Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 630, 6/14/2008

Rule-Making Notices

Notice of Hearing

Commerce

Amusement Rides, Ch. Comm 34

CR 08-054

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and 101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter Comm 34 relating to amusement rides.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
June 30, 2008 Monday 1:00 p.m.	Conference Room 3B Thompson Commerce Building 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 [phone] or [phone] (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 July 9, 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 Jim Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.

Copies of Proposed Rules

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 [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact Person

James Quast, Program Manager, jim.quast@wisconsin. gov, [phone]

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Analysis Prepared by Department of Commerce

Statutes interpreted

Section 101.17, Stats.

Statutory authority

Sections 101.02 (1) and 101.17, Stats.

Explanation of agency authority

Under the authority of s. 101.17, Stats., the Department of Commerce has oversight of various mechanical devices and equipment, which includes amusement rides, in order to protect public safety. The Department fulfills this responsibility by promulgating the Amusement Ride Code, under chapter Comm 34.

Related statute or rule

Sections 101.19 and 101.12 (1), Stats.

Summary of proposed rules

Chapter Comm 34 establishes minimum standards for the design, construction, operation, maintenance and assembly of amusement rides. The amusement ride code has not been subject to an overall review and update since 2003. The proposed revisions primarily clarify existing rules. In some instances the proposed changes keep the rules consistent with each other and with other Commerce codes. The few significant changes include:

•   A department inspection prior to a permanent ride opening to the public for a ride which required plan review and approval. The owner of the ride is to notify the department at least 5 days prior to ride opening to the public to facilitate the department's inspection. [Comm 34.08 (1) and (2)]

•   The preparation of operating fact sheets by ride owners for operators and attendants and training for operators and attendants. [Comm 34.18 (1) (b) and Comm 34.31 (6)]

•   Passengers are to abide by posted height limitations for amusement ride carrying devices. [Comm 34.22 (6) (b)]

•   The elimination of the allowance for one operator to simultaneously operate two amusement rides.

Comparison with federal regulations

The US Consumer Product Safety Commission under the Consumer Product Safety Act has jurisdiction over portable amusement rides. The commission has not developed any specific standard for portable amusement rides. At times the commission has issued various safety bulletins regarding operation, repair, maintenance or set-up for specific rides.

There are no existing or proposed federal regulations that regulate design, construction, maintenance or operation of amusement rides.

Comparison with rules in adjacent states

Illinois, Iowa and Michigan regulate amusement rides on a state-wide basis. Similar to Wisconsin, the administrative codes of these states regulate the design, construction, assembly, maintenance, operation, permitting and inspection of amusement rides. The state codes are:

•   Illinois; Administrative Code Title 56, Chapter XII, Part 6000

•   Iowa; Chapter 61 Administration of Iowa Chapter 88A, Chapter 62Safety Rules for Amusement Rides, Amusement Devices, and Concession Booths, Chapter 88A Safety Inspection of Amusement Rides

•   Michigan; Carnival and Amusement Safety General Rules, R408.801 – 408.898

Minnesota's regulation of amusement rides focuses on liability insurance and inspections to be conducted by the insurance company or an independent inspection service provider.

Summary of factual data and analytical methodologies

In developing the proposed rules the department reviewed the current requirements of the chapter Comm 34. The department also reviewed the latest editions of various ASTM standards relating to the design and manufacture, testing, operation, maintenance, inspection, quality assurance, and terminology of amusement rides and devices. The ASTM standards reviewed were:

•   F 698-94 Standard Specification for Physical Information to be Provided for Amusement Rides and Devices

•   F 747-06 Standard Terminology Relating to Amusement Rides and Devices

•   F 770-06a Standard Practice for Ownership and Operation of Amusement Rides and Devices

•   F 846-92 Standard Guide for Testing Performance of Amusement Rides and Devices

•   F 853-05 Standard Practice for Maintenance Procedures for Amusement Rides and Devices

•   F 893-05a Standard Guide for Inspection of Amusement Rides and Devices

•   F 1193-06 Standard Practice for Quality Manufacture, and Construction of Amusement Rides and Devices

•   F 1305-94 Standard Guide for Classification of Amusement Ride and Device Related Injuries and Illnesses

•   F 1957-99 Standard Test Method for Composite Foam Hardness-Durometer Hardness

•   F 2007-07 Standard Practice for the Classification, Design, Manufacture and Operation of Concession Go-Karts and Facilities

•   F 2137-04 Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices

•   F 2291-06a Standard Practice for Design of Amusement Rides and Devices

•   F 2374-07a Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

•   F2460 -06 Standard Practice for Special Requirements for Bumper Boats

The review of the code and the ASTM standards included input from the Amusement Ride Code Council. A responsibility of council members is to bring forth concerns their respective organizations may have with the proposed rules, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in Safety and Building Division.)

Analysis and supporting documents used to determine effect on small business

The Amusement ride council's composition reflects a variety of organizations whose memberships include small businesses. The department utilizes advisory councils to gather information on potential impacts, including economic, in complying with both the technical and administrative requirements of its code.

In that most of the proposed revisions are for clarification, the department does not consider the rules to have an economic impact on small businesses. In addition the code council did not identify or convey any impacts to the department.

An economic impact report has not been required to be prepared.

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.

Initial Regulatory Flexibility Analysis

Types of small businesses that will be affected by the rules.

The rules will affect amusement ride owners and operators.

Reporting, bookkeeping and other procedures required for compliance with the rules.

Proposed revisions will require amusement ride owners to prepare operating fact sheets for ride operators and attendants. Owners are also to provide and document training for ride operators and attendants.

Types of professional skills necessary for compliance with the rules.

There are no new types of professional skills necessary for compliance with the rules.

Will rules have a significant economic impact on small businesses?

No.

Fiscal Estimate

Summary

The proposed revisions for ch. Comm 34 primarily clarify existing requirements. The rules will not impact the current department workload or resources. In that the proposed revisions are for clarification, the department does not believe rules create an economic impact for compliance by amusement ride owners or operators.

State fiscal effect

None.

Local fiscal effect

None.

Long-range fiscal implications

None are anticipated.

Notice of Hearing

Commerce

Wis. Commercial Building Code, Chs. Comm 60-66

Plumbing, Chs. Comm 81-87

CR 08-055

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 and 145.02, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 62 and 81 to 84, relating to the design, installation or construction, inspection and maintenance of plumbing.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
July 8, 2008 Tuesday 10:00 a.m.	Thompson Commerce Building Human Resources Conference Room (First Floor) 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 [phone] or [phone] (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 July 18, 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 Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rules

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 [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agent Contact Person

Lynita Docken, Program Manager, lynita.docken@ wisconsin.gov, [phone].

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.02 and 145.02, Stats.

Statutory authority

Sections 101.02 and 145.02, Stats.

Explanation of agency authority

Sections 101.02 and 145.02 Stats., grant the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the design, installation or construction, inspection and maintenance of plumbing. In accordance with s.145.13, Stats., the Department is also responsible for safeguarding the waters of the state.

