NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 446.02 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss. Chir 5.02 (1) (b) and (2) (a) and 5.03 (2), relating to continuing education courses to include material on chiropractic philosophy.

Date:   March 21, 2002

Time:   8:30 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 5, 2002 to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statute interpreted: s. 446.02 (2), Stats.

Current rules regulating the approval of continuing education courses for the chiropractic profession restrict credit to program subject matter that relates to improving clinical skills. This rule-making order will permit approved continuing education courses in chiropractic to include subject material on chiropractic philosophy. This rule-making order broadens the categories of continuing education programs that can be approved to meet the requirements for the chiropractic profession.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Chir 4.03; and to create s. Chir 4.02 (3), relating to paraphysiological space and the practice of chiropractic.

Date:   March 21, 2002

Time:   9:45 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 4, 2002, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statute interpreted: s. 446.01 (2), Stats.

In a recent opinion of the Attorney General regarding the practice of chiropractic, the definitions of chiropractic that appear in s. 446.01 (2), Stats., and ss. Chir 4.02 and 4.03, contain general language which does not provide specific guidance to chiropractors and to practitioners of other professions. In this proposed rule-making order the board creates additional, more specific language.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09(2), 29.014, 29.089 and 227.11, Stats., interpreting ss. 23.09(2), 29.089, 29.192 and 29.867, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 10, 15, 16 and 17, Wis. Adm. Code, relating to hunting, trapping and captive wildlife. The proposed rule contains the following housekeeping rule changes:

Deer hunting - Defines explosive tips for archery hunting, adds a map of Deer Management Unit 1M to the list of metropolitan deer management units, updates locations where gun deer and muzzleloader hunting is allowed in select wildlife refuges in Marathon County, corrects the date of the one-day youth hunt and provides requirements for public notice prior to special deer season modification.

Pheasant hunting - Updates properties which allow the hunting of hen pheasants and modifies the pheasant harvest regulations for the Bong State Recreation Area hunting zone.

Licensing - Eliminates the requirement that a group's hunting applications be submitted in a single envelope and eliminates the requirement that state waterfowl and turkey stamps be attached to one's hunting license when hunting.

Bear hunting - Extends the deadline for submitting Class A bear hunting license fees to April 15.

Trapping - Clarifies legal hours for trapping.

Commercial deer farms - Repeals language regarding commercial deer farms made obsolete due to statutory changes.

Citations - Corrects inaccurate citations within the administrative code.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.

There is no fiscal effect anticipated.

Written comments on the proposed rule and fiscal estimate may be sent to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 14, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2), 29.014, 29.089, 29.184 and 227.11, Stats., interpreting ss. 23.09 (2), 29.089 and 29.184, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to hunting. The proposed rule will:

1. Eliminate the Blackhawk Lake Wildlife Area from the list of properties where cock and hen pheasant hunting is allowed.

2. Establish a fall turkey hunting season in Mill Bluff State Park.

3. Increase the population goal in bear management zone “C" from 800 to 1,200 bears.

4. Modify the current bow deer harvest registration requirements to allow hunters to register a bow-killed deer up to 3 days following harvest or by 5:00 p.m. on the day after close of a bow season.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 29.014 (1), 29.041 and 227.11 (2) (a), Stats., interpreting ss. 29.014 (1) and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 20, Wis. Adm. Code, relating to fishing on the inland and outlying waters of Wisconsin. The proposed rules will:

1. Simplify the trout fishing regulations by eliminating category 1 (10 bag, no size limit), reducing the different types of special regulations (category 5), and adjusting the regulations on many waters to make them more effective.

2. Establish a minimum distance of 100 yards from all lines within which anglers must remain at all times while fishing during the open water season.

3. Amend the registration deadline for sturgeon speared from the Lake Winnebago system from 6:00 p.m. on the day speared to 1:30 p.m. on the day speared and establish a closed season for sturgeon spearing from 12:30 p.m. to 6:30 a.m. of the following day.

4. Establish a catch-and-release only season for brook trout on Whittlesey creek, Bark river, and their tributaries, Bayfield county.

