Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 699, 3/31/2014

Rule-Making Notices

Notice of Hearing

Agriculture, Trade and Consumer Protection

CR 14-026

(DATCP DOCKET # 13-R-16)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on an emergency and proposed rule to revise Chapter ATCP 161, relating to dairy processor grants.

DATCP will hold a public hearing at the time and place shown below.

Hearing Date and Location

Date:   Friday, April 18, 2014
Time:   9:30 a.m. to 11:30 p.m.
Location:   Room 472
  Department of Agriculture, Trade and
  Consumer Protection
  2811 Agriculture Drive
  Madison, WI 53718-6777

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by April 4, 2014, by writing to Mike Bandli, Division of Agricultural Development, P.O. Box 8911, Madison, WI 53708-8911; or by emailing [e-mail]; or by telephone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Place Where Comments are to be Submitted and Deadline for Submission

DATCP invites the public to attend the hearing and comment on the emergency and proposed rule. Following the public hearings, the hearing record will remain open until May 2, 2014, for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, or to [e-mail], or to http://adminrules.wisconsin.gov.

Copies of the Rule and Comments Relating to Small Business

You can obtain a free copy of the emergency and hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or by emailing [e-mail]. Copies will also be available at the hearing. To view the emergency and hearing draft rules online, go to: http://adminrules.wisconsin.gov.

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to [e-mail], or by telephone at [phone].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This proposed rule implements the “Wisconsin dairy processor" grant program created under ss. 20.115 (4) (dm) and 93.40 (1) (g), Stats., by 2013 Wisconsin Act 20 (biennial budget act). Under s. 93.40 (1) (g), Stats., the Department of Agriculture, Trade and Consumer Protection (“DATCP") is authorized to award grants and loans to dairy producers for projects designed to promote the growth of the dairy industry. The budget act created an annual appropriation in DATCP of $200,000 for each year of the biennium for grants to dairy processors. (See s. 20.115 (4) (dm), Stats.)

This proposed rule does all of the following:

•   Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “Wisconsin dairy processor" grant and loan program.

•   Applies the procedures and criteria that DATCP currently uses for dairy producer grants and loans funded under s. 20.115 (4) (d), Stats., to grants for dairy processors funded under s. 20.115 (4) (dm), Stats.

Statutes interpreted

Sections 20.115 (4) (dm) and 93.40 (1) (g), Stats.

Statutory authority

Sections 20.115 (4) (dm), 93.40 (1) (g), and 93.07 (1), Stats.

Explanation of statutory authority

Section 93.07 (1), Stats., directs DATCP to make such regulations as are necessary for the discharge of all the powers and duties of the department. While granting the authority to make grants to dairy processors, the budget language does not specify the bases for grant determinations. The agency considers it necessary to adopt rules to establish the bases for grant determinations in order to effectuate the purposes of ss. 20.114 (4) (dm) and 93.40 (1) (g), Stats. This proposed rule implements the “dairy processor" grant program.

Related rules or statutes

There are no directly related rules or statutes, other than those cited above. DATCP rules for the “dairy processor" grant program will be incorporated in subchapter of ch. ATCP 161, Wis. Adm. Code (agricultural development and market promotion).

Plain language analysis

The “dairy processor" grant program is designed to promote the growth of the dairy industry by providing grants to dairy processors. The biennial budget act appropriated $200,000 in grant funding for each year of the FY 2013-15 fiscal biennium. This proposed rule spells out grant procedures and criteria. Under this proposed rule, the “dairy processor" grant program will support projects proposed by dairy processors intended to expand and diversify the dairy industry.

Grant purposes

Under this proposed rule, DATCP may award grants for projects that create, expand, diversify or promote any of the following:

•   New capital investment in the dairy industry.

•   New technologies or practices related to dairy production.

•   Improvement of the competitive position of the Wisconsin dairy industry.

•   Efficient use of farmland and other agricultural resources for dairy production.

•   Employment in the dairy industry.

Grant limits

Under this proposed rule, DATCP may award no more than $50,000 of grant funding to any person or entity in any state fiscal biennium. Once DATCP makes a grant award, DATCP may make the actual grant payments over an original contract term of up to 3 years.

Matching contribution

DATCP may give preference to applicants providing matching funds which may be in the form of capital, land, labor, equipment or cash related to the grant project.

Use of grant funds

Under this proposed 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.

•   Equipment rental.

•   The purchase of equipment whose full value is ordinarily depreciable within one year.

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 proposed 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 proposals must describe the required form and content of grant and loan proposals, and must specify a deadline for submitting grant proposals. Applicants must submit grant proposals to DATCP, in the manner prescribed by DATCP's request for proposals.

Grant awards

Under this proposed rule, DATCP must evaluate grant proposals and issue its grant awards within 90 days after receipt of a complete proposal. 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 benefit the dairy industry.

•   Whether the proposal complies with DATCP's request for proposals.

•   Whether the proposed project meets the standards prescribed in this proposed rule.

•   The viability of the proposed project.

•   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 proposed rule, DATCP must enter into a contract with a grant recipient before distributing any 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 proposed rule, DATCP may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. DATCP may require a grant recipient to file progress reports and require grant recipients to submit expense documentation as necessary to support grant payments.

Federal and surrounding state programs

Federal Programs

There are currently no similar federal programs.

Surrounding State Programs

The Minnesota Dairy Development and Profitability Enhancement program awards $200,000 annually in grants of up to $5,000 per dairy producer to cover half the cost of a comprehensive business plan to evaluate farm start-up, modernization and expansion.

In 2009-2010, 50 Minnesota producers were selected to share $1 million in grants aimed at boosting the state's livestock sector with projects that include renovation of milking facilities, barn upgrades, technology modernization, improved waste management systems, and business transitions.

There are no similar programs in Illinois, Indiana, Iowa, or Michigan.

Data and analytical methodologies

DATCP worked with representatives of various dairy industry groups to develop standards for grant and loan determinations contained in this proposed rule.

Analysis and Supporting Documents used to Determine Effect on Small Business

DATCP worked with representatives of various dairy industry groups to determine the effect of the proposed rule on small businesses.

