Rule-Making Notices
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 a public hearing 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.
•
Prohibit the imposition of price increases without prior notice and opportunity to cancel.
•
Prohibit unfair “negative option" billing practices.
Since DATCP adopted the current rules, business practices and technology have changed. For example, video services can now be delivered over telephone lines. Providers now offer “bundled" service packages that may include local telephone, long-distance telephone, wireless telephone, video, internet and other services. Consumers may receive a number of these services on one electronic device, and may receive one bill for all of the “bundled" services.
This rule updates current rule coverage to ensure that protection is afforded to video service consumers on an equal basis, regardless of the technology or method used to deliver the service. This rule does not make major changes in rule content, but does make minor content adjustments to address new service delivery methods and “bundling" practices.
Plain language analysis
This rule does all of the following:
•
Retitles ch.
ATCP 123 from “Telecommunications and Cable Television Services" to “Electronic Communication Services."
•
Defines “electronic communication service" to include telecommunications service, video service, broadband internet service and satellite television service provided on to consumers on a subscription basis. “Electronic communication service" also includes any good or service that a subscriber is required to purchase from the service provider in order to obtain the electronic communication service.
•
Defines “video programming" and “video service," consistent with current statutes.
•
Changes “telecommunications service or cable television service" where it appears in the main body of the rule to “electronic communication service."
•
Changes other words in the rule text to reflect recent statutory definition changes (
2007 Wisconsin Act 42).
Comparison with federal regulations
Congress and the federal communications commission have significantly reduced federal regulation of telecommunications service and video services. The federal government has left, to state governments, much of the responsibility for regulating the business practices of service providers.
Comparison with rules of adjacent states
No surrounding states regulate the subscription and billing practices of telecommunication and video service providers in a manner similar to Wisconsin. The surrounding states approach the regulation of this industry by focusing on specific trade practices, such as the unauthorized switching of long-distance services or consumer protection for users of coin-operated phones. Wisconsin is the only state that has comprehensive regulation providing standards for subscription and billing practices that apply equally to all competing providers.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. This rule merely updates current rules to address changes in business practices and technology, and to incorporate new definitions created under 2007 Wisconsin ACT 42.
Initial Regulatory Flexibility Analysis
This rule will have few, if any, negative impacts on business. This rule simply updates the definitions and coverage of current rules to prevent the erosion of current consumer protection regulations. Some video service providers now use new electronic delivery methods that are not covered by current rules. This rule applies existing consumer protection standards to those new delivery methods, so that consumers will continue to enjoy protection. This rule will help maintain fair competition between video service providers, regardless of the delivery method used. None of the video service providers using the new electronic delivery methods are small businesses.
Fiscal Estimate
This rule will have no significant fiscal impact on DATCP or local units of government.
Notice of Hearing
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules creating subch.
IV of ch. ATCP 161, relating to the “buy local" grant program created under s.
93.48, Stats. DATCP adopted a temporary emergency rule effective February 22, 2008, and is also proposing a “permanent" rule. The hearing will cover the “emergency" rule as well as the proposed “permanent" rule.
Hearing Information
May 30, 2008
1:00 p.m. to 2:00 p.m.
WI Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Drive – Board Room, 1st Floor
Madison, WI 53704
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by May 23, by writing to Shirley Schultz, Division of Agricultural Market Development, P.O. Box 8911, Madison, WI 53708-8911,
Shirley.schultz@wisconsin.gov, telephone (608) 224-5129. 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 the public hearing at the time and location shown above. DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Wednesday, June 11, 2008 for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, by email to
datcpBLBW@wisconsin.gov or online:
https://apps4.dhfs.state.wi.us/admrules/public/Home
To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to
Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain free copies of the temporary “emergency" rule and proposed “permanent" rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Market Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-5017 or emailing
datcpBLBW@wisconsin.gov. Copies will also be available at the hearing. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/admrules/public/Home
Agency Contact
Questions and comments related to this rule may be directed to:
Amy Bruner Zimmerman
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5017
Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection
This rule implements the “buy local" grant program created under s.
93.48, Stats., by
2007 Wisconsin Act 20 (biennial budget act). Under s.
93.48, Stats., the Department of Agriculture, Trade and Consumer Protection (“DATCP") is authorized to award grants for projects designed to increase local purchases of Wisconsin agricultural products. The budget act appropriated $225,000 for this grant program in the FY 2007-09 fiscal biennium.
This rule does all of the following:
•
Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “buy local" grant program.
•
Spells out the procedures and criteria that DATCP will use to evaluate grant proposals, make grant awards and distribute grant payments.
•
Spells out the purposes for which grant funds may be used, subject to the terms of the grant contract.
This rule is identical to the temporary emergency rule that DATCP adopted effective February 22, 2008, except for one minor difference noted below.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has general authority under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. Section
93.48 (1), Stats., specifically requires DATCP to adopt rules for the “buy local" grant program.
Related rules or statutes
There are no directly related rules or statutes, other than those cited above. DATCP rules for the “buy local" grant program will be incorporated as a subchapter of ch.