5. Increase the minimum length limit for largemouth and smallmouth bass from 14" to 18" and reduce the daily bag limit from 5 in total to one in total on the Lower Wisconsin river downstream from the Prairie du Sac dam.

6. Change the gamefish season from a continuous open season to a regular closed season (open from the first Saturday in May to March 1) for Big Green lake, Green Lake county.

7. Increase the minimum length limit from 14" to 18" and reduce the daily bag limit from 5 in total to one in total for bass in Vern Wolf lake, Kenosha county.

8. Reduce the daily bag limit from 25 in total to 10 in total for panfish on Vern Wolf lake, Kenosha county.

9. Increase the minimum length limit from 14" to 18" and reduce the daily bag limit from 5 in total to one in total for bass on Greater Bass lake, Langlade county.

10. Increase the minimum length limit from 34" to 50" on Big Carr lake and North Nokomis lake, and from 45" to 50" on Clear lake, Oneida county.

11. Increase the minimum length limit from 15" to 28" and reduce the daily bag limit from 5 to one for walleye on Bass (Weyerhauser) lake (T34N R9W S16).

12. Increase the minimum length limit from 34" to 40" for muskellunge on Moose lake, Sawyer county.

13. Increase the minimum length from 34" to 45" for muskellunge on the Chippewa Flowage, Sawyer county.

14. Reduce the daily bag limit from 25 in total to 10 in total for panfish on Sissabagama lake, Sawyer county.

15. Increase the minimum length limit from 15" to 28" and reduce the daily bag limit from 5 to one for walleye on Black Dan, Clear, Island and Winter lakes, Sawyer county.

16. Increase the minimum length limit from none to 28" and reduce the daily bag limit from none to one for walleye on Escanaba lake, Vilas county.

17. Establish a 14" to 18" protected slot limit and reduce the daily bag limit from 5 to 3 with only one fish longer than 18" for bass on Lulu lake, Walworth county.

18. Establish a 14" to 18" protected slot limit and reduce the daily bag limit from 5 to 3 with only one fish longer than 18" for bass on Eagle Spring lake, Waukesha county.

19. Modify the daily bag limit for cisco and whitefish to include lake herring and hybrids, and change the daily bag limit from 25 pounds plus one fish to 10 fish in total for cisco (lake herring), whitefish and hybrids on all Great Lakes waters.

20. Increase the minimum length limit from 40" to 50" for muskellunge on Green Bay, Lake Michigan waters north of Waldo Blvd., Lake Michigan tributaries north of Waldo Blvd. upstream to the first dam or lake, all tributary streams, rivers and ditches to Green Bay upstream to the first dam or lake.

21. Change the closed season from a June closure to a May 1 to June 15 closure for yellow perch on Lake Michigan.

22. Increase the minimum length limit from 15" to 20" and reduce the daily bag limit from 5 to one for brook trout on Lake Superior.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m., on April 8, 2002, the County Conservation Congress for each county will hold its election of delegates. Upon completion of the delegate election, the joint spring hearing/Conservation Congress meeting will convene to take comments on the above rule modifications.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 8, 2002 at 7:00 p.m. in the following locations:

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Al Phelan at (608) 266-0580 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule revisions for wildlife may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed rule revisions for fisheries may be submitted to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked no later than April 9, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. Written comments will NOT, however, be counted as spring hearing votes.

It is not expected that these changes will result in a fiscal impact.

A copy of the proposed rule and fiscal estimates may be obtained from Mr. Al Phelan, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-0580.

NOTICE IS HEREBY GIVEN that pursuant to chs. 281 and 283, Stats., interpreting ss. 283.15 and 283.31, Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 106.145 and revisions to chs. NR 211 and 219, Wis. Adm. Code, relating to regulating mercury in wastewater discharge permits. The proposed rule adds a new high-sensitivity analytical method to ch. NR 219 that allows mercury to be accurately measured in surface waters and wastewater effluents. Proposed s. NR 106.145 makes a finding that wastewater treatment technology for mercury is impractical and requires wastewater permittees to implement pollution prevention programs in exchange for water quality standards variances. Proposed s. NR 211.41 requires municipal entities to impose source reduction measures on users of their sewer systems.

