Rule-making notices
Notice of Hearing
Cemetery Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
440.905, Stats., as created by
2005 Wisconsin Act 25, and interpreting s.
440.905, Stats., will hold a public hearing at the time and place indicated below to consider an order to repeal chs.
RL 50 and
51; and to create chs.
CB 1 and
2, relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers.
Hearing Date, Time and Location
Date: June 19, 2007
Time: 9:45 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 22, 2007, to be included in the record of rule-making proceedings.
Analysis Prepared by Dept. of Regulation and Licensing
Statutes interpreted: Section
440.905, Stats.
Explanation of agency authority: The Cemetery Board is authorized to promulgate rules under s.
440.905, Stats., as created by
2005 Wisconsin Act 25.
Related statute or rule: There are no other statutes or rules other than those listed above.
Plain language analysis: Portions of the cemetery statutes were recently amended by the Legislature as a result of
2005 Wisconsin Act 25. The most notable change was the creation of a cemetery board. The board was given specific authority to promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. However, these rules substantively mirror the prior rules that existed under the jurisdiction of the Department of Regulation and Licensing.
SECTION 1 sets forth the authority for the ch.
CB 1 and also sets forth the requirements for becoming licensed as a cemetery authority, a cemetery preneed seller, and a cemetery salesperson. SECTION 1 also creates ch.
CB 2 that sets forth the authority for the filing of cemetery annual reports. It also identifies the filing date as well as a filing exception for religious cemeteries.
SECTION 2 repeals chs.
RL 50 and
51, which are being replaced with chs.
CB 1 and
2. This change was necessary as a result of
2005 Wisconsin Act 25, which created a Cemetery Board and gave the board authority to promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and preneed sellers.
Comparison with federal regulation: There is no existing or pending federal regulation relating to cemetery authorities, cemetery preneed sellers, and cemetery salespersons.
Comparison with rules in adjacent states:
Illinois: Cemeteries are licensed and regulated by the Illinois Comptroller's Office. For more information see the Illinois website at:
www.ioc.state.il.us/CemeteryCare/
Michigan: Cemeteries are required to register and are regulated by the state Cemetery Commissioner. For more information see the Michigan website at:
www.michigan.gov/commerciallicensing (then click on “Cemeteries")
Minnesota: Statutes impose requirements for cemeteries, but licensure/regulation is not required. For more information see the Minnesota website at:
www.ag.state.mn.us/
Iowa: Cemeteries are required to register and are regulated by the Iowa Insurance Commissioner's Office. For more information see the Iowa website at:
www.iid.state.ia.us:
Summary of factual data and analytical methodologies. No study resulting in the collection of factual data was used relating to this rule. The primary methodology for revising the rule is the board's analysis and determination that a rule change is necessary.
Analysis and supporting documents used to determine effect on small business: The proposed rules would reflect the newly created statutory requirements that transferred authority relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers from the department to the newly created Cemetery Board. The rules will merely be updated to reflect recent statutory changes that are already in effect. There are 98 cemetery authorities, 191 cemetery salespersons, and 181 cemetery preneed sellers currently licensed in Wisconsin. Of these licensees, a significant percentage of them are probably small businesses. This rule change will not have an effect on small business, however, as the rule changes will merely reflect the current statutory requirements.
Anticipated costs incurred by private sector. The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Effect on Small Business
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email:
pamela.haack@drl.state.wi.us.
Place to Submit Comments and Deadline for Submission
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before June 22, 2007 to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. Chapters
CB 1 and
2 are created to read:
AUTHORITY AND APPLICATIONS FOR LICENSURE
CB 1.01 Authority. The rules in this chapter are adopted pursuant to ss.
227.11 (2) and
440.905, Stats.
CB 1.02 Applications for cemetery authority, cemetery salesperson and preneed seller. (1) OTHER INFORMATION. In addition to the information which the board must require of applicants for registration as a cemetery authority, a cemetery salesperson or a preneed seller pursuant to ss.
440.91 and
440.92, Stats., the board may require all of the following:
(a) Information about any crimes committed by the applicant and any charges pending against the applicant.
