Rule-Making Notices (Hearing Notices)

Initial Regulatory Flexibility Analysis

Because this rule applies to all insurers doing business in the state, it may have an effect on the smallest insurers or accounting firms with respect to the engagement agreements utilized. However because the audit rule has been in effect since 1993, and this change clarifies the level of independence required of a certified public accountant or firm in its engagement with an insurer, any effect should be negligible.

OCI Small Business Regulatory Coordinator

The OCI small business coordinator is Eileen Mallow and may be reached at phone number [phone] or at email address [e-mail]

Contact Person

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at: [e-mail], [phone], 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 07-026]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.091, 23.09 (2) (intro.), 23.11 (1), 23.28 (3), 23.293, 27.01 (2) (j), 27.01 (10) (b) and (f) and 227.11 (2) (a), Stats., interpreting ss. 23.091, 23.09 (2) (intro.), 23.11 (4), 23.17, 23.175, 23.28 (3), 23.293, 27.01 (2) (i) and (j), 27.01 (10) (f) and 28.04 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 1, 45 and 51, Wis. Adm. Code, relating to use of department properties. The proposed rule contains a number of changes for the purpose of improving or clarifying existing rules, creating a few property specific rules and amending a number of rules affecting fees and reservations in state parks and forests.

Seven state parks are being proposed to be added to the list of parks that charge an additional $3.00 per day for camping due to local market conditions and there is also a proposal that the fee be applied year round to all 15 parks that charge this differential. A state trail season pass fee increase of $5.00 is being proposed to meet increasing costs of maintaining and managing the trails. This would increase the annual fee from $15 to $20. Other proposals are aimed at simplifying the fee system in response to requests by the users.

A change in facility reservations would allow reservations to be made 11 months in advance for picnic areas, shelters, auditoriums, amphitheaters, tepees and yurts. The current rule allows reservations to be taken on the first business day in January.

Rules are being proposed for the newly established Lake Shore State Park that will establish hours and prohibit alcohol consumption outside or organized events.

Language has been included in ch. NR 1 to clarify the purpose and management of State Ice Age Trail areas, and to identify allowed uses and activities in order to provide consistency and improve management.

Other miscellaneous changes are proposed.

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 [e-mail] or by calling [phone].

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 hearings will be held on:

April 16, 2007 Monday at 4:00 p.m.	Gathering Waters Room, DNR South Central Region Hdqrs. 3911 Fish Hatchery Road Fitchburg
April 23, 2007 Monday at 4:00 p.m.	Auditorium Havenwoods State Forest 6141 N. Hopkins Street Milwaukee
April 25, 2007 Wednesday at 4:00 p.m.	Council Chambers Wausau City Hall 407 Grant Street Wausau

NOTICE IS HEREBY FURTHER GIVEN that the hearing record will be open until at least 6:00 p.m. at each hearing.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kate Fitzgerald at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect

The department is proposing to add seven properties to the existing list of high-demand properties, and proposes the elimination of the seasonal limitation on this fee. In addition, the department is proposing to increase the state trail fee from its current price of $15 per year to $20 per year. The increased revenues are identified below.

Adding seven properties to the current list of eight high demand properties allows the department to charge an additional $3 per night at the additional properties, and eliminating the seasonal aspect to this fee allows the department to apply the fee year around. Based on visitation rates at the seven properties, these changes are expected to generate an additional $112,000 annually beginning in FY 09.

Increasing the Trail pass from $15 to $20 per year is expected to generate an additional $158,800 annually beginning in FY 09, based on estimated sales of 31,760 trail passes (31,760 x $5 = $158,800).

