NOTICE IS HEREBY GIVEN That pursuant to ss. 218.04 (7) (d) and 227.11 (2), Stats., and interpreting 218.04, 220.02 (2) and 220.02 (3), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor in the city of Madison, Wisconsin, on the 20th day of June, 2006, at 10:00 a.m. to consider a rule to repeal and recreate ch. DFI—Bkg 74, relating to collection agencies.

Administrative code provisions regarding collection agencies have not been substantially revised or updated since 1965. In the proposed rule out-dated provisions are removed, minor technical changes are made, and the remaining provisions are streamlined to reflect current practices. These provisions regard definitions, office requirements, office relocations and material changes, agreements and acknowledgments, remittance statements, trust fund accounts, books and records, disclosure of rates in advertising, furnishing reports to creditor on written request, procedures for return or cancellation of accounts, general matters, annual reports, fair collection practice notices, use of aliases, unauthorized practice of law, oppressive and deceptive practices and use of data processing.

The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact 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 Institution's website, www.wdfi.org. Written comments regarding the proposed rule may also be submitted via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

For substantive questions on the rule, contact Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451.

NOTICE IS HEREBY GIVEN that pursuant to ss. 51.42 (7) (b), 51.45 (8) (a) and (9), 343.30 (1q) (c) 2., and 343.305 (10) (c) 2., Stats., and interpreting ss. 46.973 (2) (c), 51.42, 51.45, 340.01 (23v), 343.30 (1q) (c) and (d) and 343.305 (10) (c) and (d), Stats., relating to assessment and services for drivers with alcohol or controlled substance problems, and affecting small businesses.

May 18, 2006

10:00 a.m. - 12:00 Noon

Northcentral Technical College - Wausau Campus

Main Building, 1000 West Campus Drive

Room E-101

Wausau, WI

May 24, 2006

3:00 p.m. - 5:00 p.m.

Mendota Mental Health Institute

Conference Center, Main Conference Room

301 Troy Drive

Madison, WI

May 26, 2006

10:00 a.m. – 12 Noon

Fox Valley Technical College - Appleton Campus

Main Building, 1825 North Bluemound

Room F-108

Appleton, WI

May 30, 2006

10:00 a.m. – 12 Noon

Gateway Technical College - Racine Campus

Racine Building, 901 Pershing Drive (Parking Lot D)

Room 102

Racine, WI

June 2, 2006

12 Noon – 2:00 p.m.

Chippewa Valley Technical College - Eau Claire

Clairemont Campus, Business Education Center

620 West Clairemont Avenue

Room 100-A (RCV Community Room)

Eau Claire, WI

The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below 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 submitted to the Department using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov

Comments may also be sent to:

Gary Nelson, IDP Coordinator

DHFS – Bureau of Mental Health and Substance Abuse Services

1 West Wilson St., Rm. 437

P.O. Box 7851

Madison, WI 53707-7851

Phone: 608-267-7164

Email: nelsogp@dhfs.state.wi.us

The deadline for submitting comments to the Department is 4:30 p.m. on June 9, 2006.

Pursuant to ss. 343.30 (1q) (c) 2. and 343.305 (10) (c) 2. , Stats., ch. HFS 62 provides uniform procedures for intoxicated driver assessment and driver safety plan programs to serve the approximately 35,000 individuals who are ordered by a court or the Department of Transportation to undergo alcohol and other drug abuse assessment and complete a driver safety plan. Chapter HFS 62 has not been substantially revised for over 21 years. Over the years the Department has issued interim policy memos to assessment facilities and driver safety plan providers to accommodate changes in practice and interpretations needed to ensure uniformity and quality of care. The Department proposes to incorporate these policy memos, eliminate outdated and overly prescriptive rule provisions, and update the rules to be consistent with current statutes affecting intoxicated drivers and the agencies serving them.

In addition to proposing the changes to ch. HFS 62, the Department proposes to revise ch. HFS 75, rules relating to certification of community substance abuse services to add intervention services as a level of care. Chapter HFS 75 was created effective August 1, 2000 to replace and update rules for certification of community alcohol and drug abuse prevention and treatment programs that were previously codified in subchapter III of ch. HFS 61. Chapter HFS 75 includes the general requirements that apply to all or most of the different types of substance abuse services, and standards for particular services - prevention; emergency outpatient; medically managed inpatient detoxification; medically monitored residential detoxification; ambulatory detoxification; residential intoxication monitoring; medically managed inpatient treatment; medically monitored treatment; day treatment; outpatient treatment, transitional residential treatment; and narcotic treatment for opiate addiction. A particular provider may be certified to provide one or more types of service.

During the drafting of ch. HFS 75, provisions relating to intervention services that had previously been in ch. HFS 61 were inadvertently removed from proposed rules. Intervention services may now be a formal substance abuse service under the newly proposed s. HFS 75.16, or may be included in, but is not limited to, an educational program, an employee assistance program, an intoxicated driver assessment or driver safety plan program under ch. HFS 62, screening procedures under s. HFS 75.03 (10), or consultation provided to non-substance abuse professionals or may include outreach; problem identification; referral; information; specialized education; case management; consultation; training; support or drop-in services; intensive supervision; alternative education and intoxicated driver assessments under ch. HFS 62.

Each year in Wisconsin there are 8,800 alcohol-related traffic crashes, 6,200 alcohol-related crash injuries, and 325 alcohol-related crash deaths. Apart from public awareness, fines, penalties, and imprisonment, one of the critical solutions to this traffic safety problem is contained under the proposed rule revisions. Under statute [343.30 (1q), Stats.] and the proposed rule revisions, each year approximately 35,000 individuals are convicted of driving while intoxicated and are ordered by the court or the Department of Transportation to undergo an alcohol and other drug abuse assessment and complete a driver safety plan. These driver safety plans recommend a program of education, treatment, or both to help the individual regain safe driving capability. An individual's driving privileges are reinstated if they complete the assessment and driver safety plan program.