Additional information can be found by visiting the Department Internet page at:
ww.dnr.state.wi.us/org/water/wm/ww/index.htm which is the Department's WPDES permits web site, and then clicking on “Mercury in Wastewater Strategy".

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

March 13, 2002   Room 611B, GEF #2,

Wednesday     101 South Webster St., Madison

at 10:00 a.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Tom Mugan at (608) 266-7420 with specific information on your request at least 10 days before the date of the scheduled hearing.

The Department anticipates no fiscal impact to the state or local governments. The Department has been working with the regulated community on mercury source reduction for years. These rules provide a more systematic means of accomplishing for mercury the intent of rules aimed at limiting the release of toxic pollutants to waters of the state, and are not expected to increase the Department's workload.

Written comments on the proposed rule may be submitted to Mr. Thomas Mugan, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 20, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Mugan.

NOTICE IS HEREBY GIVEN that pursuant to chs. 23, 30, 31 and 281 and s. 227.11 (2) (a), Stats., interpreting chs. 23, 30, 31 and 281, Stats., the Department of Natural Resources will hold public hearings on the creation of ch. NR 353, Wis. Adm. Code, relating to wetland conservation activities. To encourage wetland conservation and management projects, the department is proposing to create a general permit process for specific activities used in wetland conservation projects. In addition, the proposed rule establishes a process to authorize maintenance activities by owners of existing wetlands.

For projects whose purpose is wetland conservation, the rule identifies certain activities which, if planned and carried out according to Natural Resources Conservation Service national criteria, will be permitted using a simple general permit procedure. Activities not meeting the rule's requirements will be processed using existing permitting procedures. But in all cases, the rule requires staff to weigh the overall benefits of restoring wetlands versus the potential adverse impacts to other aquatic resources or public rights. The rule also creates a procedure to approve maintenance of preexisting wetland conservation projects.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to 227.11 (2) and 281.36, Stats., interpreting s. 281.36 (4) to (6), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 299 and 300 and the creation of chs. NR 351 and 352, Wis. Adm. Code, relating to permit and water quality certification time limits, exempt activities in nonfederal wetlands and the identification and delineation of nonfederal wetlands. The proposed revisions to chs. NR 299 and 300 consolidate water regulation permit and water quality certification time limits into one code, ch. NR 300. Currently there are differing time limits for similar actions.

Proposed ch. NR 351 identifies all federal laws, interpretations of federal law, guidance documents and Memorandum of Agreements or Memorandums of Understanding between federal agencies relative to the exemptions of certain activities from regulatory requirements of the Clean Water Act for the purpose of making the exemptions under s. 281.36 (4) and (5), Stats., consistent with existing federal law.

Proposed ch. NR 352 incorporates the use of the 1987 U.S. Army Corps of Engineers wetland delineation manual and federal interpretations and guidance documents into the Wis. Adm. Code for use in nonfederal wetlands.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

March 12, 2002   Room 027, GEF #2,

Tuesday     101 South Webster, Madison

    at 2:00 p.m.

March 13, 2002   Conference Rooms A & B,

Wednesday     Oshkosh Public Library,

    106 Washington Ave.,

    Oshkosh

    at 5:00 p.m.

March 14, 2002   Conference Room,

Thursday     DNR West Central Region Hdqrs.,

    1300 W. Clairemont,  

    Eau Claire           at 5:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Hausmann at (608) 266-7360 with specific information on your request at least 10 days before the date of the scheduled hearing.

The Department expects no fiscal impact to state or local governments associated with these rule changes. The duties associated with these rules are already performed by Department staff.

