Rule-making notices
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule, which amends s.
ETF 20.25 (1) (a) and
(2), Wis. Adm. Code, relating to the annuity dividend effective date in accordance with the provisions of s.
227.16 (1), Stats. The public hearing will be held on
Friday, August 8, 2003, at 1:00 p.m. in Room 2A, 801 West Badger Road, Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Monday, August 11, 2003, to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Linda Owen, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Department of Employee Trust Funds
Current administrative rule under s.
ETF 20.25 specifies that the Wisconsin Retirement System (WRS) fixed annuity dividends and variable annuity adjustments based on surpluses and/or deficiencies in the annuity reserve shall be effective on March 1 of each year. The proposed rulemaking would change the effective date of these annuity changes to April 1 of each year. The March 1 effective date for annuitant dividends was established in order to distribute annuity increases to annuitants as quickly as possible. However, in 2003 there was a 27% variable annuity decrease and no fixed annuity adjustment. Due to the harm that implementing the variable annuity increase would cause to annuitants, an emergency rule was promulgated to leave the distribution date as April 1 for 2003. As a result of the negative investment returns during the past three years, fixed annuitant dividends are expected to be flat or negative for a number of years. Due to the financial harm that distributing negative returns one month earlier would cause to WRS annuitants, the Department proposes to permanently return the annual dividend distribution date to April 1.
Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. The rule itself has no anticipated state fiscal effect during the current biennium and no future side effect on state funds.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone (608) 266-1071. For questions about this rule making, please call Linda Owen, Policy Analyst, at (608) 261-8164.
Notice of Hearings
Health and Family Services
(Community Services, Chs.
HFS 30—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.16 (1),
227.17 and
227.18, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed revision to chs.
HFS 45 and
46, relating to family and group child care centers.
Hearing Information
The public hearings will be held:
Date & Time Location
July 28, 2003 Room E102
Monday Northcentral Technical College
4:00 p.m. to 7:00 p.m. 1000 West Campus Dr.
Wausau, WI
August 14, 2003 Room 151
Thursday DHFS Southeastern Regional
4:00 p.m. to 7:00 p.m. Office
141 NW Barstow
Waukesha, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
The Department's administrative rules governing the licensing of day care centers are chs.
HFS 45 and
46. Chapter
HFS 45 applies to day care centers that care for between four and eight children under age seven. The Department currently refers to these centers as “family day care centers." Chapter
HFS 46 applies to day care centers that care for nine or more children under age seven. The Department currently refers to these centers as “group day care centers."
With minor exceptions, the Department has not revised ch.
HFS 45 since 1989. Since then, several events have suggested or required its modification.
1. In 1997, the Department created ch.
HFS 46. Chapters
HFS 45 and
46 address similar topics and should, but currently do not always, contain comparable requirements, including those related to definitions, licensing procedures and enforcement actions. Therefore, one purpose of this rulemaking order is to unify the treatment of a variety of subjects across the chapters.
2. Since 1989, a variety of child safety practices standards have changed and become generally accepted. For example, cardiopulmonary resuscitation training for childcare providers has become standardized. The Department's proposed rules for both chs.
HFS 45 and
46 reflect these practices.
3. Pertinent statutory changes over the past five years relating to caregiver background checks under s.
48.685, Stats., and prohibitions on smoking under s.
101.123 (2) (bm), Stats., are reflected in the rules. In addition,
2001 Wisconsin Act 16 amended s.
48.67, Stats., to require that all child care centers licensed to care for children under age one must receive training in the most recent medically accepted practice to reduce the risk of Sudden Infant Death Syndrome. The proposed rules describe the needed training.
4. The proposed rules reflect changes in the ways the Department issues a license and create provisions that would allow the Department to bar consideration of an application if the applicant has had a previous license revoked or application denied for a substantive reason.
5. The Department proposes to change the term “day care center" to the more descriptive term “child care center."
Contact Person
To find out more about the hearing or to request a copy of the proposed rules visit the Bureau of Regulation and Licensing website at
http://www.dhfs.stat
e.wi.us/rl_dcfs/ INDEX.HTM or contact:
Kimberly Hahn
Bureau of Regulation and Licensing
P.O. Box 8916
Madison, WI 53708-8916
608-266-9314
hahnks@dhfs.state.wi.us
If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments received by mail or e-mail at the above address no later than 5:00 p.m., August 25, 2003, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
The amendments to chs.
