Rule-making notices
Notice of Hearing
Commerce
(Commercial Building Code, Chs. Comm 61-65)
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15), 101.12 (1), 101.128 (2), and 101.973 (1), Stats., the Department of Commerce will hold a public hearing on proposed rules relating to construction of public buildings and places of employment.
The public hearing will be held as follows:
Date & Time
Location
March 16, 2004
(Tuesday)
Commencing at 9:30 a.m.
Thompson Commerce Center
Third Floor, Room 3B
201 West Washington Ave.
Madison, Wisconsin
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 March 23, 2004, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Sam Rockweiler, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at srockweiler@commerce.state.wi.us.
This hearing will be 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 a request from a person with a disability.
Analysis Prepared by Department of Commerce
Statutory Authority: ss. 101.02 (1) and (15), 101.12 (1), 101.128 (2), and 101.973 (1), Stats.
Statutes Interpreted: ss. 101.02 (1) and (15), 101.12 (1), 101.125, 101.128 (2), and 101.973 (1), Stats.
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating comprehensive construction requirements for public buildings and places of employment. These requirements are primarily contained in chs. Comm 61 to 65, which is the Wisconsin Commercial Building Code. The current version of this Code became effective on July 1, 2002.
Subsequent to adoption of the 2002 version of this Code, numerous improvements have occurred in several of the nationally recognized standards that are incorporated by reference into this Code, particularly the building code requirements developed by the International Code Council®.
These proposed rules would update chs. Comm 61 to 65 to reflect many of these improvements, codify several interim approvals the Department has issued for alternate design methods and standards, and accommodate various other clarifications that are expected to somewhat simplify compliance with this comprehensive code.
The proposed rules would also expand when fire protection systems must receive plan approval from the Department or an agent, to include systems for residential occupancies containing more than two dwelling units, where the occupants are primarily permanent in nature.
These rule changes have been developed with input from the Department's Commercial Building Code Council and the Multifamily Dwelling Code Council.
Copies of Rule
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, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter 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.
Builders and owners of commercial buildings and places of employment.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Some additional documentation may be needed to obtain approvals from the Department or authorized agents for the fire protection system plans that are addressed by the rules.
3. Types of professional skills necessary for compliance with the rules.
No additional skills.
Fiscal Estimate
The Department is promulgating minor changes that primarily relate to administering the Wisconsin Commercial Building Code. These changes are expected to have no major long-term impacts on costs or revenues at either state or local levels. However, the proposed review of automatic fire sprinkler systems in R-2 occupancies would result in a minor increase in revenues at the state level, and at local levels that have accepted delegation of state-level plan review. This review is expected to apply to about 50 construction projects per year, and generate an average review fee of $500 per project. Sixty percent of the review is expected to occur at the state level, and 40% is expected to occur at the local level. The Department will assign existing staff to perform the review, so no additional staff will be needed.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to s. 938.22 (2) (a), Stats., and interpreting ss. 301.36, 301.37, and 938.209, Stats., and 42 USC 5601 to 5761 and 28 CFR Part 31, the department of corrections will hold public hearings to consider the repeal and recreation of rules relating to secure detention facilities and juvenile portions of county jails.
Hearing Information
Date & Time     Location
March 29, 2004     Ruth Gilfry Center
10:00 a.m.     Room 103-104 Lower Level
    817 Whiting Avenue
    Stevens Point, WI 54481
March 31, 2004     State Office Building
10:00 a.m.     Room 151
    141 N.W. Barstow Street
    Waukesha, WI 53188
    (262) 521-5320
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. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by April 7, 2004. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925.
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email: kathryn.anderson @doc.state.wi.us, telephone (608) 240-5049 by March 19, 2004.
Analysis Prepared by the Department of Corrections
Statutory authority: s. 938.22 (2) (a), Stats.
Statutes interpreted: ss. 301.36, 301.37 and 938.209, Stats., and 42 USC 5601 to 5761 and 28 CFR Part 31.
The rule:
1. Reorganizes and renumbers the existing chapter DOC 346.
2. Updates citations to include references to chapter 938, Wis. Stats.
3. Updates citation to the federal Juvenile Justice and Delinquency Prevention Act, 42 USC 5601 to 5761, and its regulations, 28 CRF Part 31, to indicate Wisconsin's compliance with the current version of the act and regulations.
4. Creates definitions for the following terms: construction plans, officer, and secure perimeter.
5. Amends definitions for the following terms: family, juvenile, multi-purpose space, and undergarments.
6. Amends the requirements for the operational plan to include policies and procedures concerning disciplinary hearings, release, and searches.
7. Creates a requirement that the facility shall maintain a record of the proceedings for the annual meeting.
8. Amends the information which the facility is required to maintain on an admitted juvenile to include date and time of admission, authority for admission, and date and time of release.
9. Amends the timeframe for reporting to the department major occurrences from 48 to 24 hours.
10. Amends the reporting requirement for suicide attempts to those situations where the juvenile is admitted to a hospital or if the juvenile is treated for a life-threatening injury.
11. Clarifies that juveniles may only be admitted to secure detention based on enumerated statutory provisions.
12. Eliminates the reference to the intake worker as a step in the admission process for a secure detention facility.
13. Prohibits the holding of a person who is 18 years of age or older in a secure detention facility or a juvenile portion of a county jail.
14. Deleted requirement to report to the department violations of s. 938.067, Wis. Stats., powers and duties of intake workers.