Written comments on the proposed rule may be submitted to Mr. Scott Hausmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than March 22, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Hausmann.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 and 285.78, Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 437 and revisions to ch. NR 484, Wis. Adm. Code, relating to the establishment and operation of a voluntary multi-pollutant emission reduction registry. Proposed ch. NR 437 specifies which greenhouse gases and air contaminants are included, which entities are eligible to participate, how baselines are determined, how emission reductions are quantified, and how to register reductions. The proposed rule will also incorporate by reference a number of new documents in ch. NR 484.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

March 20, 2002   Room 511 GEF #2,

Wednesday     101 South Webster Street, Madison

    at 10:00 a.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Eric Mosher at (608) 266-3010 with specific information on your request at least 10 days before the date of the scheduled hearing.

The emission reduction registry will require a startup period followed by routine operation of the system. Most of the initial cost of establishing the registry will be in developing the database, web page, and application forms. Some programming work will also be necessary to add a registry module to the Consolidated Reporting System.

Estimated startup cost = 1/2 FTE for one year = $30,000 + $5,000 outreach costs + $10,000 programming costs = $45,000.

This cost will be absorbed within the existing Air Program budget through reallocation and redirection of resources involving the existing climate change staff and possible one or more interns.

Estimated costs for ongoing operation of the registry = 1/4 FTE = $15,000 per year.

This cost will also be absorbed within the existing Air Program budget through reallocation of resources.

Assumptions:

1 FTE = $60,000 per year.

Estimated number of registry applications = 10 to 50 per year.

Air Management staff have the knowledge and skills needed to develop the registry database, web page, and application forms.

No outside contractor will need to be hired.

Written comments on the proposed rule may be submitted to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, no later than March 29, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing.

A copy of proposed rule AM-3-02 and its fiscal estimate may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone: (608) 266-7718

FAX: (608) 267-0560

NOTICE IS HEREBY GIVEN that pursuant to ss. 160.19, 280.11 (1), 281.11, 281.12 (1), 281.13 (3), 281.17 (8) and 281.41, Stats., interpreting ss. 160.19 (2) and (3), 280.11 (1), 281.17 (8) and 281.41, Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 811.02 and the creation of subch. IX to ch. NR 811, Wis. Adm. Code, relating to the development of an aquifer storage recovery well or the operation of an aquifer storage recovery system by a municipal water utility.

The proposed rules define terms and create regulatory requirements which are necessary to comply with existing federal regulations pertaining to the quality of drinking water provided by a public water system and the control of underground injection wells. The proposed rules describe the submittal requirements for Department review of a request by a municipal water utility to develop an aquifer storage recover well or operate an aquifer storage recovery system and identifies the minimum operational standards for ensuring that human health is maintained and that the groundwater resources of the state are adequately protected from contamination.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

March 12, 2002   3rd Floor Conference Room, GEF #2,

Tuesday     125 S. Webster, Madison

    at 9:00 a.m.

March 13, 2002   Council Chambers, Oak Creek

Wednesday     City Hall, 8640 S. Howell Ave.,

    Oak Creek

    at 1:00 p.m.

March 14, 2002   Room 310, Green Bay City Hall,

Thursday     100 N. Jefferson St., Green Bay

    at 1:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Richard Roth at (608) 266-2438 with specific information on your request at least 10 days before the date of the scheduled hearing.

The Department of Natural Resources has estimated that adoption of these rules will not have any significant fiscal impact on either state or local government operations

The rules being proposed will provide municipal water utilities with additional flexibility in the design and operation of water treatment and distribution facilities.

Written comments on the proposed rule may be submitted to Mr. Richard Roth, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than April 1, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Roth.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Occupational Therapists Affiliated Credentialing Board ss. 15.085 (5) (b) and 227.22 (2), Stats., and ss. 448.956, 448.961, 448.962, 448.963, 448.965, 448.966, 448.967, 448.968, 448.969 and 448.970, Stats., as created by 1999 Wisconsin Act 180, and interpreting ss. 448.956, 448.961, 448.962, 448.96, 448.963, 448.965, 448.966, 448.967, 448.968, 448.969 and 448.970, Stats., the Occupational Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create chapters OT 1 to 5, relating to the licensure and regulation of occupational therapists and occupational therapy assistants.

