Notice is hereby given that pursuant to ss. 16.004 (1), 16.358 (2) and 227.11 (2) (a), Stats., and interpreting s. 16.358, Stats., the Department of Administration will hold a public hearing to consider amendments to ch. Adm 19 of the Wisconsin Administrative Code, relating to small cities community development block grants for housing.

Date:   March 6, 2003

Time:   1:00 p.m. to 3:00 p.m.

Location:   Portage County Annex

  1462 Strongs Avenue

  Stevens Point, WI

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by March 13, 2003, to be included in the record of rule-making proceedings.

The proposed rule is not expected to have any state fiscal effect. The current grant application process, including an intensive survey of potential beneficiaries is very complex. Most applicants (local units of government) do not have the necessary staff and expertise and must spend $5,000 to $8,000 to hire a consultant to complete the survey and application for them. Participating consultants estimate the actual cost of writing the grant application to be approximately twice what they charge their clients. In the most recent funding year, approximately 85% of the applicants hired consultants. The balance of the applications were written “in house." The proposed rule amendment, had it been enacted for the most recent round of funding, would have saved local units of government who hired a consultant to write their application at total of at least $145,000. Localities writing their own applications would have saved an estimated 150 staff hours each.

Donna Sorenson

Department of Administration

101 E. Wilson St., 10th Floor

P.O. Box 7864

Madison, WI 53707-7864

(608) 266-2887

The Department of Administration proposes an order to repeal s. Adm 19.02 (6) and (7) and to repeal and recreate ss. Adm 19.04, 19.05 and 19.08, relating to small cities community development block grants for housing.

Statutory Authority: ss. 16.004 (1), 16.358 (2) and 227.11, Stats.

Statute Interpreted: s. 16.358, Stats.

The Department proposes to modify the rule to streamline and simplify the grant application process for communities within the State. The proposed amendment will reduce the steps and paperwork that a community must complete before it can apply for funds. Under the proposed rule, applications would be grouped by region with census data utilized to rank them according to need, ensuring an equitable geographic distribution of funds.

The majority of CDBG funds will be used for the rehabilitation of low- to moderate-income housing units. The set-aside for Emergency Assistance will be continued and a new set-aside for special projects will be established. The purpose of these changes is to allow communities to request CDBG funds based on the need within their community, not in an effort to score points so they can be funded.

There will be no significant impact on small businesses.

TEXT OF RULE:

SECTION 1: Adm 19.02(6) and (7) are repealed.

SECTION 2: Adm 19.04, 19.05 and 19.08 are repealed and recreated to read:

Adm 19.04 Housing rehabilitation and homeownership assistance. Applicants shall be compared and rated by the department based upon the department's evaluation of the proposal's consistency with s. 16.31, Stats., and 24 CFR part 570, and the scoring criteria in the CDBG application package. Applicants shall be eligible to receive funding for housing rehabilitation, homeownership assistance, and housing-related public facilities based on established and documented need and the applicant's ability to complete the proposed activities. The department shall ensure that awarded grant funds are reasonably balanced among geographic areas of the state.

Adm 19.05 Application process. The department shall make funds available annually as those funds are made available by the federal department of housing and urban development. To receive funds under the program, an eligible applicant shall submit an application which is complete and in the format required by the department. The department shall make housing rehabilitation and homeownership assistance awards to fundable applications on an annual basis. The department shall make special project awards to eligible applicants as projects are ready for funding under the criteria established by the department and as funding becomes available.

Adm 19.08 Special projects. The department may use at least $750,000 annually from the program for special housing projects. Funds not awarded within 12 months may be included in the funding available for housing rehabilitation and homeownership activities under s. Adm 19.04. The department shall make special project awards to eligible applicants as projects are ready for funding under the criteria established by the department and as funding becomes available.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in ss. 15.08 (5) (b) and 227.11 (2) Stats., and ss. 441.15 (2) (c), 441. (3) (a) 3. and 411/15 (5), as created by 2001 Wisconsin Act 52, and s. 441.15 (3) (bm), Stats., as amended by 2001 Wisconsin Act 52, and interpreting ss. 441.15 (2) (c), 441.15 (3) (a) 3., 441.15 (3) (bm) and 441.15 (5) (b), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an emergency rule relating to malpractice insurance coverage for nurse-midwives.