Each county department of community programs or human services is required under s. 343.30 (1q), Stats., and the current ch. HFS 62 (assessment of drivers with alcohol or controlled substance problems) to designate a single agency to provide the operating while intoxicated (OWI) assessment service. There are about 72 of these agencies statewide. These designated OWI assessment service agencies are either outpatient clinics operated by county government or a private non-profit organization under contract with county government. These assessment agencies also monitor the person's participation in the education or treatment program and submit appropriate records to the Department of Transportation for action on the person's driving privileges. Under ch. HFS 75, community substance abuse service standards, a county-designated intoxicated driver assessment agency is also approved by the Department to provide a variety of substance abuse education, intervention, and treatment services. Professional staff of these assessment agencies are also required to meet minimum credentials established under ss. HFS 75.02 (84), HFS 75.02 (11), HFS 61.06 (1) to (13), or ch. 457, Stats. These assessment agencies fulfill a critical role in Wisconsin's program to reduce intoxicated driving.

Under s. 343.30 (1q) (c) 2, Stats., the Department is directed to establish standards for OWI assessment procedures in order to ensure uniform and effective practices. The principal motivation for these rules, originally promulgated in 1984, is to protect consumers of these required services and those using the state's roads and highways. These rules have been developed to provide guidance to OWI assessment agencies to ensure uniformity and effectiveness of policies and procedures across the state.

It should be noted that while ch. HFS 62 is being repealed and recreated, most of the original 1984 rule is still intact and therefore diminishes the impact on affected agencies. The intent of the proposed revisions to ch. HFS 62 is to incorporate into the existing rules those policies and procedures disseminated through departmental policy memos since 1984. It was not the intent of the Legislature under s. 343.30 (1q) (c) 2, Stats., that the Department rely solely on policy memos to incorporate need changes into the program nor can the Department do an adequate job of monitoring the program based upon policy memos. Furthermore, OWI assessment agencies have requested that the Department update its state-approved policies and procedures by incorporating those policies that are still endorsed into the rules.

According to Department records (Bureau of Quality Assurance), there are approximately 640 entities in Wisconsin in the business of providing ambulatory substance abuse health care and treatment. The North American Industry Classification code for this industry is “621420". Forty-seven (47) of these 640 entities which are affected by the proposed rule, are operated by county governments. Twenty-five (25) of the affected entities are private non-profit corporations and would be considered small businesses [having fewer than 25 employees or not more than $5 million in revenue under s. 227.114 (1) Wis. Stats]. Expressed as a proportion, about 4 percent of the entities providing substance abuse health care and treatment in Wisconsin are affected by the proposed rule and are small businesses. A sample of these industry code 621420 small businesses which assisted in the revision of these rules include the following (information provided by each agency):

Corporate Name	Location	Number of Employees	Annual Payroll
Addiction Resource Council	Waukesha, WI	23	$521,000
Arbor Place	Menomonie, WI	32	$617,000
Ashland Area Council on Alcoholism and Drug Abuse	Ashland, WI	6	$164,400
Impact Alcohol and Other Drug Abuse Services	Milwaukee, WI	70	$3,600,000
Racine Psychological Services	Racine, WI	14	$531,000

These revised rules have a direct impact on small business entities which the Department certifies and provides general oversight. None of the 25 small businesses affected by these rules will be exempt from meeting the proposed rule changes, however, after careful review, the Department does permit variances or waivers if warranted. The Department has determined that exempting any entity from compliance with ch. HFS 62 or HFS 75 would compromise the health and safety of individuals receiving OWI assessment services and would negatively affect the program's ability to reduce intoxicated driving and make Wisconsin's roads and highways safe. Data from the Department of Transportation show that under the current program, 75 to 86 percent of persons convicted of OWI do not reoffend in a five-year period after their OWI arrest. Since the program started in 1984, the adult rate of driving under the influence has dropped from 11 percent to 5 percent (Behavioral Risk Factor Survey, Department of Health and Family Services); alcohol-related traffic crashes declined 60 percent; injuries declined 40 percent; and fatalities declined 30 percent (Department of Transportation).

To diminish the impact of the rule changes on affected agencies including small businesses, a workgroup composed of representatives from the 47 county agencies and the 25 small businesses joined with Department staff to develop and approve each and every proposed rule revision. One of the principles adhered to in the development of the proposed rule revisions were that there be no increased costs. Two potential cost elements emerge in the revised rules. The first is a requirement for OWI assessor professionals to obtain six hours of continuing education each year. This is necessary to ensure a competent workforce in this statewide program that directly affects so many people and has public safety implications. To reduce the cost impact, the rule has been written in such a way as to allow continuing education hours obtained for professional licensure or certification to be used to fulfill the requirement under the proposed rule revision. Furthermore, the continuing education hours requirement may be satisfied through no-cost educational options such as agency inservices.

The second is a requirement that all OWI assessment agencies be approved by the state under ch. HFS 75 (community substance abuse service standards). This requirement is necessary to protect the persons receiving services under the OWI program from abuses and ensure that minimum standards of agency practices are adhered. The Department will conduct on-site reviews to monitor compliance under ch. HFS 75. There is a cost of $300 for this certification. Sixty (60) of the OWI assessment agencies affected by these rule revisions are currently certified under ch. HFS 75 so there is no additional certification required and therefore no cost impact. Twelve of the remaining OWI assessment agencies had been certified under ch. HFS 61 prior to the promulgation of ch. HFS 75 in 2000. The “intervention" service under which these programs had been certified in 2000 is being restored under these proposed rules. While there is an increased cost of $300 per year for these 12 agencies under ch. HFS 75, the advisory committee felt these costs were negligible. None of the potential cost elements increase agency operating costs by more than the 2004 Consumer Price Index of 2.7 percent nor decrease agency revenues by more than 2.7 percent.

