An AEA designation may be part of a broader local strategy to protect farmland and promote agricultural and related development. County and local governments can use the AEA designation to support local farmland preservation and development plans. County and local governments may adopt zoning ordinances, offer economic development incentives, and take other local actions to supplement the AEA and foster agricultural preservation and development.
Agriculture-Related Business
This rule may benefit a wide range of agriculture-related businesses. This rule may benefit businesses, such as food processing and farm supply businesses, which may be located in or attracted to a designated AEA. By protecting and promoting agriculture, this rule may also benefit a wide range of agricultural service providers, regardless of whether those providers maintain facilities in the AEA. For example, this rule may benefit farm supply organizations, nutrient management planners, soil testing laboratories, agricultural engineers, construction contractors, food processors, testing laboratories, and agri-tourism interests.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.5 FTE staff to develop this rule. This anticipates investigation and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Regulation and Licensing —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Subject
This scope statement creates the promulgation of administrative rules by the Landscape Architects Section pursuant to
2009 Wisconsin Act 123. Specifically, this scope statement addresses the amended requirements to practice landscape architecture.
Objective of the Rule
2009 Wisconsin Act 123 amends and creates provisions within chapter 443 of the Wisconsin Statutes. A person may not offer to practice landscape architecture unless they are duly registered or have a permit under Wis. Stat. sec. 443.10(1)(d).There is an amended provision which clarifies change of name by persons who practice landscape architecture. Also of significant change is the new provision which states that a person may not call themselves a landscape architect unless they have duly registered or have in effect a permit under Wis. Stat. sec. 443.10(1)(d). The promulgation of administrative rules pursuant to the changes that have been established in
2009 Wisconsin Act 123 will be necessary to implement better practice standards for registration as a landscape architect.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Entities Affected by the Rule
Unlicensed persons who have held themselves out as landscape architects and have engaged in the practice of landscape architecture prior to the passage of
2009 Wisconsin Act 123.
Estimate of Time Needed to Develop the Rule
Total hours: 100. This estimate is based on the time spent by staff and possibly an advisory committee to prepare documents, coordinate public hearings, prepare fiscal estimates and conduct other work related to the promulgation of the administrative rules for this profession.
Veterans Affairs
Subject
The Board has identified a need to create uniform rate setting procedures in relation to the skilled nursing and assisted living facilities currently operated by the department in King and Union Grove and prospectively operated by the department in Chippewa Falls. The Board seeks to identify all facts and assumptions necessary to determine “the estimated costs of care" and to provide a uniform formula for calculating “Charges for actual care and maintenance" on a prospective basis. The proposed creation and amending of administrative code within CH VA 6 has been identified as necessary to accomplish these requirements.
Objective of the Rule
The Board is seeking to define the terms and assumptions associated with “the estimated costs of care" and develop an appropriate process (formula) which may be used in determining the applicable “charges for actual care and maintenance" for the facilities.
Description of policy issues
The current rule [CH VA 6.01(16)] directs the department to determine the charge for care and maintenance of its members in the following manner: “(16) CHARGES FOR CARE AND MAINTENANCE. Charges for care and maintenance shall be computed every January for the various categories of care provided by the home. The computations shall be based upon the estimated costs of care to be incurred by the home for the succeeding annual period. The department may update charges in July to reflect changes in costs during the year. Charges shall be made for actual care and maintenance provided to a member." The rule does not specify a specific set of definitions and assumptions be used in calculating “the estimated costs of care", nor is the model for calculating such costs specified. The department had determined and the Legislative Audit Bureau confirmed that disparities in the determination of such costs had occurred within the same facility (Wisconsin Veterans Home-Union Grove) and between both Homes. The Board and Legislative Audit Bureau had directed the department to review the basis of determining the “the estimated costs of care" and develop definitions and a process that would be viable for use at both existing facilities and the planned facility at Chippewa Falls.
Policy Analysis
Under current administrative rules, the department is charged with calculating the “charges for care and maintenance" based on the “0estimated costs of care to be incurred by the home for the succeeding annual period." The term “estimated costs of care" is not defined in statute or code and the two existing homes have not uniformly used the same estimated costs or underlying assumptions in the calculation of these charges. In addition, the remainder of CH VA 6 currently compels the department to provide the following: “CH VA 6.01 (11) CLOTHING AND COMFORT ITEMS. Clothing, toiletries, and necessary aids to good grooming, including barber and beautician services, shall be furnished to members as their needs may require." The items required under this administrative code provision are not required to be provided under either state or federal law. Likewise, the provisions of CH VA 6.01 (12) require the following: “MEDICAL AND NURSING CARE. Medical and nursing care, including physician's services, nursing care, hospitalization, medications, special diets, dental care including dental prosthesis, eye glasses, braces, hearing aid batteries and repairs, and ancillary medical care services will be furnished members as their needs may require." Disparities on the charges for some of these services have been noted, by both the Board and the Legislative Audit Bureau, between the current Homes operated by the department. Identifying the appropriate “estimated costs of care" and the process for calculating that estimate has not been consistently applied within the department's Union Grove facility and between the two facilities (Union Grove and King) operated by the department.
The Board has directed the creation of specific definitions for the appropriate costs to be included in the term “estimated costs of care". A process for the calculation of “the estimated costs of care", including the permissible underlying assumptions, has also been directed by the Board.
The contemplated creation and amending of the administrative code would include definitions necessary to ensure a unified set of “estimated costs", the appropriate formula for using those costs, and include specific assumptions related to occupancy, level of care and type of facility to generate an accurate estimate of the “actual costs of care and maintenance". The process of determining “the estimated costs of care" include calculating private pay rates based on the average cost per resident, estimated by summing the weighted average cost of direct care per member using Department of Health Services data on cost differences for differing levels of nursing care plus the average non-direct care cost estimated by dividing projected non-direct care operating expenditures for the coming year by the projected number of members. The “charges for care and maintenance" and the formula for private pay rate setting would be defined by rule and associated occupancy and projected patient days by level of care rates setting variables would be specified by policy. Rates would be considered approved when calculated.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that has any direct bearing upon the proposed rule.
Entities Affected by the Rule
The rules created and amended under this authority will affect individuals residing in, or applying for residence in, any Home after the effective date of implementation.
Estimate of Time Needed to Develop the Rule
Approximately 25 hours of Department of Veterans Affairs staff time will be needed to promulgate the rule.