The proposed rule and fiscal estimate 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. Kate Fitzgerald, Bureau of Facilities and Lands, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 4, 2007. 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. Fitzgerald.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 07-024]

NOTICE IS HEREBY GIVEN that pursuant to ss. 77.06 (2), 77.82 (2m) and (4), 77.88 (2) (d) 2., 77.91 (1) and 227.11 (2) (a), Stats., interpreting s. 77.06 (2) and subch. VI 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 Forest Crop Law and the Managed Forest Law. The proposed rule:

1. Revises the annual stumpage rates for the period between November 1, 2007 and October 31, 2008 as required in ss. 77.06(2) and 77.91(1), Stats. The average change for saw timber is a 0.32% increase over current rates. The pulpwood prices, on average, would increase 1.52%.

2. Amends the catastrophic loss provisions to more fairly assess the yield and severance taxes for timber harvested as a result of a catastrophic loss. Catastrophic loss (30% reduction in stumpage value) is granted when timber harvested meets requirements in s. NR 46.30(1). The proposal is to reduce the acreage requirement from 10 to 5 contiguous acres and to increase the reduction in stumpage value from 30% to 70% for catastrophic loss caused by fire mortality.

3. Amends the rule to comply with 2005 Wis. Act 299 changing the requirement that the contiguous acres must be in one municipality to be enrolled under the Managed Forest Law. Under the amended rule, all land under the same ownership will be included on one petition. If there is more than one county, the order of designation must be recorded in each county. The proposal requires an application fee of $20 per county to cover the recording costs in each county.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Any business with land enrolled in either the Managed Forest Law or the Forest Crop Law or wishing to enroll land under the Managed Forest Law

b. Description of reporting or bookkeeping procedures required: No procedures not already required.

c. Description of professional skills required: No new skills are required.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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:

April 18, 2007 Wednesday at 10:00 a.m.

Rib Mountain Town Hall 3700 N. Mountain Road Wausau

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carol Nielsen at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect

This proposed rule change addresses the annual stumpage rate changes used in the calculation of severance and yield tax collections under Forest Cop Law (FCL) and Managed Forest Law (MFL) when timber is harvested from the private lands enrolled in the programs. Other changes proposed include a revision to the qualifications for granting catastrophic loss reductions for yield/severance taxes, revising the stumpage value reduction for fire-caused catastrophic loss, and revising the application and transfer fee to cover recording costs.

There is no net state fiscal effect from the proposed changes.

There is an estimated net increase in local revenues of approximately $16,400 due to the increase in stumpage rates.

The proposed 2008 stumpage rate schedule includes an average 0.32% increase in sawtimber prices and an average 1.53% increase in cordwood prices. The average combined severance and yield tax collection from CY 2002 through CY 2006 was $1,600,000. Of this, about 42% of the gross revenue is from sawtimber harvests. Fifty-eight percent of the revenue was related to cordwood harvests. As a result, a 0.32% increase in sawtimber prices could generate an estimated additional $2,150 in revenues. A 1.53% increase in cordwood prices could result in an estimated increase in revenue of $14,200. The cumulative effect would be a net increase in revenues of $16,350 -- rounded to $16,400.

Estimates are based on the average change in rates across species and zone for each product type (cordwood and sawtimber), the volumes reported and paid for in CY 2005, and the assumption that the volume and the ratio of the cordwood and sawtimber will remain the same.

The net fiscal impact of the stumpage rate changes in this rule change will be an increase of approximately $16,400 to local revenues. Actual impact for a county and municipality will vary by harvests completed and actual species and products harvested.

The proposed rule and fiscal estimate 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 Section, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 27, 2007. 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 Hearing

Natural Resources

(Environmental Protection-Water Supply)

[CR 07-025]

NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 809, Wis. Adm. Code, relating to drinking water standards. On January 14, 2002, U.S. EPA published National Drinking Water Regulations for Long-Term 1 Enhanced Surface Water Treatment (LT1). These changes impact all public drinking water systems using surface water or groundwater under the direct influence of surface water (GWUDI) and serve fewer than 10,000 people. In order to maintain primacy, Wisconsin must adopt all federal requirements under the Safe Drinking Water Act (SWDA) or have requirements that are equal to or more stringent than the SDWA. The proposed rule will also include revisions to correct minor errors in and updates to the following: the existing interim enhanced surface water treatment rule; the stage 1 disinfection and disinfection byproducts rules; the lead and copper rule; the drinking water public notification rule; the radionuclide rule; and updating analytical methods. Additionally, language is to be clarified with regard to total coliform rule maximum contaminant level determinations impacting systems collecting less than 40 samples per month.