Related statute or rule

Section 145.13, Stats.

Chapters Comm 60 to 66, Commercial Building Code.

Chapters 20 to 25, Uniform Dwelling Code.

Chapters 81 to 87, Uniform Plumbing Code.

Summary of proposed rules

The proposed revisions to Chapters Comm 81 to 84 clarify existing rules and bring the state Uniform Plumbing Code up to date with current technology and nationally recognized standards. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes.

The proposed change in Chapter Comm 62 would limit the use of waterless antiseptic cleansing provisions to facilities where waterless toilets or urinals are used.

The following is a summary of the major proposed changes to Chapters Comm 81 to 84:

a.   Allow the recycling of wastewater discharged from water closets and urinals. [Comm 82.34 (3) (a) 1.]

b.   Create code language to recognize alternate standards that have been used by the department. (e.g. Pressurized sewer systems and water treatment device sizing). [Comm 82.30 (11) (f) 2. and Comm 82.40, Table 82.40-3e]

c.   Expand the requirement for demand regeneration controls for water treatment devices to devices that discharge to municipal sewers. [Comm 82.40 (8) (j)]

d.   Use the term “manufactured home" in place of the term “mobile home" in numerous places as referenced in s.101.91 (2), Stats. [Comm 81.01 (152), (153), and (154) and Comm 82.51]

e.   Change the calculation of the load factor on drain piping so it reflects national model plumbing code requirements. [Comm 82.30 (3)]

f.   Modify the triggers for the installation of stack vents serving drain stacks from two to five or more branch intervals. [Comm 82.31 (4)(a) and 82.31 (5)]

g.   Expand and describe more fully the grease and oil treatment requirements for restaurants. [Comm 82.34 (5)]

h.   Modify the requirements for secondary roof drains so they more closely follow national standards. [Comm 82.36 (11)]

i.   Upgrade the requirements for water conserving fixtures to more closely correspond to national standards. [Comm 84.20 (3)(b)2.]

Comparison with federal regulations

There are several existing federal regulations that relate to the design, installation or construction, inspection and maintenance and repair of plumbing. Some of these regulations require compliance with the 2006 editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials.

An Internet-based search of the United States Code (USC) found the following existing federal rules that impact plumbing. The Wisconsin Uniform Plumbing Code reflects the requirements currently contained in these federal laws.

•   Assembly Bill No. 1953, Chapter 853 – The Lead Solder, Pipe and Flux Law expands Section 116875 of the Health and Safety Code as contained in USC Title 42, Chapter 6A, Subchapter XII, Part B, Section 300g-6 relating to lead plumbing to include any pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption. The law, which becomes effective January 1, 2010, passed both the Assembly and the Senate in 2006 and also revises the term “lead free."

•   USC Title 42, Chapter 6A, Subchapter XII, Part F, Section 300j-24 – Lead contamination in school drinking water outlines the testing protocol for lead contamination in drinking water from coolers and other sources at educational agencies, private nonprofit elementary or secondary schools and day care centers. The law became effective in 1999. Currently, legislation is being proposed that would amend this section of the Safe Drinking Water Act.

•   USC Title 33, Chapter 26, Subchapter IV, Section 1342 – National Pollutant Discharge Elimination System (NPDES) established Phase I of the storm water program in 1990. Nine years later, Phase II of the program was signed into law and requires smaller communities to develop and implement a comprehensive storm water management program.

An Internet-based search of the 2005 through 2008 issues of the Federal Register found a proposed rule about plumbing connections to manufactured homes published April 26, 2005 in Vol. 70, No. 79. Comments and an analysis have been received and the final rule will become effective October. 20, 2008. Several of the proposed requirements exceed the standards of the Wisconsin Uniform Plumbing Code. These include the requirement for a shutoff valve to be located beneath or adjacent to the home, a condition that the water heater be removed for air testing water systems and a requirement for the installation of a drain cleanout when pipe pitch is 1/8‶ per foot.

Comparison with rules in adjacent states

An Internet-based search of the four adjacent states found the following:

•   The Illinois Department of Public Health administers a state-written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.

•   The Iowa Department of Public Health administers the Iowa Uniform Plumbing Code that adopts the 2000 edition of the national UPC with amendments.

•   The Michigan Department of Consumer and Industry Services, Bureau of Construction Codes developed the 2003 Michigan Plumbing Code that became effective December 31, 2003. Based on the IPC, the code includes state amendments.

•   The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota Plumbing Code, a state written uniform code that was revised August 25, 2003.

Summary of factual data and analytical methodologies

The primary methodology for updating the Wisconsin Uniform Plumbing Code, chapters Comm 81 to 84 has been a review and assessment of the latest editions of the national technical standards that serve as the basis for Wisconsin code. Staff prepared a comprehensive comparison of the changes in the 2006 editions of the IPC and the national UPC to what currently is adopted in chapters Comm 81 to 84. The department's review and assessment process involved the participation of the Plumbing Advisory Code Council. The members of that Council represent the many stakeholders involved in the plumbing industry including designers, inspectors, labor and building contractors. (A listing of the Plumbing Advisory Code Council is provided at the end of this analysis.)

The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of plumbing.

Analysis and supporting documents used to determine effect on small business

The department used the Plumbing Advisory Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.

In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service that is available to all small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings.

Initial Regulatory Flexibility Analysis

Summary

The department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report is not required pursuant to s. 227.137, Stats.

Types of small businesses that will be affected by the rules.

The proposed rules will affect any business involved with the ownership, design, construction and installation, inspection, repair and maintenance of plumbing.

Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.

Types of professional skills necessary for compliance with the rules.

There are no additional professional skills necessary for compliance with the rules.

Will rules have a significant economic impact on small businesses?

No.

Fiscal Estimate

Summary

The Safety and Buildings Division is responsible for administering and enforcing rules relating to the design, installation or construction, inspection and maintenance of plumbing. The proposed rules consist of updates of chapters Comm 81 to 84, Wisconsin Uniform Plumbing Code, and chapter Comm 62, Wisconsin Commercial Building Code, including the incorporation by reference of the latest editions of many national standards related to plumbing products and methodologies. There are no new regulatory schemes contained in the proposed rule revisions that would significantly affect revenues, expenditures or the division's workloads.

The proposed rules will not have a fiscal effect on other state agencies or local governments.

The proposed rules will not increase the effect from what the current rules impose on small businesses that own or are involved in the design, installation or construction, inspection and maintenance of plumbing.

State fiscal effect

None.

Local fiscal effect

None.

Long-range fiscal implications

None are anticipated.

Notice of Hearing

Commerce

Public Swimming Pools and Water Attractions,
Ch. Comm 90

CR 08-056

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 and 145.26, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter Comm 90 relating to the design and construction of public swimming pools and water attractions.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
July 8, 2008 Tuesday 1:00 p.m.	Thompson Commerce Building Human Resources Conference Room (First Floor) 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 [phone] or [phone] (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 July 18, 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 Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rules

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 [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Agency Contact Person

Lynita Docken, Program Manager, lynita.docken@ wisconsin.gov, [phone].