(b) Information about any surrender, resignation, cancellation or denial of an application for a credential or any disciplinary action taken against a credential held by the applicant in Wisconsin or another licensing jurisdiction.
(c) Information about any disciplinary action pending against the applicant in any jurisdiction and relating to a credential held by the applicant.
(d) Information about any suits or claims ever having been filed against an applicant as a result of professional services rendered by the applicant in connection with cemetery operations.
(2) BASIS FOR DENIAL OF APPLICATION. The board may limit or deny an application for registration as a cemetery authority, cemetery salesperson or preneed seller for any of the grounds for which the department may discipline a credential holder under s.
440.93, Stats.
FILING OF ANNUAL REPORTS BY CEMETERY AUTHORITIES AND PRENEED SELLERS
CB 2.02 Filing of annual reports. Cemetery authorities required to file an annual report under s.
157.62 (2), Stats., and preneed sellers required to file an annual report under s.
440.92 (6), Stats., shall do so on or before March 1 of each year.
CB 2.03 Reporting period. The annual reports and certifications in lieu of annual reports shall be made on a calendar year basis unless the board, upon request, approved a different reporting period.
CB 2.04 Religious society exemption. A cemetery authority of a cemetery that is affiliated with a religious society organized under ch.
187, Stats., or that religious society may file a certification in lieu of an annual report under s.
157.63 or
440.92 (9), Stats. The certification shall be filed on or before the 60
th day after the last day of the reporting period.
Note: Forms for the annual report and certification may be obtained upon request from and shall be filed with the Department of Regulation and Licensing, Division of Credentialing Processing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
SECTION 2. Chs. RL 50 and 51 are repealed.
Notice of Proposed Rule
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on
May 31, 2007, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis prepared by State Elections Board
Statute(s) interpreted: ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.
Related statute(s) or rule(s): s.
19.35, Stats.
Explanation of agency authority: This amended rule interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats. The rule requires that persons who request copies of information or data from the Statewide Voter registration System must pay, for each such copy, a charge calculated under the provisions of the rule according to the schedule established by the rule.
At the present time, the Elections Board is limited, in the fee that it can charge for information provided by the Statewide Voter registration System, to the fee set by s.
19.35 (3), Stats.: “the actual, necessary and direct cost of reproduction and transcription of the record." In order to recover both the cost of reproduction and the cost of maintaining the list at the state and local level, rather than having its charge be limited to the amount currently provided under the public records law, the Board needs an immediate rule reflecting both cost components as required by new statute, s.
6.36, Stats. The legislature in s.
6.36 (6), Stats., has directed the Board to promulgate that rule.
Plain language analysis: The rule provides the methods by which the Elections Board staff will calculate the pricing to fulfill requests for voter registration data that are contained within the Statewide Voter Registration System.
Comparison with existing or proposed federal regulations: The federal government does not have a voter registration system and does not provide voter registration data for which it could exact a charge.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all have voter registration data systems which collect a charge for data comparable to Wisconsin's.
Summary of factual data and analytical methodologies: The legislature has directed the board to calculate a cost of data and record reproduction and a cost of list maintenance and build those costs into its charges for copies of voter registration data and records. Those are the only data or methodology that affects the rule.
Analysis for effect on small business: The rule will have no effect on small business or economic impact.
Agency Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136;
Submission of Comments and Deadline for Comments
Comments should be submitted to:
State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136; (elections.state.wi.us)
Deadline for submission: June 4, 2007.
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Elections Board hereby creates s. ElBd 3.50, and interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.:
SECTION 1. ElBd 3.50 is created to read:
ElBd 3.50 Charges for voter registration data.
(1) Definitions. As used in this rule:
(a) “Custom report" means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made.
(b) “Election official" has the same meaning as provided in s.
5.02 (4e), Stats.
(c) “Official registration list" has the same meaning as provided in s.
6.36, Stats.
(d) “Protected information" means any information that is protected from general public disclosure by ss.
6.36 (1) (b) 1. a., and
6.47, Stats.
(e) “Report" means a defined list of related voter registration data records generated from the Statewide Voter Registration System.
(f) “Voter Registration Data" means data contained in the official registration list.