ATCP 161, Wis. Adm. Code (agricultural development and market promotion).
Rule content
The “buy local" grant program is designed to increase local sales of Wisconsin agricultural products. The biennial budget act appropriated $225,000 in grant funding for the FY 2007-09 fiscal biennium. This rule spells out grant procedures and criteria. Under this rule, the “buy local" grant program will focus mainly on food products, rather than other agricultural products such as timber, feed, fiber or nursery products (it may incidentally benefit those other products).
Grant Purposes
Under this rule, DATCP may award grants for projects that are designed to increase the sale of Wisconsin food products to local purchasers. For example, DATCP may award grants for projects to create, expand, diversify or promote any of the following:
•
Local food marketing systems and market outlets.
•
Local food and cultural tourism trails.
•
Production, processing, marketing and distribution of Wisconsin food products for sale to local purchasers.
Grant Limits
Under this rule, no individual grant award may exceed $50,000. DATCP may not make more than one grant award to the same person in the same state fiscal biennium. Once DATCP makes a grant award, DATCP may make the actual grant payments over a contract period of up to 2 years. DATCP may extend the contract term for up to one additional year upon request.
Matching Requirement
To qualify for a grant under this rule, a grant recipient must make a matching commitment equal to at least 33% of the grant amount. A matching commitment may include a commitment of capital, land, labor, equipment or cash related to the grant project. Under this rule, matching funds may include grant funds received from sources other than DATCP (this is a change from the temporary “emergency" rule that took effect on February 22, 2008).
Use of Grant Funds
Under this rule, grant funds may be used to reimburse any of the following expenses if those expenses are a reasonable and necessary part of the grant project:
•
Operating expenses, including expenses for salaries and wages, contract and consulting services, travel, supplies and public information.
•
Real estate and equipment rental.
•
The purchase of equipment whose full value is ordinarily depreciable within one year.
•
Reasonable depreciation expense incurred, for capital equipment, during the term of the grant contract.
Grant funds may not reimburse any of the following expenses:
•
Real estate purchases.
•
Repayment of loans or mortgages.
•
Rent or contract payments for time periods extending beyond the term of the grant contract.
•
Equipment purchases, except for certain equipment purchases and depreciation expenses specifically authorized by this rule.
•
Administrative or overhead costs that are not direct costs of the grant project.
Grant Proposals
Under this rule, DATCP must issue at least one request for grant proposals in each state fiscal biennium (DATCP may issue more frequent requests, if it chooses to do so). The request for applications must describe the required form and content of grant proposals, and must specify a deadline for submitting grant proposals. Grant applicants must submit grant proposals to DATCP, in the manner prescribed by DATCP's request for applications.
Grant Awards
Under this rule, DATCP must evaluate grant proposals and issue its grant awards within 90 days after the grant application deadline. DATCP must clearly identify each award recipient, the amount of the award, and the purposes for which the award is given. DATCP must consider all of the following criteria when evaluating grant proposals and making grant awards:
•
The extent to which a proposed project will increase local purchases of Wisconsin food products.
•
Whether the proposal complies with DATCP's request for proposals.
•
Whether the proposed project meets the standards prescribed in this rule.
•
The viability of the proposed project.
•
Additional project benefits for Wisconsin agriculture or tourism.
•
The management and technical qualifications of the grant applicant.
•
The qualifications of the persons who will carry out the project.
•
The financial capacity of the grant applicant to complete the project as proposed.
•
The adequacy of the project plan and budget.
•
Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
Grant Contracts
Under this rule, DATCP must enter into a grant contract with a grant recipient before distributing any grant funds to that recipient. The contract must spell out grant terms and conditions, including performance requirements, reporting requirements and payment terms.
Grant Payments
Under this rule, DATCP may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. The grant contract must describe payment terms and conditions. DATCP may require a grant recipient to file progress reports and submit expense documentation as necessary to support grant payments.
Comparison with federal regulations
The United States Department of Agriculture (USDA) administers a farmers' market promotion program. That program offers grants to help improve and expand domestic farmers markets, roadside stands, community-supported agriculture programs and other direct farmer-to-consumer marketing mechanisms.
USDA also provides food assistance programs for pregnant women, women with infants, children up to 5 years old, and seniors who are at nutritional risk. Those programs provide or promote fresh, locally grown foods to program participants.
Comparison with rules in adjacent states
Wisconsin's “buy local" program is the first state program of its kind in the nation. However, surrounding states provide various types and levels of support for local food systems. For example, Michigan's state procurement policy encourages purchases from local farmers and businesses. Iowa provides over $3 million in annual funding for local food and sustainable agriculture programs at Iowa State University- Extension (Leopold Center).
Initial Regulatory Flexibility Analysis
The “buy local" grant program will benefit farmers, businesses and communities that participate in production, distribution or marketing of locally produced foods. Grant recipients will benefit directly, while others will benefit indirectly from the creation of stronger local food networks and systems. This rule will establish standards and procedures for the “buy local" grant program to ensure that the program is effective and accountable.