Business Impact

The “dairy processor" grant program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant funding to dairy processors, the “dairy processor" grant program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services. A complete Regulatory Flexibility Analysis is attached.

Initial Regulatory Flexibility Analysis

Rule summary

This proposed rule implements the “Wisconsin dairy processor" grant program created under ss. 20.115 (4) (dm) and 93.40 (1) (g), Stats., by 2013 Wisconsin Act 20 (biennial budget act). The “dairy processor" grant program is designed to promote the growth of the dairy industry by providing grants to dairy processors. The biennial budget act appropriated $200,000 in grant funding for each year of the FY 2013-15 fiscal biennium. Among other things, this proposed rule does all of the following:

This proposed rule spells out grant procedures and criteria. Under this proposed rule, the “dairy processor" grant program will support projects proposed by dairy processors intended to expand and diversify the dairy industry.

Grant purposes

Under this proposed rule, DATCP may award grants for projects that create, expand, diversify, or promote any of the following:

•   New capital investment in the dairy industry.

•   New technologies or practices related to dairy production.

•   Improvement of the competitive position of the Wisconsin dairy industry.

•   Efficient use of farmland and other agricultural resources for dairy production.

•   Employment in the dairy industry.

Grant limits

Under this proposed rule, DATCP may award no more than $50,000 of grant funding to any person or entity in any state fiscal biennium. Once DATCP makes a grant award, DATCP may make the actual grant payments over an original contract term of up to 3 years.

Matching contribution

DATCP may give preference to applicants providing matching funds which may be in the form of capital, land, labor, equipment or cash related to the grant project.

Use of grant funds

Under this proposed 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.

•   Equipment rental.

•   The purchase of equipment whose full value is ordinarily depreciable within one year.

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 proposed 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 proposals must describe the required form and content of grant and loan proposals, and must specify a deadline for submitting grant proposals. Applicants must submit grant proposals to DATCP, in the manner prescribed by DATCP's request for proposals.

Grant awards

Under this proposed rule, DATCP must evaluate grant proposals and issue its grant awards within 90 days after receipt of a complete proposal. 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 benefit the dairy industry.

•   Whether the proposal complies with DATCP's request for proposals.

•   Whether the proposed project meets the standards prescribed in this emergency rule.

•   The viability of the proposed project.

•   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 contract

Under this proposed rule, DATCP must enter into a contract with a grant recipient before distributing any 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 proposed rule, DATCP may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. DATCP may require a grant recipient to file progress reports and require grant recipients to submit expense documentation as necessary to support grant payments.

Small business affected

This proposed rule will have a positive impact on dairy processors. The “dairy processor" grant program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant funding annually to dairy processors, the “dairy processor" grant program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.

Reporting, bookkeeping, and other procedures

The proposed rule does not regulate any small businesses and thus there are no reporting, bookkeeping or other procedures in the proposed rule for small businesses.

Professional skills required

The proposed rule does not regulate any small businesses and thus there is no profession skill required for small businesses.

Accommodation for small business

Many of the businesses affected by this rule are “small businesses." DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.

Conclusion

This rule will benefit affected businesses, including “small businesses." This rule will not have any adverse effect on “small business".

DATCP Contact

Questions and comments related to this rule may be directed to:

Kathy Schmitt

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone: [phone]

E-Mail: [e-mail].

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 161, Dairy Processor Grants
Subject
Dairy Processor Grants
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
X GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			20.115 (4) (dm)
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This rule implements the “Wisconsin dairy processor" grant program created under s. 20.115 (4) (dm) and 93.40 (1) (g), Stats., by 2013 Wisconsin Act 20 (biennial budget act). Under s. 93.40 (1) (g), Stats., the Department of Agriculture, Trade and Consumer Protection (“DATCP") is authorized to award grants and loans to dairy producers for projects designed to promote the growth of the dairy industry. The budget act creates an annual appropriation of $200,000 for each year of the biennium in DATCP for grants to dairy processors. (See s. 20.115 (4) (dm), Stats.) This rule does all of the following: • Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “ Wisconsin dairy processor" grant program. • Specifies the procedures and criteria that DATCP will use to evaluate grant proposals, make grant awards and distribute grant payments. • Specifies the purposes for which grant funds may be used, subject to the terms of the grant contract.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The “Wisconsin dairy processor" grant program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant funding to dairy processors, the “grow Wisconsin dairy processor" grant program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services. 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. 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 and loan applicants and recipients, as appropriate. Program administration will occupy at least .5 FTE staff in DATCP's Division of Agricultural Development (this does not include legal, managerial, DATCP central accounting, or other indirect staff support). The cost for the .5 FTE staff will be $50,000 per year, including salary, fringe benefits and support costs (there will be a smaller proportionate cost for the remainder of the current fiscal year). DATCP will try to fill program staffing needs by shifting current staff from other agricultural development programs. Local Governments This rule will not impact local governments. Local governments will not have any implementation or compliance costs. Utility Rate Payers The rule will have no impact on utility rate payers. General Public This rule will have a positive effect on the agricultural sector of the economy and therefore on the state economy and in that way will produce positive results for the general public.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits Dairy Processor grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. General Public The general public will benefit from this rule because the state will have a stronger dairy industry. Alternatives This rule does all of the following: • Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “Wisconsin dairy processor" grant program. • Specifies the procedures and criteria that DATCP will use to evaluate grant proposals, make grant awards and distribute grant payments. • Specifies the purposes for which grant funds may be used, subject to the terms of the grant contract. The legislation that created the dairy processor grant program does not include criteria for grant determinations. To carry out legislative intent the only alternative is for DATCP to create those criteria by administrative rule.
Long Range Implications of Implementing the Rule
Long-term, implementing the rule will benefit dairy processors, the dairy industry and the general public.
Compare With Approaches Being Used by Federal Government
There are currently no similar federal programs.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The Minnesota Dairy Development and Profitability Enhancement program awards $200,000 annually in grants of up to $5,000 per dairy producer to cover half the cost of a comprehensive business plan to evaluate farm start-up, modernization and expansion. In 2009-2010, 50 Minnesota producers were selected to share $1 million in grants aimed at boosting the state's livestock sector with projects that include renovation of milking facilities, barn upgrades, technology modernization, improved waste management systems and business transitions. There are no similar programs in Illinois, Indiana, Iowa, or Michigan. Comments Received in Response to Web Posting and DATCP Response No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.