(g) “Voter Registration Data Record" means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.
(2) The official registration list shall be open to public inspection consistent with the requirements of ss.
6.36,
6.45 through
6.47, and ss.
19.31 through
19.36, Stats.
(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.
(4) The charge for reports in electronic format is a $25 base fee per report plus $5 for the first 1,000 voter registration data records in the report, plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.
(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.
(6) Any request for a report or custom report submitted to the State Elections Board shall either be made in writing by the requester or shall be reduced to writing by the board's staff. Any request by the board for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the board's staff.
(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The cost of a copy of a poll list provided by a municipal or county clerk shall be a fee determined by that clerk not to exceed the cost of reproduction.
(8) The state elections board, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.
(9) If a request for voter registration data requires a custom report, and the elections board staff determines that it can produce the report, the cost of producing the custom report charged to the requester shall be calculated by the board's staff on a case-by-case basis and shall include, in addition to the costs articulated in subs. (4) or (5), including any applicable costs of handling and mailing, costs of reproduction, including programming costs; and the costs of maintenance of the SVRS as authorized by s.
6.36 (6), Stats. Requests fulfilled under this subsection are not subject to the maximum charge limitations in subs. (4) and (5).
(10) The fees received from requests for voter registration data will remain with the municipality, county, or the State Election Board, whoever produces and provides the report.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
50.02 (2) (ad) and
227.11 (2) (a), Stats., and interpreting ss.
50.02 (2) (ad) and
55.14, Stats., the Wisconsin Department of Health and Family Services proposes to repeal and recreate HFS 83.04 (50) and to create HFS 83.04 (33m) and (49m); HFS 83.07 (7m) and Note; HFS 88.02 (14m), (27g), and (27r); HFS 88.03 (4) (c) and Note; HFS 89.13 (17m), (25g), (25r); HFS 89.53 (4) (c) and Note; HFS 132.13 (10m), (25g), (25r); HFS 132.14 (9) and Note; HFS 134.13 (18m), (38g), and (38r); and HFS 134.14 (5r) and Note, rules relating to facility reporting of involuntary administration of psychotropic medication under s.
55.14, Stats., and affecting small businesses
Hearing Date(s) and Location(s)
Date and Time
|
Location
|
June 13, 2007
11:00 AM - 1:00 PM
|
Wilson Street State Office Bldg.
1 West Wilson Street
Room 1150 A
Madison, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments May be Submitted
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
Deadline for Comment Submission
The deadline for submitting comments to the Department is 4:30 p.m. on
June 20, 2007.
Analysis Prepared by the Department of Health and Family Services
Nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s.
55.14, Stats., relating to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services.
Section
50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s.
55.14, Stats.
The Department proposes to revise chs.
HFS 83,
88,
89,
132, and
134 consistent with the requirements of s.
50.02 (2) (ad), Stats., by requiring facilities to report information to the Department about the facility's involuntary administration of psychotropic medication to clients. Definitions of “involuntary administration of psychotropic medication"; “protest"; and “psychotropic medication" from s.
55.14 (1) (a),
(c) and
(d) Stats., are included in each rule to assist in interpreting the rule requirement and to reduce cross-referencing to the statute.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
Affected Industry Description.
The proposed rules will affect nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes. These entities are included in the North American Industry Classification System (NAICS) Health Care and Social Assistance sector, (sector 62) and further defined in sub-sector 623 Nursing and Residential Care Facilities. Industries in the Nursing and Residential Care Facilities sub-sector generally provide residential care combined with either nursing, supervisory, or other types of care as required by the residents.
Overall, the NAICS 2002 data reports nearly 2,200 facilities in Wisconsin will be affected by these rule changes. These facilities received $2.7 Billion in revenue in 2002 and employed 72,000 people, and are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships. Using several sources including published monthly rates for various health care providers, DHFS databases, and standard industry published ratios, the Department estimates that 1,180 of the 2,200 (53 percent) facilities listed in NAICS data are small businesses. The following is an analysis of each facility type:
Community-Based Residential Facilities (CBRF)
Community-based residential facilities provide care, treatment and services above the level of room and board, but not including nursing care. These services include supervision and supportive services included leisure time activities, community activities, health monitoring, medication administration, and transportation services. Community-based residential facilities represent approximately 60 percent of the NAICS establishments, 30 percent of the $2.7 Billion in annual receipts, and 33 percent of the 72,000 employees in this sub-sector.
Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 1,390 CBRFs as currently licensed to operate in Wisconsin. Approximately 680 (48 percent) of the facilities have 5 to 8 licensed beds and meet the definition of small business. CBRFs are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.
Adult Family Homes (AFH)
Adult Family Homes are places where 3 or 4 adults live and receive care and treatment above the level of room and board, but not including nursing care. These services include supervision, recreational activities, assistance with activities of daily living and health monitoring.
Adult family homes represent approximately 33 percent of the NAICS establishments and approximately 6 percent of the $2.7 Billion in annual receipts in this sub-sector. Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 1,069 AFHs as currently licensed to operate in Wisconsin. This is an increase from 688 facilities since 2002. All adult family homes are licensed for 3 or 4 beds and meet the definition of small business. AFH entities are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.
Residential Care Apartment Complexes (RCAC)
Residential care apartment complexes are facilities that provide independent apartments with an individual lockable entrance and exit, a kitchen, an individual bathroom, sleeping area. RCACs provide no more than 28 hours of supportive, personal and nursing services per week to their tenants.
RCACs represent approximately 147 of the NAICS establishments, employing 2,400, and $95 Million in annual receipts in this sub-sector during 2002. Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 205 RCACs as currently registered or licensed to operate in Wisconsin. Approximately 25 percent of the RCACs meet the definition of small businesses. RCAC entities are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.
Nursing Homes
The Department licenses approximately 340 private and 60 government owned nursing homes. Nursing homes primarily provide medical care and nursing services to restore individuals to their rehabilitative potential. The Department estimates that 10% of the privately owned facilities meet the definition of small business.
Facilities for the Developmentally Disabled (FDD)
Facilities in this sub-sector provide residential care to people with developmental disabilities. The care provided is a mix of health and social services, with an emphasis on active treatment for habilitation. The Department currently records 22 licensed FDDs. Various governmental agencies operate 14 FDDs, four are non-profit entities, two are owned by individuals, one for-profit corporation and one limited liability corporation. Based on available Department data, 4 FDDs (18 percent) meet the definition of small business with 30 or fewer beds.
Reporting requirement
Nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s.
55.14, Stats., relating to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services. Section
50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s.
55.14, Stats. The Department proposes to revise chs.
HFS 83,
88,
89,
132, and
134 consistent with the requirements of s.
50.02 (2) (ad), Stats., by requiring facilities to report to the Department about the facility's compliance under s.
55.14, Stats.
The Department estimates that it will take facilities an additional 15 minutes per client who receives involuntary administration of psychotropic medications, to provide the additional information; less if the facility does not administer psychotropic medications. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily. The number of clients who may be subject to involuntary administration of psychotropic medication under s.
55.14, Stats., is unknown. All facilities are assumed to have adequate administrative or nursing personnel to comply with the proposed rule; there would not be a need to hire additional staff. The costs of compliance with the proposed rules for any facility should not increase operating expenditures, or decrease revenues by more than the 2006 consumer price index of 3.2 percent.
The costs identified above result from the creation of s.
50.02 (2) (ad), Stats., in
2005 Act 264, rather than this proposed rule
.
Pursuant to the foregoing analysis, the proposed rule will affect a substantial number of small businesses, but the rule would not have a significant economic impact on those businesses.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
State and county government operated, and privately owned nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s.
55.14, Stats., relating to involuntary administration of psychotropic medication to clients. Section
50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s.
55.14, Stats.
The proposed rules would require facilities to report the required information on forms provided by the Department at intervals determined by the Department. This would require the Department to review the information submitted by the facilities and may require the Department to conduct follow-up investigations to determine compliance. Any costs associated with these increased responsibilities would be minimal and can be absorbed within the existing budget.
The Department estimates that it will take facilities an additional 15 minutes per client who receives involuntary administration of psychotropic medications, to provide the additional information; less if the facility does not administer psychotropic medications. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily. The number of clients who may be subject to involuntary administration of psychotropic medication under s.