Fiscal Estimate
This rule will have a fiscal impact on DATCP operations. Under this rule, DATCP must issue at least one request for grant proposals in each state fiscal biennium for which funding is available. DATCP staff must review grant applications, recommend grant awards, administer grants, and ensure compliance with applicable requirements. DATCP staff will also provide technical assistance to grant recipients, as appropriate.
Program administration will occupy at least 2.0 FTE staff in DATCP's Division of Agricultural Development (this does not include legal, managerial, DATCP central accounting, or other indirect staff support). The combined total cost for those 2.0 FTE staff will be $147,000 per year, including salary, fringe benefits and support costs (there will be a smaller proportionate cost for the remainder of the current fiscal year). The biennial budget act authorized 1.0 new FTE staff position, including staff funding of $42,700 GPR for the current fiscal year and $64,100 GPR for FY 2008-09. In the short term, DATCP will try to fill remaining staffing needs by shifting current staff from other agricultural development programs.
The budget act also provided funding (but no staff positions) for training, marketing, data tracking and information technology for the “buy local" program. Funding for those purposes is $110,000 GPR in the current fiscal year and $165,000 in FY 2008-09.
Notice of Hearing
Commerce
Fee Schedule, Ch.
Comm 2
Licenses, Certifications and Registrations, Ch.
Comm 5
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.19 and
145.08, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 2 and 5 relating to program revenue fees.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
May 28, 2008
|
Conference Room 3B
|
Wednesday
10:00 a.m.
|
Thompson Commerce Center
201 W. Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 6, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rule
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Agency Contact
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None
Explanation of agency authority
Chapters
101 and
145, Stats., grant the department general authority for the purpose of protecting public health, safety and welfare by establishing standards and regulatory oversight programs for the construction and maintenance of buildings, structures and dwellings and their components. These programs are administered by the Safety and Buildings Division. Sections
101.19 and
145.08, Stats., grant the department authority to promulgate rules to fix and collect fees that reflect the cost of providing these programs.
Summary of proposed rules
The Division of Safety and Buildings within the Department of Commerce is responsible for administering and enforcing safety and health rules relating to the construction and inspection of dwellings, public buildings and places of employment. In the administration and enforcement of those rules, the Department provides numerous services such as plan examination, inspection and certification. The Department, by rule promulgated under chapter 227 of the Wisconsin Statutes, is required to fix and collect fees which should, as closely as possible, equal the cost of providing those services.
Most of the fees charge by the Division of Safety and buildings are specified in chapter Comm 2. Additional fees for licenses, certification and registration are specified in chapter Comm 5. Many of the fee increases proposed fall under the scope of chapter Comm 2 and some of the fees are regarding chapter Comm 5.
The proposed rules contain fee increases for the following program areas: amusement rides and ski tows; boilers, gas systems and mechanical refrigeration; commercial buildings; elevators and lifting devices; plumbing systems plan review; public swimming, water attractions and associated slides; private onsite wastewater treatment system plan and product review; soil erosion/stormwater management; 1&2 family dwellings and manufactured homes/housing; rental weatherization, and licenses certifications and registrations.
The proposed changes are necessary in order to bring revenues more in line with the costs of providing the services in each program area. The fee increases proposed would result in an overall increase in revenue of 18% and provide sufficient revenue for a 4 year period. Some fees would decrease (e.g., certain amusement ride program fees), and not all fees within program areas for which fee increases are proposed would increase. The fee increases proposed range from 6 percent to 700 percent. (In one case a $25 fee changing to $200.) Many fees contained in this proposal are based on a rate of $80 per hour, except for amusement ride and ski tow activities, which are based on $70 per hour.
In some program areas, the current fees would remain unchanged. The program area fees that are not being changed include: electrical, mine inspection, permit to operate fees in boiler and elevators, certain licensing fees. A general fee increase last occurred in September 2000, except for POWTS- and UDC-related fees, which were last updated in 1992.
Amusement Rides
The plan examination fee for new amusement ride tramways, and the fee for the review of engineering analysis and test data associated with the acceptance of amusement rides and bungee jumping sites, would increase from $220 to $280, a 27 percent increase.
Fees for the periodic inspection of amusement rides would increase 11 percent overall.
The fee for the periodic inspection of bungee jumping sites would be charged according to s.
Comm 2.20 (1) (f), Inspection of Class 2 amusement rides, thereby decreasing the fee from $800 to $250.
The fee for the annual registration of all amusement rides would increase from $50 to $55, a 10 percent increase.
Passenger Ropeways
Fees for the inspection of passenger ropeways, indicated in Table 2.21-2, would decrease by 29 percent.
Plan examination fees for passenger ropeways, indicated in Table 2.21-1, would remain unchanged.
The fee for a permit to operate a passenger ropeway would remain unchanged at $35.
Boilers, Gas Systems, and Mechanical Refrigeration
Pressure vessel inspection fee increases would range from 33 to 58 percent.
