Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Terri Lenz, Wisconsin Department of Administration, Division of Enterprise Operations, P.O. Box 7867, Madison, WI 53707-7867, or by calling (608) 261-2298, fax at (608) 267-0600 or by email at
terri.lenz@wisconsin.gov. Comments may also be submitted via the Wis. Administrative Rules Website at
http://adminrules.wisconsin.gov Written comments must be received by May 28, 2008, to be included in the record of rule-making proceedings.
Agency Contact Person
Terri Lenz
Division of Enterprise Operations
P.O. Box 7867
Madison, WI 53707-7867
Phone: (608) 261-2298
Fax: (608) 267-0600
Copies of Proposed Rule
A copy of the rule and the full fiscal estimate may be obtained upon request from Terri Lenz, Wisconsin Department of Administration, Division of Enterprise Operations, P.O. Box 7867, Madison, WI 53707-7867, or by calling (608) 261-2298, fax at (608) 267-0600 or by email at
terri.lenz@wisconsin.gov.
Analysis Prepared by the Dept. of Administration
The Department intends to promulgate a rule as required by Act 142 making changes to the Service Award Program for volunteer fire fighters, first responders and emergency medical technicians. The Service Award Board (SAB) was created by
1999 Wisconsin Act 105 consists of an eight-member board appointed by the Governor. The program intent is to assist in the recruitment and training of volunteer fire fighters and emergency medical technicians. The state will annually match the municipal contributions up to $2 million. Currently there are 203 volunteer departments participating in the program covering 5,773 fire fighters and emergency medical technicians.
Act 142 amends the length of service award program by extending the benefits of the program to first responders and providing that a county may participate in the program as well as a city, village or two. The act also removes the requirement that a volunteer must have served for at least five years before a local government body may purchase additional years of service.
Statutes interpreted
Statutory authority
Explanation of agency authority
Wisconsin Act 142 to amend ss.
16.25 (title),
(1) (a),
(c),
(d),
(2),
(3) (a) to
(k), and
(5); and to create 16.25 (1) (am) of the statutes; relating to the Volunteer Fire Fighter and Emergency Medical Technician Service Award Program.
Related statute or rule
Plain language analysis
The program was created by
1999 Wisconsin Act 105 and is governed by an eight-member board appointed by the Governor. The program intent is to assist in the recruitment and training of volunteer fire fighters, first responders and emergency medical technicians. The state will annually match the municipal contributions up to $2 million. Currently there are 203 volunteer departments participating in the program covering 5,773 fire fighters and emergency medical technicians.
Act 142 made changes to various statutes governing the program. They consist of:
•
Renaming the Volunteer Fire Fighter and Emergency Medical Technician Service Award Program to the Service Award Program;
•
Renaming the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board to the Service Award Board;
•
Extending the benefits of the program so first responders are eligible participants;
•
Adding that a county may participate under the definition of a municipality;
•
Eliminating the requirement that a volunteer have at least 5 years of experience before prior year service can be purchased;
•
A volunteer who has not met all of the vesting requirements shall have their account closed, not forfeited;
•
Include the provision that the beneficiary of a volunteer who is killed while actively engaged in the rendering of volunteer fire fighting, first responder, or emergency medical technical service be paid the service lump sum; and
•
Adds the provision that the volunteer must meet any other program requirements established by the municipality.
Comparison with federal regulations
This proposed rule is specific to the State of Wisconsin Service Award Program law and is completely separate from, and unaffected by, federal regulations.
Comparison with rules in adjacent states.
Michigan: The department is unaware of and was unable to locate any rules in this state pertaining to this subject.
Minnesota: Minnesota does have a program however it is decentralized. Each department participates independently and the programs differ.
Illinois: The department is unaware of and was unable to locate any rules in this state pertaining to this subject.
Iowa: The department is unaware of and was unable to locate any rules in this state pertaining to this subject.
Summary of factual data and analytical methodologies
Initial Regulatory Flexibility Analysis
The proposed rule makes changes to the program as prescribes in Wis. Act 142 and allows local units of governments, counties and first responders to be eligible to participate under the changes enacted by Act 142 to allow additional volunteers to become eligible to participate in the program.
There is no effect on small business.
Fiscal Estimate
State fiscal effect
Increase existing appropriations. The increase in costs cannot be absorbed within the agency's budget.
Local fiscal effect
Indeterminate
Types of local government units affected
Towns, villages, cities, counties
Fund sources affected
GPR
Long-range fiscal implications
None
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapter ATCP 123, Wis. Adm. Code, relating to electronic communication services.
Hearing Information
Wednesday, May 28, 2008
9:00 a.m. to 11:00 a.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53718-6777
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Thursday May 15, 2008, by writing to Michelle Reinen, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5160. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Submission of Written Comments
DATCP will hold a public hearing at the time and place shown above. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, June 13, 2008 for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, by email to
michelle.reinen@wi.gov or online at:
https://apps4.dhfs.state.wi.us/admrules/public/Home
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5160 or emailing
michelle.reinen@wi.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers rules to protect consumers against unfair sales and billing practices related to telecommunications services, cable television services and satellite television services. Current rules are contained in ch.
ATCP 123, Wis. Adm. Code.
This rule updates current rule coverage to reflect new service delivery methods and “bundling" practices, and to conform to law changes enacted in
2007 Wis. Act 42. This rule maintains current protection for video service subscribers, regardless of the method used to deliver the video service.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has general authority, under s.
93.07(1), Stats., to interpret laws under its jurisdiction. DATCP has authority, under s.
100.207, Stats., to regulate sales and billing practices related to telecommunications. DATCP also has broad authority, under s.
100.20, Stats., to regulate methods of competition and trade practices in business.
Related rules or statutes
The Wisconsin public service commission (PSC) regulates telecommunications service providers to the extent provided under chapter 196, Stats. The department of financial institutions (DFI) and local municipalities regulate video service providers to the extent provided in ch.
66, Stats.
2007 Wisconsin Act 42 changed the way that Wisconsin regulates cable television and other video services. The act provided for state, rather than local, franchising of video service providers. The act also changed prior definitions, and added a new definition of “video services." This rule incorporates new statutory definitions, in order to maintain the coverage of current rules.
Rule background
Current DATCP rules regulate unfair sales and billing practices related to telecommunications, cable television and satellite television provided to consumers on a subscription basis. The current rules do all of the following:
•
Require providers to disclose subscription terms and conditions.
•
Prohibit billing for unordered services.