55.14, Stats., is unknown. All facilities are assumed to have adequate administrative or nursing personnel to comply with the proposed rule; there would not be a need to hire additional staff. The costs of compliance with the proposed rules for any facility should not increase operating expenditures, or decrease revenues by more than the 2006 consumer price index of 3.2 percent.
The costs identified above result from the creation of s.
50.02 (2) (ad), Stats., in
2005 Act 264, rather than this proposed rule.
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wis. Adm. Rules Website at:
http://adminrules.wisconsin.gov or by contacting the person listed below.
Contact Person
Pat Benesh
Department of Health and Family Services
Division of Quality Assurance
1 West Wilson Street, Room 1150
Madison, WI 53701-7185
Phone: (608) 264-9896 fax, (608) 267-0352
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
23.09 (2) (intro.),
23.091,
23.11 (1),
23.22 (2) (a) and
(b) 6.,
27.01 (2) (j),
29.041,
227.11 (2) (a) and
227.24 (1) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.22 (2) (a),
29.014 (1),
29.041 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FH-25-07(E) which revises chs.
NR 19 and
20, Wis. Adm. Code, pertaining to control of fish diseases and invasive species. This emergency order was published on May 2, 2007 and revised Natural Resources Board Emergency Order FH-22-07(E) which took effect on April 7, 2007. This rule will aid the Department in controlling the spread of viral hemorrhagic septicemia virus (VHS) in the following ways: Natural Resources Board Emergency Order FH-25-07(E) does the following:
1. Clarifies definitions of “live fish" and “live fish eggs" for purposes of the previously adopted emergency rules.
2. Clarifies the prohibition of the transport of live fish away from waters of the Great Lakes and Mississippi River drainages by stating that the prohibition also includes any fish possessed on those waters of the banks or shores of those waters.
3. Clarifies and expands what equipment must be drained of water after removal from waters within the Great Lakes and Mississippi River drainages.
4. Expands the emergency measures to ban the use of potentially infected fish, fish by-products and fish meal as bait in crayfish traps.
5. Clarifies limitations on use of imported live bait by permitting the use of imported live bait from Minnesota or Iowa on the Mississippi River and allowing minnows that die during a fishing trip to be considered live bait for purposes of these rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
June 11, 2007 Auditorium, Logan High School
Monday 1500 Ranger Drive
at 5:00 p.m. La Crosse
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 Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Comments and Copy of Rule
The emergency 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 Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 15, 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 emergency rule and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearing
Natural Resources
(Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1),
285.27 (2) (a) and
227.14 (1m) (a), Stats., interpreting ss.
285.11 (6),
285.27 (2) (a) and
227.14 (1m) (a), Stats., the Department of Natural Resources will hold a public hearing on amendments to ch.
NR 484 and the creation of NR 460, Appendix JJJJ and ch.
NR 465, subch. III, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for paper and other web surface coating processes. The U.S. EPA promulgated the national emission standards for hazardous air pollutants (NESHAP) for the surface coating of paper and other web on December 4, 2002. Section
285.27 (2) (a), Stats., requires the Department to promulgate NESHAP into the administrative code.
The proposed rule will regulate the emissions of hazardous air pollutants from facilities which are major sources of federal HAPs and which conduct surface coating of paper and other web (affected sources). These include facilities which manufacture the following products: pressure-sensitive tapes and labels, flexible vinyl, photographic film, decorative and industrial laminates, abrasive products and specialty papers. The rule specifies emission limits for organic HAP and operating limits for emission control devices.
Existing affected sources had until December 5, 2005 to achieve compliance. Thus all existing sources must be in compliance by now. New or reconstructed affected sources must achieve compliance “immediately upon start-up". Sources have until their final compliance date to reduce HAP emissions below the major source level and thereby avoid the rule. Sources may also become a synthetic minor HAP source to avoid the rule by obtaining the complying with a federally enforceable permit that restricts HAP emissions prior to the final compliance date.
The proposed rule is identical to the federal NESHAP, except for punctuation, capitalization, numbering, and non-substantive wording and organizational changes made to accommodate state rule form and style requirements and, in some cases, to improve clarity.
