1.   36CFR67– Historic Preservation Certifications Pursuant to Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986

2. 36CFR68– The Secretary of the Interior Standards for the Treatment of Historic Properties.

3. 36CFR800– Protection of Historic Properties

Under these existing federal regulations, chemical or physical treatments may be used on historic properties for preservation, rehabilitation, or restoration; however, the treatments used must be the gentlest means possible. Treatments that cause damage to historic materials are not to be used.

An Internet-based search for “abrasive cleaning of exterior surfaces of historic buildings" of the 2003 and 2004 issues of the Federal Register did not identify any proposed federal regulations that address abrasive cleaning of exterior surfaces of historic buildings.

An Internet-based search of adjacent states identified that Illinois, Minnesota, Michigan and Iowa do not have any specific rules relating to cleaning methods for the exterior facades of historic buildings.

The proposed rules were developed with the assistance of the Historic Building Code Council, Dan Stephans, from the Department of Administration, and James Draeger, Wisconsin Historical Society. The members of the Historic Building Code Council are as follows:

Name	Representing
Bruce Johnson	Wisconsin Builders Association
Steve Gleisner	City of Milwaukee Fire Dept.
Charles Quagliana	AIA-Wisconsin Department of Commerce
Chris Rute	Milwaukee Historic Preservation Commission
Jim Sewell	Wisconsin Historical Society
Harry Sulzer	City of Madison
David Vos	Project Developer/Alexander Company

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

1. Types of small businesses that will be affected by the rules.

A small business owning a qualified historic building or providing exterior cleaning services may be affected by these rules. The primary purpose of these rules is to codify the statutory prohibitions of certain types of cleaning methods for exterior facades of qualified historic buildings. Masonry facades are the most vulnerable to abrasive cleaning methods and there are only around 5,000 qualified historic buildings with masonry exteriors statewide. The rules do not mandate cleaning and the impact on small businesses should be minimal.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no reporting, bookkeeping or other procedures necessary for compliance with the rule.

3. Types of professional skills necessary for compliance with the rules.

None known.

4. Rules have a significant economic impact on small businesses.

No.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.

General effects: The proposed rules do not mandate cleaning the exterior facades of a qualified historic building. However, under the enabling statutes and the proposed rules, when the facades of the qualified historic building are cleaned, the cleaning methods must be non-abrasive. There are approximately 21,000 qualified historic buildings throughout the state, with approximately 70% of the buildings having wood facades, 25% having masonry facades, and 5% having other types of facade material, such as stucco. Masonry facades are the most vulnerable to abrasive cleaning methods, and there are only around 5,000 qualified historic buildings with masonry exteriors statewide. Sandblasting is a typical abrasive method used to clean the exterior facade of a building, and chemical washing is a typical non-abrasive method. The average price for sandblasting is $1.50 to 2.25/square foot and the price for chemical washing is $3.00 to 6.75/square foot.

The Safety and Buildings Division is responsible for enforcing chapter Comm 72 relating to abrasive cleaning of historic buildings, and the enforcement mechanism is by receipt of a complaint. If a complaint were received, the Division would do an investigative inspection and may assess the owner a fee for the inspection. There are no proposed changes in the Division's fee schedule. Violations of the statutes and the proposed rules would be subject to the penalties prescribed under s. 101.1215 (4), Stats.

Overall effect on state, local or privately owned qualified historic buildings: When the exterior facade of any qualified historic building is to be cleaned, a non-abrasive cleaning method must be employed. Since the rules do not mandate cleaning and with only a specified number of buildings that would be affected by the rules, the fiscal effect is anticipated to be minimal.

Statute(s) interpreted:   s. 426.108, Stats.

Statutory authority:   ss. 426.108 and 227.11 (2), Stats.

Related statute or rule: None.

Explanation of agency authority: Pursuant to s. 426.104, Stats., the department administers the Wisconsin Consumer Act.

The objective of the rule is to amend s. DFI—Bkg 80.85 (1) and (2), and create s. DFI—Bkg 80.85 (5). The purpose of this rule is to expand the prohibited bases for discriminating in the extension of consumer credit. Currently the Wisconsin Consumer Act makes discrimination on the basis of sex or marital status in the granting or extension of credit an unconscionable credit practice. The rule makes discrimination on a prohibited basis in the granting or extension of credit an unconscionable credit practice. The rule defines prohibited basis to include the already existing bases as well as additional bases.

Federal regulation: 12 CFR 202 identifies similar prohibited bases.

Minnesota, Iowa, Illinois and Michigan have comparable laws.

The department reviewed federal regulations relating to prohibited bases for discriminating in the extension of consumer credit, as well as laws adopted by adjacent states regarding the same.

The entities affected by this rule do not meet the definition of a small business as set forth in s. 227.114, Stats.; therefore, there is no effect on small business.

There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.

A copy of the proposed rule and fiscal estimate may be obtained at no charge from Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org.

Written comments regarding the proposed rule may be submitted to Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, or via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the hearing.

