Rule-making notices
Notice of Hearing
Commerce
(Licenses, Certifications, Ch. Comm 5)
(Manufactured Homes, etc., Chs. Comm 95 to 98)
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.951 and 101.952, Stats., the Department of Commerce will hold a public hearing on proposed rules under sections Comm 5.323 and 5.325 and chs. Comm 96 to 98, relating to manufactured home dealer and salesperson licenses.
The public hearing will be held as follows:
Date and Time
Tuesday, January 18, 2005 at 10:00 a.m.
Location
Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison
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 February 1, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.
This hearing is held in 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 of Proposed Rules
Statutory Authority: Sections 101.951 and 101.952, Stats.
Statutes Interpreted: Sections 101.951 and 101.952, Stats.
General Summary
Section 101.951, Stats., requires the Department of Commerce to issue licenses to and regulate manufactured home dealers through the promulgation of administrative rules. Chapters Comm 96, 97 and 98 currently contain the required rules for the licensure and regulation of manufactured home dealers. Section 101.952, Stats., requires the department to issue licenses to and regulate manufactured home salespersons through the promulgation of administrative rules. Chapter Comm 98 currently contains the required rules for the licensure and regulation of manufactured home salespersons.
The proposed rules repeal chapters Comm 96, 97 and 98 and create new sections in chapter Comm 5 for the licensure and regulation of manufactured home dealers and salespersons. The licensure fees currently specified in chapter Comm 98 are also being moved, without change, to chapter Comm 5.
Detailed Summary
In moving the administrative rules from chapters Comm 96, 97 and 98 into chapter Comm 5, some changes are being proposed. Several changes deal with the use of new department forms. An existing Note in section Comm 5.01 indicates how department forms may be obtained. The following listing is a summary of the major changes contained in the proposed rules.
1. Deleting the requirement that the branch and sublot must be in the same municipality as the main sales office. [Comm 5.003 (6m) and (48e)]
2. Increasing the term of the license from 2 years to 4 years for both the dealer license and the salesperson license. [Comm 5.06 Table 5.06]
3. Deleting the dealer license application requirements for asset reporting, liability reporting and net worth reporting, and requiring the use of a department form for submittal of financial information. [Comm 5.323 (2) (d) 2.]
4. The minimum net worth or surety bond requirements for the dealer license are revised and separated into broker and non-broker categories, and significantly increased for the non-broker. [Comm 5.323 (3) (a)]
5. Deleting the list of items to be included on a purchase contract and requiring the use of a department form for the purchase contract. [Comm 5.323 (6) (b)]
6. Requiring the use of a department form when a manufactured home dealer lists or offers to sell a used manufactured home on consignment. [Comm 5.323 (7) (a)1.]
7. Adding a rule requiring the dealer to have written verification of a dealership arrangement or an established relationship with a manufacturer to sell and advertise the manufacturer's new manufactured homes. [Comm 5.323 (9) (f) 1.]
8. Adding a rule requiring a manufactured home salesperson to obtain a salesperson license for each manufactured home dealer employing the manufactured home salesperson. [Comm 5.325 (1) (b)]
Federal Comparison
An Internet-based search of the Code of Federal Regulations (CFR) did not find any existing federal regulations relating to the licensure of manufactured home dealers and salespersons. Title 24 CFR Part 3282 Subpart F contains requirements for dealer responsibilities, but does not address licensing of dealers.
An Internet-based search of the 2003 and 2004 issues of the Federal Register did not find any proposed regulations relating to the licensure of manufactured home dealers and salespersons.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to the licensure of manufactured home dealers and salespersons.
Illinois has no state regulations applying to manufactured home dealer and salesperson licenses.
Iowa has state regulations that require anyone engaged in the business of selling mobile homes or manufactured homes to obtain a mobile home retailer's license, administered by the Department of Transportation. The regulations are very basic. A $50,000 surety bond is required, and a license must be obtained for each county in which the dealer maintains a place of business.