As described previously, the principal purpose for the current revision of the rules was to incorporate endorsed and local agency-supported Department policy memos into ch. HFS 62. One such policy has to do with the filing and processing of complaints or appeals by persons receiving OWI assessment services. In order to expedite any complaint or appeal, the rule specifies that each step in the process be completed within five working days or in a timely fashion. It is in the best interest of the assessment agency and the client to expedite this process. Since this schedule was already in effect under Department policy, it was strongly supported by the advisory committee. Another deadline for compliance includes the requirement that assessor professionals obtain six hours of continuing education within a 12-month time frame. This too was supported by the advisory committee because similar requirements are already in effect for professional credentialing.

There are two new reporting or documentation requirements under the proposed rule revisions. The first pertains to an evaluation report under the ch. HFS 75 intervention service. This requirement will affect the 12 small businesses that will need to seek recertification under ch. HFS 75. It is important for agencies to objectively self-evaluate in order to ensure that the program's stated purpose is being achieved and to determine where improvements are needed. This further provides documentation of accountability to an agency's board as well as the Department. This evaluation process and report is a standard requirement for all 640 state-certified substance abuse service agencies across the state. The advisory committee has determined that these activities and documentation are already part of their agency's current functions and therefore there are no new costs.

A second area of documentation that is new to the proposed rule revisions is a requirement that alternative education programs maintain files containing a written program description and instructor credentials, coursework, and driving record. These requirements will affect just three of the 72 OWI assessment agencies that also provide an alternative education program. These files and documents are necessary in order to ensure that the curriculum and format used is consistent with sound adult education principles and that instructors meet minimum requirements for professional competence. The advisory committee has determined that these requirements are already part of their agency's current functions and there are no new costs.

As presented previously, there are some pertinent performance indicators that are monitored by the Department and the Department of Transportation to assess the OWI program's overall performance. These indicators include persons reconvicted of OWI, the adult rate of driving under the influence, alcohol-related traffic crashes, injuries, and fatalities. Some of these data are available for individual counties and some are not. It would both be costly and unrealistic to expect individual OWI assessment agencies to gather this data and achieve improvements in any of these areas because they play only one part in the overall program. Law enforcement, the courts, technical colleges, businesses, and community norms play an equally important part in the program's overall success. Ensuring that evidence-based practices and approaches are implemented is the best way to achieve success and ensure humane and effective services to consumers. Scientific literature and experts in the field of highway safety and addiction rehabilitation are regularly consulted in order to keep abreast of the latest approaches for achieving success under this program. This information, approaches and practices are passed on to community agencies in the form of training, and in some cases, enacted law.

As such, there are no significant increased costs in the areas of capital investments (land, structure, equipment), operational elements such as labor, energy, and purchased materials and services, professional skills, ongoing transaction elements, or any other administrative compliance cost elements, or fees necessary for compliance with the rule. There are no new reporting requirements and no staff qualification or training requirements that would increase service costs substantially or create problems resulting in staff layoffs or difficulty recruiting qualified staff.

Small Business Regulatory Coordinator

Rosie Greer

608-266-1279

The intent of the proposed revisions to HFS 62, assessment of drivers with alcohol controlled substance problems, is to incorporate policies and procedures disseminated through departmental policy memos into the rules. These revised rules have a direct impact on business entities for which the department certifies and provides general oversight. Fifty-six of these entities are under the jurisdiction of county governments. Sixteen of these entities are private non-profit corporations providing various human services and would be considered small businesses. A workgroup composed of representatives from the 47 county agencies and the 25 small businesses worked with department staff to develop and approve each and every proposed revision. Two of the principles adhered to in the development of the proposed revisions were that there be no increased costs and no loss of revenue.

There are no increased costs in the areas of capital investments (land, structure, equipment), operational elements such as labor, energy, and purchased materials and services, professional skills, ongoing transaction elements, or any other administrative compliance cost elements, or fees necessary for compliance with the rule.

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the contact person listed below.

Gary Nelson, IDP Coordinator

DHFS – Bureau of Mental Health and Substance Abuse Services

1 West Wilson St., Rm. 437

P.O. Box 7851

Madison, WI 53707-7851

Phone: 608-267-7164

Email: nelsogp@dhfs.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.62 (2) (d) 2. and 227.11 (2) (a), Stats., interpreting s. 30.62 (2) (b) and (2) (d) 2. and 3., Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 5.125 (1) (d), Wis. Adm. Code, relating to sound testing methods for airboats. Section 30.62 (2) (a), Stats., requires all boat sounds to meet the level of 86 db or less in order to be legal. The current tests that the department uses are designed for motor exhaust noise or they are not safe to perform on airboats or hovercraft type boats when measuring noise other than muffler or exhaust noise. In 2005, the department was notified of concerns that it was not enforcing the noise requirements on airboats that we apply to all other boats. Currently, airboats and hovercraft have to meet the 86 db sound level as it relates to their engine exhaust noise, but there is no test that would allow for the safe testing of the propeller and fan noise. The proposed rule change in the testing process would utilize Society of Automotive Engineers Test J1970 but would take in consideration the safety concerns when testing propeller and fan types of watercraft. The test contains step-by-step instructions for measuring noise from boats.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Commercial trappers and fishers

b. Description of reporting and bookkeeping procedures required: None

c. Description of professional skills required: None

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

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:

Wednesday, May 24, 2006 at 11:00 a.m. until the conclusion of public comments

Sheriff's Dept. Basement, Crawford County Courthouse

220 N. Beaumont St.

Prairie du Chien

Wednesday, May 24, 2006 from 3:00 p.m. to 6:00 p.m.

Room 130, Todd Wehr Memorial Library

900 Viterbo Drive

La Crosse

[New Hearing Added]

Thursday, June 1, 2006 at 10:00 a.m.