Notice of Hearing

Children and Families

Early Care and Education, Chs. 201—252

CR 14-028

NOTICE IS HEREBY GIVEN that pursuant to s. 48.658 (4), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed rules relating the child care vehicle safety alarm.

Hearing Date and Location

Date:   Wednesday, April 23, 2014
Time:   11:00 a.m.
Location:   GEF 1 Building, Room H206
  201 E. Washington Avenue
  Madison, WI

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.

If you have special needs or circumstances regarding communication or accessibility at a hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.

Place Where Comments are to be Submitted and Deadline for Submission

A copy of the 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 rules or fiscal estimate by contacting:

Elaine Pridgen

Department of Children and Families

201 E. Washington Avenue

Madison, WI 53707

[phone]

[e-mail]

Written comments on the rules received at the above address, email, or through the http://adminrules.wisconsin.gov website no later than April 24, 2014, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Children and Families

Statutory authority

Section 48.658 (4), Stats.

Statutes interpreted

Section 48.658, Stats.

Related statute or rule

None.

Explanation of agency authority

Section 48.658, Stats., as created by 2009 Wisconsin Act 19, provides that before a child care vehicle is placed in service, the child care provider or contractor of a child care provider that is the owner or lessee of the child care vehicle shall have an alarm system that prompts the driver of the vehicle to inspect the vehicle for children before exiting. A child care vehicle is defined as a vehicle that has a seating capacity of 6 or more passengers in addition to the driver, that is owned or leased by a child care provider or a contractor of a child care provider, and that is used to transport children to and from the child care provider.

Section 48.658 (4), Stats., provides that the department shall promulgate rules to implement the section. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under s. 48.65 (1), Stats., or established or contracted for under s. 120.13 (14), Stats., and [the department in a county having a population of 500,000 or more,] a county department[, or an agency with which the department contracts under s. 48.651 (2), Stats.], whenever it inspects a child care provider that is certified under s. 48.651, to inspect the child safety alarm of each child care vehicle to determine whether the child safety alarm is in good working order.

Summary of the proposed rules

The proposed rules amend the child care certification, family child care licensing, group child care licensing, and day camp licensing rules to incorporate the requirements on child care vehicle safety alarms in s. 48.658, Stats.

The proposed rules provide that a vehicle must be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting the vehicle if the vehicle is owned or leased by a certified child care operator or licensee or a contractor of a child care operator or licensee, has a seating capacity of 6 or more passengers plus the driver, and is used to transport children in care.

No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle. The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a child care home, child care center, or base camp.

The child care licensing rules will be amended to require that the department inspect the child safety alarm of each vehicle to determine whether the child safety alarm is in good working order at least once per year. The child care certification rule will be amended to require a certification agency to inspect the child safety alarm as part of the on-site inspection of the premises done before initial certification, recertification, or within 30 days following a child care operator's move to a new location.

Summary of factual data and analytical methodologies

The proposed rules incorporate the requirements of s. 48.658, Stats.

Summary of related federal requirements

None.

Comparison to adjacent states

None of the adjacent states has a child care vehicle safety alarm requirement.

Effect on Small Business

The proposed rules will not affect small businesses as defined in s. 227.114 (1), Stats.

Analysis used to determine effect on small business or economic impact

The requirements in the rules that affect child care providers are also in statute.

Agency Contact Person

For licensed child care:

Anne Carmody

Bureau of Early Care Regulation

[e-mail]

[phone]

For certified child care:

Jolene Ibeling

Bureau of Early Care Regulation

[e-mail]

Text of Rule

SECTION 1. DCF 202.04 (7) (b) 2. d. is amended to read:

DCF 202.04 (7) (b) 2. d. Conduct an on–site inspection of the premises where child care will be provided, including areas that will not be used for child care, before initial certification, recertification, or within 30 days following a child care operator's move to a new location. The inspection of the premises shall include an inspection of each vehicle that is required to have a child safety alarm under s. DCF 202.08 (9) (f) 1. or DCF 202.09 (12) (h) 1. to determine whether the child safety alarm is in good working order.

SECTION 2. DCF 202.08 (9) (f) is created to read:

DCF 202.08 (9) (f) 1. A vehicle is equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.

b. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

c. The vehicle is used to transport children in care.

2. No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

3. The child safety alarm is properly maintained and in good working order each time the vehicle is used for transporting children to or from a child care home.

Note: Information on the required vehicle safety alarm is available on the department's website at http://dcf.wisconsin.gov.

SECTION 3. DCF 202.09 (12) (h) is created to read:

DCF 202.09 (12) (h) 1. A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.

b. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

c. The vehicle is used to transport children in care.

2. No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

3. The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a certified school-age child care program.

Note: Information on the required vehicle safety alarm is available on the department's website at http://dcf.wisconsin.gov.

SECTION 4. DCF 250.08 (8) is created to read:

DCF 250.08 (8) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

1. The vehicle is owned or leased by a licensee or a contractor of a licensee.

2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

3. The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a center.

Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers" section of the department website at http://dcf.wisconsin.gov.

SECTION 5. DCF 250.12 (2) is renumbered DCF 250.12 (2) (a).

SECTION 6. DCF 250.12 (2) (b) is created to read:

DCF 250.12 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 250.08 (8) (a) to determine whether the child safety alarm is in good working order.

SECTION 7. DCF 251.08 (8) is created to read:

DCF 251.08 (8) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

1. The vehicle is owned or leased by a licensee or a contractor of a licensee.

2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

3. The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a center.

Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers" section of the department website at http://dcf.wisconsin.gov.

SECTION 8. DCF 251.12 (2) is renumbered DCF 251.12 (2) (a).

SECTION 9. DCF 251.12 (2) (b) is created to read:

DCF 251.12 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 251.08 (8) (a) to determine whether the child safety alarm is in good working order.