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.02 and 145.26, Stats.

Statutory authority

Sections 101.02 and 145.26, Stats.

Explanation of agency authority

Under the authority of ss. 101.02 and 145.26, Stats., the Department of Commerce has the authority to promulgate rules to protect the health, safety and welfare of the public by establishing reasonable and effective safety standards for the design, construction, alteration or reconstruction of public swimming pools, water attractions and associated equipment.

Related statute or rule

Chapter HFS 172, Safety, Maintenance and Operation of Public Pools and Water Attractions.

Chapters Comm 60 to 66, Wisconsin Commercial Building Code.

Chapters Comm 81 to 87, Wisconsin Uniform Plumbing Code.

Summary of proposed rules

The primary revisions to chapter Comm 90 reflect the most current edition of the American National Standards Institute/International Aquatics Foundation (ANSI/IAF) requirements for public swimming pools and aquatic recreation facilities. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The public swimming pool portion of chapter Comm 90 has not been significantly revised since 1994 when the public swimming pool program was transferred to the Department of Commerce from the Department of Health and Family Services. The proposed code requirements include updates that reflect current technology and options for the design and installation of public swimming pools and water attractions. The proposed revision of chapter Comm 90 also combines the public swimming pools and water attractions sections of the present code.

The following is a summary of the major rule changes to this chapter:

a.   Creates uniformity between the regulations for public swimming pools and water attractions.

b.   Provides more consistency between Wisconsin's code and the national standards (ANSI/IAF–1, 2 and 9).

c.   Provides clearer code language to eliminate the need for web interpretations on various issues (for example, vanishing edge pools).

d.   Delineates requirements for entries and exits serving public swimming pools and water attractions.

e.   Creates requirements and allowances for swimouts and underwater seats and benches.

f.   Expands the requirement for automatic chemical controllers to public swimming pools. Current code requires controllers for water attractions.

g.   Defines the enclosing building to be an acceptable barrier for indoor public swimming pools or water attractions.

Comparison with federal regulations

In December 2007, the United States Congress and President George Bush signed the Virginia Graeme Baker Pool and Spa Safety Act into law. This new federal law requires safety improvements in public pools and spas including the inspection and replacement of all drain covers with anti-entrapment devices or systems. Such devices or systems are expected to reduce injury due to the suction effects around drain outlets. The proposed revisions to Chapter Comm 90 are intended to reflect the public pool and water attractions requirements of the Pool and Spa Safety Act Section 1404.

An Internet search was conducted to review and compare any federal rules or proposed federal rules for “water attractions," “water parks," “water recreation facilities" and “public swimming pools." No federal rule or proposed rule was found that addresses public swimming pools, water parks, in-pool water attractions or play devices.

An Internet search to review and compare any federal rules or proposed federal rules for “pool slides" resulted in the finding of 16CFR, Part 1207, Consumer Product Safety Commission Standards for swimming pool slides (revised January 2008). It was found that 75 percent of pool slides are installed in residential pools and not within the scope of this proposal. No federal rule or proposed rule was found that addresses the manufacture, construction or installation of waterslides as they exist in today's water parks.

An Internet search to review and compare any federal rules or proposed federal rules for accessibility guidelines for persons with disabilities resulted in the finding of 36CFR, Part 1191, Architectural and Transportation Barriers Compliance Board's final rule on accessibility guidelines for recreational facilities for persons with disabilities (Federal Register, Vol. 67, No. 170, February 3, 2002). The guidelines ensure that newly constructed and altered recreation facilities including public swimming pools and spas meet the requirements of the Americans with Disabilities Act (ADA). In addition, the Architectural and Transportation Barriers Compliance Board provided significant input to the ANSI/IAF–1 Public Pool Standard Committee and worked to ensure consistency between the ANSI/IAF–1 standard and the ADA accessibility guidelines. The proposed changes to Chapter Comm 90 references Vol. 67, No. 170, of the Federal Register, plus they are based on the ANSI/IAF–1 standard.

Comparison with rules in adjacent states

A comparison of the four adjacent states found that all had regulations for public swimming pools and require pool plan approval before construction. This proposal also relates to water attractions (waterslides, splash pads, activity pools, etc.) and Wisconsin's neighboring states have various mechanisms for addressing new technology and imaginative designs.

The following information was ascertained during an Internet-based search of adjacent states:

a.   The Illinois Department of Public Health provides for the inspection and licensing of all public swimming pools, spas, waterslides, wading pools, and bathing beaches. Effective February 2003, the Department reviews all plans and specifications before construction can begin.

b.   The Iowa Department of Public Health, Division of Environmental Health oversees the design, construction and reconstruction of public swimming pools. It issues permits and certifies that the plans for swimming pools, spas, wading pools, waterslides, wave pools, and spray pads comply with rules and statutes that were revised May 2005.

c.   The Minnesota Department of Health provides plan review and construction inspection for all public pools within the state. The requirements include the design, construction, installation and alteration of a public pool including individual approval where the designer must prove a design's compliance with the intent of the code. The Department also is responsible for issuing permits.

d.   The Water Bureau, Drinking Water and Environmental Health Section of the Michigan Department of Environmental Quality is responsible for issuing construction permits for public swimming pools (including spas, leisure pools, activity pools, water slide pools, and lazy rivers). The Department also requires a permit for the modification of any existing public swimming pool.

Summary of factual data and analytical methodologies

The primary methodology for updating the Wisconsin Administrative Code, chapter Comm 90 has been a review and assessment of the latest edition of the national technical standards for the design and construction of public swimming pools and water attractions. Staff prepared a comprehensive comparison of what is currently adopted under Comm 90 to the latest edition of the ANSI/IAF–1 Public Swimming Pools standard.

The Department's review and assessment process involved the participation of the Pool Advisory Code Council. The members of that Council represent many stakeholders involved in the pool and water attractions industry, including designers, manufacturers, inspectors, contractors and operators of public swimming pools. (A listing of the Pool Advisory Code Council is provided at the end of this analysis.)

The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of public swimming pools, water attractions and associated equipment. The ANSI/IAF use a process open to all parties in the development of its standards. More information on the development of these standards may be obtained from the ANSI web site at: www.ansi.org.

Analysis and supporting documents used to determine effect on small business

The Department used the Pool Advisory Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.

In addition to posting rule development and council activities on the Department's web site, the Department offers an Email subscription service that is available to small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.

It is anticipated this requirement will not have a significant impact on small businesses owning, designing, building, altering, or remodeling public swimming pools, water attractions and associated equipment.

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.

Initial Regulatory Flexibility Analysis

Summary

The Department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s. 227.137, Stats.

Types of small businesses that will be affected by the rules.