The public hearings will be held:

Date & Time	Location
July 27, 2005 Wednesday 1:00 p.m. to 3:00 p.m.	500 Forest St. Marathon County Courthouse Room 131 Wausau, WI
July 28, 2005 Thursday 10:00 a.m. to noon	500 Riverview Ave. Room 1053 Waukesha, WI

The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments may be submitted at the public hearing, or in lieu of attending a public hearing written comments can be submitted by regular mail or email to the contact person listed below. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at the web address listed below.

The deadline for submitting comments is 4:30 p.m., on Friday, August 12, 2005.

The Department proposes to revise ss. HFS 107.113 (5) and 107.12 (2) relating to the number of hours a nurse may provide private duty nursing services, including care to ventilator-dependent recipients, for reimbursement by Medicaid. Specifically, the proposed revisions will become more flexible to facilitate scheduling but restrict the total number of hours a nurse may work and still receive Medicaid reimbursement for such services.

The proposed changes will have a beneficial effect on home health care agencies and nurses in independent private duty nursing practice that offer private duty nursing services, by providing these entities and their consumers with better scheduling flexibility.

The Department is updating and clarifying some requirements in its Medical Assistance rules. Chapter HFS 107 specifies the Wisconsin Medical Assistance (MA) covered services and reimbursement requirements for providers. As currently written, ch. HFS 107 limits the amount of time a nurse may provide direct private duty nursing (PDN) or respiratory care services (RCS). In particular, s. HFS 107.113 (5) (d), governing RCS, currently provides that “[s]ervices provided by one individual in excess of 12 continuous hours per day or 60 hours per week" are not covered services. The PDN rule has a similar limitation. That rule, s. HFS 107.12 (2) (b), states that PDN “is limited to 12 continuous hours in each 24 hour period and no more than 60 hours in a calendar week," and that “[a] prior authorization request for 2 consecutive 12-hour periods shall not be approved."

The Department has determined that strict adherence to the preceding requirements that are currently expressed in its administrative rules sometimes unnecessarily constrains the provision of needed personal care services and may therefore constitute an unjustified burden to both consumers and providers. Consequently, the Department is proposing to amend the rules to reduce these restrictions. Specifically, the Department is promulgating changes in the number of hours that private duty nurses and respiratory care nurses may work in a 24-hour period. The Department is further defining the 24-hour work period as a calendar day. For the purpose of scheduling breaks, it will retain the reference to any 24-hour period.

Under this revision to the rule, the total number of hours authorized for private duty nursing through the prior authorization process will not change. The rule change will help to simplify the scheduling of private duty nursing services. The Department does not expect any fiscal effect as a result of these changes.

A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov. At this website you can also register to receive email notification whenever the Department posts new information about this rulemaking and, during the public comment period, you can submit comments on the rulemaking order electronically and view comments that others have submitted about the rule.

A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting the Department's representative listed below:

Al Matano
Division of Health Care Financing,
Bureau of Fee-for-service Health Care Benefits
P.O. Box 309
One West Wilson Street, Room 350
(608) 267-6848
MatanA@dhfs.state.wi.us

Date:   July 29, 2005

Time:   10:00 a.m., or as soon thereafter as the
  matter may be reached

Place:   OCI, Room 223,
  125 South Webster St., 2nd Floor,
  Madison, WI

Written comments or comments submitted through the Wisconsin Administrative Rule website at: https:// adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in this Notice of Hearing.

Written comments should be sent to: Fred Nepple, OCI Rule Comment for Rule Ins 5030, Office of the Commissioner of Insurance, PO Box 7873, Madison WI 53707-7873

Statutes interpreted: Sections 600.01, 601.42, 601.465, Stats.

Statutory authority: Sections 601.42 and 601.465 and ch. 618, Stats.

OCI proposes this rule to require reports and other information relating to actuarial opinions prepared and field for property and casualty insurers, including nondomestic insurers licensed under ch. 618, Stats. Section 601.42, Stats., establishes the statutory authority to require reports and submission of other information from any person, including a licensed insurer, subject to regulation under the Insurance Code. Section 601.465, Stats., establishes OCI's authority to retain the reports and information as privileged and confidential.

Related Statutes or Rules: The proposed rule is intended to supplement the information required to be filed with insurer's annual financial statements under ch. Ins 50, Wis. Adm. Code.

Summary: Section Ins 50.30, Wis. Adm. Code, currently requires licensed property and casualty insurers that file a NAIC financial statement to also file an actuarial opinion. Under current law OCI may also ask an insurer to file the supporting actuarial summary and work papers. This proposed rule will require all domestic property and casualty insurers that are required to file an actuarial opinion to also file a supporting actuarial opinion summary. The proposed rule also notes that OCI, as under current law, may require a licensed non-domestic property and casualty insurer to file a summary and supporting work papers. The actuarial summary and work papers support the actuarial opinion, which is a public document, however the proposed rule notes the required supporting actuarial summary and work papers, with their detailed proprietary information, may be retained as confidential by OCI under s. 601.465, Stats.