HFS 45 and
46 will not affect the revenue of state government.
Initial Regulatory Flexibility Analysis
The revision of ch.
HFS 45 will affect family child care centers licensed to care for up to 8 children. The revisions to HFS 46 will affect group child care centers licensed to care for 9 or more children. As of June 2003 there were 3,111 licensed family child care centers and 2, 399 licensed group child care centers. All programs affected by the proposed changes to the administrative code will receive a mailing from the Department indicating the dates, times and locations of scheduled public hearings as well as instructions on how to obtain a copy of the proposed revisions and the procedure to make oral or written comments regarding the revisions.
The proposed revisions to the rules expand the list of items that must be reported to the Department within a specified time frame. The reports required in the rule revision are a means by which the Department obtains information about situations occurring at a child care center or that affect children enrolled at a center which have the potential to affect the health, safety or welfare of the children enrolled in the program. These new reporting requirements are being proposed for the purpose of protecting the children in care. Therefore, the Department has not proposed specific exemptions from these reporting requirements.
The Department is also proposing rule revisions that will bring ch.
HFS 45 into alignment with ch.
HFS 46 and will reflect current best practices in early childhood education and care. The Department has included provisions in the rule revisions that allow individual programs to request an exception to any given rule provided a alternative plan for protecting the health, safety and welfare of children in care is also included with the request. These exception requests are evaluated and approved on an individual basis.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
110.07,
110.075,
194.38,
194.43 and
227.11, Stats., and interpreting ss.
110.07 and
110.075, and ch.
194, Stats., the Department of Transportation will hold a public hearing in
Room 551 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on
July 30, 2003, at
9:00 AM, to consider the amendment of ch.
Trans 327, relating to motor carrier safety requirements.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business on Friday, August 8, 2003, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Charles Teasdale, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Department of Transportation
General Summary of Proposed Rule. This rule making will amend ch.
Trans 327, relating to intrastate motor carrier safety regulations, to bring it into compliance with the most recent changes to the Federal Motor Carrier Safety Regulations which will go into effect on January 4, 2004. Amendment of this rule will assure State Patrol inspectors and troopers are enforcing the most recent Federal Motor Carrier Safety regulations for intrastate carriers. The update of this rule will also keep the Department in compliance to qualify for continued Motor Carrier Safety Assistance Program (MCSAP) funding.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis.
This proposed rule will have minimal adverse impact on small businesses.
Copies of Proposed Rule
Copies of the proposed rule may be obtained upon request, without cost, by writing to Charles Teasdale, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 266-0305. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Proposed Rule
Transportation
NOTICE IS HEREBY GIVEN that pursuant to the authority of ss.
110.075 (6),
194.38 (2),
194.43,
346.45 (4), and
227.11, Stats., interpreting ss.
110.07,
110.075,
194.38 and
194.43, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending chs.
Trans 325 and
326, relating to motor carrier safety regulations, without public hearing unless, within 30 days after publication of this notice,
July 15, 2003, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule may be addressed to Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, telephone (608) 266-0305.
Analysis Prepared by the Department of Transportation
General Summary of Proposed Rule. This rule making will amend two existing chapters to bring them into compliance with changes to the federal regulations which go into effect on January 4, 2004. These changes are as follows:
Chapter
Trans 325 adopted motor carrier safety regulations of the United States Department of Transportation in effect on June 1, 2002. This amendment changes the date from June 1, 2002 to January 4, 2004. This change allows Wisconsin to enforce the most recent motor carrier safety regulations. All vehicles operating in interstate commerce are already subject, under federal law, to any changes that have been adopted between June 1, 2002 to January 4, 2004.
Chapter
Trans 326 adopted motor carrier safety requirements for transportation of hazardous materials of the United States Department of Transportation in effect on June 1, 2002. This amendment changes the date from June 1, 2002 to January 4, 2004. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for transportation of hazardous materials. All vehicles operating in interstate and intrastate commerce are already subject under federal law to any changes that have been adopted between June 1, 2002 to January 4, 2004.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district, or any federally-recognized tribes or bands.
Initial Regulatory Flexibility Analysis.
This proposed rule will have no adverse impact on small businesses.