SECTION 10. DCF 252.06 is renumbered DCF 252.06 (2) (a).

SECTION 11. DCF 252.06 (2) (b) is created to read:

DCF 252.06 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 252.09 (5) (a) to determine whether the child safety alarm is in good working order.

SECTION 12. DCF 252.09 (5) is created to read:

DCF 252.09 (5) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

1. The vehicle is owned or leased by a licensee or a contractor of a licensee.

2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.

3. The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a base camp.

Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers" section of the department website at http://dcf.wisconsin.gov.

SECTION 13. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
DCF 202, Child Care Certification; DCF 250, Family Child Care Centers; DCF 251, Group Child Care Centers; and DCF 252, Day Camps for Children and Day Care Programs Established by School Boards.
3. Subject
Child Care Vehicle Safety Alarm
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Section 48.658 (4), Stats., directs the department to promulgate rules that include the requirement that the department, whenever it inspects a child care provider that is licensed under s. 48.65 (1) or established or contracted for under s. 120.13 (14), and a certification agency, whenever it inspects a child care provider that is certified under s. 48.651, to inspect the child safety alarm of each child care vehicle that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Certification agencies, Wisconsin Child Care Administrators Association, Wisconsin Family Child Care Association, Wisconsin Early Childhood Association, Supporting Families Together Association, AFSCME, and Wisconsin Intertribal Child Care Association.
11. Identify the local governmental units that participated in the development of this EIA.
Waukesha County Health and Human Services
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no economic or fiscal impact on child care providers. The child care vehicle safety alarm requirements in the rule are also in statute. The rule affects the department and certification agencies. Section 48.658 (4), Stats., directs the department to promulgate rules that include the requirement that the department or certification agency inspect the child care vehicle of child care licensees and certified child care operators to determine whether the child safety alarm is in good order. The rules provide that the department shall inspect a child care vehicle of licensees at least once per year. Certification agencies shall inspect a child care vehicle before initial certification, recertification, or within 30 days following a child care operator's move to a new location. The economic or fiscal effect of the rules on certification agencies and the department is the cost of the difference between the frequency that the rules require inspections of child care vehicles and the cost of less frequent inspections. Inspection of child care vehicles can be time-consuming if the vehicle is not on the child care premises when the department or certification agency is there for other reasons. The department's inspections of child care licensees are unannounced. Certification agencies do an unannounced inspection of certified child care operators at least once every 2 years and other inspections may be scheduled. The vehicle may not be present at the time of an inspection because the child care provider contracts with a third-party transportation company or the vehicle may be in use transporting children. One certification agency commented. Waukesha County Health and Human Service's certification program does not have a financial impact in doing inspections with monitoring the car alarms for this proposed rule. The certifiers have been checking this for the past few years as part of the routine transportation section for car alarms in DCF 202 standards. We check this at initial visits, re- certifications, and, if needed, during monitoring visits. Most of our providers have chosen to either not transport or use a car that has less than 6 passengers, so we do not have many providers transporting at this time. Four group child care centers commented. 1. I do not see any issues. The alarm requirement is already effective. The rule clarifies what the licensing specialist expects. 2. I agree with the rule. All safeguards should be in place to ensure no harm comes to the children. 3. The cost is around $125 for each vehicle, which is not bad. 4. There was a cost to this requirement, especially because we have 3 vehicles. We are looking at the safety of our children and that is worth more than any amount of money. The alarm requirement should apply to any vehicle that carries groups of children. Three family child care centers commented. In general, licensed family child care centers may not provide care to more than 8 children under the age of 7, and certified child care providers may not provide care for more than 3 unrelated children under the age of 7. 1. The alarm requirement should not apply to family child care centers. It is an unnecessary cost that I cannot afford. We already are required to have a system of counting to know how many and where children are at all times. A center that cannot handle that should not be caring for children. The alarm requirement is an unnecessary cost that I cannot afford. It has taken away the field trips that the children looked forward to. The alarm may be warranted for larger centers and centers with larger vehicles, but it is not warranted for family child care centers. 2. Field trips used to be a vital part of my child care program, but I ended the field trips and sold my van because of the alarm requirement. I could not figure out how to comply with the requirement and keep the children safe. I would have to unload the children and leave them unattended to enter the van and climb to the back to turn off the alarm. 3. The alarm requirement should be changed to apply only to passenger vehicles of 8 or more in addition to the driver instead of 6 or more. Child care programs are already facing hardship because of Youngstar and other Shares policies. School buses are not required to have a safety alarm.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Section 48.658 (4), Stats., directs the department to promulgate the rule.
14. Long Range Implications of Implementing the Rule
None
15. Compare With Approaches Being Used by Federal Government
NA
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
None of the adjacent states have a child care vehicle safety alarm requirement.
17. Contact Name				18. Contact Phone Number
Jill Chase				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. 1—

CR 14-029

(DNR # FH-34-13)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on Board Order FH-34-13 affecting Chapters NR 20 and 23, relating to trolling regulations on inland and boundary waters of Wisconsin on the date and at the time and locations listed below.

Hearing Date and Locations

Date and time

April 14, 2014, at 7:00 p.m.

Locations (listed by county)

