Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any entity which chooses to apply for the tax credits established by
2005 Wisconsin Act 483 – and which either (1) produces films, videos, electronic games, broadcast advertisement, or television productions; or (2) establishes a film production company in Wisconsin.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Applicants for tax credits relating to producing a Department-accredited production in Wisconsin must submit an application for accreditation that includes documentation of estimated, qualifying expenses – and must subsequently submit proof of incurring those expenses.
Applicants for tax credits relating to establishing a film production company in Wisconsin must submit documentation of estimated, qualifying expenses – and must subsequently submit proof of incurring those expenses.
3. Types of professional skills necessary for compliance with the rules. None.
4. Will the rules have a significant economic impact on small businesses? No.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or by e-mail at
cdunn@commerce.state.wi.us.
Fiscal Estimate
Although the proposed rules would newly result in review and approval of documentation relating to tax credits for producing film productions or for establishing film production companies, the number of these reviews and approvals is expected to be too small to result in significant changes in the Department's costs for administering its business development programs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.
The overall revenue impact on the state is uncertain and could be significant. The actual revenue impact will depend on the effectiveness of the tax credits in inducing new activity, the extent to which benefits accrue primarily to film productions and to film production companies that would not occur in Wisconsin without the credits, and the magnitude and nature of the expenditures associated with the new film productions.
The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to tax credits for producing film productions or for establishing film production companies.
The long-range fiscal implications are not known at this time, because there is too much uncertainty about whether the tax benefits will actually accrue only to film productions and to film production companies that would not occur in Wisconsin without the benefits.
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
447.02 (2) (b), Stats., and interpreting s.
447.02 (2) (b), Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below on emergency rules to amend the effective date of
CR 04-095, relating to the requirements for administering the office facilities and equipment for safe and effective administration and the applicable standards of care, and to provide for reporting of adverse occurrences related to anesthesia administration.
Hearing Date, Time and Location
Date: July 11, 2007
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121C
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 12, 2007, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis
Explanation of agency authority: The Dentistry Examining Board has the authority under s.
447.02, Stats., to establish the standards, conditions, and any educational requirements that must be met by a dentist in order to induce anesthesia in connection with the practice of dentistry. Presently, those standards are set forth in Ch.
DE 11. The adopted rules better identify the different levels of anesthesia, including nitrous oxide, anxiolysis, conscious sedation-enteral, conscious sedation-parenteral, deep sedation, and general anesthesia, and the requirements for each level. The rule is intended to ensure that practitioners are adequately trained before they induce anesthesia and that the public is sufficiently protected.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: The purpose of this rule is to delay the effective date of
CR04-095, from July 1, 2007 to November 1, 2007, by amending the emergency rule that moved the effective date of
CR04-095 from January 1, 2007, to July 1, 2007.
CR04-095 rule establishes and modifies the training, certification and staffing requirements for administering sedation and anesthesia at all levels performed in the course of dental practice. A system of permits issued by the Department of Regulation and Licensing, which designates by class the various levels of sedation and anesthesia practice, was established. Office facility and equipment prerequisites for safe and effective administration are delineated, the applicable standards of care are specified, and the procedure necessary for reporting adverse occurrences related to anesthesia administration is described.
These requirements emerged from recent efforts by state licensing boards to regulate “oral conscious sedation." Oral conscious sedation drugs are being marketed to dentists for the purpose of managing patient anxiety surrounding dental work in patients that remain conscious throughout the procedure.
Federal Regulations
No proposed or existing federal regulation intended to address oral conscious sedation currently exists.
Comparison with Rules in Adjacent States
Illinois
The Illinois Dental Practice Act contains specific provisions governing anesthesia. Permits are required for the administration of conscious sedation. Dentists are required to have specialized training and office facilities must contain certain equipment Adverse occurrences are also required to be reported. Permits must be renewed biennially. Additional information is available at the Illinois website:
http://www.ildpr.com/WHO/ARpropsd/WEBdentrules.pdf
Indiana
The Indiana State Board of Dentistry requires dentists to obtain a permit prior to administering general anesthesia, deep sedation, or light parenteral conscious sedation. Education and training are required to obtain such permits. Permits must be renewed biennially. Five hours of continuing education are required for permit renewal. Certain emergency equipment is also required. Additional information is available at Indiana's website:
http://www.ai.org/legislative/iac/T08280/A00030.PDF
Iowa
Michigan
The Michigan Board of Dentistry has rules governing general anesthesia and intravenous conscious sedation. The Michigan Board is currently contemplating a rules' revision to include specific rules for conscious sedation. Additional information is available at Michigan's website:
Minnesota
The Minnesota Board of Dentistry has rules governing general anesthesia and conscious sedation. Education and training are required for both. However, no special permit is issued. Additional information is available at Minnesota's website:
Summary of factual data and analytical methodologies
The Dentistry Examining Board gathered information from various entities involved in promoting oral conscious sedation and others experienced in regulating the practice. Dr. Joseph Best, Clinical Assistant Professor at Marquette University School of Dentistry, presented information to the board in March, 2003. Dr. Jason Goodchild, representing The Dental Organization for Conscious Sedation, delivered a presentation to the board in May, 2003. Initially, the board decided its focus in regulating oral conscious sedation should be on how it is advertised, how it is titrated so that overdosing is prevented, and how many hours of adequate training and what level of clinical experience should be required to administer it. The subject was further discussed at the American Association of Dental Examiners' 2003 annual meeting in San Francisco. The board held open session discussions as the rules process advanced, and legal counsel reviewed the rules of other states. Eventually the focus of the board broadened, resulting in revision of the board's anesthesia rule with sedation levels identified and a system of permits required for various levels of anesthesia.