Date:   March 22, 2002

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 19, 2002, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.085 (5) (b) and 227.11 (2), Stats., and ss. 448.956, 448.961, 448.962, 448.96, 448.963, 448.965, 448.966, 448.967, 448.968, 448.969 and 448.970, Stats., as created by 1999 Wis. Act 180.

Statutes interpreted: ss. 448.956, 448.961, 448.962, 448.96, 448.963, 448.965, 448.966, 448.967, 448.968, 448.969 and 448.970, Stats.

1999 Wis. Act 180, creates ch. 448, Subchapter VII, Occupational Therapists Affiliated Credentialing Board. The board creates chs. OT 1 to 5 relating to the licensure and regulation of occupational therapists and occupational therapy assistants.

The anticipated fiscal effect on the fiscal liability and revenues of any local units of government of the proposed rule is: $0.00.

The projected anticipated state fiscal effect during the current biennium of the proposed rule is $0.00.

The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

The proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O Box 8935, Madison, WI 53708 (608) 266-0495.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 455.045, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Psy 2.02 (2) and (3), relating to the scheduling of examinations.

Date:   March 27, 2002

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  Room 180

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 12, 2002, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.

Statute interpreted: s. 455.045, Stats.

Currently, s. Psy 2.02, Wis. Admin. Code, requires that the board schedule examinations on the professional practice of psychology at least twice a year. Examinations are now administered by computer. This proposed rule-making order will eliminate a lengthy lead time prior to the examination that was needed when the examination was administered and scored manually. The same rule requires an applicant to complete all application materials “before the first of the month immediately prior to" a board meeting before taking the examination on the elements of practice essential to the public health, safety or welfare. Since the board meets on a different date each month, another proposed rule change would make the lead time for this requirement easier to administer.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

Notice is hereby given that, pursuant to ss. 71.80 (1) (c) and 227.11 (2) (a), Stats., and interpreting ss. 71.01 (5) (g), 71.03 (2), 71.20 (1), 71.55 (3), 71.80 (18), 77.51 (3r), 77.58 and 77.75, Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of rules relating to returns of persons other than corporations that relate to income, and sales and use tax returns.

The hearing will be held at 1:00 p.m. on Tuesday, March 12, 2002, in Room 6N-8 (6th floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, WIsconsin.

Handicap access is available at the hearing location.

Statutory authority: ss. 71.80 (1) (c) and 227.11 (2) (a), Stats.

Statutes interpreted: ss. 71.01 (5) (g), 71.03 (2), 71.20 (1), 71.55 (3), 71.80 (18), 77.51 (3r), 77.58 and 77.75, Stats.

SECTION 1. Tax 2.08 (1) (a) 2. and 3. are revised, to conform language to Legislative Council Rules Clearinghouse (“Clearinghouse") standards.

SECTIONS 2 AND 5. Tax 2.08 (1) (a) 4., 5., 6. to 15. and 17. to 28. are renumbered Tax 2.08 (1) (a) 5., 6., 9. to 22., 24. and 26. to 32., due to the addition and deletion of forms as described in sections 3, 4 and 6.

As renumbered, Tax 2.08 (1) (a) 6. is revised, to provide that form 1X is used to amend telefile and netfile returns.

As renumbered, Tax 2.08 (1) (a) 15. is revised, to include information about forms described in section 3.

As renumbered, Tax 2.08 (1) (a) 18. is revised, to correct the name of schedule DC.

SECTIONS 3 AND 6. Tax 2.08 (1) (a) 4., 7., 8., 23. and 25. are created, to list new or previously unlisted forms.

SECTION 4. Tax 2.08 (1) (a) 16. is repealed, to remove obsolete schedule EICW.

SECTION 7. Tax 2.08 (1) (b) 3. is revised, to change the name of form 3S as a result of replacing the temporary recycling surcharge with a recycling surcharge.

SECTIONS 8 AND 9. Tax 2.08 (1) (b) 5. and 6. are renumbered Tax 2.08 (1) (b) 7. and 8., due to the addition of forms as described below.

As renumbered, Tax 2.08 (1) (b) 7. is revised, to correct the name of schedule DC.