The proposed rules will affect any business that owns or is involved with the design, construction, installation, repair, alteration, and reconstruction of public swimming pools, water attractions, and associated equipment.

Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.

Types of professional skills necessary for compliance with the rules.

There are no additional professional skills necessary for compliance with the rules.

Will rules have a significant economic impact on small businesses?

No.

Fiscal Estimate

Summary

The Safety and Buildings Division is responsible for administering and enforcing rules relating to the design, construction, alteration or reconstruction of public swimming pools, water attractions and associated equipment. The proposed rules are based upon the latest edition of the American National Standards Institute/International Aquatics Foundation (ANSI/IAF) requirements for aquatic recreation facilities (swimming pools and water attractions) and clarify existing technical requirements. The division does not anticipate that the proposed rules will increase its workload and the workload can be accommodated with current resources.

The proposed rules will not have a fiscal effect on other state agencies or local governments.

The proposed rules will not increase the effect from what the current rules impose on small businesses that own or are involved in the design, construction, alteration or reconstruction of public swimming pools and water attractions.

State fiscal effect

None.

Local fiscal effect

None.

Long-range fiscal implications

None are anticipated.

Notice of Hearing

Insurance

CR 08-053

NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s. 601.41 (3), Stats., and the procedures set forth in under s. 227.18, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of a rulemaking order affecting sections Ins 50.01, 50.05, 50.08, 50.10, 50.11, 50.12, 50.13, 50.14, 50.15, 50.16, 50.17, 50.18, Wis. Adm. Code, relating to audit, control and financial reporting requirements.

Hearing Information

Date:   July 8, 2008

Time:   10:00 a.m.,
  or as soon thereafter as the matter may be reached

Place:   Office of the Commissioner of Insurance
  Room 227, 125 South Webster St 2nd Floor
  Madison, WI

Submission of Written Comments

Written comments can be mailed to:

James W. Harris

Legal Unit - OCI Rule Comment for Rule Ins 5000

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Written comments can be hand delivered to:

James W. Harris

Legal Unit - OCI Rule Comment for Rule Ins 5000

Office of the Commissioner of Insurance

125 South Webster St – 2nd Floor

Madison WI 53703-3474

Comments can be emailed to:

James W. Harris

[e-mail]

Comments submitted through the Wisconsin Admin. Rule Web site at: http://adminrules.wisconsin.gov on the proposed rule will be considered.

The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in this Notice of Hearing.

Copies of Proposed Rule and Agency Contact Person

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

Small Business Regulatory Coordinator

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

Analysis Prepared by the Office of the Commissioner of Insurance

Statutes interpreted

Sections 600.01, 601.41 (3), 601.42 and 623.02, Stats.

Statutory authority

Sections 600.01 (2), 601.41 (3), 601.42 and ch. 623, Stats.

Explanation of agency authority

OCI has set standards for accounting practices related to the preparation and submission of annual audited financial reports, annual financial statements and examinations required of insurers doing business in Wisconsin.

Related statutes or rules

Sections 600.01, 601.41 (3), 601.42 and 623.02, Stats.

Plain language summary

The provisions of subch. I of ch. 50, Wis. Adm. Code establish the requirement to file an annual audited financial report (CPA audit) and the related standards including applicability, auditor qualification requirements and the auditor duty to report adverse financial conditions. The proposed rule updates and adds certain general requirements including those related to auditor independence, the scope of the audit and report, communication of internal control matters noted in the audit, an audit committee, and management's report of internal control over financial reporting. With respect to auditor independence the proposed rule provides that the lead auditor may not serve in that capacity for a period more than five years. The rule specifies various non-audit services that, if performed by the auditor, would impair the auditor's independence in relation to the insurer. Insurers with less than $100 million in direct and assumed premium may request a waiver from the requirement based upon financial or organizational hardship. Partners and senior managers of the audit engagement may not serve as a member of the board of directors, or officer, or controller, or similar position of the insurer if employed by the independent accounting firm that audited the insurer during the one-year period which preceded the most current statutory opinion. With respect to corporate responsibility the proposed rule provides that every insurer required to file an annual audited financial report shall also be required to have an audit committee that is directly responsible for the appointment, oversight and compensation of the auditor. Insurers with less than $ 500 million in direct and assumed premium may apply for a waiver from this requirement based on hardship. With respect to internal control by an insurer over financial reporting the proposed rule requires that management of insurers with more than $ 500 million in direct and assumed premium file a report with the Commissioner regarding its assessment of internal control over financial reporting, including a statement whether the controls are effective to provide reasonable assurance regarding the reliability of the statutory financial statements and disclosure of any unremediated material weaknesses in internal control over financial reporting.

Comparison with federal regulations

There are no federal regulations which address annual financial reports, annual financial statements and examinations to be prepared by insurers doing business in Wisconsin. Certain insurers, however are SEC registrants, and are subject to audit committee independence and preapproval requirements of the Securities and Exchange Act of 1934, management reports on internal control over financial reporting requirements of Section 404 of the Sarbanes-Oxley Act of 2002, and SEC regulations promulgated thereunder.

Comparison of rules in adjacent states

Illinois: Il. Adm. Code Title 50, Part 925, Section 925.70, requires annual audited financial reports from insurers doing business in the state that are prepared by a qualified independent certified public accountant. The state has indicated to the NAIC that consideration of the Model audit regulation will be considered in the fall of 2008.

Iowa: Iowa Adm. Code 191-5.25, requires annual audited financial reports from insurers doing business in the state that are prepared by a qualified independent certified public accountant. The state has indicated to the NAIC that it has initiated the process for consideration of the Model audit regulation through prehearing exposure to be followed by submission to its rules committee in late 2008.

Michigan: Mich. Comp. Laws, Ch. 500, requires annual audited financial reports from insurers authorized to do business in the state that are prepared by an independent certified public accountant. The state has indicated to the NAIC that there is legislation pending to modify its s. 10 concerning audit reports.

Minnesota: Minn. Stat. Ch. 60A.129, Subd. 3, requires annual audited financial reports from insurers doing business in the state that are prepared by an independent certified public accountant. The state has indicated to the NAIC that consideration of the Model audit regulation is contemplated in 2009.

Summary of factual data and analytical methodologies

The proposed rule is based upon a model regulation adopted by the National Association of Insurance Commissioners (NAIC) at the June, 2006, national meeting. The proposed rule is under consideration as it has been recommended by the NAIC, will increase the ability of management and regulators to monitor financial status, and will provide control documentation contemplated in the enhanced financial surveillance procedures adopted by the NAIC and required as an accreditation standard for statutory examinations conducted after January 1, 2010.

Analysis and supporting documentation used to determine effect on small businesses

The proposed rule establishes direct and assumed premium thresholds and waiver provisions that minimize the effect upon smaller insurers.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses and will have little or no effect on small businesses.