Inspection fees for boilers would generally increase 50 percent.
The fee for plan review of gas systems would increase from $200 to $300, a 50 percent increase; the inspection fee for gas systems would increase from $250 to $400, a 60 percent increase.
The plan review, initial inspection and period inspection fees for anhydrous ammonia systems and storage facilities would generally increase 50 percent.
Mechanical refrigeration inspection fees would generally increase 50 percent.
Anhydrous ammonia system nurse tank periodic inspection fee increases would range from 31 to 100 percent.
The fee for a permit to operate a boiler, pressure vessel, anhydrous ammonia system and mechanical refrigeration would remain unchanged at $35.
Commercial Buildings
The fees for building plan review under ch.
Comm 61 would increase 6 percent overall. The proposed fees would range from $300 to $20,000 (where the Department conducts the inspection) or $250 to $18,000 (where a municipality conducts the inspection).
Plan review fees for building HVAC systems would increase 9 percent overall. The proposed fees would range from $180 to $13,500 (Department inspection) or $150 to $12,100 (municipal inspection).
Plan review fees for fire systems would increase 6 percent overall. The proposed fees would range from $50 to $7,100 (Department inspection) or $30 to $6,400 (municipal inspection).
Elevators and Lifting Devices
The current basis for determining the fee for an elevator plan review, initial inspection and period inspection includes the number of landings of the elevator unit. This basis would be removed and the basis would become the type of elevator unit, as follows:
• Traction elevator, other elevator driving machines;
• Hydraulic elevator;
• Dumbwaiter, platform lift, stair chair lift, special application elevator;
• Escalator, moving.
Current fee amounts for plan review and initial inspection in Table 2.15-1 and for periodic inspection in Table 2.15-2 would be combined into Table 2.15.
Current fee amounts charged for elevator plan review and initial elevator inspection fees would generally increase 57 percent.
Current fee amounts charged for elevator periodic inspection would generally increase 30 percent.
Current fee amount for a permit to operate an elevator would remain at $35.
Plumbing Systems Plan Review
Current fee amounts for plan review of plumbing systems would generally increase by 27 percent.
Current fee amounts for plumbing product approval would increase by 25 percent.
Public Swimming Pools, Water Attractions and Associated Slides
Current fee amounts for plan review and inspection of public swimming pools, water attractions and slides would increase 100 percent.
POWTS (Private Onsite Wastewater Treatment Systems) Plan and Product Review
Current fee amounts for plan review of POWTS would generally increase by 50 percent.
The current fee for a sanitary permit issued under Comm 2.67 (1) (a) would increase from $116 to $141, a 22 percent increase.
Current fee amounts for POWTS product approval would increase by 25%.
Rental Weatherization
The current fee for a rental weatherization certification stamp would be increased from $30 to $40, a 33 percent increase.
Soil Erosion/Stormwater Management
The fee for filing a notice of intent (to disturb soil) would increase from $25 to $200, a 800 percent increase. The proposed fee would be the same as the NOI fee charged by the DNR.
1&2 Family Dwellings and Manufactured Homes/Housing
The Uniform Building Permit seal fee would increase from $25 to $40, a 60 percent increase.
The Wisconsin Insignia fee (utilized for manufactured dwellings) would remain at $25.
Fees for the plan review and inspection of manufactured home communities would remain unchanged.
Manufactured home titling fees and manufactured home community permit fees would remain unchanged.
License, Certification and Registration
Where the current application fee is $10, the fee would generally increase to $15, a 50 percent increase.
Where the current examination fee is $20, the fee would generally increase to $25, a 25 percent increase.
The license fee for Commercial Building and UDC inspectors would increase from $30 to $40, a 33 percent increase.
The business certification fee for dwelling contractors would increase by $15, a 75 percent increase.
The individual certification fee for dwelling contractor qualifiers would increase by $30, a 100 percent increase.
The certification fee for a manufactured home installer would increase from $100 to $160, a 60 percent increase.
The license, application and certification fees for a soil tester would increase from $25 to $35, $50 to $75 and $240 to $300 respectively.
The registration fee for a POWTS maintainer would increase from $60 to $90, a 50 percent increase.
The certification fee for an HVAC contractor would increase from $100 to $160, a 60 percent increase.
Miscellaneous
The miscellaneous fees indicated in s.
Comm 2.02 (e.g., photocopying fees, plan reproduction fees) would increase 20%.
The hourly fee charged for miscellaneous inspections during regular work hours would increase from $60 to $80, a 25 percent increase.
Comparison with federal regulations
An Internet-based search in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
Comparison with rules in adjacent states
The following is a comparison of some of the fees proposed with fees charged in other states. The methodology of charging fees varies, making a meaningful comparison more difficult to conduct. The hourly rate of $80 per hour proposed by Commerce is compared with the hourly rate charged in other states. Comparisons are also made between the permit-to-operate fees.
Illinois. Illinois does not provide for the state-wide regulation of commercial or residential building construction.