Adams	Adams County Courthouse County Board Room	400 Main Street, Friendship, WI 53934
Ashland	Ashland County Court House 3rd Floor Court Room	201 Main Street West, Ashland, WI 54806
Barron	Barron County Government Center Auditorium	335 E Monroe Avenue, Barron, WI 54812
Bayfield	Drummond Civic Center	52540 Front Avenue, Drummond, WI 54832
Brown	NWTC Corporate Conference Center Room CC210	2740 W Mason St., Green Bay, WI 54307
Buffalo	Alma High School Gymnasium	S1618 State Road 35, Alma, WI 54610
Burnett	Burnett County Government Center Room 165	7410 County Road K, Siren, WI 54872
Calumet	Calumet County Courthouse Room B025	206 Court Street, Chilton, WI 53014
Chippewa	Chippewa Falls Middle School	750 Tropicana Boulevard, Chippewa Falls, WI 54729
Clark	Greenwood High School Cafetorium	306 W Central Avenue, Greenwood, WI 54437
Columbia	Poynette Village Hall	106 S Main Street, Poynette, WI 53955
Crawford	Prairie du Chien High School	800 E Crawford Street, Prairie du Chien, WI 53821
Dane	Middleton High School Performing Arts Center	2100 Bristol Street, Middleton, WI 53562
Dodge	Horicon Marsh International Ed. Center Lower Auditorium	N7725 STH 28, Horicon, WI 53032
Door	Sturgeon Bay High School Commons	1230 Michigan Street, Sturgeon Bay, WI 54235
Douglas	Solon Springs High School	8993 E Baldwin Avenue, Solon Springs, WI 54873
Dunn	Dunn County Fish and Game Club	1600 Pine Avenue, Menomonie, WI 54751
Eau Claire	CVTC Business Ed. Center Room 103	620 W Clairemont Ave., Eau Claire, WI 54701
Florence	Florence Natural Resources Center	5631 Forestry Drive, Florence, WI 54121
Fond du Lac	Theisen Middle School	525 E Pioneer Road, Fond du Lac, WI 54935
Forest	Crandon High School	9750 US Highway 8 West, Crandon, WI 54520
Grant	Lancaster High School Auditorium	806 E Elm Street, Lancaster, WI 53813
Green	Monroe Middle School	1510 13th Street, Monroe, WI 53566
Green Lake	Green Lake High School Small Gymnasium	612 Mill Street, Green Lake, WI 54941
Iowa	Dodgeville High School Gymnasium	912 Chapel Street, Dodgeville, WI 53533
Iron	Mercer Community Center	2648 W Margaret Street, Mercer, WI 54547
Jackson	Black River Falls Middle School LGI Room	1202 Pierce Street, Black River Falls, WI 54615
Jefferson	Jefferson County Fair Park Activity Center	503 N Jackson Avenue, Jefferson, WI 53549
Juneau	Olson Middle School Auditorium	508 Grayside Avenue, Mauston, WI 53958
Kenosha	Bristol School District #1 Gymnasium	20121 83rd Street, Bristol, WI 53104
Kewaunee	Kewaunee High School Little Theater	911 3rd Street, Kewaunee, WI 54216
La Crosse	Onalaska High School Performing Arts Center	700 Hilltopper Place, Onalaska, WI 54650
Lafayette	Darlington Elementary School Lg. Group Room	11630 Center Hill Rd., Darlington, WI 53530
Langlade	Antigo High School Volm Theater	1900 10th Avenue, Antigo, WI 54409
Lincoln	Merrill High School Auditorium	1201 N Sales Street, Merrill, WI 54452
Manitowoc	UW-Manitowoc Theatre	705 Viebahn Street, Manitowoc, WI 54220
Marathon	D.C. Everest Middle School Auditorium	9302 Schofield Avenue, Weston, WI 54476
Marinette	Wausaukee High School Auditorium	N11941 Highway 141, Wausaukee, WI 54177
Marquette	Montello High School Community Room	222 Forest Lane, Montello, WI 53949
Menominee	Menominee County Courthouse	W3269 Courthouse Lane, Keshena, WI 54135
Milwaukee	Nathan Hale High School Auditorium	11601 W Lincoln Avenue, West Allis, WI 53227
Monroe	Meadowview School Cafetorium	1225 N Water Street, Sparta, WI 54656
Oconto	Suring High School Cafeteria	411 E Algoma Street, Suring, WI 54174
Oneida	James William Middle School	915 Acacia Lane, Rhinelander, WI 54501
Outagamie	Riverview Middle School Auditorium	101 Oak Street, Kaukauna, WI 54130
Ozaukee	Webster Middle School Commons	W75 N624 Wauwatosa Road, Cedarburg, WI 53012
Pepin	Pepin County Government Center County Board Room	740 7th Avenue West, Durand, WI 54736
Pierce	Ellsworth High School Auditorium	323 Hillcrest Street, Ellsworth, WI 54011
Polk	Unity High School Auditorium	1908 State Hwy 46, Balsam Lake, WI 54810
Portage	Ben Franklin Junior High School Auditorium	2000 Polk Street, Stevens Point, WI 54481
Price	Price County Courthouse Boardroom	126 Cherry Street, Phillips, WI 54555
Racine	Union Grove High School	3433 S Colony Avenue, Union Grove, WI 53182
Richland	Richland County Courthouse	181 W Seminary Street, Richland Center, WI 53581
Rock	Milton High School Auditorium	114 W High Street, Milton, WI 53563
Rusk	Ladysmith High School Auditorium	1700 Edgewood Avenue East, Ladysmith, WI 54848
Saint Croix	St. Croix Central High School Commons	1751 Broadway Street, Hammond, WI 54015
Sauk	UW-Baraboo Campus, Lecture Hall A-4	1006 Connie Road, Baraboo, WI 53913
Sawyer	Winter High School Auditorium	6585 Grove Street, Winter, WI 54896
Shawano	Shawano Middle School Room LGI	1050 S Union Street, Shawano, WI 54166
Sheboygan	Plymouth High School Auditorium	125 Highland Avenue, Plymouth, WI 53073
Taylor	Taylor County Multipurpose Meeting Room	Hwy 64/Hwy 13, Medford, WI 54451
Trempealeau	Whitehall City Center Gymnasium	18620 Hobson Street, Whitehall, WI 54773
Vernon	Viroqua High School Commons	100 Blackhawk Drive, Viroqua, WI 54665
Vilas	St. Germain Elementary School Gymnasium	8234 Hwy 70 West, St. Germain, WI 54558
Walworth	Delavan-Darien High School LGR Room 124/125	150 Cummings Street, Delavan, WI 53115
Washburn	Spooner High School Auditorium	801 County Highway A, Spooner, WI 54801
Washington	Washington County Fair Park	3000 Hwy PV, West Bend, WI 53095
Waukesha	Waukesha Co. Tech. Coll., Richard Anderson Center	800 Main Street, Pewaukee, WI 53072
Waupaca	Waupaca High School Performing Arts Center	E2325 King Road, Waupaca, WI 54981
Waushara	Waushara Co. Court House Board Room 265	209 S Saint Marie St., Wautoma, WI 54982
Winnebago	Webster Stanley Middle School Auditorium	915 Hazel Street, Oshkosh, WI 54901
Wood	Pittsville School District Admin. Building Auditorium	5459 Elementary Ave., Pittsville, WI 54466

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Kari Lee-Zimmerman by email [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and fiscal estimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Tim Simonson, Department of Natural Resources, Bureau of Fisheries Management 101 S. Webster St, Madison, WI, 53703, or by calling [phone].