Michigan has extensive regulations applying to the licensure of manufactured home dealers, administered by the Department of Labor and Economic Growth. The regulations are very detailed and comprehensive, covering areas such as criminal record check, surety bond, sales location, advertising, recordkeeping, purchase agreements, prohibited business practices, and broker responsibilities.
Minnesota has state regulations applying to the licensure of manufactured home dealers, administered by the Department of Administration. The regulations are very general, covering areas such as application, place of business, manufacturer's sale agreement, recordkeeping, salespersons, and dealer responsibilities.
Advisory Council
The proposed rules have been developed with the assistance of the Manufactured Home Dealers and Salespersons Advisory Council. The members of that citizen advisory council are as follows:
Name   Representing
Russ Gilson   WI Housing Alliance (Real estate agent)
Bart Huntington   WI Housing Alliance
(Dealer/community owner)
Tom Palecek   WI Housing Alliance (Manufacturer)
Allen Schwoerer   WI Housing Alliance (Installer)
Mark Thiede   WI Housing Alliance (Dealer)
Gary Wegner   WI Housing Alliance (Salesperson)
Lynn Wehner   WI Housing Alliance (Lender/mortgage
  broker)
Steve Wetts   WI Housing Alliance (Salesperson)
Kathleen Zurawski   USDA Rural Development (Public)
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that sell manufactured homes.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules are an update and consolidation of existing rules. There are no new reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
4. Rules have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board
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.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing the manufactured home dealer and salesperson licenses rules. The proposed rules do not contain any changes in the Division's license fees charged for administering and enforcing the licensure program. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules will not have a significant fiscal effect on the private sector. The increased costs that may be incurred by the private sector are the result of proposed increases in the net worth or surety bond amounts for non-brokers. The proposed amounts for brokers however, have been reduced.
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.wi.gov/SB/. 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 Email 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 hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.
Notice of Hearing
Commerce
(Fees, Ch. Comm 2)
(Manufactured Homes, Chs. Comm 95 to 98)
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.935 and 101.937, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 26, 95 and 2, relating to manufactured home parks.
The public hearing will be held as follows:
Date and Time
Tuesday, January 18, 2005 at 1:00 p.m.
Location
Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison
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 February 1, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.
This hearing is held in 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 of Proposed Rules
Statutory Authority: Sections 101.935 and 101.937, Stats.
Statutes Interpreted: Sections 101.935 and 101.937, Stats.
General Summary
Section 101.935, Stats., requires the Department of Commerce to issue permits to and regulate manufactured home parks through the promulgation of administrative rules. The rules must also establish the park permit fee. Chapter Comm 95 currently contains the required rules for the regulation of manufactured home parks, including the park permit fees. Section 101.937, Stats., requires the department to establish rules for providing water or sewer service by a manufactured home park operator or manufactured home park contractor to a manufactured home park occupant. Chapter PSC 186 currently contains the required rules relating to the provision of water or sewer service to manufactured home park occupants. The authority for administering chapter PSC 186 was transferred from the Public Service Commission to the department in 2001.
The proposed rules repeal both chapters Comm 95 and PSC 186 and create a new chapter Comm 26 consisting of the regulation of manufactured home parks, including the provision of water or sewer service to the parks. The park permit fee requirements currently in chapter Comm 95 are being moved, without change, to chapter Comm 2 – Fee Schedule.
Detailed Summary
In moving the administrative rules from chapters Comm 95 and PSC 186 into chapter Comm 26, some changes are being proposed. The following listing is a summary of the major changes contained in the proposed rules.
1. Two sets of plans are required to be submitted for plan approval of a new or expanded manufactured home park. [Comm 26.07]
2. Street width requirements for new manufactured home parks are proposed to be wider where off-street parking is not provided. [Comm 26.12 (3)]
3. Fire hydrants are required in new manufactured home parks depending on the availability of adequate water supply. [Comm 26.13 (2)]
4. The rules regarding the establishment of general service charges for water and sewer service are revised and separated depending on whether the service is metered or not metered. [Comm 26.30 (1)]
5. The maximum allowed deposit for water and sewer service is increased from $40 to $60, and the requirement to pay interest on the deposit is deleted. [Comm 26.33 (1)]
Federal Comparison
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to manufactured home parks/communities.