Fiscal Estimate

Effect on private sector

This rule change may have a significant financial effect on a small number of companies in the private sector regulated by OCI. Costs associated with implementing the provisions of the proposed rule, other than those related to enhanced documentation of internal controls over financial reporting will not be significant. Provisions related to enhanced documentation of internal controls over financial reporting apply only to insurers with more than $ 500 million in direct and assumed premium, and a majority of these insurers have developed the systems and procedures necessary to achieve compliance voluntarily or as a result of their status as SEC registrants.

State fiscal effect

None.

Local fiscal effect

None.

Long-range fiscal implications

None.

Notice of Hearing

Physical Therapists Affiliated
Credentialing Board

CR 08-049

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Physical Therapists Affiliated Credentialing Board in ss. 15.085 (5) (b), 227.11 (2), 448.53 (2) and 448.55 (3), Stats., and interpreting ss. 448.535 (2) and 448.55 (3), Stats, the Physical Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order revising sections PT 2.04, 3.01 and 9.02 to 9.04, relating to examination waivers, temporary licenses and continuing education.

Hearing Information

Date:   July 10, 2008

Time:   9:15 A.M.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)

  Room 121A

  Madison, Wisconsin

Submission of Written Comments

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 be submitted in writing without a personal appearance by mail addressed to 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, email at [e-mail]. Comments must be received on or before July 14, 2008, to be included in the record of rule-making proceedings.

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; telephone [phone]; email at pamela.haack@ drl.state.wi.us.

Analysis Prepared by the Department of Regulation and Licensing.

Statutes interpreted

Sections 448.535 (2) and 448.55 (3), Stats.

Statutory authority

Sections 15.085 (5) (b), 227.11 (2), 448.53 (2) and 448.55 (3), Stats.

Explanation of agency authority

The Physical Therapists Affiliated Credentialing Board has the authority to promulgate rules under ss. 448.53 (2) and 448.55 (3), Stats.

Related statute or rule

Sections 448.53 (2) and 448.55 (3), Stats.

Plain language analysis

The proposed changes to the physical therapy rules are intended to address three separate items. To begin with, the board is repealing s. PT 2.04. That section contained a waiver provision for applicants, provided they applied prior to April 1, 2004. Because the deadline to apply for an examination waiver under that provision has expired and is therefore not applicable, the board is eliminating it. In addition, the board is extending the potential duration of a temporary license. Currently, a temporary license is only valid for three months. This proposal would allow the board to extend a temporary license twice, each for three month intervals, provided the licensee could demonstrate hardship. However, licensees would only be permitted to practice under a temporary license for nine months. The board had encountered several applicants who, for various reasons, were unable to take the examination during the required three month timeframe and thus believed that offering these extensions would accommodate those difficulties. Finally, the board has streamlined its continuing education provisions in an effort to eliminate any confusion surrounding how to calculate the required number of hours and how to determine what programs are acceptable. A new table better defines the various categories as well as the number of contact hours each may receive.

SECTION 1 repeals s. PT 2.04 since the deadline to apply for an examination waiver under that provision has expired. Section PT 2.04 applied to applicants who were eligible for an examination waiver prior to April 1, 2004.

SECTION 2 amends s. PT 3.01 (5) to allow the board the ability to extend a temporary license for reasons of hardship. Two, three-month extensions would be permitted. Licensees would only be permitted to practice under a temporary license for nine months.

SECTION 3 repeals the definition of continuing education unit (“CEU") found in s. PT 9.02 (1) and replaces it with the term “contact hour." Contact hour is defined as not less than 50 minutes that a licensee actually spends attending an acceptable continuing education program. This term is used throughout the section that addresses continuing education requirements.

SECTION 4 repeals the definition of “hour of continuing education" found in s. PT 9.02 (3). That term is replaced with “contact hour" as found in SECTION 3.

SECTION 5 amends s. PT 9.02 (1) and (2) by adding the requirement for both physical therapists and physical therapist assistants that four hours of their required continuing education be in the area of ethics and jurisprudence. Previously, this requirement had been included in s. PT 9.04 (2) (c).

SECTION 6 renumbers s. PT 9.04 (2) (intro.) and further amends it by referring readers of the rule to a newly numbered table that identifies various categories of continuing education.

SECTION 7 repeals s. PT 9.04 (2) (a) to (c) which referenced the old continuing education table. The table has been modified and is renumbered under this proposal. This section also identified the number of required continuing education hours for both physical therapists and physical therapist assistants. That information is now included under s. PT 9.02 (1) and (2) and found in SECTION 5.

SECTION 8 repeals Table PT 9.04 – 1 and Table PT 9.04 – 2. A new table has instead been created. It identifies various categories of continuing education and the number of contact hours each one is eligible to receive for each category.

SECTION 9 creates Table PT 9.04. The new table modifies a few of the continuing education categories and identifies the number of contact hour limits each category is entitled to receive.

Comparison with federal regulations

There is no existing or proposed federal regulation.

Comparison with rules in adjacent states

Minnesota: Twenty hours of continuing education are required every two years. No ethics or jurisprudence credits are required. Minnesota grants temporary permits to physical therapists (different for new graduates, physical therapists licensed in another state, and foreign educated physical therapists), but does not allow for extensions. Contact hour is defined as an instructional session of 60 minutes, excluding coffee breaks, registration, meals with or without speaker, and other social activities. Three categories of activity are defined and are based upon specified credit standards.

Illinois: Temporary practice is allowed for six months by a person in Illinois to assist in the case of medical emergency or to engage in a special physical therapy project, and who meets the qualifications for a physical therapy project and is licensed as a physical therapist in another state.

Following notification of eligibility for examination, an applicant who fails to take the examination for a license within sixty days of the notification shall forfeit his or her fee and his or her right to practice as a physical therapist or physical therapist assistant until such time as the applicant has passed the appropriate examination. Any applicant failing the examination three times in any jurisdiction will not be allowed to sit for another examination until the applicant has presented satisfactory evidence to the board of appropriate remedial work as set forth in the rules and regulations. If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license or otherwise fails to complete the application process within three years after filing the application, the application shall be denied. However, such applicant may make a new application for examination accompanied by the required fee, and must furnish proof of meeting qualifications for examination in effect at the time of new application. One continuing education hour equals 50 minutes. Credit conversions are spelled out in the rule.

Iowa: Forty hours of continuing education are required per biennium. One hour of continuing education equals fifty minutes. Six months of supervised practice is allowed after the receipt of an application by examination. Three months of supervised practice is allowed after the receipt of an application by endorsement. Continuing education conversions are spelled out in the rule.

Michigan: Michigan does not have continuing education requirements or temporary permits. The practice of physical therapy may only be conducted by prescription of a licensed physical therapist.

Summary of factual data and analytical methodologies

The board conducted an extensive review of its rules with its legal counsel after identifying the need to clarify portions of the rule. Continuing education providers were consulted. Most of the discussion centered on the conversion of credits for Class I and Class II Activities. The rule was revised as deemed necessary.