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 since these regulations are already in effect at the federal level. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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:

April 11, 2007 Wednesday at 10:00 a.m.	Video conference participation will be available at: Room 138 Eau Claire State Office Building 718 W. Clairemont Avenue Eau Claire
	Room 618 Green Bay State Office Building 200 N. Jefferson Street Green Bay
	Room G11 GEF #2 State Office Building 101 South Webster Street Madison
	Room 98 Milwaukee State Office Building 819 North 6th Street Milwaukee
	Conference Room DNR Northern Region Headquarters 810 W. Maple Street Spooner

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carol McCurry at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect

There is no state or local fiscal impact.

The proposed rule and fiscal estimate 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 McCurry, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 20, 2007. 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. McCurry.

Notice of Hearing

Veterans Affairs

[CR 07-022]

The Wisconsin Department of Veterans Affairs announces that a public hearing will be held on the 20th day of April, 2007, at 9:45 a.m., at the Municipal Building, Council Chambers, 2nd Floor, 421 Michigan Street, Sturgeon Bay, Wisconsin on amendments to chapter VA 8, relating to the county veterans service officer grant program.

Analysis Prepared by the Department of Veterans Affairs

Statutory authority: ss. 45.03 (2) and 45.82, Stats.

Statute interpreted: s. 45.82, Stats.

Explanation of agency authority: The legislature has authorized the department to award grants to counties for the improvement of service to veterans residing in the State of Wisconsin. The board of veterans affairs is authorized to promulgate rules necessary to carry out the purposes of chapter 45 of the statutes. An essential element of the county veterans service officer (CVSO) grant program is the establishment of the eligibility criteria for that program.

Related statute or rule: None.

Plain language analysis: The proposed order eliminates references to an obsolete pay schedule that had established a minimum pay level for CVSOs. The pay schedule was initiated in 1989, in an attempt to raise CVSO pay to an acceptable minimal level. The State Office of Employment Relations has repealed the referenced pay schedule. Data establish that the current salaries of CVSOs significantly exceed the current minimum levels. In fact, 43 out of 72 counties exceed the applicable pay schedule maximums. In consultation with the CVSO Association and the CVSO Advisory Council, the department determined that the obsolete pay schedule is not necessary nor is a new pay schedule required to assure the maintenance of the current CVSO salary structure.

Summary of, and comparison with, existing or proposed federal regulations: There are no current or pending federal regulations that address this issue.

Comparison with rules in adjacent states: There are no similar rules in adjacent states.

Summary of factual data and analytical methodologies: The department reviewed salary data from each county over the last several years. As indicated above, the analysis establishes that the salary levels significantly exceed the applicable pay schedule minimums.

Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact statement: The department has determined that the repeal of the salary schedule references would have no fiscal impact. Grant amounts are determined under a distinct statutory provision. The proposed order has no regulatory aspect to it, has no effect upon small business, nor any fiscal impact upon the private sector.

Effect on small business: None.

Agency Contact

John Rosinski, at [phone] or at [e-mail].

Place where comments are to be submitted and deadline for submission: To the agency contact person at Wisconsin Department of Veterans Affairs, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 or at the above internet address, within 5 days after the public hearing, which is scheduled for April 20, 2007.

Initial Regulatory Flexibility Analysis

The proposed rule has no effect upon small businesses.

Fiscal Estimate

The proposed rule has no fiscal impact. A copy of the full fiscal estimate may be obtained by contacting the agency contact person, John Rosinski, as indicated above.

Text of Rule

SECTION 1. VA 8.01 is repealed.

SECTION 2. VA 8.03 (1) is repealed.