Room 613, GEF 2

101 S. Webster St.

Madison

Thursday, June 1, 2006 at

Teleconference participation will be available at:

Room 311, Wisconsin Indianhead Technical College

2100 Beaser Avenue

Ashland

2:00 p.m. until the conclusion of public comments.

Room 116B, Forest R. Polk Library

UW-Oshkosh

800 Algoma Blvd.

Oshkosh

3:00 p.m. until the conclusion of public comments

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Engfer at (608) 266-0859 with specific information on your request at least 10 days before the date of the scheduled hearing.

If the new testing procedure is passed the public will expect law enforcement agencies who do boating enforcement to enforce this law on prop driven type boats within their jurisdiction. While this will increase the workload of these agencies, it is anticipated that the increase workload will be minimal and can be accomplished in the daily operations of these patrols.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. William Engfer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 9, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Engfer.

Sandra Paske, Secretary to the Commission

Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

FAX (608) 266-3957

The Public Service Commission of Wisconsin adopts an order to repeal ch. PSC 7, 8.07 (8) to (10) and (12), 104.01 (1), 115.02 (2), 133.01 (1), 136.01 (1), 136.04 (1) (a), (g) and (j), 165.01 (1), 165.081 (6) (c), 166.03, 168.08, ch. 170, 171.03 (2), 171.05, the note following 171.10 (2), and ch. 172; to renumber PSC 115.02 (1), 134.13 (1) (a) 1. to 15. and 134.13 (1) (b) to (j), and 171.03 (1) (intro.) and (a) to (f); to renumber and amend PSC 115.02 (1) (a) to (e); to amend PSC 104.04 (4), 113.0301 (10) (c) 4., 134.13 (1) (a) (intro.), 136.04 (1) (b) to (f), (h) and (i), 164.01, 166.015, 166.07, 166.11; and to create PSC 134.13 (1) (a) 1. to 7. and 134.13 (b) (intro.); relating to assessments attributable to acid deposition studies and monitoring activities, the regulation of certain wireless telecommunications providers, radio common carriers, the repeal of obsolete language and the updating of rule language to be in conformity with current drafting conventions.

Analysis Prepared by the Public Service Commission

Statutory authority: ss. 196.02 (3) and 227.11 (2), Stats.

Wis. Admin. Code ch. PSC 7 deals with assessments attributable to acid deposition studies and monitoring activities. The statute implemented by Wis. Admin. Code ch. PSC 7 was repealed by 1997 Wis. Act 27. Therefore, there is no reason to retain this administrative rule.

Wis. Admin. Code ch. PSC 172, which deals with the regulation of certain wireless telecommunications providers, was nullified when the Wisconsin Telecommunications Act was passed. That Act ended, with very limited exceptions, the Commission's jurisdiction over wireless providers. Wis. Admin. Code ch. 170 deals with radio common carriers, a category of telecommunications providers that no longer exists. Therefore, there is no reason to retain these administrative rules.

A variety of other changes are made to bring rule language into conformity with current drafting conventions or to eliminate obsolete language.

TEXT OF PROPOSED RULE

SECTION 1. PSC 7 is repealed.

SECTION 2. PSC 8.07(8) to (10) and (12) are repealed.

This rule making amends ch. Trans 152, relating to Wisconsin Interstate Fuel Tax and International Registration Plan programs. The rule making clarifies Department policies regarding application requirements, business location, collections, and overdue billings. The rule making also reflects a statutory change in 1999 Wis. Act 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.

SECTION 4. PSC 104.04(4) is amended to read:

PSC 104.04(4) The utility shall notify the commission of accidents to employes employees resulting in more than 3 days' disability. Advice given promptly by the utility that notice has been given to the industrial commission workers' compensation division of the department of workforce development shall be deemed considered compliance with this subsection.

SECTION 5. PSC 113.0301(10)(c)4. is amended to read:

PSC 113.0301(10)(c)4. A statement that residential utility service will be continued during serious illness or protective services emergency if the occupant submits a statement or notice pursuant to sub. (12) (13).

SECTION 6. PSC 115.02(1) is renumbered 115.02.

SECTION 7. PSC 115.02(1)(a) to (e) is renumbered 115.02(1) to (5) and amended to read:

PSC 115.02(1) Wisconsin electric power company Electric Power Company.

(2) Wisconsin public service corporation Public Service Corporation.

(3) Wisconsin power and light company Power and Light Company.

(4) Northern states power company of Wisconsin States Power Company.

(5) Madison gas & electric company Gas and Electric Company.

SECTION 8. PSC 115.02(2) is repealed.

SECTION 9. PSC 133.01(1) is repealed.

SECTION 10. PSC 134.13(1)(a)(intro.) is amended to read:

PSC 134.13(1)(a) All of the information in par. (b) shall be shown for each meter on Each each bill, including the customer's receipt, if the bill is provided by any of the following:

Madison gas and electric company,

Northern states power company,

Superior water light and power company,

Wisconsin fuel and light company,

Wisconsin power and light company,

Wisconsin public service corporation, and

Wisconsin southern gas company shall show for each meter the following information:

SECTION 11. PSC 134.13(1)(a)1. to 15. are renumbered 134.13(1)(b)1. to 15.

SECTION 12. PSC 134.13(1)(a)1. to 7. are created to read:

PSC 134.13(1)(a)1. Madison Gas and Electric Company.

2. Northern States Power Company.

3. Superior Water, Light and Power Company.

4. Wisconsin Electric Power Company.

5. Wisconsin Gas Company, LLC.

6. Wisconsin Power and Light Company.

7. Wisconsin Public Service Corporation.

SECTION 13. PSC 134.13(1)(b) to (j) are renumbered 134.13(1)(c) to (k).