Analysis and supporting documents used to determine effect on small business

The effect on small business is no different from the original rule.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Initial Regulatory Flexibility Analysis

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling 608-266-8608.

Fiscal Estimate

Summary

The department estimates that this rule will require staff time in the Division of Professional Credentialing and Office of Legal Counsel. The one-time salary and fringe costs in the Division of Professional Credentialing and Office of Legal Counsel are estimated at $1,200.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Text of Proposed Rule

SECTION 1. PT 2.04 is repealed.

SECTION 2. PT 3.01 (5) is amended to read:

PT 3.01 (5) The duration of a temporary license to practice physical therapy under supervision granted under this section shall be for a period of 3 months or until the holder receives failing examination results, whichever is shorter, unless the board grants an extension of the temporary license. A temporary license may be renewed for a period of 3 months, and may be renewed a second time for a period of 3 months for reasons of hardship. Practice under a temporary license may not exceed 9 months total duration.

SECTION 3. PT 9.02 (1) is repealed and recreated to read:

PT 9.02 (1) “Contact hour" means not less than 50 minutes a licensee spends in actual attendance at or completion of acceptable continuing education.

SECTION 4. PT 9.02 (3) is repealed.

SECTION 5. PT 9.03 (1) and (2) are amended to read:

PT 9.03 Continuing education requirements. (1) Unless granted a postponement or waiver under sub. (8), every physical therapist shall complete at least 30 hours of board-approved continuing education in each biennial registration period, as specified in s. 448.55 (3), Stats. Four of the required 30 hours shall be in the area of ethics and jurisprudence.

(2) Unless granted a postponement or waiver under sub. (8), every physical therapist assistant shall complete at least 20 hours of board-approved continuing education in each biennial registration period, as specified in s. 448.55 (3), Stats. Four of the required 20 hours shall be in the area of ethics and jurisprudence.

SECTION 6. PT 9.04 (2) (intro.) is renumbered PT 9.04 (2) and is amended to read:

PT 9.04 (2) Both class I and class II The continuing education activities described in tables PT 9.04 – 1 and PT 9.04 – 2 table PT 9.04 qualify for continuing education hours, except as follows:.

SECTION 7. PT 9.04 (2) (a) to (c) are repealed.

SECTION 8. Table PT 9.04 – 1 and Table PT 9.04 – 2 are repealed.

SECTION 9. Table PT 9.04 is created to read:

Table PT 9.04

ACTIVITY	CONTACT HOUR LIMITS
(a) Successful completion of relevant academic coursework.	No limit. [10 contact hours = one semester credit; 6.6 contact hours = quarter credit]
(b) Attendance at seminars, workshops, lectures, symposia, and professional conferences which are sponsored or approved by acceptable health-related or other organizations including, but not limited to, the American Physical Therapy Association or the Wisconsin Physical Therapy Association.	No limit.
(c) Successful completion of a self-study course or courses offered via electronic or other means which are sponsored or approved by acceptable health-related or other organizations including, but not limited to, the American Physical Therapy Association or the Wisconsin Physical Therapy Association.	No limit.
(d) Earning a clinical specialization from the American Board of Physical Therapy Specialties or other recognized clinical specialization certifying organizations.	Up to 12 contact hours for initial certification or for recertification.
(e) Authorship of a book about physical therapy or a related professional area.	Up to 12 contact hours for each book.
(f) Authorship of one or more chapters of a book about physical therapy or a related professional area.	Up to 6 contact hours for each chapter.
(g) Authorship of a presented scientific poster, scientific platform presentation, or published article.	Up to 6 contact hours for each poster, platform presentation or refereed article.
(h) Presenting seminars, continuing education courses, workshops, lectures or symposia which have been approved by recognized health-related organizations including, but not limited to, the American Physical Therapy Association or the Wisconsin Physical Therapy Association. Note: No additional hours are given for subsequent presentations of the same content. Substantive course revisions may be counted but are limited to the extent of the revision.	No limit.
(i) Teaching in an academic course in physical therapy as a guest lecturer. Note: No additional hours are given for subsequent presentations of the same content. Substantive course revisions may be counted but are limited to the extent of the revision.	No limit. [10 contact hours = one semester credit; 6.6 contact hours = one quarter credit]
(j) Teaching in an academic course in physical therapy. Note: No additional hours are given for subsequent presentations of the same content. Substantive course revisions may be counted but are not limited to the extent of the revision.	No limit. [10 contact hours = one semester credit; 6.6. contact hours = one quarter credit]
(k) Successful completion in a clinical residency program credentialed by the American Physical Therapy Association or other recognized credentialing organization.	No limit.
(l) Attending employer provided continuing education, including video and non-interactive on-line courses.	Up to 15 contact hours for physical therapists. Up to 10 contact hours for physical therapist assistants.
(m) Authoring an article in a non-refereed publication.	Up to 5 contact hours.
(n) Developing alternative media materials, including computer software, programs, and video instructional material.	1 contact hour per product. Up to 5 contact hours.
(o) Serving as a clinical instructor for internships with an accredited physical therapist or physical therapist assistant educational program.	Up to 15 contact hours for physical therapists. Up to 10 contact hours for physical therapist assistants.
(p) Serving as a supervisor for students fulfilling clinical observation requirements.	1 contact hour per contact hour with students, up to 5 contact hours.
(q) Participating in a physical therapy study group of 2 or more physical therapist or physical therapist assistants or in an interdisciplinary study group of members of at least 2 disciplines meeting on a topic relevant to the participants' work.	Up to 2 contact hours per study group.
(r) Participating as a resident or as a mentor in a formal nonacademic mentorship.	1 contact hour per each 8 contact hours for both the resident and mentor, up to 5 contact hours.
(s) Attending a scientific poster session, lecture panel, or a symposium.	Up to 2 contact hours.
(t) Serving as a delegate to the American Physical Therapy Association House of Delegates, on a professional committee, board, or task force.	Up to 5 contact hours.

Notice of Hearing

Public Instruction

CR 08-052

NOTICE IS HEREBY GIVEN That pursuant to ss. 115.88 (1m) (b) and 227.11 (2) (a), Stats., and interpreting s. 115.88 (1m) (b), Stats., the Department of Public Instruction will hold a public hearing to consider emergency and proposed permanent rules, revising Chapter PI 30, relating to state special education aid for certain pupil services personnel.

Hearing Information

July 14, 2008     Madison

3:00 - 4:30 p.m.   GEF 3 Building

    125 South Webster St.

    Room 041

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Stephanie Petska, Director, Special Education at [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Proposed Rule

The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to [e-mail] or by writing to:

Lori Slauson, Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Submission of Written Comments

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than July 17, 2008, will be given the same consideration as testimony presented at the hearing.

Agency Contact Person

Stephanie Petska, Director, Special Education, [e-mail], [phone].

Analysis Prepared by the Dept. of Public Instruction

Statute interpreted

Section 115.88 (1m) (b), Stats.