Illinois provides for the statewide regulation of elevators. Illinois requires payment of a $75 annual certificate of operation for an elevator. Wisconsin's elevator permit to operate is also required annually and the fee is $35. Illinois does not provide plan review or inspection services; the latter of these services is provided by licensed, private parties.
Illinois also provides for statewide regulation of boilers. For example, a certificate to operate is required annually in Illinois and the cost is $75. Again, Wisconsin also requires such a permit annually and the cost is $35. Regular inspections are provided by state inspectors (and also insurance inspectors). The maximum fee proposed by Wisconsin for the inspection of a pressure vessel is $140; the maximum in Illinois for such an inspection is $160.
Iowa. Iowa fees for building plan review and inspection are based on the estimated construction costs. An hourly rate for building inspection is indicated at $206 for one hour on-site, and $374 for an inspection lasting between 5 and 6 hours.
Iowa's fee for an annual elevator permit is $50; Wisconsin's fee for an annual elevator permit is $35. Iowa charges an hourly rate of $100 for consultative elevator inspections.
Minnesota. Minnesota has an hourly rate of $45 per hour for building inspections and some elevator inspections. This rate is 15 years old and the costs of building inspection are significantly supplemented by a surcharge placed on municipal building permit revenue. The hourly rate does not include costs related to code development and does not include costs for management other than direct supervision. All code development and management costs are included in Wisconsin's proposed hourly rate.
Minnesota's hourly rate for boiler inspection is $80. The annual registration fee for a boiler in Minnesota is $10; the Wisconsin fee for a boiler permit to operate is $35. The Minnesota fee for the inspection of a boiler inaccessible or accessible for internal inspection is $55; a fee of $60 would be charged by Wisconsin for an external inspection of a heating boiler.
Michigan. Michigan charges an hourly rate of $100 per hour for various services (e.g., elevator hourly inspection rate and hourly building plan review rate). Michigan's annual certificate of operation fee for an elevator is $35, the same as Wisconsin's annual elevator permit-to-operate fee.
Summary of factual data and analytical methodologies
The majority of the fees charged by the Safety and Buildings Division have not been increased since 2000 and some fees have not been increased since 1992. The proposed changes are necessary in order to bring revenues in line with the cost of providing the services in each program area. It is estimated that the changes will increase total program revenues by 18 percent and provide a sufficient revenue flow for a 4-year period. The department is statutorily directed to establish and collect fees which should, as closely as possible, equal the cost of providing those services.
The department utilizes advisory councils in analyzing and developing proposed revisions to the Fee Code. The councils involved in the review of the proposed rules were the Amusement Ride Council, Boiler and Pressure Vessel Code Council, Commercial Building Code Council, Conveyance Safety Council, Manufactured Home Council, Multifamily Dwelling Code Council, Plumbing Code Council, Pool Council, POWTS Code Council and Uniform Dwelling Code Council. These councils involve a variety of organizations whose memberships include small businesses and municipal staff. The department utilizes these councils to gather information on potential impacts in complying with the administrative requirements of this proposal. A responsibility of council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in the Safety and Building Division.)
Analysis and supporting documents used to determine effect on small business
The Department believes that the proposed rules would have a minimal direct impact on small business in light of the following:
In most cases, the annual fees associated with building equipment that require businesses to obtain permits to operate or registrations are not proposed to be increased. The majority of the fee increases relate to division services, such as plan review and inspection, which most businesses would utilize on an infrequent basis. These types of fees would not be significant to the overall operation of the business in comparison to overall expenses.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules
The rules will affect any business that pays fees to the Safety and Buildings Division for the Division's services such as plan review, inspection, permits to operate, registrations, licenses and certifications. The services where fee adjustments are proposed involve amusement rides, boilers, gas systems, mechanical refrigeration, commercial buildings, elevators, plumbing, swimming pools, private onsite wastewater treatment systems, rental weatherization, soil erosion and stormwater management, 1&2 family dwellings and manufactured homes.
Some examples of businesses that pay fees for division services include, architects, engineers, and contractors.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed changes to chapters Comm 2 and 5 do not imposed any additional reporting, bookkeeping or other procedures for compliance.
Types of professional skills necessary for compliance with the rules.
The proposed changes to chapters Comm 2 and 5 do not any type of professional skills for compliance.
Rules have a significant economic impact on small businesses?
No.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
The Department estimates that current, annual revenues are $15,814,400. Annualized costs for the period FY09 – FY12 (July 1, 2008 – June 30, 2012) are estimated at $17,659,000. In order to generate sufficient revenue to cover these anticipated costs, the Department proposes to increase fees such that annual revenue generated during the four-year period would be $18,730,100, a 18.44% increase, and would cover anticipated costs during that time. Costs and revenue have been estimated for each of the Division's programs, such that each program is covering its own costs. These programs include:
Amusement Rides
Passenger Ropeways
Boilers, Gas Systems, Mechanical Refrigeration Systems
Commercial Buildings
Elevators
Plumbing
Swimming Pools
Private Onsite Wastewater Treatment Systems
Rental Weatherization
Soil Erosion/Stormwater Management
1 & 2 Family Dwellings/Manufactured Homes
State fiscal impact
Increase existing revenues.
