Rule-Making Notices (Hearing Notices)

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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—

rulemaking_notices CR 14-029 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.