Submitting Comments and Deadline for Submission

Comments on the proposed rule must be received on or before April 14, 2014. Written comments may be submitted by U.S. mail, fax, email, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Tim Simonson

Department of Natural Resources

Bureau of Fisheries Management

101 S Webster St, Madison, WI 53703

Phone: [phone]

Email: [e-mail]

Internet: Use the Administrative Rules System website accessible through the link provided above.

Analysis Prepared by the Department of Natural Resources

Statutory authority

Sections 29.014 (1) and 29.041, Stats., have been interpreted as giving the department the authority to make changes to fishing regulations on inland, outlying, and boundary waters of Wisconsin.

Plain language analysis of the proposed rule

The proposed rule would make modifications to portions of chs. NR 20 and 23, pertaining to trolling fishing regulations on inland and boundary waters of Wisconsin.

This rule would allow some form of trolling on all inland waters in Wisconsin, which would simplify current regulations and reduce confusion between trolling and position fishing. Trolling means fishing by trailing any lure, bait, or similar device that may be used to attract or catch fish from a boat propelled by a means other than drifting or rowing. Drifting or “row trolling" is allowed in all waters statewide. Position fishing means fishing from a boat in a manner where the fishing line extends vertically into the water while the boat is maneuvered by the use of a motor. Position fishing could be a musky angler fishing with a sucker as bait while maneuvering the boat, but the fishing line would have to remain vertical. If it is trailed out behind the boat or fished under a bobber, then a significant part of the fishing line is no longer vertical in the water and the person is then motor trolling, which is prohibited on many waters. Many anglers want the option to trail a fishing line behind their boat while maneuvering the boat and not need to worry whether the line is staying completely vertical in the water. Allowing trolling in all inland waters may remove the need to define position fishing and allow anglers to trail bait behind their boats as well as do other forms of trolling, such as using planar boards that extend fishing lines far from the boat while motoring through the water.

Allowing trolling statewide would:

1) simplify regulations by eliminating confusion about where trolling is or is not allowed;

2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters;

3) eliminate the need for disabled anglers to have to apply for trolling permits; and

4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.

The rule allows fishing by the method of trolling on all inland waters with one hook, bait, or lure and — depending on location — up to three hooks, baits, or lures. Trolling means trailing a lure or bait from a boat propelled by a means other than drifting or rowing, and Section 1 will also include means other than pedaling or paddling.

Section 2 (amending s. NR 20.06 (1)) allows trolling with one hook, bait, or lure statewide and applies county-wide to Iron, Menominee, Milwaukee, Ozaukee, and Vilas counties. It also applies county-wide to Fond du Lac and Waushara counties, with the exception of Lake Winnebago system waters in those counties that allow 3 hooks, baits, or lures when trolling.

Exceptions to the one hook, bait, or lure rule are listed in Section 3 (creating s NR 20.15 (4), covering 55 counties) and Sections 16, 20, 25, 32, 33, 35, 37, 48, 50, 55, 60, and 61 (amendments throughout s. NR 20.20 and ch. NR 23). All other sections repeal existing rule language for counties that will now be governed by Section 3, which allows trolling with up to three hooks, baits, or lures per person. Door, Florence, Jackson, Lincoln, Marathon, Marquette, Oneida, Sawyer, Sheboygan, and Washington counties will allow trolling with 3 hooks, baits, or lures on waters where it is currently allowed and trolling with 1 hook, bait, or lure on all other waters in the county. The number of hooks, baits, or lures allowed on Lake Michigan and Green Bay tributaries will match the number allowed in their respective counties. All Lake Winnebago system waters will allow trolling with up to 3 hooks, baits, or lures. There is no change to trolling rules on outlying waters and WI-MN, WI-IA, and WI-MI boundary waters, which already allow trolling with up to three hooks, baits, or lures except on WI-MI boundary waters of Vilas County which will allow trolling with only 1 hook, bait, or lure.

Summary of and comparison with existing or proposed federal statutes and regulations

Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.

Comparison with rules in adjacent states

Motor trolling has been allowed for decades in Michigan (3 lines) and Minnesota (1 line). Trolling is allowed in Illinois provided the angler has not more than three poles and lines with not more than two hooks or lures on each. Iowa anglers may not use more than two lines or more than two hooks on each line when still fishing or trolling; if trolling and bait casting, one cannot use more than two trolling spoons or artificial baits on one line. A third line may be used when possessing a valid third line fishing permit.

Summary of factual data and analytical methodologies

Restrictions on motor trolling are inconsistently applied across the inland waters of Wisconsin. There is no biological justification for this inconsistency from lake-to-lake or county-to-county; angling success (catch rates) and harvest of muskellunge, walleye, or northern pike do not differ between casting and trolling. Also, a variety of interpretations still exist among anglers regarding the differences between “motor trolling" and “position fishing." For example, the practice of drifting with live bait and occasionally repositioning the boat, usually with an electric motor (often while also casting and retrieving an artificial lure), is specifically prohibited, yet many anglers believe this method is consistent with the definition of “position fishing." There are two primary concerns related to motor trolling: first, that trolling will result in more conflicts among anglers on small lakes, and second, that trolling negatively impacts the size-structure of fish populations (mainly muskellunge). However, the department has had no reports of user conflicts from the considerable number of waters already open to motor trolling, even though most are less than 400 acres in size.

In 2012, attendees of the statewide Spring Fish and Wildlife Hearings voted in favor of a Conservation Congress advisory question to allow motor trolling statewide, with 1,928 people in favor and 1,576 people opposed. In a 2010-11 statewide mail survey, 64% of musky anglers reported doing some amount of trolling for muskellunge in Wisconsin during 2010, and 91% indicated they would do some amount of trolling if it were legalized statewide.