Local fiscal impact
None
Fund sources affected
PRO
Affected ch.
20 appropriations
Long-range fiscal implications
No long range fiscal implications are anticipated at this time.
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
NOTICE IS HEREBY GIVEN that pursuant to section
560.125 (5m) of the Statutes, the Department of Commerce will hold a public hearing on proposed rules in chapter Comm 131, relating to diesel truck idling reduction grants, and
affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
May 27, 2008
Tuesday
9:30 a.m.
|
Thompson Commerce Center Third Floor, Room 3B
201 West Washington Avenue
Madison, Wisconsin
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 2, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Proposed Rule
The proposed rules and an analysis of the rules are available on the Internet by entering “Comm 131" in the search engine at the following Web site:
http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Tom Coogan at the Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI 53707-7970, or at
Thomas.Coogan@ Wisconsin.gov, or telephone (608) 267-9214 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Agency Contact Person
Tom Coogan, Wisconsin Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 267-9214; e-mail
Thomas.Coogan@wisconsin.gov
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or at
cdunn@commerce.state.wi.us.
Analysis Prepared by Dept. of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
560.125 (5m) of the Statutes requires the Department to promulgate rules for administering a diesel truck idling reduction grant program under section
560.125 of the Statutes. Section
560.125 (4) (f) of the Statutes authorizes the Department to impose conditions on the receipt of grants issued in this program.
Related statute or rule
Chapter
Comm 48 regulates petroleum products, including diesel fuels, in Wisconsin.
Summary of rule
The proposed rules would make chapter Comm 131 consistent with the changes that were made to section
560.125 of the Statutes by
2007 Wisconsin Act 20. Prior to this Act, and under the current rules that have been in effect since July 1, 2006, (1) an approved applicant paid 30 percent of the eligible costs for each idling reduction unit, unless the Department required payment of a higher percentage; (2) the Department annually funded units for a limited percentage of an applicant's truck tractors, and the percentage decreased as the number of owned tractors increased from 1 to 500; (3) the Department annually funded up to the greater of either 25 units or units for 5 percent of the owned truck tractors, for an applicant who owned and operated from 501 to 2500 truck tractors; and (4) the Department annually funded units for up to 3 percent of the owned truck tractors, for an applicant who owned and operated more than 2500 truck tractors.
Under the changes enacted in
2007 Act 20, (1) the applicant must pay at least 50 percent of the eligible costs for each idling reduction unit, (2) the 25-unit limit is now 30 units, (3) the limit for more than 2500 truck tractors is now the greater of either 3 percent or 125 units, and (4) the annual limit on the number of units that an applicant could receive funding for, which was applied during each of the first two years of the program, is now the limit for the period from July 1, 2007, to June 30, 2011.
Comparison with federal regulations
Various federal regulations address efforts to decrease emissions of air contaminants or to decrease the use of energy, by motor vehicles.
Particularly pertinent to the proposed rules is a regulation published by the U.S. Environmental Protection Agency (EPA) in the January 18, 2001, Federal Register, under Title 40, Parts 69, 80, and 86, in the Code of Federal Regulations. Through this regulation, the EPA has established a comprehensive national control program for reducing particulate matter and nitrogen-oxide emissions from new heavy-duty diesel engines by 90 percent and 95 percent below current standard levels, respectively. This national program includes stringent, new emission standards that took effect in model year 2007, and a corresponding significant reduction of the level of sulfur in diesel fuels, which is needed to enable engine components to consistently meet the emission standards.
Extensive federal efforts related to this national program are also underway for reducing these emissions from existing diesel engines by reducing diesel engine idling – such as (1) the EPA's National Clean Diesel Campaign, which is aggressively promoting diesel idling reduction nationwide; (2) the National Transportation Idle-Free Corridors project, as sponsored by the EPA's SmartWay™ Transport Partnership, which aims to eliminate all unnecessary long-duration diesel truck and locomotive idling at strategic points along major transportation corridors; (3) the Clean Cities Program in the U.S. Department of Energy (DOE), which includes addressing research and development for diesel idling reduction technologies, and corresponding funding of national and state-level demonstration projects; (4) the National Idling Reduction Network News, as published monthly by the DOE's Argonne National Laboratory, which summarizes current events and developments nationwide relating to diesel idling reduction; and (5) the Congestion Mitigation and Air Quality Improvement Program in the U.S. Department of Transportation's Federal Highway Administration, which funds retrofitting of heavy-duty diesel engines that results in reducing nitrogen-oxide emissions in air-quality-related nonattainment or maintenance areas. In addition, for fiscal year 2008, Congress appropriated funds for the first time under the federal Energy Policy Act of 2005 to help reduce emissions from heavy-duty diesel engines. Through the National Clean Diesel Campaign, the EPA can award grants totaling $49.2 million in fiscal year 2008, to states and other eligible entities to build diesel emission reduction programs across the country. According to the EPA, the emissions from the millions of diesel engines already in use are linked to thousands of premature deaths, hundreds of thousands of asthma attacks, millions of lost work days, and numerous other health impacts every year.