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 March 21, 2003 to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 441.15 (2) (c), 441.15 (3) (a) 3. and 411.15 (5), as created by 2001 Wisconsin Act 52, and s. 441.15 (3) (bm), as amended by 2001 Wisconsin Act 52.

Statutes interpreted: s. 441.15 (2) (c), 441.15 (3) (a) 3., 441.15 (3) (bm) and 441.15 (5) (b), Stats.

2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by rules to be promulgated by the Board of Nursing. This rule establishes those requirements relating to malpractice coverage for nurse-midwives.

Using the procedure under s. 227.24, Stats., the Board of Nursing will promulgate the rules as created by 2001 Wisconsin Act 52, for the period before permanent rules become effective.

TEXT OF RULE

SECTION 1. N 4.10 is created to read:

N 4.10 Malpractice insurance coverage. (1) Nurse-midwives shall maintain in effect malpractice insurance evidenced by one of the following:

(a) Personal liability coverage in the amounts specified in s. 665.23 (4), Stats.

(b) Coverage under a group liability policy providing individual coverage for the nurse-midwife in the amounts set forth in s. 655.23 (4), Stats.

(2) Notwithstanding sub. (1), malpractice insurance is not required for any of the following:

(a) A nurse-midwife who practices as an employee of this state or a governmental subdivision, as defined under s. 180.0103, Stats.

(b) A nurse-midwife who practices as an employee of the federal public health service under 42 USC 233 (g).

(c) A nurse-midwife who does not provide care for patients.

(3) A nurse-midwife shall submit to the board satisfactory evidence that he or she has in effect malpractice insurance required by sub. (1) at the time established for credential renewal under s. 440.08 (2) (a) 50., Stats.

The estimated cost associated with enforcement of the rule is $1,250 annually. This cost is based on the annual review of evidence of insurance and follow-up with credential holders where appropriate.

(125 holders @ $10.00/holder = $1,250.00.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 441.15 (2) (c), 441.15 (3) (a) 3. and 441.15 (5), Stats., as created by 2001 Wisconsin Act 52, and s. 441.(3) (bm), Stats., as amended by 2001 Wisconsin Act 52, and interpreting ss. 441.15 (2) (c), 441.15 (3) (bm) and 441.15 (5) (b), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below relating to the practice of nurse-midwives.

Date:   March 7, 2003

Time:   9:15 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 March 21, 2003 to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and ss. 441.15 (2) (c), 441.15 (3) (a) 3. and 441.15 (5), Stats., as created by 2001 Wisconsin Act 52, and s. 441.(3) (bm), Stats., as amended by 2001 Wisconsin Act 52.

Statutes interpreted: s. 441.15 (2) (c), 441.15 (3) (bm) and 441.15 (5) (b), Stats.

2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by these rules. Also, throughout the rule-making order words are capitalized in accordance with the Administrative Rules Procedural Manual at s. 1.01 (4), on page 3 on the Manual.

Section 1 is amended to include the malpractice insurance requirements.

Section 2 is amended to update the definition of complications that are consistent with the standards of practice of the American College of Nurse-Midwives.

Section 3 creates a definition of collaboration.

Section 4 amends the definition of formal written agreement to written agreement.

Sections 5 and 6 repeal requirements that are no longer required.

Section 7 renumbers a subsection.

Section 8 updates the requirements for licensure and Section 9 amends the application procedures for licensure. Section 9 also, and Section 10 provides a second certification council.

Sections 11 and 12 modify the scope of practice relating to referrals.

Section 13 creates the malpractice insurance coverage for nurse-midwives.