Title 44 CFR Part 60 – Criteria for Land Management and Use. This regulation in the federal Department of Homeland Security requires local municipalities to have flood plain management regulations relating to proposed construction or other development in the municipality, including the placement of manufactured homes.
Several other federal regulations, such as Title 24 CFR part 201, Title 24 CFR Part 883 and Title 38 CFR Part 36, relate to loans and housing assistance for manufactured homes and home lots.
These federal regulations apply to different subjects and do not address the same activities as compared to the proposed rules.
An Internet-based search of the 2003 and 2004 issues of the Federal Register did not find any proposed regulations relating to manufactured home parks/communities.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to manufactured home parks/communities.
Illinois has state regulations applying to the licensure of manufactured home communities, administered by the Department of Public Health. The regulations are comprehensive, covering areas such as streets, parking, water, sewer, fire safety, waste disposal, and inspections.
Iowa has no state regulations applying to manufactured home parks/communities. Iowa's manufactured home regulations govern the construction and installation of the homes as well as the licensure of home installers.
Michigan has extensive regulations applying to the licensure of manufactured home communities, administered by the Department of Consumer and Industry Services. The regulations are very detailed and comprehensive, covering areas such as plan approval, inspections, streets, utilities, fire safety, home installation, recreational areas, and business practices.
Minnesota has state regulations applying to the licensure of manufactured home parks and recreational camping areas, administered by the Department of Health. The regulations are very general, covering areas such as home spacing, water supply, sewage disposal, garbage and refuse, fire protection, and inspection.
The Illinois, Michigan and Minnesota regulations generally cover the same topics as the proposed rules.
Advisory Council
The proposed rules have been developed with the assistance of the Manufactured Homes and Home Parks Advisory Council. The members of that citizen advisory council are as follows:
Name   Representing
Phil Blazkowski   WI Counties Association (Municipal
  inspector)
Brian Brown   WI Housing Alliance (Sewer/water
  service provider)
Gregg Cleveland   WI Fire Chiefs Association (Fire chief)
Joseph Dentice, Jr.   WI Housing Alliance (Community
  operator)
Mark Flood   WI Housing Alliance (Community
  owner)
John Geise   WI Housing Alliance (Manufacturer)
Pete Halverson   WI Housing Alliance
  (Dealer/Salesperson)
Ron Middleton   WI Housing Alliance (Community
  owner)
Al Rhinerson   WI Housing Alliance (Installer)
Tom Schrader   WI Housing and Economic Development
  Authority (Public)
Kristen Zehner   WI Manufactured Home Owners
  Association (Home owner)
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that own or operate a manufactured home park.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules are an update and consolidation of existing rules. Other than the requirement for submittal of 2 sets of plans, instead of one, for approval of a new or expanded manufactured home park, there are no new reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
4. Rules have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board
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.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing the manufactured home parks rules. The proposed rules do not contain any changes in the Division's park permit fees charged for administering and enforcing the park program. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules will not have a significant fiscal effect on the private sector. The anticipated costs that may be incurred by the private sector are the result of new street width and fire hydrant requirements for new manufactured home parks. These requirements are conditioned upon the availability of off-street parking and adequate water supply.
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.wi.gov/SB/. 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 Email 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 hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.
Notice of Hearing
Commerce
(Financial Assistance, etc., Chs. Comm 105)
NOTICE IS HEREBY GIVEN that pursuant to ss. 560.205 (3) (d) and 560.275 (7) (b), Stats., as created by 2003 Wisconsin Act 255, the Department of Commerce will hold a public hearing on the emergency rule and proposed permanent rule under chapter Comm 129, relating to technology commercialization programs.