15. Creates a requirement that facilities develop policies and procedures addressing the release of juveniles from the facility.
16. Clarifies the procedure for the submission and approval of construction plans.
17. Limits the use of receiving cells not to exceed 72 continuous hours.
18. Limits the use of holding rooms not to exceed 24 continuous hours.
19. Requires facilities which are newly built or substantially remodeled after the effective date of the rule to install anti-rollout plates on all upper bunks.
20. Creates a requirement for storage space and visiting space but does not impose any dimensional requirements.
21. Creates a requirement for classroom space. This requirement only applies to facilities that are newly constructed or substantially remodeled after the effective date of the rule.
22. Creates a requirement that if medical or dental services are provided in the facility, there shall be sufficient space, equipment, supplies and materials for the performance of the services in a confidential and private manner.
23. Creates a minimum dimensional requirement for outdoor recreation space if a facility provides for outdoor recreation.
24. Reduces the frequency of fire inspections from semi-annually to annually.
25. Creates requirement of meeting ch. HFS 190 which is consistent with ch. DOC 350 and which is consistent with current practice.
26. Requires specific training on the subjects of suicide prevention, mental health, crisis intervention, medications, use of restraints and control devised, and communication skills.
27. Requires that 8 hours of the current annual 24-hour recertification training address suicide prevention, mental health, crisis intervention, and medications.
28. Requires that the second staff person on duty must be an officer, not an administrative or clerical person.
29. Requires that a facility include a policy and procedure on the issue of delivery of medications.
30. Permits a facility to create a policy for the supervised self-administration of insulin injections.
31. Requires TB testing for juveniles who are held beyond one week if prescribed a medical professional.
32. Permits a juvenile to abstain from eating foods which violate the juvenile's religion and requires the facility to substitute from other available food from the menu served at the meal as long as the substitution is nutritious and meets generally accepted nutritional standards.
33. Prohibits audio monitoring of professional visits.
34. Clarified language regarding the observation of juveniles.
35. Creates requirement for facilities to develop policies and procedures relating to searches (juveniles, staff, and property).
36. Removes the requirement to report damage to a facility, which compromises safety or security.
37. Amends the list of restraints and control devices to include restraint chairs.
38. Creates a subchapter which addresses the use of juvenile portions of a county jail.
39. Clarifies that juveniles may only be admitted to a juvenile portion of a county jail for limited periods of time.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.
Fiscal Estimate
Although the Department anticipates additional workload related to policy development, it does not anticipate additional costs. Costs to individual counties cannot be determined at this time, but it is estimated that they will be minimal.
Contact Person
Paper copies of the rule and the fiscal estimate may be obtained without cost from Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, telephone (608) 240-5049, email kathryn.anderson@doc.state.wi.us. Copies will also be available at the public hearings.
Notice of Hearing
Gaming
NOTICE IS HEREBY GIVEN that pursuant to ss. 16.004 (1), 227.11 (2) (a), 562.02 (1) and 562.065, Stats., and interpreting ss. 562.02 and 562.065, Stats., the Department of Administration will hold a public hearing on both the emergency rule and proposed permanent rule order repealing s. Game 23.02 (2), relating to purses paid to greyhound owners who are residents of the State of Wisconsin.
Hearing Information
Date:   March 16, 2004
Time:   1:00 p.m.
Location:   Western Racine County Services Center
  Eppers Room
  209 N. Main St.
  Burlington, WI
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Daniel Subach, Department of Administration-Division of Gaming, PO Box 8979, Madison, WI 53708-8979. Written comments must be received by March 26, 2004, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Administration
Statutory Authority: ss. 16.004 (1), 227.11 (2) (a), 562.02 (1) (a) and 562.065, Stats.
Statutes Interpreted: ss. 562.02 and 562.065, Stats.
Section Game 23.02 (2) was created in the Department's rulemaking order (03-070). The Department proposes repealing this section due to the unforeseen hardship that it has created on the Wisconsin racetracks. This financial hardship presents itself in multiple ways. The racetracks rely on an outside vendor to compute the purses earned by all individuals. The vendor produces a similar system for most greyhound racetracks in the country. The purses are generated by the amount of money wagered on all races over a period of time. The current system does not provide for bonus purses to be paid out based upon the residency of certain owners. The current system would have to be reprogrammed at a significant cost to the racetracks. Although the bonus purses could be calculated and paid without a computer, it would create excessive clerical work that would also be costly to the racetracks.
Additionally, Geneva Lakes Greyhound Track committed to paying a minimum payout of purses to the greyhound and kennel owners that race in Delavan. Geneva Lakes Greyhound Track will supplement out of their own money any purse amount that does not exceed the minimum payout. As a result of paying the bonus purse to Wisconsin owned greyhounds, the variance between the actual purse and the minimum purse is increased and the financial liability to the racetrack is increased. Since this supplement is voluntary, the racetrack has indicated that it will probably have to cease the supplemental purses to the participants. This would result in reduced payments to the vast majority of the kennel owners and greyhound owners participating at the racetrack.
In creating this rule, the Department did not intend to create the disadvantages caused by this rule.
Text of Proposed Rule
SECTION 1: Game 23.02 (2) is repealed.
Fiscal Estimate
The repeal of this rule will not have any fiscal impact on any governmental entity.
Initial Regulatory Flexibility Analysis
There will be no significant impact on small businesses.