SECTION 14. PSC 134.13(b)(intro.) is created to read:

PSC 134.13(b)(intro.) The bill under par. (a), including the customer's receipt, shall show the following information:

SECTION 15. PSC 136.01(1) is repealed.

SECTION 16. PSC 136.04(1)(a) is repealed.

SECTION 17. PSC 136.04(1)(b) to (f) are amended to read:

PSC 136.04(1)(b) Madison gas and electric company Gas and Electric Company.

(c) Northern states power company States Power Company.

(d) Superior water, light and power company Water, Light and Power Company.

(e) Wisconsin fuel and light company Electric Power Company.

(f) Wisconsin gas company Gas Company LLC.

SECTION 18. PSC 136.04(1)(g) is repealed.

SECTION 19. PSC 136.04(1)(h) and (i) are amended to read:

PSC 136.04(1)(h) Wisconsin power and light company Power and Light Company.

(i) Wisconsin public service corporation Public Service Corporation.

SECTION 20. PSC 136.04(1)(j) is repealed.

SECTION 21. PSC 164.01 is amended to read:

PSC 164.01 Filing of information. Any public utility engaged in furnishing telephone telecommunications service which determines to furnish service to its employes employees, pensioners, and officers at no charge or at charges less than those prescribed in its published schedules or tariffs, as provided in s. 196.60, Stats., as amended by ch. 499, laws of 1963, shall inform the public service commission of Wisconsin as hereinafter prescribed in s. PSC 164.02 of the conditions and circumstances under which it will be furnished.

SECTION 22. PSC 165.01(1) is repealed.

SECTION 23. PSC 165.081(6)(c) is repealed.

SECTION 24. PSC 166.015 is amended to read:

PSC 166.015 Conforming maps. Every exchange area boundary map filed with the commission on and after June 1, 1943, shall conform to the following rules in this chapter and every such map filed before that date shall be revised on or before September 1, 1943, to conform to such rules. Exhibit A attached is a specimen map which conforms to all of the requirements established by the in these rules herein adopted.

SECTION 25. PSC 166.03 is repealed.

SECTION 26. PSC 166.07 is amended to read:

PSC 166.07 Accompanying statement. All maps filed with the commission shall be accompanied by a statement of undertaking to serve on a sheet 81 /2 x 11 inches in size in the following form:

“The attached map, dated ___________ , delineates the boundary and territory of the _______________exchange in which the ______________Telephone Company now serves and will serve the public. The Telephone Company undertakes, subject to its extension rules and filed tariffs, to make extensions of its lines and service at any time when such service may be requested or demanded by any person located within such territory as designated on such map.

“The _______________ Telephone Company will not extend its lines and service beyond the territory and exchange boundary defined on the attached map, except:

(a) to serve persons located in the territory designated as open on such map.

SECTION 27. PSC 166.11 is amended to read:

PSC 166.11 Exhibit “B", suggested statement required under s. PSC 166.08.

Sandra J. Paske, Secretary to the Commission

Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

FAX (608) 266-3957

The Public Service Commission of Wisconsin adopts an order to repeal ch. PSC 98, Wis. Admin. Code, relating to rules adopted to meet all requirements in section 303.304 of the regulations of the Federal Price Commission in regard to increases in rates or charges of utilities, railroads, motor carriers, and carriers by water within the Public Service Commission's jurisdiction.

Statutory authority: ss. 196.02 (3) and 227.11 (2), Stats.

History of Chapter PSC 98

PSC Chapter 98 was created in Docket No. PC-1 on October 10, 1972. The rules were adopted to meet all requirements in section 303.304 of the regulations of the Federal Price Commission in regard to increases in rates or charges of utilities, railroads, motor carriers, and carriers by water within the Public Service Commission's jurisdiction. It was created in response to the creation of the Price Commission under the Economic Stabilization Act of 1970. The Price Commission was established by Executive Order No. 11627, 1971, by the Nixon Administration to stabilize prices. This was a time of freezes on the prices of all commodities and services offered for sale except the prices charged for raw agricultural products.

Present Status

The authority contained in the Economic Stabilization Act of 1970, as amended, to impose a system of mandatory wage and price controls expired on April 30, 1974, Executive Order No. 11781. Executive Order No. 11788 dated June 18, 1974, provided for the orderly termination of economic stabilization activities and in Section 10 revoked Executive Order No. 11627 of October 15, 1971. It also abolished the Cost of Living Council in Section 1.

Based upon this information there is not a need for the continued existence of Chapter PSC 98.

SECTION 1. Ch. PSC 98 is repealed.

The rules being repealed are not expected to affect small business as defined in s. 227.114 (1), Stats.

This repeal of this rule has no fiscal impact.

The Price Commission was established in 1970 under the Economic Stabilization Act of 1970. The Act was created to help stabilize prices. The authority contained in the Act to impose a system of mandatory wage and price controls expired April 30, 1974. There does not appear to be a need for the continued existence of the Chapter. Elimination of the chapter does not have any fiscal effect on state or local government.

NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room, at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Wednesday, June 7, 2006 at 10:00 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until noon on Tuesday, June 13, 2006 (noon on Monday, June 12, 2006 if filed by fax). All written comments must include a reference on the filing to docket 1-AC-211. File by one mode only.

Industry. File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.

Members of the public.

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov

If filing by mail, courier, or hand delivery: Use address as shown in the box on page 1.

If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet must state “Official Filing;" the docket number, 1-AC-211; and the number of pages, limited to 25 pages for fax comments.

Questions regarding this matter should be directed to Leon Swerin, Assistant General Counsel at (608) 267-3589. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (608) 267-1479.

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Leon Swerin, as indicated in the previous paragraph, as soon as possible.

Notice is hereby given that, pursuant to s. 125.54 (7) (d), Stats., and interpreting s. 125.54 (7), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the creation of rules relating to liquor wholesaler warehouse facilities.