The estimated cost associated with enforcement of this rule is $1,250 annually. This cost is based on the annual review of evidence of insurance and follow-up with credential holders where appropriate. (125 holders @$10.00 = $1,250.00)

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 Physical Therapists Affiliated Credentialing Board in ss. 15.085 (5) (b ) and 227.11 (2), Stats., and ss. 448.527, 448.55, 448.564 and 448.567, Stats., as created by 2001 Wisconsin Act 70, and interpreting ss. 448.527, 448.55, 448.56, 448.564 and 448.567, Stats., the Physical Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to repeal the Notes following PT 1.03 (1) (c) and (1) (d) 4., to renumber and amend PT 3.01 (4) and 6.01 (1) (intro.); to amend PT 1.01, 1.02 (intro.), (2) and (6), 1.03 (1) (intro.), (c), (d) (intro.), 2., (2), (3) (a) to (d) and the Note following PT 1.03 (3) (d), 2.01(1) (h), (i), (6) (a) and (b), (8) (intro.), 3.01 (1) and (3), ch. PT 5 (title), 5.01 (title) and (intro.), (5) and (6), 5.02(title), (intro.), (1), (2), (4) to (6) and (8) to (9), 7.01, 7.02 (1), 8.01; and to create a Note following PT 1.03 (2), 2.04, 3.01 (4), (6) and (7), 4.01 (1) (d), 5.02 (10), 6.01 (1) (a) to (c), (2) and (3), 7.02 (19), (20), (21), 7.03 and 7.04 and Chapter PT 9, relating to physical therapists and physical therapy aides.

Date:   March 4, 2003

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, WI

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 March 21, 2003 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. 448.527, 448.55, 448.56, 448.564 and 448.567, Stats., as created by 2001 Wisconsin Act 70.

Statutes interpreted: ss. 448.527, 448.55, 448.56, 448.564 and 448.567, Stats.

This proposed rule-making order implements 2001 Wisconsin Act 70, relating to the licensing of physical therapists and physical therapist assistants and granting rule-making authority. The Act makes a number of changes to the provisions affecting the practice of physical therapy and physical therapist assistants, as well as requirements relating to continuing education.

Section 1 amends the authority to include the amended and new statutory language brought about by Act 70.

Section 2 amends the definitions of “FSBPT" and “physical therapy aide."

Section 3 simply adds two words for clarification.

Section 4 repeals a Note that no longer is needed.

Section 5 is amended to include the physical therapist assistants' requirements.

Section 6 repeals a Note that is no longer needed.

Section 7 is amended to include the physical therapist assistant's requirements.

Section 8 creates a Note that refers to foreign graduate evaluation services.

Section 9 is amended to include the physical therapist assistant requirements and also amends the Note providing the change in the Commission on Accreditation.

Section 10 is amended to include the physical therapist assistant educational programs.

Section 11 creates the examination requirements.

Section 12 is amended to include the physical therapist assistant examination.

Section 13 is amended to repeal outdated information.

Sections 14 and (15) are amended to clarify the supervision of a person holding a temporary license.

Section 16 is created to provide a letter from an organization or facility requesting the applicant's services.

Sections 17, 18 and 19 amend the requirements of supervision of physical therapist assistants and physical therapy aides, such as the description of aspects of patient care; examinations, supervision; and patient related tasks.

Section 20 repeals some services for referrals and Section 21 creates types of services for referrals.

Section 22 amends several statutory sites.

Section 23 is created to include other conduct that relates to unprofessional conduct.

Section 24 amends a statutory site.

Section 25 creates Chapter 9, continuing education that includes definitions. requirements, standards for approval of continuing education programs, tables of activities that qualify for continuing education hours, and the number of hours, and what constitutes proof of attendance at continuing education programs that may be required for renewal.

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, or by e-mail at pamela.haack@drl.state.wi.us.

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.15 (1), 85.22 (3) (h) and 227.11 (2), Stats., and interpreting s. 85.22, Stats., the Department of Transportation will hold a public hearing in Room 951 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 4th day of March, 2003, at 11:00 a.m., to consider the amendment of ch. Trans 2, Wisconsin Administrative Code, relating to the elderly and disabled transportation capital assistance program.

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

The public record on this proposed rule making will be held open until March 14, 2003, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Diane Poole, Department of Transportation, Bureau of Transit and Local Roads, Room 951, P.O. Box 7913, Madison, WI 53707-7913.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Statutory Authority: ss. 85.15 (1), 85.22 (3) (h) and 227.11 (2), Stats.