Anticipated Costs incurred by Private Sector
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
Implementing the provisions of these rule changes will cost the Department of Regulation and Licensing the value of salary and fringe for one time of $18,611 and on-going annually $10,100.
Develop Course List for Specialty Code
|
|
|
Forms development -- 60 hours PA Time @ 17 hr including fringe
|
1,020
|
|
Database Update -- 50 hrs (1 hr/wk)
|
850
|
|
Intake, correspondence -- 600 hrs (1 hr per course)
|
10,200
|
|
Calls@10 min ea, 2/crse -- 200 hrs
|
3,400
|
Office of Legal Council – Rules development
|
|
|
10 hr. paralegal @ 29 hr including fringe
|
290
|
|
5 hr. attorney @ 59 hr including fringe
|
295
|
|
|
|
Changes to IT systems for new permit
|
|
|
2 hours programmer @ $48 per hour including overhead
|
96
|
|
|
|
Credentialing--develop forms and applications
|
|
|
20 Credentialing program manger @ 36 hr including fringe
|
720
|
|
40 hours PA 3 @ $17 including fringe
|
680
|
|
20 hours legal counsel @ $53 including fringe
|
1,060
|
|
|
|
|
Total One Time
|
18,611
|
On-going Costs
:
Increased Complaint Costs approx 10 additional
complaints per year
|
All staff hourly amounts include fringe
|
|
|
2 complaints to full hearing
|
|
Screen
|
4 hrs prog asst @ 17 hr X 2
|
136
|
|
1hr leg couns @ 53 X 2
|
106
|
|
|
|
Investigate
|
6 hrs invest @ 26 X 2
|
312
|
|
|
|
Formal action
|
32 hrs pros @ 53 X 2
|
3,392
|
|
40 rs alj @ 51 X 2
|
4,080
|
|
|
|
Close
|
1 hr pa3 @ 17 hr X 2
|
34
|
|
|
|
|
8 other through invest
|
|
Screen
|
4 hrs prog asst @ 17 hr X 8
|
544
|
|
1hr leg couns @ 53 X 8
|
424
|
|
|
|
Investigate
|
6 hrs invest @ 26 X 8
|
1,248
|
|
|
|
Close
|
1 hr pa3 @ 17 hr X 8
|
136
|
|
|
|
Total On-going
|
|
10,100
|
Effect on Small Business
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), 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, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email: pamela.haack@ drl.state. wi.us.
Text of Rule
SECTION 1. This emergency rule amends the effective date of
CR04-095 by amending the emergency rule currently in effect which amended the effective date of
CR04-095 from January 1, 2007 to July 1, 2007. This emergency rule changes the effective date of
CR04-095 from July 1, 2007, to November 1, 2007.
Notice of Proposed Rule
The Wisconsin Elections Board proposes an order to repeal and recreate ElBd 3.02 and to create ElBd 3.01, 3.03, 3.10 to 3.13, and 3.20, relating to voter registration.
Notice is hereby given that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting subchapter II of ch.
6, Stats., ss.
6.26 to
6.57, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Elections Board proposes an order to repeal and recreate s. ElBd 3.02 and to create ss. ElBd 3.01, 3.03, 3.10 to 3.13, and 3.20, relating to voter registration, as proposed in this notice without public hearing unless, within 30 days after publication of this notice, on
July 1, 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
Explanation of agency authority: This new rule interprets and implements subchapter II of ch.
6 of the Wisconsin Statutes, ss.
6.26 – 6.57, Stats. Subsection
(3) of s.
6.26, Stats., provides that the Elections Board “shall, by rule, prescribe procedures for appointment of special registration deputies, for revocation of appointments of special registration deputies, and for training of special registration deputies by municipal clerks and boards of election commissioners." The rule implements that statute and also sets forth the procedures for voter registration and for the conduct of voter registration drives to implement the legislature's directive in s.
6.26, Stats., that the board shall, by rule, prescribe procedures “to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process."
Related statute(s) or rule(s): s.
19.35, Stats.
Plain language analysis. The rule provides the methods by which voter registration is conducted in Wisconsin, including registration through the appointment of special registration deputies and the conduct of voter registration drives. The rule also provides the contents of the voter registration application.
Summary of, and comparison with, existing or proposed federal regulations: The federal government does not have a voter registration system, but to implement the requirements of the Help America Vote Act and the plan adopted by the State Elections Board to implement the Help America Vote Act, Wisconsin is required to establish a system of statewide voter registration. This rule facilitates and clarifies the implementation of that system.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all have statewide voter registration systems to bring them into compliance with the Help America Vote Act.
Summary of factual data and analytical methodologies: The Elections Board did not employ any factual data or analytical methodologies in the development of the rule.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule will have no effect on small business or economic impact.
Effect on Small Business
The rule has no effect on business.
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
(george.dunst@seb.state.wi.us)
Place where comments are to be submitted and deadline for submission:
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 repeals and recreates ElBd 3.02 and creates ElBd 3.01, 3.03, 3.10 to 3.13, and 3.20, relating to voter registration, and interpreting subchapter II of ch.
6 and ss.
6.26 to
6.57, Stats.:
SECTION 1. Chapter ElBd 3 is created to read:
3.01 Voter registration. (1) In this chapter:
(a) “Applicant" has the meaning given in s.
6.02 (2)(a), Stats.
(b) “Appointing authority" means the state elections board, a municipal clerk or board
of election commissioners.
(c) “Board" means the state elections board.
(d) “By mail" means the completing and signing of a voter registration application form other than in the presence of a special registration deputy, county clerk, deputy clerk or municipal clerk.
(e) “Close of registration" has the meaning given in s.
6.28 (1), Stats.
(f) “Election cycle" means the period beginning on January 1 of an odd-numbered year and continuing through December 31 of an even-numbered year.