Tax 2.08 (1) (b) 5. and 6. are created, to list new or previously unlisted forms.

SECTION 10. Tax 2.08 (3) is renumbered Tax 2.08 (3) (a) (intro.) and revised, to reflect the creation of subdivisions 1. to 3. as explained in section 11.

SECTION 11. Tax 2.08 (3) (a) 1. to 3. are created, to provide updated filing procedures, including filing by electronic means and delivering as prescribed per the creation of s. 71.01 (5g), Stats., and the amendment to s. 71.80 (18), Stats., by 1997 Wis. Act 27.

Tax 2.08 (3) (b) to (e) are created, to provide authority for the department to require certain tax return preparers and tax preparation firms to file returns by electronic means, and to provide exceptions to the requirement.

Both notes at the end of Tax 2.08 are revised, to update the department office location and mailing address and to include additional statutory references.

SECTION 12. Tax 11.01 (1) (title) is created, to clarify the context of the subsection.

SECTION 13. Tax 11.01 (1) (b) is revised, to provide that the form may also be used to file refund claims or report additional taxes for prior periods.

SECTIONS 14 AND 16. Tax 11.01 (1) (c), (d), (e) and (h) are repealed, to remove obsolete forms S-013, S-014, SU-002 and S-108.

SECTIONS 15 AND 17. As a result of the repeals in sections 14 and 16, Tax 11.01 (1) (f) and (g) are renumbered Tax 11.01 (1) (c) and (d), and Tax 11.01 (1) (i) to (k) are renumbered Tax 11.01 (1) (e) to (g).

As renumbered, Tax 11.01 (1) (d) is revised, to reflect the new number of the department of transportation form for aircraft sales.

SECTION 18. Tax 11.01 (2) is repealed and recreated, to provide updated filing procedures, including filing by electronic means and delivering as prescribed per the creation of s. 77.51 (3r), Stats., by 1997 Wis. Act 27; to provide authority for the department to require that certain sales and use tax returns be filed by electronic means and provide exceptions to the requirement; and to move an address to a note, per Clearinghouse standards.

Both notes at the end of Tax 11.01 are revised, to provide the department office location and update the mailing address, and to include an additional statutory reference.

SECTION 1. Tax 2.08 (1) (a) 2. and 3. are amended to read:

Tax 2.08 (1) (a) 2. Form 1A. Income tax. This is an optional short form return which that may be used by individuals who are full-year Wisconsin residents and filing as married filing a joint return, head of household or single.

3. Form WI-Z. Income tax. This is an optional short form return which that may be used by individuals who are full-year Wisconsin residents and filing as married filing a joint return or single.

SECTION 2. Tax 2.08 (1) (a) 4., 5. and 6. to 15. are renumbered Tax 2.08 (1) (a) 5., 6. and 9. to 18. and as renumbered Tax 2.08 (1) (a) 6., 15. and 18. are amended to read:

Tax 2.08 (1) (a) 6. Form 1X. Income tax - amended return. This return may be used by full-year Wisconsin resident individuals to amend form 1, 1A or WI-Z , or returns filed using telefile or netfile.

15. Form CN-ES. Composite estimated tax voucher. This form may be used by nonresident athletes, directors, partners, members or shareholders using form 1CNA, 1CND, 1CNP or 1CNS.

18. Schedule DC. Development zone credits zones credit.

SECTION 3. Tax 2.08 (1) (a) 4., 7. and 8. are created read:

Tax 2.08 (1) (a) 4. Telefile and netfile worksheet. Income tax. This is a worksheet that may be used by single individuals under age 65 who file by telephone using telefile or by computer using netfile. Only eligible individuals who have been selected by the department to file in this manner may use telefile or netfile.

7. Form 1CNA. Combined individual income tax return for nonresident members of professional athletic teams.

8. Form 1CND. Combined individual income tax return for nonresident directors of corporations.

SECTION 4. Tax 2.08 (1) (a) 16. is repealed.

