The Department recognizes that if the cost were to exceed the amount that the Legislature has previously approved ($5 per transaction), the Department must seek Legislative oversight through the rule making process.

Small businesses represent most motor carriers that apply for oversize/overweight permits, using the Internet or telephone call-in procedure. In 2007, almost 28,000 oversize/overweight charge-card transactions occurred. The average permit transaction amount was just under $60, and the average transaction cost to DOT was $1.49.

The Department concludes that reduction of the convenience fee will reduce the cost to small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.

The Department estimates that because it is prohibited from charging fees to any department of a county, town, or municipality or any branch of the United States government, or any foreign government for oversize/overweight permits by s. Trans 250.08, there will be no fiscal impact on the liabilities or revenues of any county, town, municipality, nor any branch of the United States government, nor any foreign government.

The Department estimates that since oversize/overweight permit application by Internet or telephone call-in is a minor portion of state or private sector activity, there will be no fiscal impact on state or private sector revenues or liabilities.

Trans 250.04 Internet fee and telephone call-in fee. In addition to any other applicable fee under this chapter, the department shall charge a $5 fee for each permit or amendment which is applied for or issued by the internet procedure or the telephone call-in procedure. The fee shall be determined by the department annually to approximate the cost to the department for providing the transaction, not to exceed $5.00. In determining the fee per transaction for the current year, the department shall review, from the previous year, the total cost of the service, the number of transactions, and other material factors. The current fee shall be published on the department's internet web site and in communication materials distributed to eligible motor carriers. Only one internet fee or telephone call-in fee shall be charged when a permit or amendment is applied for and issued by the internet procedure or the telephone call-in procedure.

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.155 and 227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider an emergency rule relating to the repeal of EmR0807, the emergency rule affecting section DWD 56.04 that was effective March 30, 2008, relating to child care enrollment underutilization.

Interested persons are invited to appear at the hearing 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 an alternative format will be made available on request to the fullest extent possible.

A copy of the proposed rules is available at 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 or fiscal estimate by contacting:

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 27, 2008, will be given the same consideration as testimony presented at the hearing.

Laura Saterfield, Child Care Section Chief, laura.saterfield@dwd.state.wi.us, (608) 266-3443.

The Department administers the child care subsidy program under s. 49.155, Stats., and reimburses child care providers for services provided pursuant to s. 49.155 (3m), Stats.

This rule repeals the emergency rule on child care enrollment underutilization that was effective March 30, 2008.

The child care enrollment underutilization rule attempted to control costs by reducing payments to licensed child care providers for authorized child care services that were significantly underused. The rule provided that for any week in which a child whose authorized payments were on an enrollment basis attended less than 50% of the authorized hours of care, payment was made on the basis of actual hours of attendance used, unless the agency determined that the absence was for a reason approved by the Department, such as short-term illness of the child or death in the family. The rule also increased the penalties for a provider who submitted false or inaccurate attendance reports.

2007 Wisconsin Act 226 provides $18.6 million to address the fiscal year 2007-08 Wisconsin Shares funding shortfall. The enrolled budget repair bill contains language that would have prohibited the use of a child care underutilization methodology in virtually any situation. The Governor vetoed this language. The Governor's veto message directs the Department of Workforce Development to suspend the current attendance-based rule for the remainder of fiscal year 2007-08 since Act 226 provides funding to address the shortfall. The Department is repealing the enrollment underutilization emergency rule and will be withdrawing the corresponding proposed permanent rule.

When the Wisconsin Shares program is transferred to the new Department of Children and Families effective July 1, the new department will retain the authority to implement a child care enrollment underutilization rule, given the possibility of a future funding shortfall.

The Department is repealing the child care enrollment underutilization rule in response to funding provided in 2007 Wisconsin Act 226 and the Governor's veto message.

There are no applicable federal regulations.

Michigan. A provider may only receive payment for a child's hours of attendance, except for absences due to the child's illness, not to exceed 2 consecutive weeks, and state holidays.

Illinois. Payment to licensed and license-exempt child care centers are based on authorized days if the total of days attended for all publicly-funded children at a center location are 80% of the authorized days for the month.

Payment to licensed home providers are based on authorized days if the total of days attended for all children in a family are 80% of the family's authorized days for the month.

Payment to license-exempt home providers are based only on attendance.

Iowa. Payment is based on authorized days with payment allowed for a child not in attendance not to exceed 4 days per calendar month.

Minnesota. Payment is based on authorized days except child care providers may not be reimbursed for more than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more than 10 consecutive full-day absent days, unless the child has a documented medical condition that causes more frequent absences.

This rule repeals the child care enrollment underutilization rule based on funding provided in 2007 Wisconsin Act 226 and direction in the Governor's veto message.

The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses as defined in s. 227.114 (1), Stats.