Comparison with rules in adjacent states
No adjacent state has a grant program for purchasing and installing diesel truck idling reduction equipment. However, under corresponding statutory criteria, Minnesota began providing loans in 2005 that can be used for this purpose, through its Small Business Environmental Improvement Loan Program. Related efforts in Iowa, Illinois and Michigan include (1) sponsoring of workshops in Michigan and Illinois, in conjunction with the EPA's Midwest Clean Diesel Initiative; and (2) enactment of legislation in Illinois in June 2006 that prohibits diesel vehicles of 8000 pounds or more from idling within the metropolitan areas of Chicago and East Saint Louis, for more than 10 minutes within any 60-minute period, except for various exemptions. Due to the availability of the EPA grants described above, the adjacent States are expected to begin implementing grant programs for diesel idling reduction within the next year or two.
Summary of factual data and analytical methodologies
The data and methodology for developing the proposed rules consisted of incorporating the changes that are needed to achieve consistency with the changes which were made to section
560.125, Stats., by Sections
3564p to
3564t of
2007 Wisconsin Act 20.
Analysis and supporting documents used to determine effect on small business
The Department considered the applications and resulting grants that were processed during the initial, 2007, funding cycle of the program.
Initial Regulatory Flexibility Analysis
Summary
Small businesses which own diesel truck tractors and which apply for grants under chapter Comm 131, as amended by the proposed rules, may receive a smaller benefit than they would have received without enactment of
2007 Wisconsin Act 20. The proposed rules are not expected to impose any significant costs on small businesses, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.
Types of small businesses that will be affected by the rules
Owners and operators of small fleets of diesel trucks who choose to apply for the grant funds, and vendors who sell or install the idling reduction equipment addressed by the grant funds.
Reporting, bookkeeping and other procedures required for compliance with the rules
No new reporting, bookkeeping or other procedures would be required for complying with the proposed rules.
Types of professional skills necessary for compliance with the rules
No new professional skills would be required for complying with the proposed rules.
Rules have a significant economic impact on small businesses?
No.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
The proposed rules are not expected to have any significant fiscal effect on the Department, because they would only modify how the current grant funding is allocated to eligible applicants.
The proposed rules are not expected to impose any significant costs on the private sector, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.
State fiscal impact
None
Local fiscal impact
None
Long-range fiscal implications
None known.
Notice of Hearing
Financial Institutions - Corporate and Consumer Services
NOTICE IS HEREBY GIVEN That pursuant to ss.
66.0420 (3) (f) 4.,
66.0420 (13) (a) and
227.11 (2), Stats., and interpreting s.
66.0420, Stats., the Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Affairs will hold a public hearing to consider a rule to create chapter DFI-CCS 20 relating to video service franchise.
Hearing Information
The hearing will be held:
June 3, 2008 Dept. of Financial Institutions
1:00 p.m. 345 W. Washington Avenue
5th Floor
Madison, Wisconsin
Submission of Written Comments
Written comments may be sent to Mark Schlei, Deputy General Counsel, Wisconsin Dept. of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, (608) 267-1705, e-mail: mark.schlei@dfi. state.wi.us. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
Copies of Proposed Rule
A copy of the proposed rule, hearing notice and fiscal estimate may be obtained at the department's website,
www.wdfi.org or by contacting Mark Schlei, Deputy General Counsel, Wisconsin Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@ dfi.state.wi.us.
Agency Contact Person
For questions regarding the agency's internal processing of the proposed rule:
Contact Mark Schlei, Deputy General Counsel, Wisconsin Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5
th Floor, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@dfi.state.wi.us.
For substantive questions on the rule:
Contact Cheryll Olson-Collins, Administrator, Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Affairs, P.O. Box 7846, Madison, WI 53708-7846, tel. (608) 266-6810, e-mail
cheryll.olsoncollins@dfi.state.wi.us or Ray Allen, Deputy Administrator, Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Affairs, P.O. Box 7846, Madison, WI 53708-7846, tel. (608) 264-7950, e-mail
ray.allen@dfi.state.wi.us.
Analysis Prepared by the Dept. of Financial Institutions, Division of Corporate and Consumer Affairs
Statute interpreted
Statutory authority
66.0420(3)(f)4., 66.0420(13)(a) and 227.11(2), Stats.
Related statute or rule
None.
Explanation of agency authority
Summary of proposed rule
The objective of the rule is to create ch.
DFI-CCS 20. Pursuant to s.
66.0420 (13) (a), Stats., the department shall promulgate rules for determining whether an applicant is legally, financially, and technically qualified to provide video service, and may promulgate rules interpreting or establishing procedures for s.