Contact Person
If you have any questions regarding the rule amendments, please contact:
Daniel Subach
Department of Administration – Division of Gaming
2005 W. Beltline Hwy., Suite 201
PO Box 8979
Madison, WI 53708-8979
Telephone (608) 270-2539
Notice of Proposed Rulemaking
Medical Examining Board
NOTICE IS HEREBY GIVEN that pursuant to ss. 15.08 (5) (b), 227.11 (2) and 448.965, Stats., and interpreting 1999 Wisconsin Act 180, and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Medical Examining Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice on March 1, 2004, the Medical Examining Board 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.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 448.965, Stats.
Statutes interpreted: 1999 Wisconsin Act 180.
1999 Wisconsin Act 180, effective June 2, 2000, created the Occupational Therapists Affiliated Credentialing Board and made numerous substantive changes to the licensure and regulation of occupational therapists and occupational therapy assistants. The Occupational Therapists Affiliated Credentialing Board thereafter promulgated administrative rules required by the new law, which became effective January 1, 2003, and are found at Chs. OT 1 to 5. The administrative rules found at ch. Med 19, which governed the licensure of occupational therapists and occupational therapy assistants before creation of the new affiliated credentialing board, were not, through oversight, repealed.
Text of Rule
SECTION 1. Chapter Med 19 is repealed.
Fiscal Estimate
This rule change will have no fiscal impact on the Department of Regulation and Licensing.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department's 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 53708-8935, (608) 266-0495.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 23.09 (2), 29.014, 29.089 (3) and 227.11, Stats., interpreting ss. 29.089 (3), 29.164 (2), 29.184 and 29.192 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10 and 11, Wis. Adm. Code, relating to hunting and trapping regulation changes. In addition, pursuant to ss. 23.09 (2) (c), 29.014 (1), 29.041, 29.614 and 227.11 (2) (a), Stats., interpreting ss. 29.014 (1) and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 20, 23 and 26, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin.
Analysis Prepared by Dept. of Natural Resources
The proposed rules for chs. NR 10 and 11:
1. Repeal the prohibition on Canada goose hunting on the Saturday, Sunday and Monday of the Labor Day holiday weekend.
2. Extend the fall turkey season to 40 consecutive days by opening the season on October 1.
3. Clarify that Willow River and Kinnickinnic state parks have a 9-day deer gun season.
4. Clarify the muzzleloader and firearm seasons at the Loew Lake unit of the Kettle Moraine state forest.
5. Extend the muzzleloader deer season to 10 days in state parks where the muzzleloader season is offered to be consistent with the statewide muzzleloader deer season.
6. Create a 9-day deer gun season at Governor Thompson state park.
7. Modify the muskrat, fisher and mink seasons to provide consistency in season dates and lengthen the seasons for these species.
8. Extend the deadline for purchasing a class A bear hunting license to August 1.
9. Allow legally harvested deer to be skinned prior to registration.
10. Allow dogs to be used for hunting turkeys during the fall turkey hunting season.
11. Extend the late archery season by three days in state parks where late archery deer hunting is allowed.
12. Create three new turkey management zones.
13. Eliminate sharp-tailed grouse closed areas in northwestern Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN THAT the proposed rules for chs. NR 20, 23 and 26 include:
1. Increasing the minimum length limit from 34 to 45 inches for muskellunge on the Wisconsin River from the Castle Rock dam in Adams and Juneau Counties upstream through Wood County, to the DuBay dam in Portage County.
2. Reducing the daily bag limit from 25 in total to 10 in total for catfish on the Lower Wisconsin River from the Wisconsin Dells dam in Columbia and Sauk Counties downstream through Dane, Iowa, Richland, Grant and Crawford Counties.
3. Eliminating motor trolling on the Wolf River from its mouth at Lake Poygan upstream to the dam in the city of Shawano and all its tributaries upstream to the first dam, including Cincoe and Partridge Lakes in Winnebago, Waupaca and Shawano Counties.
4. Increasing the minimum length limit for muskellunge on the Menominee River (Wisconsin/Michigan boundary waters) from the Hattie Street dam downstream to the eastern end of the breakwalls in Green Bay.
5. Standardizing trout regulations across county boundaries in Barron, Dunn, Trempealeau, Jackson, Monroe, Eau Claire and Buffalo Counties.
6. Removing the size restrictions for trout on Knapp pond in Dunn County.
7. Increasing the minimum length limit for lake trout on Black Oak Lake, Vilas County.
8. Reducing the daily bag limit for panfish on Lake Altoona, Eau Claire County.
9. Increasing the minimum length limit and reducing the daily bag limit for bass, reducing the daily bag limit for panfish, and increasing the minimum length limit and reducing the daily bag limit for walleye on Silver Lake, Manitowoc County.
10. Increasing the minimum length limit and decreasing the daily bag limit for bass and reducing the daily bag limit for panfish on Erler Lake, Washington County.
11. Increasing the harvest slot limit for walleye, sauger and hybrids on Yellowstone Lake in Lafayette County.
12. Reducing the minimum length limit and increasing the daily bag limit for walleye, sauger and hybrids in Sand Lake, Rusk County.