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 small business which is a major source of HAP emission and which operates one or more web coating lines will be affected by the rule.
b. Description of reporting and bookkeeping procedures required: All affected sources must submit initial notifications, notification of compliance status, and semiannual compliance reports. All affected sources must develop a startup, shutdown and malfunction (SSM) plan. All affected sources must keep all records and documentation relevant to compliance with the rule, including copies of all notifications and reports submitted, performance test results, monitoring data and SSM plans.
c. Description of professional skills required: An environmental scientist or environmental engineer with knowledge of organic HAP emissions, web coating operations, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with the proposed rule.
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:
June 12, 2007 Room 511, GEF #2
Tuesday 101 South Webster Street
at 3:00 p.m. Madison
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 Robert Eckdale at (608) 266-2856 or by e-mail at
Robert.Eckdale@wisconsin.gov with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Comments and Copy of Rule
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-08-07. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Eric.Mosher@wisconsin.gov. Comments may be submitted until June 29, 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Notice of Hearing
Public Service Commission
NOTICE IS GIVEN That the Public Service Commission of Wisconsin proposes an order to revise chs.
PSC 111 and
112, Wis. Adm. Code, relating to information to be included in an electric utility construction application, as a result of
2003 Wisconsin Act 89. Pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on
Thursday, June 21, 2007 at 9:30 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
Analysis Prepared by Public Service Commission
Statute interpreted: s.
196.491, Stats.
A. Objective of the Rule
This rulemaking docket has been initiated to allow the Commission to revise provisions in Chapters
PSC 111 and
112 as a result of statutory changes enacted in
2003 Wisconsin Act 89. Act 89 revised statutory provisions relating to utility construction projects and agency review of the applications for authority to proceed with utility construction projects.
B. Analysis of the Proposed Revisions
Act 89 directs the Commission to promulgate rules to specify information to be included in an application to construct a high-voltage transmission line that may be eligible for expedited review by the Commission. Act 89 also creates new priorities for siting electric transmission lines, and requires utilities to consider using brownfield sites to the extent practicable. Additionally, this rulemaking considers other revisions to rules relating to the application process to reflect Act 89 provisions. These revisions include information needed to conduct a joint environmental review with the Department of Natural Resources, various construction related terminology, allowing utilities to begin urgently necessary work in case of emergency, and the provision of complete construction applications to area clerks and libraries.
C. Comparison with Federal Regulations
The Commission is not aware of any federal regulations in this area.
D. Comparison with Similar Rules in Adjacent States.
Existing statutes require that, within ten days of an applicant filing an application for a project that requires a Certificate of Public Convenience and Necessity, the Commission send a copy of the application to the clerk in each municipality and town in which the proposed facility is located and to the main library in such county. The proposed rule change would specify that this mailing be done after the application is determined to be complete, in order to avoid sending multiple versions of the application or multiple supplements to the application. The state of Ohio also requires that applications for new transmission lines or generation facilities be sent to local officials and libraries in the affected area after the application is determined, by the Ohio Power Siting Board, to be complete and ready for review.
Wisconsin Act 89 included a requirement for a pre-application consultation between the applicants and Public Service Commission and Wisconsin Department of Natural Resources staff before filing applications under Wis. Stat. §§
196.49 and
196.491. One of the proposed rule changes acknowledges this requirement and provides guidance to the applicant about the scope of this consultation. Ohio's administrative rules also describe pre-application consultations between the applicants and the regulatory agencies.
Similar to some surrounding states (Minnesota, Iowa, Ohio), the current rules regarding applications for high-voltage transmission lines or large generating facilities state that applicants must file complete information for at least two proposed sites or routes. The Commission is proposing a rule change that would allow applicants, under certain circumstances, to submit fully developed information for only one site if the proposed generating project involves: modifying, rebuilding, replacing, or repowering an existing facility; using an existing brownfield site; or constructing a cogeneration facility located at the steam host's existing industrial plant. Also, Wisconsin Act 89 also provides for an expedited review process for electric transmission projects that involve adding conductors to existing structures if all related construction activity takes place within an existing transmission line right-of-way. The proposed rule changes describe the application information needed for an expedited review and limit the information requirements for filing to the proposed route the applicants plan to use. In Iowa, application requirements can be waived if it is determined that the public interest would not be adversely affected by a proposed project and in Ohio the requirement for fully developed information for an alternative site or route can be waived for good cause.