A 2013 rule (FH-18-12) proposed by the department originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler (three is the maximum number of hooks, baits, or lures that a person may use while hook and line fishing). After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler, and allowing trolling with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule does not apply directly to businesses, but to sport anglers. The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be affected economically.

Effects on Small Business

The rule is not expected to have an effect on small businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.

The Small Business Regulatory Coordinator may be contacted at [e-mail], or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule does not apply directly to businesses, but to sport anglers. The rule is not expected to have an effect on small businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.

Agency Contact Person

Tim simonson

Department of Natural Resources

P.O. Box 7921

Madison, WI 53707-7921

Telephone: [phone]

Email: [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
NR 20, Fishing: Inland Waters; Outlying Waters and NR 23, Wisconsin-Michigan Boundary Waters
3. Subject
Trolling regulations on inland and boundary waters of Wisconsin
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
This rule is being pursued in order to allow some form of trolling on all inland waters in Wisconsin, which would simplify current regulations and reduce angler confusion between trolling and position fishing.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
For comments on the economic impact of the rule, the department will be contacting the Wisconsin Conservation Congress, the Wisconsin Counties Association, League of Wisconsin Municipalities, tribal entities, and many other angling associations throughout the state.
11. Identify the local governmental units that participated in the development of this EIA.
If any local governmental units request to coordinate with the department on preparation of the EIA they will be listed here.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule does not apply directly to businesses, but to sport anglers. The rule is not expected to have an effect on small businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Restrictions on motor trolling are inconsistently applied across the inland waters of Wisconsin. There is no biological justification for this inconsistency from lake-to-lake or county-to-county; angling success (catch rates) and harvest of muskellunge, walleye, or northern pike do not differ between casting and trolling. Also, a variety of interpretations still exist among anglers regarding the differences between “motor trolling" and “position fishing." For example, the practice of drifting with live bait and occasionally repositioning the boat, usually with an electric motor (often while also casting and retrieving an artificial lure), is specifically prohibited, yet many anglers believe this method is consistent with the definition of “position fishing." There are two primary concerns related to motor trolling: first, that trolling will result in more conflicts among anglers on small lakes, and second, that trolling negatively impacts the size-structure of fish populations (mainly muskellunge). However, the department has had no reports of user conflicts from the considerable number of waters already open to motor trolling, even though most are less than 400 acres in size.
14. Long Range Implications of Implementing the Rule
No state fiscal impact is expected. Allowing trolling statewide would: 1) simplify regulations by eliminating confusion about where trolling is or is not allowed; 2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters; 3) eliminate the need for disabled anglers to have to apply for trolling permits; and 4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.
15. Compare With Approaches Being Used by Federal Government
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Motor trolling has been allowed for decades in Michigan (3 lines) and Minnesota (1 line). Trolling is allowed in Illinois provided the angler has not more than three poles and lines with not more than two hooks or lures on each. Iowa anglers may not use more than two lines or more than two hooks on each line when still fishing or trolling; if trolling and bait casting, one cannot use more than two trolling spoons or artificial baits on one line. A third line may be used when possessing a valid third line fishing permit. A 2013 department rule (FH-18-12) originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler (three is the maximum number of hooks, baits, or lures that a person may use while hook and line fishing). After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler, and allowing trolling with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.
17. Contact Name				18. Contact Phone Number
Tim Simonson				608-266-5222

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Natural Resources

Environmental Protection — WPDES, Chs. 200—

CR 14-027

(DNR # WT-13-12)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed revisions to Chapters NR 200, 201, 203, and 205, Wis. Adm. Code, relating to the Wisconsin Pollutant Discharge Elimination System (WPDES) wastewater permit program regarding permit processing and permit issuance procedures, on the date and at the time and location listed below.

Hearing Date and Location

Date:   Thursday, May 1, 2014
Time:   10:00 a.m. to 12:00 p.m.
Location:   Department of Natural Resources
  Natural Resources Building
  Room 313
  101 South Webster Street
  Madison, WI 53703

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Paul Luebke using the contact information below. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the proposed rules and fiscal estimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Paul Luebke using the contact information below.

Submitting Comments

Comments on the proposed rule must be received on or before May 12, 2014. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Paul Luebke, WQ/3

Department of Natural Resources

Bureau of Water Quality

101 S Webster St

PO Box 7921

Madison, WI 53707-7921

Phone: [phone]

Fax: [phone]

E-mail: [e-mail]

Internet: Use the Administrative Rules System Web site accessible through the link provided above.

Analysis Prepared by the Department of Natural Resources

Statutes interpreted

Sections 283.31, 283.33, 283.35, 283.37, 283.39, 283.41, 283.45, 283.49, 283.53, 283.63, 285.61, and 285.62, Stats.

Statutory authority

Sections 227.11, 283.11, 283.31, 283.37, 283.39, and 283.41, Stats.

Explanation of agency authority

Chapter 283, Stats., grants authority to the Department to establish, administer and maintain a Wisconsin Pollutant Discharge Elimination System (WPDES). More specifically, ss. 283.11 and 283.31, Stats., provide authority to promulgate rules to administer the WPDES permit program consistent with federal requirements. The Department has general authority to promulgate rules under s. 227.11 (2) (a), Stats., that interpret the specific statutory authority granted in ch. 283, Stats.

Related statute or rule

These rules relate directly to the WPDES permit program that regulates wastewater discharges. Chapters NR 200, 201, and 203, Wis. Adm. Code relate to permit processing and permit issuance procedures. Chapter NR 205, Wis. Adm. Code, contains general provisions applicable to the WPDES permit program.

Plain language analysis

The purpose of the proposed rule changes is to ensure that the state's regulations are consistent with federal regulations as well as recent statutory revision in 2011 Act 167. The rule changes will establish clear regulatory requirements for the processing of WPDES permits. Minor clarifications and corrections will also be made to these chapters.