The hearing will be held at 9:00 A.M. on Tuesday, May 30, 2006, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.

Handicap access is available at the hearing location.

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 June 6, 2006, and will be given the same consideration as testimony presented at the hearing.

Statute interpreted: s. 125.54 (7), Stats.

Statutory authority: s. 125.54 (7) (d), Stats.

Explanation of agency authority: Section 125.54 (7) (d), Stats., provides that the department shall promulgate rules to administer and enforce the requirements of s. 125.54 (7), Stats. It also provides that the department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under s. 125.54, Stats., and for periodic site inspections by the department of such warehouse facilities.

Related statute or rule: s. 125.54 (7), Stats.

Plain language analysis: This proposed rule order requires that a liquor wholesaler warehouse facility described in a wholesalers' permit be a minimum of 4,000 square feet of floor space and be located in a free-standing building that is not part of or connected to a liquor retailer facility. It also requires permit-holding liquor wholesalers to retain invoices of their liquor purchases and complete a monthly inventory of their liquor stock. The invoices and inventory records must be kept at the warehouse facility described in the permit for two years, and must be open to inspection at all reasonable times by any representative of the department.

In addition to the requirements concerning liquor wholesaler warehouse facilities and liquor wholesalers, the rule requires the department to conduct a site inspection of the warehouse facility and a background investigation of the applicant before issuing a wholesalers' permit. It also requires the department to conduct periodic site inspections of warehouse facilities described in wholesalers' permits. Applications for wholesalers' permits must be processed by and site inspections of warehouse facilities must be conducted by department personnel generally familiar with activities of liquor wholesalers.

Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.

Summary of factual data and analytical methodologies: 2005 Wisconsin Act 25 created s. 125.54 (7), Stats., which establishes requirements for liquor wholesaler warehouse facilities and the activities of liquor wholesalers. Within the provisions of s.125.54 (7), Stats., is a requirement that the department promulgate rules to:

Administer and enforce the requirements for liquor wholesalers and liquor wholesaler warehouse facilities.

Ensure coordination between the department's issuance and renewal of wholesalers' permits and its enforcement of the requirements for liquor wholesalers and liquor wholesaler warehouse facilities.

Require that all applications for issuance or renewal of wholesalers' permits be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers.

Establish minimum requirements for warehouse facilities on premises described in wholesalers' permits and for periodic site inspections by the department of such warehouse facilities.

In consultation with the liquor wholesaler industry, the department has created this proposed rule order to satisfy the above requirements.

Analysis and supporting documents used to determine effect on small business: Section 125.54 (7), Stats., was created to establish minimum requirements in order to prevent liquor wholesalers who are not bona fide from operating in Wisconsin. Based on its consultation with the liquor wholesaler industry, the department understands that all of the bona fide liquor wholesalers currently operating in Wisconsin meet the requirements set forth in this proposed rule order. Based on this, the department has concluded that this proposed rule order does not have a significant effect on small business.

Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.

Effect on small business: This proposed rule order does not have a significant effect on small business.

Agency contact person: Please contact Dale Kleven at (608) 266-8253 or dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.

Place where comments are to be submitted and deadline for submission: Comments may be submitted to the contact person shown below no later than one week after the public hearing on this proposed rule order is conducted. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.

Dale Kleven

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

SECTION 1. Tax 8.63 is created to read:

Tax 8.63 Liquor wholesaler warehouse facilities. (1) MINIMUM REQUIREMENTS FOR WAREHOUSE FACILITIES. The premises described in a permit issued under s. 125.54, Stats., shall be a minimum of 4,000 square feet of floor space and shall be located in a free-standing building that is not part of or connected to a premises covered by a retail license or permit issued under s. 125.51, Stats.

(2) PURCHASES BY A WHOLESALER. Every permittee under s. 125.54, Stats., shall retain invoices covering all purchases of intoxicating liquor stored at the premises described in the permit for a period of 2 years from the date of the invoice. Such invoices shall be retained on the premises described in the permit and shall be open to inspection at all reasonable times by any representative of the department.

(3) INVENTORY RECORDS. Every permittee under s. 125.54, Stats., shall complete a written inventory listing the entire stock of intoxicating liquor stored at the premises described in the permit as of the close of business on the last day of every month. A copy of the inventory listing shall be retained on the premises described in the permit for 2 years from the date the inventory is completed and shall be open to inspection at all reasonable times by any representative of the department.

(4) INSPECTIONS OF WAREHOUSE FACILITIES. Before issuing a permit under s. 125.54, Stats., the department shall conduct a site inspection of the premises described in the permit application to determine if such premises meets the minimum requirements described in sub. (1). The department shall also conduct periodic site inspections of premises described in permits issued under s. 125.54, Stats. Site inspections shall be conducted by department personnel generally familiar with activities of intoxicating liquor wholesalers.

(5) BACKGROUND INVESTIGATIONS OF APPLICANTS. Before issuing a permit under s. 125.54, Stats., the department shall conduct a background investigation to determine that the applicant is qualified to hold the permit. The background investigation shall be limited to obtaining information that is necessary to enable the department to verify that the applicant meets the eligibility requirements described in s. 125.54 (2), Stats.

(6) PROCESSING OF PERMITS BY THE DEPARTMENT. All applications for issuance or renewal of permits under s. 125.54, Stats., shall be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers. The issuance and renewal of permits shall be done in coordination with the enforcement of the requirements of s. 125.54 (7), Stats., including the inspections under sub. (4) and the background investigations under sub. (5).

Note: Section Tax 2.99 interprets s. 125.54 (7), Stats.

Note: Section 125.54 (7), Stats., was created by 2005 Wis. Act 25, effective July 27, 2005.

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 will not have a significant fiscal effect.