Wisconsin Act 89 established priority corridors that must be considered in routing new high-voltage transmission lines and specified that brownfield sites must be used to the extent practicable for new electric generating facilities. The Commission's proposed rule change would require that project applications must explain how applicants considered the siting priorities for new high-voltage transmission lines and brownfield sites for large generation facilities. The state of Iowa also has designated “priority corridors" for siting high-voltage transmission lines and requires project applicants that submit proposals that deviate from these corridors to provide an explanation of why use of the corridors is not practicable or reasonable.
The current rule for applications filed under Wis. Stat. s.
196.49 contains a definition for the term “begin construction." Wis. Stat. s.
196.491 contains a slightly different definition for the term “commencement of construction." The proposed rules use the same definition for “begin construction" and “commencement of construction." This definition, which allows surveying or collection of geological data to ascertain foundation conditions or site suitability prior to project authorization, is similar to definitions for this term found in the rules of adjacent states, including Minnesota, Iowa, Michigan, and Ohio.
A proposed addition in s.
PSC 112.075, Wis. Adm. Code, related to emergency work was requested by Wisconsin utilities to allow necessary work in a speedy manner when an emergency situation occurs. Without such a provision a utility would, strictly speaking, be in violation of rule if it responded to an emergency without going through the procedures outlined in the rule. A similar rule applies to Wisconsin natural gas and water utilities. The notification requirement would ensure that this process was applied only in true emergencies. Finally, a requirement for Public Service Commission notification about new construction staging areas and access roads not described in a project application was added to chs.
PSC 111 and
112, Wis. Adm. Code. This requirement provides clear direction to utilities during project construction and reduces the potential for adverse environmental impact. Language pertaining to the two topics, emergency work or establishment of construction staging areas, was not found in reviewing utility-related statutes or rules in surrounding states although the Commission is aware that California has an emergency work provision.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Friday, July 6, 2007 at noon (Thursday, July 5, 2007 at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-216. File by one mode only.
Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website,
http://psc.wi.gov.
Members of the Public:
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website (psc.wi.gov).
If filing by mail, courier, or hand delivery: Address comments to Sandra J. Paske, Secretary to the Commission, Public Service Commission, P.O. Box 7854, Madison, WI 53707-7854, FAX (608) 266-3957.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-216, and the number of pages (limited to 25 pages for fax comments).
Contact Person
Questions regarding this matter should be directed to Terri Kosobucki, Docket Coordinator at (608) 267-3595 or
terri.kosobucki@psc.state.wi.us. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact the Docket Coordinator, as indicated in the previous paragraph, as soon as possible.
Copy of Rule
A copy of this entire notice including the text of the proposed rule may be accessed from the electronic regulatory filing portion of the Commission's website (psc.wi.gov).
Initial Regulatory Flexibility Analysis
This rulemaking does not affect small businesses.
Fiscal Estimate
This rulemaking will no have any fiscal effect and will not have a significant effect on the private sector.
Notice of Hearing
Workforce Development
(Workforce Solutions, Chs.
DWD 11—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155 and
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to child care enrollment underutilization and affecting small businesses.
Hearing Information
June 20, 2007
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MADISON
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Wednesday
|
G.E.F. 1 Building, A415
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1:30 p.m.
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201 E. Washington Avenue
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutes interpreted: Section
49.155, Stats.
Explanation of agency authority. The Department administers the child care subsidy program under s.
49.155, Stats., and reimburses child care providers for services provided pursuant to s.
49.155 (3m), Stats.
Summary of the rule. The current s.
DWD 56.04 (2) (d) provides that a child care administrative agency shall authorize payment to licensed group and family day care centers based on authorized units of service except as follows:
• The agency may authorize payment to licensed providers based on units of service used by each child up to the maximum number of authorized units, with the reimbursement rate increased by 10% to account for absent days, if the schedule of child care to be used is expected to vary widely.