66.0420, Stats. The purpose of this rule is to set forth certain matters regarding definitions, filings, fees and reports, certificates, maps, video franchise area descriptions, amendments to maps and video franchise area descriptions, qualifications, and proceedings and hearings.
Comparison with federal regulations
Comparable franchise application processes and proceedings are set forth in 47CFR76.
Comparison with rules in adjacent states
Illinois has enacted video franchise area legislation but no rules regarding this legislation.
Summary of factual data and analytical methodologies
The department reviewed the legislative findings of 66.0420, Stats., reviewed the video service franchise statutes and rules of other states that have adopted similar legislation, contacted video service franchise regulators in other states, and applied its own experience in regulation of financial industries generally.
Initial Regulatory Flexibility Analysis
The rule does not have a significant economic impact on small business. Mandates and proceedings addressed by the rule are the result of and set forth in
2007 Wisconsin Act 42 and ch.
227, subch. III, and not the rule. The rule largely addresses filing matters or requests information otherwise already prepared for other agencies.
Fiscal Estimate
The rule creates new appropriations, increases existing revenues, and increases costs that may not be possible to absorb within the agency's budget. The rule has an indeterminate effect on local government cost.
Notice of Hearing
Government Accountability Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting Subchapter
I of Chapter 5, Stats., the Government Accountability Board will hold a public hearing to consider adoption of an emergency rule to repeal sections Eth 3.01 and 3.04, and amend section ElBd 10.01, Wis. Adm. Code (Renumbered to ss. GAB 21.01, 21.04 and 20.01, effective 4-1-08). The rules relate to processing complaints with the former State Ethics Board and with the former State Elections Board.
Hearing Information
The hearing will be held:
June 2, 2008 Government Accountability Board
9:30 a.m. 17 West Main Street
Madison, Wisconsin
Submission of Written Comments
Written comments may be submitted to the Government Accountability Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
Agency Contact Person
George A. Dunst, Staff Counsel
Government Accountability Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone: (608) 266-0136
Analysis Prepared by the Government Accountability Board
Statutory authority
Statutes interpreted
Explanation of agency authority
This rule repeals rules sections Eth 3.01 and 3.04, and amends section ElBd 10.01, which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wisconsin Act 1. Those rules prescribe procedures related to processing complaints with the former State Ethics Board and with the former State Elections Board. Under
2007 Wisconsin Act 1, those agencies have merged to become the Government Accountability Board. The complaint procedure under ss. Eth 3.01 and 3.04 no longer applies to complaints filed with the Government Accountability Board under
2007 Wisconsin Act 1 and the complaint procedure under ElBd ch.
10 no longer applies to campaign finance complaints. The previous complaint procedure of the former Ethics Board, and the previous campaign finance complaint procedure of the Elections Board is inconsistent with the new Government Accountability Board complaint procedure, which is now provided by statute rather than administrative rule. Therefore, those rules need to be repealed.
Related statute or rule
Sections
11.60,
13.69, and
19.535, Stats., relating to the enforcement of the campaign finance, lobbying and ethics laws.
Plain language analysis
This rule repeals rules sections Eth 3.01 and 3.04, and amends section ElBd 10.01, (which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wis. Act 1), in anticipation of a future rule governing campaign finance, ethics and lobbying complaints under the new law enacted in
2007 Wis. Act 1.
Comparison with federal regulations
Considering that this rule repeals two existing former Ethics Board rules and effectively repeals a portion of a rule of the former Elections Board, comparison with existing federal regulations is inapposite. Federal law does enforce violations of campaign finance, lobbying and ethics laws at the federal level only.
Comparison with rules in adjacent states
The States of Illinois, Iowa, Michigan and Minnesota have not enacted legislation comparable to
2007 Wisconsin Act 1 and have not sought the repeal of enforcement provisions comparable to those included in this rule.
Given the purpose and tenor of this rule repealing administrative provisions, comparison with existing provisions of other states, as with a comparison to federal law, is inapposite.
Summary of factual data and analytical methodologies
Adoption of the rule was predicated on eliminating provisions of the former Ethics Board's and Elections Board's rules that were inconsistent with the provisions or intent of the new law merging those agencies into the new Government Accountability Board.
Analysis and supporting documents used to determine effect on small business
Preparation of an economic impact report is not required. The Government Accountability Board does not anticipate the repeal of the described provisions will have an economic impact.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Text of Proposed Rule
SECTION 1. Eth 3.01 and 3.04 are repealed.
SECTION 2. ElBd 10.01 is amended to read:
ElBd 10.01 Applicability. This chapter applies to complaints filed with the state elections board pursuant to ss.5.05(3), 5.06, 11.60(5) and
11.66 5.061, Stats., requesting the elections board to enforce the election and campaign finance laws and compliance with the Help America Vote Act. This chapter does not apply to complaints to challenge nomination papers or petitions which are filed under s.2.05 or 2.11.
Notice of Hearing
Workforce Development
Correction: On page 35 of the 4-30-08 Register, a hearing notice is incorrectly labeled
CR 08-029. The correct number is
CR 08-034.