The public hearing will be held as follows:
Date and Time
Wednesday, January 12, 2005 at 10:00 a.m.
Location
Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison
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 January 26, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.
This hearing is held in 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 of Proposed Rules
Statutory Authority: ss. 560.205 (3) (d) and 560.275 (7) (b), Stats., as created by 2003 Wisconsin Act 255
Statutes Interpreted: ss. 560.205 (3) (d) and 560.275 (7) (b), Stats., as created by 2003 Wisconsin Act 255
General Summary
Under sections 560.205 and 560.275, Stats., of 2003 Wisconsin Act 255, the Department of Commerce has been directed to promulgate rules to administer an early stage business investment program and a technology commercialization grant and loan program. The rules under section 560.205 (3) (d), Stats., relate to angel investment tax credits and early stage seed investment tax credits. The rules under section 560.275 (7) (b), Stats., relate to the technology commercialization grant and loan program.
The proposed rules consist of the creation of chapter Comm 129 to contain the requirements to administer both programs. The following listing highlights the major items contained in the chapter.
Creates the process for administration of the Early Stage Business Investment Program.
Establishes a process for eligibility and for certifying qualified new business ventures and fund managers.
Defines investment eligibility requirements, including “bona fide angel investment".
Describes reporting requirements for Commerce and for investors under the program.
Creates the process for administration of the Technology Commercialization Grant and Loan Program.
Defines eligible businesses.
Defines professional services and eligible project costs.
Establishes a process for reporting, monitoring and auditing the program.
Federal Comparison
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
State Comparison
An Internet search found no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Technology businesses with less than 100 employees may apply for these programs.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules require semi-annual or annual reporting on the status of the technology-related project.
3. Types of professional skills necessary for compliance with the rules.
The rules require accounting skills necessary for financial management of the project, such as budget management tracking of the funds spent.
4. Rules have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board
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.
Fiscal Estimate
The rule will have no fiscal effect on the department or local government. It establishes application processes for the venture capital and technology commercialization programs that are based on the statutory requirements of 2003 Wisconsin Act 255.
The fiscal effect on the private sector is indeterminable. Entities that apply for certification as a fund manager under the venture capital tax credit program, or for grants or loans under the technology commercialization program will face costs in developing their applications, but those costs are at the discretion of the applicant. No private sector entities will face mandated costs.
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.wi.gov/SB/. 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 Email 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 hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 77.82 (3) (g) and (7) (c) 3. and 227.11 (2) (a), Stats., interpreting subch. III of ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 46, Wis. Adm. Code, relating to the administration of the Managed Forest Law. The proposed rules are being proposed to reflect the changes in subch. VI of ch. 77, Stats., in 2003 Wisconsin Act 228 and to implement one additional change recommended by the Governor's Council on Forestry. The proposed changes include:
Managed Forest Law application changes including new application deadline (July 1 18 months prior to the effective date of land being entered under the law), establishment of a second deadline beginning November 15, 2005 (May 15 7½ months prior to the effective date of land being entered under the law), requirement that title documents be recorded and that existing certified survey maps be included with the application, and revises orders eligible for additions to new orders (entered 2005 or later) only.
Development of a plan writer certification program for non-department foresters who will prepare management plans for managed forest law entries. Establishes requirement that plans be prepared by a certified plan writer or the department itself.
Modification of open/closed acreage rules to allow up to 160 aces closed per ownership per municipality for new entries and to allow owners to change the open and closed designation of their lands up to two times during the order period.
Fee changes including an increased transfer fee and application fee.
Yield tax exemption for new entries during the first five years of the order period, excluding Forest Crop Law conversions to Managed Forest Law and Managed Forest Law land renewed at the end of the original order period.
Definition of completed plan created and city is added to the definition of municipality.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small private forest landowners and forest industries who have enrolled or wish to enroll in the Managed Forest Law and consulting foresters who want to prepare plans for Managed Forest Law entries.