13. Eliminating the no minimum length limit for walleye, sauger and hybrids on Rib Lake, Taylor County.
14. Allowing motor trolling in Walworth County.
15. Extending the duration of the Wingra Creek refuge.
16. Establishing two new fish refuges on portions of the Big Eau Pleine River in Marathon County.
17. Establish a new fish refuge on the Little Somo and Tomahawk Rivers in Lincoln Counties.
18. Establishing three new fish refuges on the Little Wolf River in Waupaca County.
19. Establishing a new fish refuge on the Spirit River in Lincoln County.
NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on Monday, April 12, 2004, 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 12, 2004 at 7:00 p.m. at the following locations:
Adams    
Adams Co. Courthouse
County Board Room, 402 Main Street, Friendship
Ashland      
Ashland Sr. High School, Auditorium
1900 Beaser Avenue, Ashland
Barron    
Barron Co. Courthouse, Auditorium, 330 E. LaSalle Avenue, Barron
Bayfield    
Bayfield Co. Courthouse
County Board Room, 117 E. 5th Street, Washburn
Brown    
Southwest High School, Auditorium, 1331 Packerland Drive, Green Bay
Buffalo    
Alma High School, Auditorium,
S1618 STH 35, Alma
Burnett    
Burnett Co. Government Center
Room 165, 7410 County K, Siren
Calumet    
Calumet Co. Courthouse, Room 25, 206 Court Street, Chilton
Chippewa    
Chippewa Falls Middle School
Auditorium A, 750 Tropicana Blvd., Chippewa Falls
Clark    
Greenwood High School, Cafetorium, 306 W. Central Ave., Greenwood
Columbia    
Columbia County Courthouse,
400 DeWitt Street, Portage
Crawford    
Crawford Co. Courthouse, Courtroom, 200 N. Beaumont Road,
Prairie du Chien
Dane    
Alliant Energy Center (Dane Co. Expo Center), 1919 Alliant Energy Way, Madison
Dodge    
Horicon City Hall,
404 East Lake Street, Horicon
Door    
Door Co. Courthouse, Room A150, 421 Nebraska Street, Sturgeon Bay
Douglas    
Superior Sr. High School
2600 Catlin Avenue, Superior
Dunn    
Dunn Co. Fish and Game Club,
1900 Pine Avenue, Menomonie
Eau Claire    
South Middle School, Auditorium, 2115 Mitscher Avenue, Eau Claire
Florence    
Florence Natural Resource Center, 4842 Forestry Drive, Florence
Fond du Lac    
Theisen Jr. High School, Auditorium, 525 E. Pioneer Road, Fond du Lac
Forest    
Crandon High School, 9750 STH 8, Crandon
Grant    
Lancaster High School,
Hillary Auditorium, 806 E. Elm Street, Lancaster
Green    
Pleasant View Annex, Auditorium, N3150 Hwy. 81, Monroe
Green Lake    
Green Lake High School,
Small Gymnasium, 612 Mill Street, Green Lake
Iowa    
Dodgeville High School, Gymnasium, 912 W. Chapel Street, Dodgeville
Iron    
Mercer Community Center,
2448 West Margaret, Mercer
Jackson    
Black River Falls Middle School,
LGI Room, 1202 Pierce Street,
Black River Falls
Jefferson    
Jefferson County Fair Park,
Activity Center, 503 N. Jackson Street, Jefferson
Juneau    
Juneau County Courthouse,
County Board Room, 220 E. State St., Mauston
Kenosha    
Bristol Grade School, Gymnasium, 20121 83rd Street, Bristol
Kewaunee    
Kewaunee Co. Courthouse,
Courtroom, 613 Dodge Street,
Kewaunee
La Crosse    
Onalaska High School, Gymnasium, 700 Hilltop Place, Onalaska
Lafayette    
Darlington High School, Cafeteria, 11630 Center Hill Road, Darlington
Langlade    
Langlade Co. Multi-purpose Bldg., 1581 Neva Road, Antigo
Lincoln    
Tomahawk Elementary School,
Auditorium, 1048 E. Kings Road, Tomahawk
Manitowoc    
UW-Manitowoc, Theater,
705 Viebahn Street, Manitowoc
Marathon    
John Muir Middle School,
1400 W. Stewart Avenue, Wausau
Marinette    
Crivitz High School, Auditorium,
400 South Avenue, Crivitz
Marquette    
Montello High School,
Community Room, 222 Forest Lane,
Montello
Menominee  
Menominee Co. Courthouse,
Basement, Courthouse Lane, Keshena
Milwaukee  
Greenfield High School, Auditorium, 4800 South 60th Street, Greenfield
Monroe    
Sparta Meadowview High School, Cafetorium, 1225 N. Water Street, Sparta
Oconto    
Suring High School, Cafeteria,
411 E. Algoma Street, Suring
Oneida      
James Williams Jr. High School,
915 Acacia Lane, Rhinelander
Outagamie    
Riverview Middle School, Auditorium, 101 Oak Street, Kaukauna
Ozaukee    
Webster Middle School, Auditorium, W75 N624 Wauwatosa Road,
Cedarburg
Pepin    
Pepin Co. Government Center,
County Board Room,
740 7th Avenue West, Durand
Pierce    
Ellsworth Senior High School,
Auditorium, 323 Hillcrest, Ellsworth
Polk    
Unity High School, Auditorium,
1908 State Road 46, Balsam Lake
Portage    
Ben Franklin Jr. High School,
Auditorium, 2000 Polk Street,
Stevens Point
Price    
Price Co. Courthouse, Board Room, 126 Cherry Street, Phillips
Racine    
Union Grove Grade School,
1745 Mildrum, Union Grove
Richland    
Richland Co. Courthouse,
Courtroom, 181 W. Seminary Street,
Richland Center
Rock    
Loyal Order of Moose Lodge,
2701 Rockport Road, Janesville
Rusk    
Ladysmith High School, Auditorium, 1700 Edgewood Ave. East, Ladysmith
St. Croix    