NOTICE IS HEREBY GIVEN that pursuant to 110.07, 110.075, 194.38, 194.43 and 227.11, Stats., and interpreting ss. 110.07 and 110.075, and ch. 194, Stats., the Department of Transportation will hold a public hearing in Room 551 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 26th day of May, 2006, at 10:00 AM to consider the amendment of ch. Trans 327, Wisconsin Administrative Code, relating to motor carrier safety.

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.

Parking for persons with disabilities and an accessible entrance are available.

Statutes interpreted: ss. 110.07 and 110.075, and ch. 194, Stats.

Statutory authority: ss. 110.07, 110.075, 194.38, 194.43 and 227.11, Stats.

Explanation of agency authority: The secretary shall set standards and adopt rules to establish a plan of inspection to implement the inspection program. It shall be the duty of the Department to prescribe rules and regulations as to safety and operations and the hours of service of drivers of motor vehicles operated under the authority of this chapter.

Related statute or rule: ss. 110.07, Stats.

Plain language analysis: This rule making will amend ch. Trans 327, relating to intrastate motor carrier safety regulations, to bring it into compliance with the most recent changes to the Federal Motor Carrier Safety Regulations which went into effect on April 1, 2006. Amendment of this rule will assure State Patrol inspectors and troopers are enforcing the most recent Federal Motor Carrier Safety regulations for intrastate carriers. The update of this rule will also keep the Department in compliance to qualify for continued Motor Carrier Safety Assistance Program (MCSAP) funding.

The Department annually updates ch. Trans 327 to keep current with the most recent changes to 49 CFR parts 390, 391, 392, 393, 395, 396 and 397.

Summary of, and preliminary comparison with, existing or proposed federal regulation: Trans 327 (Motor Carrier Safety) adopts Federal regulations 49 CFR parts 390 to 397, with exceptions.

Comparison with Rules in Adjacent States: All adjacent states (Michigan, Minnesota, Illinois, and Iowa) adopt the same Federal regulations.

Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: The Federal Motor Carrier Safety Administration did extensive research into the most recent changes to the rules regulating commercial motor carriers and commercial drivers. Its research, coupled with input from the motor carrier industry, resulted in the recently revised regulations for interstate and intrastate commerce effective April 1, 2006.

Analysis and supporting documentation used to determine effect on small businesses: The research provided by the Federal Motor Carrier Safety Administration was used in analyzing the effects on small business.

Effect on small business: All businesses will have the same effect. There is no differentiation between small business and large business. The Department's Regulatory Review Coordinator may be contacted by e-mail at andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.

Fiscal effect and anticipated costs incurred by private sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities or on the private sector.

Agency contact person and place where comments are to be submitted and deadline for submission: The public record on this proposed rule making will be held open until close of business the day of the hearing, 2006, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Capt. Chuck Teasdale, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Capt. Teasdale by phone at (608) 266-0305.

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

NOTICE IS HEREBY GIVEN that pursuant to Sections 49.138, 49.143 (2) (c), 49.147 (6) (c), 49.155 (5), 103.005 (17), and 227.11 (2), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to Wisconsin Works, emergency assistance, and child care, and affecting small businesses.

May 31, 2006

Wednesday

1:30 p.m.

MADISON

G.E.F. 1 Building,

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: This rule making amends ch. Trans 152, relating to Wisconsin Interstate Fuel Tax and International Registration Plan programs. The rule making clarifies Department policies regarding application requirements, business location, collections, and overdue billings. The rule making also reflects a statutory change in 1999 Wis. Act 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.

Statutes interpreted: Sections 49.138, 49.143 (2) (c), 49.147, and 49.155 (5), Stats.

Related statutes: Sections 48.62 (5) and 49.155 (1m) (c) 1g., Stats.

Explanation of agency authority. Section 49.147 (6) (c), Stats., provides that a W-2 agency shall administer job access loans in accordance with rules promulgated by the department. Section 49.143 (2) (c), Stats., provides that each W-2 agency must employ at least one financial and employment planner (FEP), and the FEP must meet certification and training requirements established by the department by rule. Section 103.005 (17), Stats., provides that the department shall administer those programs of public assistance that specified in subch. III of ch. 49, Stats., including Emergency Assistance, W-2, and child care. Sections 103.005 (1) and 227.11 (2), Stats., provide general authority to promulgate rules necessary to effectuate the purpose of the statutes administered by the department.

Summary of the proposed rules. W-2 job access loans. Section 49.147 (6), Stats., provides that an individual who meets other Wisconsin Works (W-2) eligibility requirements may receive a job access loan needed to obtain or continue employment and address an immediate and discrete financial crisis. Section DWD 12.17 (2) provides that the amount of the loan to an individual may not be less than $25 and not more than $1600 in any 12-month period. The W-2 agency must also ensure that the average of all amounts loaned in any 12-month period does not exceed $800. The proposed rules will eliminate the requirement that the average of all job access loans issued by a W-2 agency in a 12-month period not exceed $800. The Legislative Audit Bureau report on the W-2 program issued in April 2005 stated that W-2 agencies report it is time-consuming to calculate ongoing job access loan amounts to comply with this requirement.

Emergency assistance. Section 49.138, Stats., provides for a program of emergency assistance to families with needy children in cases of fire, flood, natural disaster, homelessness, impending homelessness, and energy crisis. Prior to 2005 Wisconsin Act 25, a family could receive emergency assistance once in a 12-month period in cases of need due to fire, flood, natural disaster, energy crisis, or, if a member of the family was a victim of domestic abuse, in cases of need due to homelessness or impending homelessness. A family could receive once in a 36-month period for need due to homelessness or impending homelessness in all other cases. 2005 Wisconsin Act 25 amended s. 49.138, Stats., to provide that a family may be eligible for emergency assistance once in a 12-month period in all cases. The proposed rules amend Chapter DWD 16, relating to emergency assistance, to reflect this statutory change. The proposed rules also provide that an agency shall consider an application complete if the application includes a legible name; address, if available; signature by the applicant or the applicant's representative and has been completed to the best of the applicant's or representative's ability.

