These proposed rules will be reviewed 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 s. 977.02 (4m) Stats., and interpreting s. 977.075 (1) Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2nd Floor, in the city of Madison, Wisconsin, on the 7th day of June 2004, from 1:00 p.m. to 3:00 p.m. to consider the amendment of a rules, ss. PD 6.01, 6.02 (1), 6.025 (2) (a), related to the repayment of cost of legal representation. Reasonable accommodations will be made at the hearing for persons with disabilities.

Prepared by: Kellie M. Krake and Arlene Banoul

Proposed Action:

• PD 6.01: increasing the fees for repayment and prepayment of legal representation by 20%

• PD 6.02 (1): specifying petitions for supervised release and discharge under Ch. 980 as commitment case types

• PD 6.025 (2) (a): deleting a finding of partial indigency as a method for determining ability to pay

Wis. Stat. sec. 977.075 requires that the state public defender board establish by rule a program for repayment of the cost of legal representation, including reimbursement and prepayment options. PD 6.01 and PD 6.02 (1) establish a payment schedule based on the type of case. Petition for supervised release and petition for discharge from commitment under the sexual predator law were not specifically listed in this schedule although these types of cases have been included under “commitment" since the law was enacted. Partial indigency determination had been used as a criterion for determination of ability to pay has been replaced by the collection statute.

In January 2002, the state public defender board authorized a statewide pilot program increasing reimbursement and prepayment amounts by 20% to continue until sufficient results were available to determine the fiscal effect. The chart below summarizes the revenue increase:

The fiscal effect of this pilot project has been to increase collections revenues by $302,000 biennially.

We do not anticipate the proposed rule change clarifying petitions for supervised release and discharge under Ch. 980 as commitment case types under the current payment schedule to have a fiscal impact because this proposed rule change reflects current practice.

We do not anticipate the proposed rule change deleting partial indigency as a method for determining ability to pay because this proposed rule change reflects current practice.

The proposed amendment would not have a regulatory effect on small businesses.

For copies of the proposed amendment to the rules, or if you have questions, please contact Kellie M. Krake, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 267-0299.

Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by 5:00pm June 7, 2004.

NOTICE IS HEREBY GIVEN That pursuant to ss. 43.09 and 227.11 (2) (a), Stats., and interpreting s. 43.09, Stats., the Department of Public Instruction will a hold public hearing as follows to consider the amending of Chapter PI 6, relating to public librarian certification.

The hearing will be held as follows:

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peg Branson, Continuing Education Consultant, Public Library Development Team, at (608) 266-2413 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

The administrative rule and fiscal note are available on the internet at:

http://www.dpi.state.wi.us/dpi/dfm/pb/libcert.html and http://www.dpi.state.wi.us/dpi/dfm/pb/libcertfn.html, respectively.

A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:

Lori Slauson, Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Written comments on the proposed rules received by Ms. Slauson at the above address no later than June 1, 2004, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.

Section 43.09 (1), Stats., requires the Division for Libraries, Technology and Community Learning in the Department of Public Instruction to issue certificates to public librarians and promulgate, under ch. 227, Stats., necessary standards for public librarians. Section 43.09 (2), Stats., allows the department to promulgate rules regarding necessary standards for public library systems.

Not applicable.

Subchapter I of ch. PI 6, Wis. Admin. Code, pertains to public librarian certification and specifies certification requirements for administrators who serve in municipal, joint, and county public libraries with certain populations. The proposed rules:

Update public librarian certification requirements. The rules do not change the coursework required to receive Grade II or III certification, but change the timeframe and sequence in which the courses must be taken. The rules also allow four years of temporary certification for an individual to complete the courses needed to receive regular Grade II or III certification.

Eliminate references to obsolete language relating to certificates issued prior to or after January 1, 1995. This information was pertinent when the rules were modified effective January 1, 1995, but is no longer necessary.

The proposed rules will apply to individuals applying for Grade III regular certification and certification renewal and for individuals applying for Grade II and III temporary certification upon the effective date of this rule.

During the fall of 2002 and spring of 2003, Division for Libraries, Technology, and Community Learning (DLTCL) staff worked with a Certification Study Committee to assess the library education and training required for the certification of directors of public libraries in Wisconsin, particularly those in small communities. The committee was composed of representatives of public library systems serving primarily small and rural public libraries and representatives of the Council on Library and Network Development (Wis. Stats. 43.07). The committee focused on the following question: What basic library management and other information is needed to enable new directors of small public libraries to serve their communities effectively and when do they need to have this information.

The Council on Library and Network Development, which has responsibility for making recommendations to the State Superintendent on standards for the certification of public librarians (Wis. Stats. 43.07(1)), endorsed the recommendations of the study committee for certification at its meeting on May 2, 2003. The Council asked DLTCL to seek additional input on the recommendations from the public library community prior to initiating the process for making administrative code rule changes. In response to that recommendation, DLTCL staff reviewed the recommendations for certification with a variety of public librarian and public library trustee groups throughout the summer and fall of 2003. In addition, the recommendations were published in the DLTCL newsletters and posted on the division's website, and DLTCL provided an information session at the Wisconsin Library Association annual conference in the fall of 2003.

Michigan, Iowa and Indiana have public librarian certification programs that are similar to Wisconsin's. Among the features of their certification programs are:

Certification of the directors of public libraries is required in all three states; Michigan also has staffing standards that require selected staff in libraries, in addition to the director, to be certified.

All of the certification programs have multiple levels of certification based on the populations of the communities served.

All of the certification programs require specified educational attainments and additional library courses based on grade level.

All of the certification programs require initial certification and recertification at specified time intervals.

The certification programs in Michigan and Iowa require that libraries have certified staff as a condition of receiving state funds.

Illinois doesn't have a state certification program; each public library system establishes its own rules for membership requirements. The certification program in Minnesota is voluntary for library employees.

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114(1)(a), Stats.

The proposed rules will update public librarian certification requirements. The rules do not change the coursework required to receive Grade II or III certification, but change the timeframe and sequence in which the courses must be taken. The rules also allow four years of temporary certification for an individual to complete the courses needed to receive regular certification.

It is assumed the proposed rules will have no fiscal impact on libraries, school districts, the department or small businesses.

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1) and 348.07 (4), Stats., interpreting s. 348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:

June 1, 2004 at 11:30 a.m.

WisDOT District #3

944 Vanderperren Way

Conference Room #4

Green Bay, WI

(Parking is available for persons with disabilities)

The public record on this proposed rule making will be held open until close of business on the date of the hearing 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 written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986, or via e-mail: ashwani.sharma@dot.state.wi.us

Statutory Authority: ss. 85.16 (1) and 348.07 (4), Stats.

Statute Interpreted: s. 348.07 (4), Stats.