Indianhead Tech. College, Cashman Auditorium, 1019 S. Knowles Avenue, New Richmond
Sauk    
Ringling Theatre, 136 4th Avenue, Baraboo
Sawyer    
Winter High School Auditorium,
6585 W. Grove Street, Winter
Shawano    
Shawano Community Middle School, LGI, 1050 S. Union Street, Shawano
Sheboygan    
Sheboygan Falls High School,
220 Amherst Avenue, Sheboygan Falls
Taylor    
Taylor Co. Multi-purpose Bldg., Hwys. 64 and 13, Medford
Trempealeau    
Whitehall City Center, Gymnasium, 36245 Park Street, Whitehall
Vernon    
Viroqua Middle School, Large Lecture Room, Blackhawk Drive, Viroqua
Vilas    
Sayner Community Center,
Golf Course Road, Sayner
Walworth    
Delavan High School, Auditorium,
150 Cummings Street, Delavan
Washburn    
WI Agriculture Research Station,
Conference Room, W6646 Hwy. 70, Spooner
Washington    
Washington Co. Fairgrounds,
Exhibit Hall, 3000 Hwy. PV,
West Bend
Waukesha    
Waukesha Co. Expo Center, Arena, 1000 Northview Road, Waukesha
Waupaca    
Waupaca High School, Auditorium, E2325 King Road, Waupaca
Waushara    
Waushara Co. Courthouse, 2nd Floor Courtroom, 209 S. St. Marie Street, Wautoma
Winnebago    
Oshkosh North High School,
Auditorium, 1100 W. Smith Avenue,
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 April 12, 2004.
Written comments on the proposed rule revisions of hunting and trapping regulations 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 13, 2004. Written comments will NOT, however, be counted as spring hearing votes.
Copies of Rule and Contact Person
A copy of the proposed rules 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.
Initial Regulatory Flexibility Analysis
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.
Environmental Analysis
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.
Fiscal Estimate
The department anticipates no ongoing fiscal impact to the state or to local government.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.063 and 227.11, Stats., interpreting ss. 29.063, 29.177 and 29.361, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 12 and 19, Wis. Adm. Code, relating to the control and management of chronic wasting disease.
Analysis Prepared by Dept. of Natural Resources
The proposed rule establishes new boundaries for the herd reduction zone and the CWD eradication zone. The intensive harvest and eradication zones are combined into the CWD eradication zone, which will be identifiable by recognizable boundaries which are also established in the rule. The population goal of zero in the eradication zone has been modified. Tagging and licensing options in the CWD zones are liberalized and specific state park seasons are clarified and the archery season in parks within the CWD zones are extended. Numerous minor housekeeping changes are also included in the rule in order to keep the administrative code up-to-date and uncluttered. The proposed rule also modifies a ch. NR 19 provision that would allow the department to charge a handling fee for free permits or licenses.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
March 16, 2004
Tuesday
7:00 p.m.
Round Barn Lodge and Restaurant
E4830 US Hwy. 14 & 60
Spring Green
Basement Meeting Room
Portage City Hall
115 W. Pleasant Street
Portage
Town of Turtle Community Center
6916 South CTH J
Shopiere
March 17, 2004
Wednesday
7:00 p.m.
Lincoln Conference Room, Ramada Inn/White House Supper Club
1450 Veterans Drive
Richland Center
Basement Conference Room
Karakahl Country Inn
1405 Business 18/151 East
Mt. Horeb
Room CO55
Richard T. Anderson Education Cntr.
Waukesha County Technical College
800 Main Street
Pewaukee
March 18, 2004
Thursday
7:00 p.m.
RFS Center
18298 Highway D
Fayette
Activity Center
Jefferson Co. Fairgrounds
503 N. Jackson Street
Jefferson
Auditorium
Richard Bong State Recreation Area
26313 Burlington Road
Kansasville
NOTICE IS HEREBY FURTHER GIVEN that the Department will be having an open house/informational meeting immediately preceding each public hearing. An open house/informational meeting on the deer herd status and the proposed CWD rule will be held from 4:00 p.m. to 7:00 p.m. in Spring Green, Portage, Shopiere, Richland Center, Mt. Horeb, Fayette and Jefferson. An open house/informational meeting on the proposed CWD rule only will be held from 6:00 p.m. to 7:00 p.m. in Pewaukee and Kansasville.
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.
Copies of Rule and Contact Person
Written comments on the proposed rules may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 22, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.
Initial Regulatory Flexibility Analysis
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.
Environmental Analysis
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.
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.
A. Increased Costs Details
Carcass Disposal: Based on the figures for the 2003 deer season statewide and in the CWD zones, we anticipate similar numbers to be generated for the 2004 seasons.
