent. A shared-placement parent with one child is spending approximately 17% of his or her income on the child even though the child support order may be substantially less than that amount if the parents' placement periods and incomes are similar. The concept behind the special provision for serial families is to give credit for the amount spent on the first family before determining the order for children in the next family. The current serial family provision only gives credit for the amount of the order and does not consider the special situation of shared-placement parents with serial families. The proposed provision on shared-placement orders in serial families gives credit for the full percentage standard.

• Social Security disability insurance. The court may include social security benefits received by a child based on a parent's entitlement to federal disability insurance in the parent's gross income and may adjust the parent's child support obligation by subtracting the amount of the child's social security benefit. In no case may this adjustment require the payee to reimburse the payer for any portion of the child's benefit.

• Maintenance. If a payer will have obligations for both child support and maintenance in a particular case, the court shall determine the payer's child support obligation before the maintenance obligation.

•Effect of rule change. A modification of any provision of ch. DWD 40 shall not be considered a substantial change in circumstances sufficient to justify a revision of a judgment or order under s. 767.32, Stats.

•Trust. The court may create a trust for the child if the payer's child support obligation exceeds the amount necessary to maintain the standard of living the child would have if the child were living with both parents.

•Undistributed income of a closely held corporation. Further detail is proposed to clarify when to include undistributed corporate income in gross income. The rule currently provides that undistributed income is included if the payer has ownership interest sufficient to individually exercise control or access the business earnings. The proposed rule defines undistributed income as federal taxable income of the closely held corporation, partnership, or other entity plus depreciation claimed on the entity's federal income tax return less a reasonable allowance for economic depreciation using the straight line method. The court may adjust gross income to include undistributed income not determined reasonably necessary for the growth of the business.

•Terminology.

- “Monthly income available for child support" is the proposed term to refer to the monthly income at which the child support obligation is determined. It includes gross income, or if applicable, income modified for business expenses; income imputed based on earning capacity; and income imputed from assets. “Monthly income available for child support" is similar to the current term “base," except “base" does not include income imputed based on earning capacity. A support obligation based on earning capacity is a separate calculation under the current rule.

- The proposed rule uses the term “split-placement" in place of “split-custody," which is incorrectly used in the current rule.

- The split-placement subsection is rewritten because the current rule refers to the payer and payee at the beginning of the calculation before it can be accurately known who will be the payer or payee.

Initial Regulatory Flexibility Analysis

The proposed rule changes do not affect small business.

Fiscal Impact

The proposed rule changes do not have a fiscal effect on state or local government.

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

(608) 267-9403

elaine.pridgen@dwd.state.wi.us

Written Comments

Written comments on the proposed rules received at the above address no later than March 31, 2003, will be given the same consideration as testimony presented at the hearing.