Statutes Interpreted: s. 85.22, Stats.

General Summary of Proposed Rule. Chapter Trans 2 establishes the Department's administrative interpretation of s. 85.22, Stats., including the administration of assistance under the federal sec. 5310 program (formerly sec. 16), and prescribes administrative policies and procedures for implementing the elderly and disabled transportation capital assistance program authorized under s. 85.22, Stats. The purpose of this rule making is to clarify existing provisions of the rule as well as incorporate changes to reflect current program policy and conditions and improve program administrative procedures.

This proposed rule:

Changes the grant cycle from a one-year cycle to a two-year cycle. This streamlines the program generating both a time and cost saving to both the Department and our grantees.

Attempts to assure that applicants will not duplicate existing services regardless of how they are funded.

Clarifies that application materials are sent to the Department as we plan to have applications materials come directly to the central office rather than the districts to further streamline the process. The exact location will be printed in the application.

Provides the Department with flexibility in assigning point values to the application questions. By doing this the Department will be able to adjust the importance of the criteria based on current transportation needs and trends getting the best possible candidates for today's market. All criteria and point values will continue to be printed in the application so the applicant knows in advance the weight of each question.

Other amendments include minor language changes.

No fiscal impact is anticipated from the promulgation of this proposed rule. It is hoped that the Department will be able to get better vehicle prices by buying larger quantities – thus stretching program dollars.

This proposed rule has no significant impact on small businesses.

Copies of the rule may be obtained upon request, without cost, by writing to Diane Poole, Department of Transportation, Bureau of Transit and Local Roads, Room 951, P. O. Box 7913, Madison, WI 53707-7913, or by calling (608) 266-0189. Hearing-impaired individuals may contact the Department using TDD (608) 266-3351. Alternate formats of the proposed rule will be provided to individuals at their request.

NOTICE IS HEREBY GIVEN that pursuant to ss. 66.0903 (5) and 103.49 (3g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the emergency rule and permanent rule amendment of s. DWD 290.155 (1), relating to the annual adjustment of thresholds for application of prevailing wage rates.

February 27, 2003

Thursday, 1:30 p.m.

MADISON

G.E.F. 1 Building, Room H305

201 E. Washington Avenue

Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Statutory authority: Sections 66.0903(5) and 103.49(3g), Stats.

Statutes interpreted: Sections 66.0903(5) and 103.49(3g), Stats.

The state prevailing wage laws require that when a state agency or local governmental unit contracts for the construction of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Under ss. 66.0903(5) and 103.49(3g), Stats., and the current s. DWD 290.155(1), the state prevailing wage rate laws do not apply to any single-trade public works project for which the estimated cost is below $36,000, and it does not apply to any multi-trade public works project for which the estimated cost is below $175,000.

Under ss. 66.0903(5) and 103.49(3g), Stats., and s. DWD 290.15, the Department is required to adjust the dollar amounts of the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. The threshold adjustment is based on changes in the construction cost index published in the Engineering News-Record, a construction trade publication. The proposed rule adjusts the thresholds from $36,000 to $37,000 for single-trade projects and from $175,000 to $180,000 for multi-trade projects based on a 2.7% increase in the construction cost index between December 2001 and December 2002.

Rule Text

SECTION 1. DWD 290.155(1) is amended to read:

DWD 290.155(1) This chapter does not apply to any single-trade public works project for which the estimated cost of completion is below $36,000 $37,000, and any multi-trade public works project for which the estimated cost of completion is below $175,000 $180,000.

The proposed rule does not affect small business.

Under the proposed rule, a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $36,000 but less than $37,000 or a multi-trade project that costs more than $175,000 but less than $180,000 will not be covered by the prevailing wage requirement.

For substantive questions concerning the proposed rule, call Mike Dixon, Construction Wage Standards Section Chief, at (608) 266-0028.

Written comments on the proposed rules received at the following address no later than February 28, 2003, will be given the same consideration as testimony presented at the hearing.

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

P.O. Box 7946

Madison, WI 53707-7946

(608) 267-9403