Anticipated Eradication Zone Disposal Costs in the expanded zone based on 10,000 deer:
Shipping Cost     $78,512.00
Storage Cost     $110,000.00
Cremation/Digester Cost   $7,425.00
(only positives)
Landfill Cost     $6,669.00
Misc. Disposal Cost 1   $108,375.00
Other Misc. Costs 2   $16,250.00
Total     $327,231.00
Anticipated grand total for statewide carcass disposal: $327,231
CWD Deer Hunts: The costs associated with the implementation of the expanded deer hunt in the expanded CWD eradication and herd reduction zones:
Law Enforcement: The additional hunts will require 8 additional hours per pay period for each of the 6 wardens in the expanded zones. 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:
6 Wardens x 8 hours/pay period = 48 hrs/pay period x 10 pay periods = 480/hrs x $35/hr salary and fringe = $16,800 salary and fringe. In addition, there will be the added cost of approximately $2,040 meals and $2,189 in mileage (meals and miles based upon 2002 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 LTE's, as well as mileage and other equipment expenses.
3 LTE's x 20 hours/week = 60 hours x 10 pay periods = 600 hours x $11/hour = $6,600
10 hours of overtime / pay period x 14 (SER wildlife staff) = 140 hours x 10 pay periods = 1,400 hours x $28/hour (salary and fringe) = $39,200
Meals, mileage and other 1614 appropriations based on the first 14 weeks of CWD operation expenditures (~ $2,000 / wk): 20 weeks x $2,000 = $40,000
Parks and Recreation: Signage and maps will need to be produced for the 3 state park/state forest properties where expanded herd control measures will be in effect.
Supplies and Services: Printing or updating Maps, Signs, Permits and Instructions:
$500.00 for 3 properties which have previously been open to deer hunting ($500x 3) = $1,500
Supplies and Services: Vehicle Maintenance and Expenses for Increased Patrol & Sharpshooting
$1,000 per park x 3 = $3,000
Salaries and Fringes - $30 per hour: Determination of Hunting Boundaries, Preparing/Revising Maps and Signs, Posting Signs
16 hours 3 properties which have previously been open to deer hunting (16 x 3 x $30) = $1,440
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 3 properties x 38 days (based on the average number of days all 3 parks will be open to hunting) = $13,680
Anticipated grand total for hunting season implementation
Salary and Fringe:   $77,720
Materials and Expenses:   $48,729
New Eradication Zone Efforts: Deer registration staff time and resources will be required.
Registration Stations = 6 perm. employees x 20 additional hours/pay period x 4 pay periods = 480 x $28 / hour = $13,440 salary and fringe.
Meals, mileage and other 1614 appropriations based on last years CWD operation expenditures (~ $2,000 / wk): 11 weeks x $2,000 = $22,000
Anticipated grand total for eradication zone activities
Salary and Fringe:   $13,440
Materials and Expenses:   $22,000
B. Decreased Revenue Details:
There will be a loss in revenue stemming from the absence of bonus permit sales in the CWD zones and the potential issuance of free licenses to CWD eradication zone hunters.
Approximately 80% of bonus permits are sold to resident hunters with the remaining 20% sold to non-residents. Bonus permits cost $12 for residents and $20 for non-resident deer hunters.
Bonus permit sales from 2002-2003 were used to determine the average number of bonus permits sold in Deer Management Units (DMUs) 70G, 76A, 77B, and 77C.
70G – 796
76A – 5,791
77B – 2,311
77C – 2,258
Under the current proposal, DMUs 76A and 77C would be split. Accordingly, the number of bonus permits sold would have to be adjusted.
76A – 5,791/2 = 2,896
77C – 2,258/2 = 1,129
The total number of bonus permit sales lost would equate to the following.
796+2,896+2,311+1,129 = 7,132
Bonus Permit Sales Loss
7,132 x .8 = 5,706 x 12 = $68,472
7,132 x .2 = 1,426 x 20 = $28,520
$68,472+$28,520 = $96,992
Free Licenses to CWD Disease Eradication Zone Hunters
The fiscal impact of revenue loss from exempting hunters in CWD zones from having a license could be anywhere between $0 and $2,428,200, depending on how extensive the Department implemented the provision. For the entire herd reduction zone in southwest Wisconsin, the Department estimated the number of hunters in 12 deer management zones based on the average number of deer harvested from those zones for the years 1999 through 2001. The average annual number of hunters in those zones is estimated at a total of 109,000.The average deer hunter success rate from 1999-2001 was 44% The average number of deer harvested per year (47,900) divided by the average harvest success rate (44%) yields the approximate number of licensed hunters per year in the 12 management zones (109,000). Using the following methodology, the Department estimates the loss of revenue for exempting licenses for the entire herd reduction zone to be $2,428,200. Using the same methodology, but exempting licenses only for what is now called the intensive harvest zone would result in an estimated revenue loss of $376,400.
License sales from 1999-2001 were averaged to determine the approximate percentage of deer hunters under the authority of each license type as follows:
9.2% - Resident Patron; 10.0% - Resident Sports; 55.5% - Resident Gun Deer; 19.9% - Resident Archery; 4.5% - Non-resident Gun Deer; .9% - Non-resident Archery.
The total fiscal impact created by free landowner permits can then be calculated by determining the number of each license authority sold based on the 1999-2001 averages.
Resident Patron - For Resident Patron license holders, it is assumed that most patron license buyers would continue to buy the patron license for the other privileges included with the license. However, it is estimated that 5% would stop buying patron licenses and purchase small game and fishing licenses separate, at a loss of $107 per license holder. For this assumption, the Department would lose $53,878.