Statutory authority

Section 115.88 (1m) (b), Stats.

Explanation of agency authority

Section 115.88 (1m) (b), Stats., directs the department to promulgate rules establishing the percentage of the salaries of licensed school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that are eligible for state aid reimbursement.

The proposed rules specify these determinations.

Related statute or rule

Section 115.88 (1m), Stats.

Plain language analysis

Currently, the salaries and benefits of school nurses, social workers, psychologists, and counselors who work with special education are among the costs eligible for reimbursement through special education aid. Districts have been required to report full-time equivalency for the identified positions to determine reimbursement.

2007 Wisconsin Act 221 gives the department the authority to determine the percentage of work time that each of the personnel categories spends providing services to children with disabilities and promulgate rules establishing the percentage of the salaries that these personnel categories may be certified as costs eligible for reimbursement. As required by the Act, the department has established the average percentage of work time that each category spends providing services to children with disabilities by reviewing past data collected from eligible entities. In doing so, the department has determined that the percentage of the salaries that may be certified as costs eligible for reimbursement are as follows:

School nurses; 29 percent.

School social workers; 59 percent.

School psychologists; 84 percent.

School counselors; 10 percent.

If funds are insufficient, the reimbursement shall be prorated.

The rules specify these salary reimbursement percentages for pupil services personnel and should reduce the workload involved by eligible entities by no longer requiring detailed full-time equivalency information to be reported for reimbursement.

The rule first applies to state aid distributed in the 2008-09 school year. Emergency rules were promulgated by the department effective May 30, 2008, in order to establish instructions this spring as to how school districts are to account for these pupil services staff on special education claim forms.

Comparison with federal regulations

None

Comparison with rules in adjacent states

Illinois, Iowa, Michigan and Minnesota do not have administrative rules relating to the payment of salaries of licensed school nurses, social workers, psychologists, and counselors.

Summary of factual data and analytical methodologies

In the 2005-07 biennial budget, DPI requested and the Legislature and Governor approved adding licensed school nurses and licensed school guidance counselors as eligible categories for cost reimbursement under special education categorical aid. At that time it had come to DPI's attention that several school districts had hired a school psychologist rather than a school counselor simply because the psychologist was eligible for partial reimbursement by special education categorical aid whereas the counselor was not. Further, students with disabilities were receiving services from school nurses, contributing to the high cost of special education, but such services were not reimbursable with categorical aid. Adding the school nurses and school guidance counselors was proposed to help ensure special education categorical aid was not being abused.

Prior to 1999, the state statute regarding special education categorical aid provided that school psychologists' and school social workers' eligible costs would be reimbursed at 51%, and special education teachers and other staff at 63%. This difference reflected the fact that teachers were spending their entire FTE instructing students with disabilities. Pupil services staff were generally serving all students, including students with disabilities. In 1999, the Governor removed the percentages because the state had not reimbursed at these rates since 1985. Since the percentages were removed, DPI staff considered whether to: (1) use the same rate of reimbursement for all positions, (2) require districts to report FTE for the identified positions to determine reimbursement, or (3) determine a standardized reimbursement rate for each profession. The second alternative, requiring districts to report FTE, was selected. Since that time, however, districts' reports of eligible special education costs have been quite varied. In fact, there is significant concern that some districts are submitting inaccurate claims. Due to this concern, DPI staff and some school districts are far from satisfied regarding the current practices of reporting eligible costs.

Under 2007 Wisconsin Act 221, DPI would establish an “eligible costs" rate that is standard for each profession (the third alternative that was considered in 1999) (x% of nurses' salary and fringe are eligible, y% of counselors' salary and fringe are eligible, z% of social workers' salary and fringe are eligible, etc.) instead of having districts report actual FTE for each professional. Reviews of the Fall Staffing Report and Special Education Aid claims indicate that the rates vary significantly among professions. For some professions, rates may vary significantly within professions. DPI would, therefore, use average percentage of work times.

The Wisconsin Council of Administrators of Special Services (WCASS), and the other members of the School Administrators Alliance (SAA) supported the Act via 2007 Assembly Bill 906. Those include WASDA, AWSA and WASBO.

Under the new law and proposed rule, implementing this reimbursement will become easier for school districts and other eligible entities. Eligible entities will simply report the number of eligible pupil services personnel to receive reimbursement (based on the percentage determined by the department by rule) rather than report the full-time equivalency of each eligible pupil services personnel position.

Note: Current claims are prorated at 28%, and without a substantial increase in the special education categorical aid appropriation, such prorating will continue.

Analysis and supporting documents used to determine effect on small business

N/A

Initial Regulatory Flexibility Analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Fiscal Estimate

Summary

Currently, the salaries of school nurses, school social workers, school psychologists, and school counselors employed for a special education program are among the costs that are eligible to be reimbursed by the state through special education aid. If the amount appropriated for such aid is insufficient to fully reimburse the costs, the amount paid is prorated.

This rule specifies the average percentage of work time that each of the personnel categories specified above spends providing services to children with disabilities, and provides that the percentage of the salaries of personnel in that category is the cost eligible for reimbursement from the state.

State fiscal effect

There will be no overall fiscal effect for the department. The rules will not change the amount of special education categorical aid. It could simply change the distribution of the aid to school districts.

Local fiscal effect

The rules could have an effect on school districts. Since districts are currently reporting the percentage of time that each professional is working with students with disabilities, once specific percentages of each profession are in administrative rules, districts could gain or lose special education categorical aid. For example, a district that has been reporting their school psychologist as working 100% time with students with disabilities could lose aid as the rule only allows for 84% reimbursement. On the other hand, a district that has been reporting their school psychologist as working 25% time with students with disabilities could gain aid.

Private sector fiscal effect

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Notice of Hearing

Transportation

CR 08-048

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1), 227.11 (2) (a) and 348.25 (3) and (8) (e), Stats., interpreting s. 348.25 (8) (e), Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter Trans 250, Wis. Adm. Code, relating to internet and telephone call-in fees.

Hearing Information

Date and Time:	Location:
July 9, 2008 11:00 a.m.	Hill Farms State Transportation Bldg., Room 144-B 4802 Sheboygan Avenue Madison

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available.

Submission of Written Comments and Agency Contact Person

The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at [phone] or e-mail: [e-mail].

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Analysis Prepared by the Department of Transportation

Statutes interpreted

Section 348.25 (8) (e), Stats.

Statutory authority

Sections 85.16 (1), 227.11 (2) (a) and 348.25 (3) and (8) (e), Stats.

Explanation of agency authority

The Department is authorized by s. 348.25 (8) (e), Stats., to administer issuance of permits for overweight and over-sized transport, including charging a fee for issuance by internet and telephone call-in.

Related statute or rule

Sections 348.25, 348.26 and 348.27, Stats., and ch. Trans 250.

