Rule-Making Notices (Hearing Notices)

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 [phone], email [e-mail]. Copies will also be available at the public hearings.

Notice of Hearing

Gaming

[CR 04-019]

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 [phone]

Notice of Proposed Rulemaking

Medical Examining Board

[CR 04-017]

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, [phone].

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 04-011 and CR 04-012 ]

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 [phone] 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 [phone].