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: Foresters must have a forestry degree in an accredited forest management curriculum from a university or college with a 4-year curriculum or accredited graduate degree in the management of forest resources.
The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, January 11, 2005 at 10:00 a.m.
Video conference participation will be available at:
Room 139, State Office Building
718 W. Clairemont Ave.
Eau Claire
Room 618, State Office Building
200 N. Jefferson St.
Green Bay
Room 21, State Office Building
101 S. Webster St.
Madison
Room 218, Distance Education & Instruction Technology
UW-Marathon County
518 South 7th Avenue
Wausau
Room C103, UW-Waukesha
1500 University Drive
Waukesha
Fiscal Estimate
The fiscal impacts associated with the changes proposed to Subchapter III Chapter NR46 are all as a result of changes made in 2003 Wisconsin Act 228 (AB323) to Chapter 77 Wis. Stats. The fiscal estimates originally prepared for Act 228 (AB323) have been modified for this estimate due to revisions to the bill and a partial veto which occurred after the initial fiscal estimate was prepared. Only those changes that appear in NR 46 are reflected in the fiscal estimate worksheet. This fiscal estimate worksheet shows a decrease in revenue of $124,000 to local units of government, however they will see an increase in revenue of $994,000 due to other changes made in 2003 Wis. Act 228 which are not a result of the rule changes.
PROVISIONS THAT HAVE A FISCAL IMPACT to the State and/or the local units of government. (The cost and revenue figures are calculated using 2003 data unless otherwise stated. All state revenues are currently deposited in the Forestry Account of the Conservation Fund.)
The increase in the MFL application fee from $100 to $300 will generate an additional $540,000 per year. It is estimated that the average number of applications in subsequent years will be around 3,000/year of which 10% will qualify for the $20 application fee (additions to existing entries or have a qualifying management plan). 2,700applications x $200 increase/application = $540,000. 2003 Wis Act 228 directs $280 of each application fee or an estimated $756,000 annually to be used by the DNR for contracting with private consultant foresters to prepare MFL management plans.
The development and implementation of a certified plan writer (CPW) program: The majority of the cost involved is in staff time. Approximately 1200 hrs is anticipated during the first year for development of the program and initial entry training, delivery of 6 – 2 day initial entry training sessions, and administration. Annually an estimated 340 hours of staff time will be needed for development and delivery of future training, and administration. Registration fees will cover the cost for materials at training sessions.
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 Ms. Carol Nielsen at (608) 266-8019 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Carol Nielsen, Forest Tax Unit, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 14, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Nielsen.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 26.30 (6m) and 227.11 (2) (a), Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 47, Wis. Adm. Code, relating to the gypsy moth suppression program. Revisions are made necessary by the passage of s. 26.30 (6m), Stats., which reduced the minimum spray block size to 20 compact and contiguous acres and which removed the requirement that residents or proposed spray blocks be notified by mail. Additional changes are proposed that the Department expects to reduce or otherwise ease the workload of the program participants from counties and communities. Many of these changes were suggested by participants over the first years of this program. These changes include:
Specifying that county coordinators may delegate tasks.
Allowing notification of the public to the availability of the suppression program by means other than a public meeting.
Reducing the number of sprayed blocks that county coordinators must survey for defoliation to just those identified as having some defoliation during aerial surveys conducted by the DNR.
Delaying the due date for applications from December 1 to the first Friday in December.
Any block revisions will be made with the help of the DNR regional suppression coordinator, removing the requirement to send maps back and forth.
Requiring a single administrative expense report for the entire year replacing the previous requirement of a report every 6 months.
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. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, January 25, 2005 at 10.00 a.m., Video conference participation will be available at:
S1034, Instructional Serv. Bldg.
UW-Green Bay
2420 Nicolet Dr.
Green Bay
Room 227, Pyle Center,
W Extension
702 Langdon Street
Madison
Room L130, UW-Marinette
750 West Bay Shore
Marinette
Room N029, Northview Bldg.