Plain language analysis

Section Trans 250.04 establishes the fee for obtaining an oversize and/or overweight routing permit or permit amendment that is applied for or issued by Internet or telephone call-in procedures. 2003 Wis. Act 33, Section 2604, amended s. 348.25(8)(e), Stats., to provide that the amount of the fee is to be established by the Department by rule, and shall approximate the cost to the Department for providing this service. The current $5 fee was based on the Department's cost to provide telephone and internet service in 2003. Recently, the Department has determined that the current actual cost per transaction is about $1.49, but that is subject to change in the future as the Department's annual cost assessment indicates.

This rule making amends s. Trans 250.04 to establish that the Department shall determine the fee annually to approximate the cost to the Department for providing the transaction, not to exceed $5 per transaction. In determining the fee per transaction for the current year, the Department shall review, from the previous year, the total cost of the service, the number of transactions, and other material factors. The current fee shall be published on the Department's internet web site and in communication materials distributed to eligible motor carriers. This approach is modeled on ch. Trans 196 language that was promulgated in 2005 for Internet and phone registration renewal transactions.

Comparison with federal regulations

No federal regulations relate to this fee.

Comparison with rules in adjacent states

Michigan: Michigan currently accepts credit cards for some transactions, and does not charge a convenience fee. Michigan anticipates expanding credit card acceptance without imposing a convenience fee.

Minnesota: Minnesota accepts credit cards, and does not charge a convenience fee. If customer uses a VitalChek product or interface, the customer pays that company's processing fee directly.

Illinois: Illinois accepts credit cards and does not charge a convenience fee for credit card usage per se, but does charge $1 fee for transmission of permit via fax, regardless of method of payment.

Iowa: Iowa does not accept credit cards directly, as Iowa by law cannot use tax revenue to pay merchant fee nor create a related service fee. In Iowa, a private third-party vendor has a terminal in the Iowa main office, for use by customers who wish to pay oversize/overweight permit fees using credit cards. The vendor charges a fee based on cost of the transaction; the minimum fee is $6.

Summary of factual data and analytical methodologies

The Department has successfully implemented fee calculation and publication under ch. Trans 196. Under the proposed rule amendment, the convenience fee for oversize/overweight permit applications by internet and telephone call-in procedures will be treated similarly.

The Department has the capability to determine the fee annually to approximate the cost to the Department for providing the transaction, not to exceed $5 per transaction. In determining the fee per transaction for the current year, the Department shall review, from the previous year, the total cost of the service, the number of transactions, and other material factors.

The Department recognizes that if the cost were to exceed the amount that the Legislature has previously approved ($5 per transaction), the Department must seek Legislative oversight through the rule making process.

Analysis and supporting documentation used to determine effect on small businesses

Small businesses represent most motor carriers that apply for oversize/overweight permits, using the Internet or telephone call-in procedure. In 2007, almost 28,000 oversize/overweight charge-card transactions occurred. The average permit transaction amount was just under $60, and the average transaction cost to DOT was $1.49.

Initial Regulatory Flexibility Analysis

The Department concludes that reduction of the convenience fee will reduce the cost to small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail], or by calling [phone].

Fiscal Estimate

Summary

The Department estimates that because it is prohibited from charging fees to any department of a county, town, or municipality or any branch of the United States government, or any foreign government for oversize/overweight permits by s. Trans 250.08, there will be no fiscal impact on the liabilities or revenues of any county, town, municipality, nor any branch of the United States government, nor any foreign government.

Anticipated costs incurred by private sector

The Department estimates that since oversize/overweight permit application by Internet or telephone call-in is a minor portion of state or private sector activity, there will be no fiscal impact on state or private sector revenues or liabilities.

Text of Proposed Rule

SECTION 1. Trans 250.04 is amended to read:

Trans 250.04 Internet fee and telephone call-in fee. In addition to any other applicable fee under this chapter, the department shall charge a $5 fee for each permit or amendment which is applied for or issued by the internet procedure or the telephone call-in procedure. The fee shall be determined by the department annually to approximate the cost to the department for providing the transaction, not to exceed $5.00. In determining the fee per transaction for the current year, the department shall review, from the previous year, the total cost of the service, the number of transactions, and other material factors. The current fee shall be published on the department's internet web site and in communication materials distributed to eligible motor carriers. Only one internet fee or telephone call-in fee shall be charged when a permit or amendment is applied for and issued by the internet procedure or the telephone call-in procedure.

Notice of Hearing

Workforce Development

Family Supports, Chs. DWD 12-59

EmR0814

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 an emergency rule relating to the repeal of EmR0807, the emergency rule affecting section DWD 56.04 that was effective March 30, 2008, relating to child care enrollment underutilization.

Hearing Information

June 27, 2008	MADISON
Friday 10:00 a.m.	G.E.F. 1 Building Room H405 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 [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in an alternative format will be made available on request to the fullest extent possible.

Copies of Proposed Rule

A copy of the proposed rules is 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

[phone]

[e-mail]

Submission of Written Comments

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 27, 2008, will be given the same consideration as testimony presented at the hearing.

Agency Contact Person

Laura Saterfield, Child Care Section Chief, [e-mail], [phone].

Analysis Prepared by the Department of Workforce Development

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 emergency rule

This rule repeals the emergency rule on child care enrollment underutilization that was effective March 30, 2008.

The child care enrollment underutilization rule attempted to control costs by reducing payments to licensed child care providers for authorized child care services that were significantly underused. The rule provided that for any week in which a child whose authorized payments were on an enrollment basis attended less than 50% of the authorized hours of care, payment was made on the basis of actual hours of attendance used, unless the agency determined that the absence was for a reason approved by the Department, such as short-term illness of the child or death in the family. The rule also increased the penalties for a provider who submitted false or inaccurate attendance reports.

2007 Wisconsin Act 226 provides $18.6 million to address the fiscal year 2007-08 Wisconsin Shares funding shortfall. The enrolled budget repair bill contains language that would have prohibited the use of a child care underutilization methodology in virtually any situation. The Governor vetoed this language. The Governor's veto message directs the Department of Workforce Development to suspend the current attendance-based rule for the remainder of fiscal year 2007-08 since Act 226 provides funding to address the shortfall. The Department is repealing the enrollment underutilization emergency rule and will be withdrawing the corresponding proposed permanent rule.

When the Wisconsin Shares program is transferred to the new Department of Children and Families effective July 1, the new department will retain the authority to implement a child care enrollment underutilization rule, given the possibility of a future funding shortfall.

Summary of factual data and analytical methodologies

The Department is repealing the child care enrollment underutilization rule in response to funding provided in 2007 Wisconsin Act 226 and the Governor's veto message.

Summary of related federal regulations

There are no applicable federal regulations.

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 a 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.

Analysis used to determine effect on small businesses

This rule repeals the child care enrollment underutilization rule based on funding provided in 2007 Wisconsin Act 226 and direction in the Governor's veto message.

Initial Regulatory Flexibility Analysis

The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses as defined in s. 227.114 (1), Stats.