Specifically, the proposed rule package will address EPA's issues with the state authority regarding permit processing issues and other permit issuance procedural matters. In a letter dated July 18, 2011, the U.S. Environmental Protection Agency (EPA) identified 75 potential issues with Wisconsin's statutory and regulatory authority for the WPDES permit program. EPA directed the Department to either make rule changes to address this inconsistency or obtain a statement from the Attorney General's Office verifying that the existing rule is consistent with federal regulations. The Department believes adoption of these rule changes (referred to as Rule Package 6) will address EPA's concerns for 13 of the issues. The item number of the applicable EPA issue is indicated in each rule section that addresses an EPA issue.

Following is a brief summary of changes to chs. NR 200, 201, 203, and 205, Wis. Adm. Code:

Chapter NR 200 — This chapter contains the requirements for permit applications and water quality standards variances. A new section was created to add the federal regulations for the preparation of a draft permit after the receipt of a complete application, which were lacking in the rule as cited in EPA issue 65.

Chapter NR 201 — This chapter contains the requirements for the contents of the fact sheet for WPDES permits. Because of several changes needed to update the existing rule this chapter was repealed and recreated. It now includes all the federal regulations to address EPA issues 21 and 66. It is also consistent with s. 283.45, Stats. A note states that if the public notice includes some of the information specified in the fact sheet it may be omitted from the fact sheet because it is more appropriate in the public notice (decision to issue or deny a permit and the beginning and end dates of the comment period). The recreated rule was written compliant with the format procedures for drafting rules that the existing rule did not follow.

Chapter NR 203 — This chapter contains the processes for public noticing a draft permit, informational hearing, final determination to issue or deny a permit, and public adjudicatory hearing. Following are the significant changes to this rule:

•   The rule was revised to address EPA issues 3, 22, 50, and 51 to be consistent with federal regulations. This consists of language clarifying the processes for permit actions (modifications, revocation and reissuance, or termination), identifying the causes for permit actions, the notification of government agencies and others, and public informational hearing requests.

•   The rule was revised to address 2011 Act 167 changes to ch. 283 and ch. 285, Stats., and changes initiated by the Department to clarify public notice procedures. This consists of language to identify what is to be included in the public notice, allows use of the Department's Internet Web site to post public notices and documents, proposed variances to water quality standards may be included in the public notice, the term notification replaces circulation to reflect the broader use of electronic media, and permit actions related to substantial changes to concentrated animal feeding operation nutrient management plans.

Chapter NR 205 — This chapter contains WPDES program definitions, general conditions applicable to WPDES permits, and requirements for the issuance of WPDES general permits. The rule was revised to address EPA issues 18, 45, 47, 48, 49, and 62 to be consistent with federal regulations. This consists of language that added termination of the permit for certain violations, replaced the use of the term suspension with termination, clarified the signatory requirements for permit documents, revised the reporting requirements for facility changes, and added general conditions that permit compliance constitutes compliance for purposes of enforcement and affirmative defense.

Summary and comparison with existing and proposed federal regulations

The Department rules will be consistent with existing federal regulations with the revisions contained in this rule package. No proposed federal regulations are applicable; none were mentioned in EPA's letter that contained the 75 issues the Department needed to address.

Comparison of similar rules in adjacent states

All the other U.S. EPA Region 5 states (Illinois, Indiana, Michigan, Minnesota, and Ohio) are subject to the U.S. EPA regulations that are delegated to the states for implementation. Wisconsin's rules for permit processing and other permit issuance procedures should essentially be the same as the other states.

Summary of factual data and analytical methodologies

Not applicable.

Analysis and supporting documentation used to determine effect on small business or in preparation of an economic impact analysis

Not applicable. The requirements of this rule package establish permit processing procedures that are implemented by the Department and affect Department staff, not the permit applicants.

Effect on Small Business

None, the requirements of this rule package affect the Department not the permit applicants.

The Small Business Regulatory Coordinator may be contacted at [e-mail], or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The Department's tentative determination is that proposed Rule Package 6 will not have an economic impact, and we do not anticipate any entity will be economically affected. The requirements of this rule package establish permit processing procedures that are implemented by the Department and affect the Department staff, not the permit applicants. The solicitation notice for comments on the economic impact analysis was posted on November 4, 2013. The Department has not received any comments or requests for information about Rule Package 6.

Agency Contact

Paul W. Luebke, PH

Wisconsin Department of Natural Resources

Bureau of Water Quality WQ/3

101 South Webster Street

P.O. Box 7921

Madison, WI 53707-7921

[e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
NR 200, NR 201, NR 203, and NR 205
3. Subject
Regulatory requirements for the processing of WPDES permits
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			None
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The primary purpose of these rule additions and amendments is to establish clear regulatory requirements for the processing of WPDES permit. In a letter dated July 18, 2011, U.S. Environmental Protection Agency (EPA) identified 75 potential issues with Wisconsin's statutory and regulatory authority for the WPDES permit program. EPA directed the department to either make rule changes to address this inconsistency or obtain a statement from the Attorney General's Office verifying that the existing rule is consistent with federal regulations. The department believes adoption of these rule changes (referred to as Rule Package 6) will address EPA's concerns for 13 of the issues.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
We do not anticipate that any of these groups will be economically affected by this rule package.
11. Identify the local governmental units that participated in the development of this EIA.
Not applicable.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Not applicable. The requirements of this rule package are directed at the WDNR, and will not affect permit applicants.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The department will be in compliance with EPA regulations.
14. Long Range Implications of Implementing the Rule
The department will be in compliance with EPA regulations and will maintain its regulatory authority for WPDES permit programs.
15. Compare With Approaches Being Used by Federal Government
The department rules will be consistent with existing federal regulations with the revisions contained in this rule package. No proposed federal regulations are applicable; none were mentioned in EPA's letter containing the 75 issues the department needed to address.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
All the other U.S. EPA Region 5 states (Illinois, Indiana, Michigan, Minnesota and Ohio) are subject to the U.S. EPA regulations that are delegated to the states for implementation. Wisconsin's rules for permit processing and other permit issuance procedures should essentially be the same as the other states.
17. Contact Name				18. Contact Phone Number
Paul W. Luebke				[phone]

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