• The agency may authorize payment to licensed providers based on units of service used by each child, up to the maximum number of authorized units, if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.
The current methodology for authorizing payment to licensed providers has caused the child care subsidy program to pay for significant amounts of time when care is not actually being provided. This rule attempts to control costs by reducing payments to licensed child care providers for authorized child care services that are significantly underused. The rule will repeal the presumption of enrollment authorization for licensed providers and provides that a local child care administrative agency shall authorize on either an enrollment or attendance basis as follows:
• The agency shall authorize the number of hours needed on an enrollment basis if the need for care is anticipated to be approximately the same number of hours each week.
• The agency shall authorize payment based on the hours of actual attendance by each child if the need for care is anticipated to vary from week to week or if the child has a history of variable attendance.
• The agency may authorize payment on the hours of actual attendance if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.
For any week in which a child whose authorized payments are on an enrollment basis attends less than 50% of the of the authorized hours of care, payment shall be made on the basis of actual hours of attendance used, unless the agency determines that the absence is for a reason approved by the Department, such as short-term illness of the child or death in the family. This policy does not apply to a child with a special needs authorization.
Payment to certified providers is based on a child's attendance and remains unchanged in this rule.
In addition the rule increases the penalties for a provider who submits false or inaccurate attendance reports. The current s.
DWD 56.04 (5) (c) allows for the child care administrative agency to refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months, revoke existing child care authorizations to the provider, or refuse to issue payment to the provider until the violation is corrected. This rule provides additional penalties in the following situations:
• If it is the provider's second documented instance of submitting an inaccurate attendance report or the inaccurate report resulted in or would have resulted in an overpayment of $1000 or more, the agency may refuse to issue new child care authorizations to a provider for a period of time not to exceed 1 year.
• If it is the provider's third or subsequent documented instance of submitting an inaccurate attendance report or the inaccurate report resulted in or would have resulted in an overpayment of $5000 or more, the agency may refuse to issue new child care authorizations to a provider for a period of time not to exceed 5 years.
Summary of factual data and analytical methodologies. By paying the hourly rate for actual attendance to child care providers when attendance is under 50% of the authorized level for the child care subsidy program, the Department will avoid paying for significant amounts of time where care is not actually being provided. By comparing the amount currently paid for enrollment authorizations against the amount that would be paid if underutilized authorizations of 50% or less are paid for actual hours of care, it is estimated that the Department will realize $20,387,000 in annual savings in federal block grant funds.
Summary of related federal regulations. NA
Comparison with rules in adjacent states:
Michigan. A provider may only receive payment for a child's hours of attendance, except for absences due to the child's illness, not to exceed 2 consecutive weeks, and state holidays.
Illinois. Payment to licensed and license-exempt child care centers are based on authorized days if the total of days attended for all publicly-funded children at the center location are 80% of the authorized days for the month.
Payment to licensed home providers are based on authorized days if the total of days attended for all children in a family are 80% of the family's authorized days for the month.
Payment to license-exempt home providers are based only on attendance.
Iowa. Payment is based on authorized days with payment allowed for a child not in attendance not to exceed 4 days per calendar month.
Minnesota. Payment is based on authorized days except child care providers may not be reimbursed for more than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more than 10 consecutive full-day absent days, unless the child has a documented medical condition that causes more frequent absences.
Effect on Small Businesses
The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Coordinator is Jennifer Jirschele, jennifer.jirschele@dwd. state.wi.us, (608) 266-1023.
Analysis used to determine effect. The Legislature and Governor set the funding level for the Wisconsin Shares Child Care Subsidy. In the current fiscal year, that amount is $343 million, after the addition of $30 million from the budget adjustment act.
These rules do not affect the amount of funding in the program. All of the allocated funding will be spent as subsidies for child care for the children of working families. We do not anticipate that the proposed rules will in any way change the extent to which these dollars are spent on small businesses.
Agency Contact Person
Place to Submit Comments and Deadline for Submission.
An electronic copy of the proposed rules is available at
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at
http://adminrules. wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than June 21, 2007, will be given the same consideration as testimony presented at the hearing.