W-2 worker training rules. The W-2 worker training rules in Chapter DWD 17 currently provide various training requirements for W-2 agency financial and employment planners (FEPs) and resource specialists. The proposed rules clarify that case managers who perform any FEP function are required to complete the FEP training, regardless of what job title they may hold in the local W-2 agency. This includes case managers who specialize in employment attachment and retention, assist W-2 participants with special needs, or assist W-2 participants with the Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) application process.

The proposed rules also clarify that W-2 agencies that subcontract out a portion of their obligations under the W-2 agency contracts with the department are responsible for ensuring that the subcontractors comply with the department's training requirements. The W-2 agencies are also responsible for including subcontractors in the monthly report submitted to the department on training needs for new workers and the annual report submitted to the department on training completed by all workers.

The proposed rules create a new training requirement for workers who supervise W-2 FEPs or resource specialists. Supervisors who are employed on or after the effective date of the rules will be required to complete the department's new worker training for the job function of the workers that the supervisor is supervising during the first 6 months of employment, unless the supervisor worked in that job function within one year prior to the date of hire as a supervisor. Supervisors will also have ongoing training requirements.

In addition, a permanent employee of the W-2 agency who transfers into a FEP position or resource specialist position and who has not completed the initial training for that position within the previous year will be required to complete the new worker training.

The proposed rules also add civil rights compliance, cultural awareness, and diversity issues; compliance with the Americans with Disabilities Act (ADA); and collaboration and coordination with local child welfare agencies as topics that will be included in the worker training curriculum.

Child care copayment responsibility for subsidized guardians. Section 48.62 (5), Stats., as affected by 2005 Wisconsin Act 25, creates a new program of subsidized guardianship. This program allows guardians who were licensed as the child's foster parents to receive payments in the same amount that they received as foster parents if, among other things, the child has been placed outside of his or her home for a cumulative period of one year or longer, and, despite reasonable efforts to return the child to his or her home, reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child. The program also allows for monthly subsidized guardianship payments to an interim caretaker on the death, incapacity, resignation, or removal of a guardian receiving payments.

Section 49.155 (1m) (c) 1g., as affected by 2005 Wisconsin Act 25, provides that when an agency determines financial eligibility for a child care subsidy for a subsidized guardian or interim caretaker of the child, the agency must use the same procedure as is used for determining financial eligibility for a foster parent of a child. The department proposes to also treat subsidized guardians and interim caretakers the same as foster parents in determining the child care copayment amount. Section DWD 56.08 (2) (b) provides that foster parents do not have a copayment responsibility for the foster children in their care. The proposed rules will also provide no copayment responsibility for subsidized guardians and interim caretakers.

Technical corrections in child care rules. The current Chapter DWD 55, relating to day care certification, contains a section on conditions for child care reimbursement that does not relate to certification and more properly belongs in Chapter DWD 56, relating to the administration of child care funds. Much of the information currently in this section, s. DWD 55.03, is a duplicate of information already in Chapter DWD 56 and is repealed in the proposed rules. Information that is not duplicated is renumbered so that it is properly in Chapter DWD 56.

The proposed rules include the current child care copayment schedule that was adjusted effective February 26, 2006, based on changes in the federal poverty level. Section DWD 56.08 (3) allows the department to adjust the amounts in the schedule for various listed factors and to publish adjustments to the schedule in the Wisconsin Administrative Register.

Summary of factual data and analytical methodologies. The change to the rule on W-2 job access loans is in response to a recommendation by the Legislative Audit Bureau. The changes to the Emergency Assistance rules are primarily statutory updates to reflect changes in 2005 Wisconsin Act 25, and the zero child care copayment responsibility for subsidized guardians is a logical extension of 2005 Wisconsin Act 25. The W-2 training rules are amended to reflect demonstrated needs. Other changes are technical corrections.

Comparison with federal law. There are no federal requirements on the changes in the proposed rules.

Comparison with rules in adjacent states. Iowa. There may be maximum emergency assistance payments of a total of $500 for a 30-day authorization period. These payments may be used for a single need or several needs. One authorization period is allowed per 12-month period. Illinois. Under the subsidized guardian program, payment may be made for day care for children under 3 years of age if the guardian is employed or in a training program that will lead to employment. Michigan. An application for state emergency relief is considered complete when the application form prescribed by the department has been filled out, the application has been signed by the applicant or by the applicant's authorized representative, the application has been received by the department, the applicant has provided information necessary for completion of eligibility forms and the completed form includes signatures of all adult members of the relief group. Minnesota. The department did not find rules on any of the changes in the department's proposed rules.

Effect on small businesses and fiscal impact on governmental bodies. The proposed rules will affect public and private W-2 agencies and contractors of W-2 agencies.

The change in the job access loan procedure may reduce administrative expenses for W-2 agencies.

Training requirements for W-2 workers provide tools for efficient, effective service delivery. Worker training may also increase a W-2 agency's customer satisfaction level, which would increase the agency's score on the W-2 performance standards and make it more likely that the agency will be able to renew the W-2 contract with the right of first selection.

The department does not charge agencies a fee for providing training. The only expense that the agencies incur is the worker's time away from normal duties and possible travel expenses. The department does on-site training for agencies that have at least a medium-sized group.

The Department's Small Business Regulatory Coordinator is Jennifer Jirschele, (608) 266-1023, jennifer.jirschele@dwd.state.wi.us.

Agency contact person and place where comments are to be submitted. The proposed rules are available at the web site http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

P.O. Box 7946

Madison, WI 53707-7946

(608) 267-9403

Written comments. Written comments on the proposed rules received at the above address, email, or through the http://adminrules.wisconsin.gov web site no later than June 1, 2006, will be given the same consideration as testimony presented at the hearing.