(109,000 licenses x .092% of license type = 10,071 patron licenses x 5% = 504 x $107 = $53,878)
Resident Sports - For Resident Sports license holders, it is assumed that 70% would discontinue buying the Sports license, and instead buy a small game license and a fishing license, at a revenue loss of $12 each to the Department. For this assumption, the Department would lose $9,096.
(109,000 x .10 = 10,855 Sports Licenses x 70% = 7,599 x $12 = $91,186)
For Resident Gun Deer, it is assumed that 90% of License holders in the 12 zones would not buy deer licenses. For this assumption the Department would lose $1,087,979. (109,000 x .55.5 = 60,443 x 90% = 54,399 licenses x $20 = $1,087,979)
For Resident Archery, it is assumed that 90% of license holders in the 12 zones would not buy deer licenses. For this assumption, the Department would lose $390,000. (109,000 x .19.9 = 21,667 licenses x 90% = 19,500 x $20 = $390,000)
For Non-resident Gun Deer, it is assumed that 100% of license holders would not buy deer licenses. For this assumption, the Department would lose $665,558. (109,000 x .045 = 4,930 licenses x $135 = $665,558)
For Non-resident Archery, it is assumed that 100% of license holders would not buy deer licenses. For this assumption, the Department would lose $117,720.
(109,000 x .009 = 1,034 licenses x $135 = $139,568)
Total Licensing Loss
$53,878 + $91,186 + $1,087,979 + $390,000 + $665,558 + $139,568 = $2,428,169
Caveats
1) People may have bought licenses even though it was not required.
2) Hunter numbers declined in this area after the discovery of CWD, but have shown rebounding trends.
3) The estimate is totally dependent on which areas are selected for exemption.
Total anticipated decreased revenue from loss of bonus permit sales and the issuance of free licenses in the CWD eradication zone (pending legislative approval) = $96,992 + $2,428,169 = $2,525,161.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (26), 350.12 (4) and 227.11 (2) (a), Stats., interpreting ss. 23.09 (26) and 350.12 (4), Stats., the Department of Natural Resources will hold a public hearing on revisions to s. NR 50.09 (4) and (5), Wis. Adm. Code, relating to the snowmobile trail grant program. The proposed rule will change the color, shape and size of the directional arrow used in signing snowmobile trails. The proposed rule also changes the reference to the maximum per mile reimbursement from an old figure of $200 to that specified under current statute.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 24, 2004     Room 1,
Wednesday     Portage Co. Courthouse Annex,
at 1:00 p.m.     1462 Strongs Avenue
    Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Larry Freidig at (608) 266-5897 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Rule and Contact Person
Written comments on the proposed rules may be submitted to Mr. Larry Freidig, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than March 26, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Freidig.
Initial Regulatory Flexibility Analysis
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.
Environmental Analysis
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.
Fiscal Estimate
There is no fiscal impact for these rules.
Notice of Hearings
Natural Resources
(Environmental Protection-General,
Chs. NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 292.75 and 227.11 (2) (a), Stats., interpreting s. 292.75, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 168, Wis. Adm. Code, relating to the administration of the brownfield site assessment grant program.
Analysis Prepared by Dept. of Natural Resources
Since ch. NR 168 was promulgated in 2000, four rounds of grants have been issued. The proposed rule modifies ch. NR 168 with technical clarifications so that the rule language is consistent with statutory changes made after the rule took effect. The changes are meant to clarify grant guidelines and to address issues not considered during the initial draft of the rule. Other changes proposed are to revise the application scoring process so that more points are given to sites that are greater environmental and community priorities, with less emphasis on the financial contribution of the applicant.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 16, 2004
Tuesday
9:00 a.m.
Video conference participation will be available at:
Room 227
UW-Madison Pyle Center
702 Langdon Street
Madison
Room 98, State Office Building
819 N. 6th Street
Milwaukee
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
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 Michael Prager at (608) 261-4927 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Rule and Contact Person
Written comments on the proposed rule may be submitted to Mr. Michael Prager, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 or faxed to (608) 267-7646 no later than March 26, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Prager.
Initial Regulatory Flexibility Analysis
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.
Environmental Analysis
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.
Fiscal Estimate
None anticipated.
Notice of Hearing
Psychology Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss. 15.08 (5) (b), 227.11 (2), and 455.08, Stats., and interpreting ss. 455.065, 455.08 and 455.09, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. Psy 2.09 (5); to amend sections ss. Psy 1.02 (3), 2.09 (1) (i), 4.02 (2) (intro.) and (c); and to create ss. Psy 1.02 (9) and 5.01 (14) (d), relating to the definitions of client and psychological treatment, degree requirements, interim determination of degree requirements met, continuing education courses and professional conduct.
Hearing Date, Time and Location
Date:   March 17, 2004
Time:   9:30 A.M.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by March 29, 2004, to be included in the record of rule-making proceedings.
Proposed Order
An order of the Psychology Examining Board to repeal s. Psy 2.09 (5); to amend ss. Psy 1.02 (3), 2.09 (1) (i), 4.02 (2) (intro.) and (c); and to create ss. Psy 1.02 (9), and 5.01 (14) (d); relating to the definitions of client and psychological treatment, degree requirements, interim determination of degree requirements met, continuing education courses and professional conduct.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2), 455.08 and 455.09, Stats.
Statutes interpreted: Sections 455.065, 455.08 and 455.09, Stats.