SECTION 5. Tax 2.08 (1) (a) 17. to 20., 21. and 22. to 28. are renumbered Tax 2.08 (1) (a) 19. to 22., 24. and 26. to 32.

SECTION 6. Tax 2.08 (1) (a) 23. and 25. are created to read:

Tax 2.08 (1) (a) 23. Schedule MS. Manufacturer's sales tax credit.

25. Schedule RS. Recycling surcharge.

SECTION 7. Tax 2.08 (1) (b) 3. is amended to read:

Tax 2.08 (1) (b) 3. Form 3S. Partnership temporary recycling surcharge.

SECTION 8. Tax 2.08 (1) (b) 5. and 6. are renumbered Tax 2.08 (1) (b) 7. and 8. and as renumbered Tax 2.08 (1) (b) 7. is amended to read:

Tax 2.08 (1) (b) 7. Schedule D DC. Development zone credits zones credit.

SECTION 9. Tax 2.08 (1) (b) 5. and 6. are created to read:

Tax 2.08 (1) (b) 5. Form 3U. Underpayment of estimated recycling surcharge by partnerships.

6. Schedule 3Z. Manufacturer's sales tax credit.

SECTION 10. Tax 2.08 (3) is renumbered Tax 2.08 (3) (a) (intro.) and amended to read:

Tax 2.08 (3) (a) (intro.) All forms and information required to be filed or furnished by persons other than corporations shall be filed or furnished by providing the information requested on the appropriate forms, signing the returns or forms as appropriate ,and delivering them to the department or mailing them to the address specified by the department on the form or in the instructions. and submitting them by one of the following means:

SECTION 11. Tax 2.08 (3) (a) 1. to 3., (b), (c), (d) and (e) are created to read:

Tax 2.08 (3) (a) 1. Mailing them to the address specified by the department on the form or in the instructions.

2. Delivering them to the department or to the destination that the department or the department of administration prescribes.

3. Filing them by the use of electronic means as prescribed by the department.

Note to Revisor: Insert the following note at the end of Tax 2.08 (3) (a):

Note: The destination for delivering forms that the department or the department of administration prescribes and the type of electronic means the department prescribes for filing forms shall be stated on the forms or in the instructions, on the department's internet web site at www.dor.state.wi.us or in the department's quarterly newsletter titled “Wisconsin Tax Bulletin" or other written material.

(b) The department may require a tax return preparer or tax preparation firm to file certain returns prepared by that tax return preparer or tax preparation firm by electronic means. The department shall notify tax return preparers and tax preparation firms by October 1 of any year of the requirement to use electronic means. The requirement to file returns by electronic means shall be effective beginning January 1 of the year following notification.

(c) Paragraph (b) does not apply to a return if the taxpayer has indicated on the return that the taxpayer did not want the return filed by electronic means.

(d) The secretary of revenue may waive the requirement to file by electronic means when the secretary determines that the requirement causes an undue hardship, if the tax return preparer or tax preparation firm otherwise required to file by electronic means does all of the following:

1. Requests the waiver in writing.

Note: Written waiver requests should be addressed to Wisconsin Department of Revenue, Secretary's Office, Mail Stop 3-258, PO Box 8903, Madison WI 53708-8903.

2. Clearly indicates why the requirement causes an undue hardship.

(e) In determining whether the electronic means requirement causes an undue hardship, the secretary of revenue may consider the following factors:

1. Unusual circumstances that may prevent the person from filing by electronic means.

Example: The tax return preparer does not have access to a computer that is connected to the internet.

2. Any other factor that the secretary determines is pertinent.

Note to Revisor: Replace the 2 notes at the end of Tax 2.08 with the following:

Note: Forms may be delivered in person to the Department of Revenue at 2135 Rimrock Road, Madison, Wisconsin. Blank forms may be obtained at the same location, by calling (608) 266-1961 or by writing to Wisconsin Department of Revenue, Forms Request Office, Mail Stop 1-151, PO Box 8951, Madison WI 53708-8951.

Note: Section Tax 2.08 interprets ss. 71.01 (5g), 71.03 (2), 71.20 (1), 71.55 (3) and 71.80 (18), Stats.

