A copy of the rules to be considered may be obtained from the State Department of Workforce Development, Division of Workforce Excellence, 201 E. Washington Ave., P.O. Box 7972, Madison, WI 53707, by calling (608) 266-5712 or at the appointed times and places the hearings are held.
Interested persons are invited to appear at the hearings and will be afforded the opportunity of making an oral presentations of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings may be submitted no later than October 25, 1996, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Vidal Rodriquez at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.
These hearings are held in accessible facilities. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-5712 or Telecom-Communication Device for the Deaf (TDD) at (608) 267-4077 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Analysis
This rule revises the code enforcement system followed by the Bureau of Migrant Services of the Department of Workforce Development. Its goal is to improve enforcement by rewarding code-compliant camp operators with lower fees and fewer inspection visits while increasing the attention, and the penalty fees, directed at camp operators with serious violations.
Under the proposed rule, the department will refund the camp certificate application fee for a timely applicant if the camp is certified on the basis of the first inspection. If a second visit is necessary for certification, there is no refund of the fee. If a third inspection visit is required, the department will charge an additional fee of $500. If four or more visits are required, the department will charge an additional $750 fee for each additional inspection.
For violations found after a post-occupancy inspection, the proposed rule would replace the current citation system with a system that bases the penalty fee on the gravity of the violation, the probability of harm, and mitigating factors like the compliance history of the employer.
The proposed fee changes have resulted from a review of fees caused by the statutory changes made by 1995 Act 27. The fee for migrant labor contractor certification, now $25 for one year, is changed to $250 for two years. The application fee for operating a migrant labor camp is raised from $10 to $100 plus the cost of water sampling and testing, and the late application fee is raised from $25 to $150 plus the cost of water sampling and testing. (As of now, this cost is about $35 per well.)
Other proposed rule changes will make corrections in cross-references, printing errors, and references to other statutes or legal requirements.
The rule is renumbered from ILHR 301 to DWD 301 to reflect the change in the department's name from the Department of Industry, Labor and Human Relations to the Department of Workforce Development.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Employers that operate migrant labor camps and provide housing to migrant workers.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
This rule doesn't add any new requirements.
3. Types of professional skills necessary for compliance with the rules.
None.
Fiscal Estimate
The 1996 Amendments to DWD 301(Migrant Labor)propose the following: migrant camp registration and labor contractor fee changes, recovery of costs for water sampling and testing, administrative penalty fee assessments that replace the current system of code enforcement based on citations taken to court, and make corrective amendments to the migrant labor code. The proposed fee changes have resulted from a review of fees caused by the statutory changes made by 1995 Act 27.
Migrant Labor Camp Fee Assumptions
125 Migrant labor camps will operate in Wisconsin in 1997; 112(90%) of these will register prior to 4/1/97, and will pay the proposed $100 registration fee; 13 will register after 4/1/97, and will pay the proposed $150 late registration fee; Total Projected Revenues--$13,150; Total Projected Revenues Subject to Refund--$11,200(Due to incentive to register early and be certified on initial visit); Projected Revenue Increase--$1,950; Based on the last 3 years experience, DWD has collected an annual average of $1,748; PROJECTED NET ANNUAL REVENUE INCREASE (GPR)--$202.
Migrant Labor Contractor Fee Assumptions
25 Migrant Labor Contractors will register for permit to operate in Wisconsin in 1997, and will pay the proposed bi-annual fee of $250; Total Projected Annual Revenue--$3,125; Based on the last 3 years experience, DWD has collected an annual average of $261; PROJECTED NET ANNUAL REVENUE INCREASE(GPR)--$2,864.
Private Well Water Sampling and Testing Assumptions
Costs involved with the sampling and testing was previously borne by the DNR, who no longer is able to bear this cost. In 1997, DWD will, thus, sample private wells, at a cost to camp operators of $35 per well, in a projected 125 migrant camps that will result in 300 samples(125 for bacteria, 125 for nitrates and 50 resamplings), and will send them to the state lab of hygiene for testing and results. The state lab of hygiene will then bill DWD for the testing services. Total Projected Revenues--$10,500; Total Projected Expenditures--$10,500; REVENUES WILL EQUAL EXPENDITURES.
Penalty Fee Assessment Assumptions
In 1997, DWD will receive no benefit from the assessment of post-occupancy inspection penalty fees. Any collected fees will go directly to the state treasury. However, DWD is projecting that all violations will be resolved before the penalty fees are assessed. PROJECTED NET ANNUALLY REVENUES INCREASE-$0-.
The projected net total GPR Earned annual revenue increase is $3,066.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
S. HSS 146.03 - Relating to addition of varicella (chicken pox) to list of vaccine-preventable diseases.
Chs. Ins 14 and 51 - Relating to financial standards for insurers.
Chs. NR 158, 700, 705, 706, 708, 712, 716, 722, 724 and 726 - Relating to hazardous substance discharge notification requirements and source confirmation.
S. NR 20.04 (5) - Relating to sport fishing in urban waters.
S. NR 10.01 (1) (b), (g) and (u) - Relating to the 1996 migratory game bird season.
S. NR 20.038 - Relating to special size and bag limits for the Lac du Flambeau reservation.
Securities, Division of (Financial Institutions)
(CR 96-128):
S. SEC 2.01 (1) (c) 5 and (d) 5 - Relating to designating alternative accounting guidelines for the preparation of financial statements for certain governmental issuers of securities.
Ch. Trans 128 - Relating to a traffic violation and registration program.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade & Consumer Protection
(CR 95-97):
An order affecting chs. ATCP 88 and 89, relating to egg grading, handling and labeling.
Effective 11-01-96.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board
(CR 96-49):
An order affecting ss. A-E 3.05, 4.08, 5.04, 6.05, 9.05 and 10.05, relating to examination reviews.
Effective 11-01-96.
Barbering and Cosmetology Examining Board
(CR 96-1):
An order creating s. BC 3.03 (5), relating to booth rental arrangements.
Effective 11-01-96.
An order repealing and recreating s. NR 46.30 (2) (a) to (c), relating to the administration of the Forest Crop Law and the Managed Forest Law.
Effective 11-01-96.
An order affecting chs. NR 140, 724 and 726 and ss. NR 700.03 and 722.07, relating to the closure of hazardous substance spill cases where the Department has determined that naturally-occurring physical, chemical or biological processes will restore groundwater quality within a reasonable period of time.
Effective 11-01-96.
An order creating s. Trans 102.22, relating to commercial driver's license (CDL) waivers for snowplow operators employed by local units of government with populations of less than 3000.
Effective 11-01-96.
An order affecting chs. HSS 201 and 206, relating to participation of Aid to Families with Dependent Children (AFDC) applicants and recipients in the Pay for Performance (PFP) demonstration project.
Effective 11-01-96.
The following administrative rule orders have been adopted and published in the September 30, 1996 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order creating ch. Adm 25, relating to the Information Technology Investment Fund.
Effective 10-01-96.
Agriculture, Trade & Consumer Protection
(CR 95-190):
An order repealing and recreating ch. ATCP 42, relating to commercial feed.
Effective 10-01-97.