The minor changes treated by the rules herein concern qualifications for licensure, the scope of professional practice, continuing education and professional conduct. The Psychology Examining Board may promulgate these rules under s. 455.08, Stats., “The examining board shall adopt such rules as are necessary under this chapter and shall, by rule, establish a reasonable code of ethics governing the professional conduct of psychologists" Section 455.09, Stats., also charges the board with protecting the safety and welfare of the citizens from unprofessional conduct. Section 455.065, Stats. requires that the board promulgate rules for continuing education. Illinois, Iowa, Michigan and Minnesota have extensive rules concerning licensure requirements; Iowa and Minnesota have rules concerning scope of practice and professional conduct. The proposed rules make minor changes to the present rules, move some statements to more natural places in the present rules, make explicit present policy, and make clarifications. Only minor substantive changes are made to present procedures. No significant fiscal effect on small businesses is anticipated.
SECTION 1. removes a reference to students as clients of psychologists. The language was added to the rule recently but it caused unforeseen problems of interpretation. The purpose of the removed language is now served by the creation of Psy 5.01 (14) in Section 6, which prohibits sexual contact, etc., with students.
SECTION 2. adds explicit language to the administrative rules an interpretation regarding hypnosis and the practice of psychology that has long been followed by the Examining Board.
SECTION 3. creates language to clarify the meaning of the phrase "full-time residence," and adds instruction concerning multi-cultural differences to the substantive content area of “individual differences."
SECTION 4. removes a provision that the Examining Board will provide an interim determination to licensure candidates prior to completion of all requirements.
SECTION 5. removes the phrase "at the post-licensure level" from the section describing acceptable continuing education programs. The language was added to the rule recently but it proved to be unclear and misleading.
SECTION 6. creates a prohibition against sexual contact, etc. between psychologists and persons whom they are teaching, supervising or instructing.
TEXT OF RULE
SECTION 1. Psy 1.02 (3) is amended to read:
Psy 1.02 (3) "Client" means the individual, group, business, agency, school, organization, or association for whom the licensee of the board provides professional services for which the licensee is usually and customarily compensated. When teaching services are provided, the term "client" includes students. The term "client" includes the term and concept of "patient."
SECTION 2. Psy 1.02 (9) is created to read:
Psy 1.02 (9) “Psychological treatment" includes hypnosis used for therapeutic purposes other than smoking cessation or weight control.
SECTION 3. Psy 2.09 (1) (i) is amended to read:
Psy 2.09 (1) (i) The curriculum shall encompass a minimum of 3 academic years of full-time graduate study, at least one of which shall be in full-time residence at the site of the institution granting the degree. In addition to the instruction in scientific and professional ethics and standards, research design and methodology, statistics and psychometrics, the core program shall require each student to demonstrate competence in each of the following substantive content areas. This typically will be met by including a minimum of 3 or more graduate semester hours (5 or more graduate quarter hours) in each of these 4 substantive content areas: a) Biological bases of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology; b) Cognitive-affective bases of behavior: learning, thinking, motivation, emotion; c) Social bases of behavior: social psychology, group processes, organizational and systems theory; and d) Individual differences: personality theory, human development, abnormal psychology, multicultural differences. In addition, all professional education programs in psychology will include course requirements in specialty areas.
SECTION 4. Psy 2.09 (5) is repealed.
SECTION 5. Psy 4.02 (2) (intro.) and (c) are amended to read:
Psy 4.02 (2) (intro.) APPROVAL OF CONTINUING EDUCATION PROGRAMS. The board shall approve all of the following programs and courses if relevant to the professional practice of psychology at the post-licensure level:
(c) Graduate level courses or continuing education courses relevant to the professional practice of psychology at the post-licensure level offered by accredited colleges and universities.
SECTION 6. Psy 5.01 (14) (d) is created to read:
Psy 5.01 (14) (d) A person to whom the licensee is providing teaching, supervisory or other instructional services.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute this rule change.
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.
Notice of Hearing
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 453.03, Stats., and interpreting ss. 453.06 (1) and 453.065, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. VE 5.03 (1) (d); and to amend s. VE 2.01 (2), relating to admission time for national examinations and post graduate training permits.
Hearing Date, Time and Location
Date:   March 24, 2004
Time:   11:30 A.M.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 5, 2004 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 453.03, Stats.
Statutes interpreted: ss. 453.06 (1) and 453.065, Stats.
Section 1. Section VE 2.01 (2) is amended to change the admission time for graduates from 6 to 8 months within graduation date to allow candidates to take their national examination and to be consistent with current contact with National Boards. This amendment will outline requirements that must be met before a last year veterinary student can be admitted to the examination.
Section 2. Section VE 5.03 (1) (d) is repealed to be consistent with 2001 Wisconsin Act 76, relating to temporary post graduate training permits. The repeal of s. VE 5.03 (1) (d) eliminates the requirement that an applicant for a temporary post graduate training permit to either have completed the national licensure examination, be scheduled to take the examination, or be waiting for the results of the national examination.
Text of Rule
SECTION 1. VE 2.01 (2) is amended to read:
VE 2.01 (2) To be qualified to sit for the north American veterinary licensing examination, an applicant must either have graduated from or be a last year student who is scheduled to graduate in not more than 6 8 months at a school of veterinary medicine approved by the board or a foreign school of veterinary medicine listed by the AVMA. To be qualified to sit for the examination on state laws and rules, an applicant must meet the requirements of s. VE 3.03.
SECTION 2. VE 5.03 (1) (d) is repealed.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
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
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.