SECTION 12. Tax 11.01 (1) (title) is created to read:

Tax 11.01 (1) (title) FORMS.

SECTION 13. Tax 11.01 (1) (b) is amended to read:

Tax 11.01 (1) (b) Form S-012. Also called form ST-12. The monthly, quarterly or annual return used to report state, county and stadium taxes by persons holding a Wisconsin seller's permit, use tax registration certificate or consumer's use tax registration certificate. This form is also used to file refund claims or report additional taxes for prior periods.

SECTION 14. Tax 11.01 (1) (c), (d) and (e) are repealed.

SECTION 15. Tax 11.01 (1) (f) and (g) are renumbered Tax 11.01 (1) (c) and (d) and as renumbered Tax 11.01 (1) (d) is amended to read:

Tax 11.01 (1) (d). Form AR-1 DT 1556 . A department of transportation form for occasional and dealer sales of aircraft.

SECTION 16. Tax 11.01 (1) (h) is repealed.

SECTION 17. Tax 11.01 (1) (i), (j) and (k) are renumbered Tax 11.01 (1) (e), (f) and (g).

SECTION 18. Tax 11.01 (2) is repealed and recreated to read:

Tax 11.01 (2) FILING RETURNS. (a) Forms required to be filed shall be submitted by one of the following means:

1. Mailing them to the address specified by the department on the forms or in the instructions.

2. Delivering them to the department or to the destination that the department prescribes.

3. Filing them electronically via the department's sales internet process, or “SIP," or some other electronic means prescribed by the department.

Note: Information about SIP is found in Wisconsin Publication 227, “E-File Sales Tax Returns With S.I.P.," which is available from any Wisconsin Department of Revenue office or online at: ww.dor.state.wi.us/ht ml/taxpubs.html.

(b) The department may require a person registered or required to be registered for Wisconsin sales and use tax purposes to file its sales and use tax return by electronic means. The department shall notify the person at least 90 days prior to the due date of the first sales and use tax return required to be filed by electronic means of the requirement to file by electronic means. In its notice, the department shall indicate the period covered for the first return to be filed by electronic means.

(c) The secretary of revenue may waive the requirement for a person to file by electronic means when the secretary determines that the requirement causes an undue hardship, if the person does all of the following:

1. Requests the waiver in writing.

Note: Written requests should be addressed to Wisconsin Department of Revenue, Secretary's Office, Mail Stop 3-258, PO Box 8903, Madison WI 53708-8903.

2. Clearly indicates why the requirement causes an undue hardship.

(d) In determining whether the electronic means requirement causes an undue hardship, the secretary of revenue may consider the following factors:

1. Unusual circumstances that may prevent the person from using electronic means.

Example: The person does not have access to a computer that is connected to the internet.

2. Any other factor that the secretary determines is pertinent.

Note to Revisor: Replace the 2 notes at the end of Tax 11.01 with the following:

Note: Department of Revenue forms may be delivered in person to the Department of Revenue at 2135 Rimrock Road, Madison, Wisconsin. Blank Department of Revenue forms may be obtained at the same location, by calling (608) 266-2776 or by writing to Wisconsin Department of Revenue, Mail Stop 5-77, PO Box 8902, Madison WI 53708-8902.

Note: Section Tax 11.01 interprets ss. 77.51 (3r), 77.58 and 77.75, Stats.

The rules contained in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s. 227.22 (2) (intro.), Stats.

This proposed rule order does not have a significant economic impact on a substantial number of small businesses.

The proposed rule order would update the income and sales tax returns and other forms listed in the Administrative Code. It would update filing procedures, including procedures for electronic filing, and indicate when filing by electronic means is required and when exceptions to that requirement are allowed. The changes have no fiscal impact.

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than March 19, 2002, and will be given the same consideration as testimony presented at the hearing.

Mark Wipperfurth

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

PO Box 8933

Madison WI 53708-8933

Telephone (608) 266-8253

E-mail: mwipperf@dor.state.wi.us.