UW-Waukesha
1500 University Drive
Waukesha
Fiscal Estimate
Many of these changes were suggested by participants over the first years of this program. In addition to reducing the workload, these changes may lead to reduction in costs for the program participants though by how much is not predictable.
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 Dr. Andrea Diss at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Dr. Andrea Diss, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until February 18, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Dr. Diss.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss. 118.43 (6m) and 227.11 (2) (a), Stats., and interpreting s. 118.43 (6), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules, relating to the payment of state aid under the student achievement guarantee in education (SAGE) program. The hearing will be held as follows:
Date, Time and Location
January 14, 2005   Madison
3:00 – 5:00 p.m.   GEF 3 Building
    125 South Webster Street
    Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please contact Janice Zmrazek, SAGE Program Coordinator, janice.zmrazek@dpi.state.wi.us, (608) 266-2489, or leave a message with the Teletypewriter (TTY), (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule and fiscal note are available on the internet at:
http://www.dpi.state.wi.us/dpi/dfm/pb/sagerule.html and http://www.dpi.state.wi.us/dpi/dfm/pb/sagefn.html, respectively. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mailing or email address no later than January 19, 2005, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Statute interpreted: s. 118.43 (6), Stats.
Statutory authority: ss. 118.43 (6m), Stats and 227.11 (2) (a), Stats.
Explanation of agency authority:
Section 118.43 (6m), Stats., requires the department to promulgate rules to implement and administer the payment of state aid under s. 118.43 (6), Stats.
Because the department is interpreting the provisions of this statute and administers/enforces the program governed by it, s. 227.11 (2) (a), Stats., gives the department general rule-making authority.
Court decisions directly relevant: None.
Related statute or rule: None.
Plain language analysis:
The department is required to promulgate rules to implement and administer the payment of state aid under the student achievement guarantee in education (SAGE) program. By statute, the department must pay an amount not to exceed $2,000 multiplied by the number of low-income pupils enrolled in grades kindergarten to 3.
The proposed rules establish 3 calculation periods for the department and provide eligible schools with 3 reporting periods in October, January, and March. The proposed rules establish deadlines in each reporting period for eligible schools to report low-income pupils for aid under the SAGE program. If funds are insufficient in any calculation period to award $2,000 per low-income pupil, the payment will be prorated. If adequate funds remain after any calculation period, the department will notify eligible schools that they may report any additional low-income pupils who were enrolled on the third Friday in September but for whom low-income status was not submitted or eligibility was not determined on or before the reporting dates in October, January or March.
Summary of, and comparison with, existing or proposed federal regulations: Title II-A under the No Child Left Behind Act allows federal money to be used for class size reduction initiatives but does not specify what those initiatives must be. The Act provides non-regulatory guidance only.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan, and Minnesota do not have administrative rules relating to state-funded class size reduction programs.
Summary of factual data and analytical methodologies: The proposed rules codify current practice.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Not applicable.
Anticipated costs incurred by private sector: None.
Fiscal Estimate
The department is required to promulgate rules to implement and administer the payment of state aid under the student achievement guarantee in education (SAGE) program. The rules, as required by statute, specify that the department may award no more than $2000 per low-income pupil enrolled in grades kindergarten to 3 to eligible schools. The rules establish 3 calculation periods for the department and 3 reporting periods for eligible schools in October, January, and March. If funds are insufficient in any calculation period, the rules allow the department to prorate the $2000 per low-income student. If adequate funds are available in any calculation period, the rules allow eligible schools to report to the department and receive funds for additional pupils who were enrolled on the third Friday in September but for whom documentation of low-income status was not submitted or determined until a later date.
There is a possibility in the future that some low-income pupils in eligible schools would not receive funding under the proposed rules if the eligible school does not claim the pupil in the October reporting/calculation period and all appropriated funds are allocated in that initial calculation of state aid. Under past practice, all low-income pupils reported by eligible schools would have received a prorated amount.
The rules will have no fiscal effect on the department or small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
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.