Scope statements
Commerce
Subject
Objective of the Rule. The objective of the rule is to update chapter Comm 16 – Electrical Code, including the adoption by reference of the 2002 National Electrical Code (NEC) published by the National Fire Protection Association (NFPA) as NFPA standard No. 70.
Policy Analysis
The state electrical code has adopted the NEC by reference since 1972. Currently, the 1999 edition of the NEC is adopted in chapter Comm 16. This rule project will update the state code to the 2002 edition of the NEC, while evaluating the electrical requirements in chapter Comm 16 that add to and modify the requirements in the NEC. This rule project will also review the electrical inspection requirements in chapter Comm 16.
The alternative of not updating chapter Comm 16 would result in the state electrical code not being up-to-date with current nationally recognized standards for the design, installation and operation of electrical conductors and equipment in all buildings and structures.
Statutory Authority
Staff Time Required
The department estimates that it will take approximately 400 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Parole Commission
Subject
Rule amendment to update ch.
PAC 1, relating to parole procedure, to conform to current law, terminology, prison population and requirements of parole commission operations.
Objective of the Rule. The administrative rules relating to parole procedures have not been evaluated and updated since they were created in 1993, despite minor amendments in 1995. With over 8 years of experience working with these rules, and given statutory changes, increased prison populations, and necessary parole procedures, the department proposes to update the rule.
Policy Analysis
Chapter
PAC 1 relates to the structure of the parole procedure in Wisconsin, the functions of discretionary parole, eligibility for parole, parole consideration and parole commission recommendations. The department plans to review and revise these existing rules to ensure that they conform with existing law, technology, terminology, prison populations and requirement of the parole commission operations. With over 8 years of experience with the rule, the department plans to revise the rule to provide the necessary flexibility and tools to allow parole commission members to meet statutory responsibilities of conducting parole interviews timely, legally, and effectively, thereby more adequately serving the needs of the inmates, the legislature, and society.
Statutory Authority
Staff Time Required
It is anticipated that 100 hours of staff time may be necessary to review and revise the administrative rule, including drafting, cost estimates, public hearings and complying with rule making requirements. Other than staff time, it is anticipated that the resources to develop the rule will be minimal.
Pharmacy Examining Board
Subject
Requirements for the dispensing of prescription orders for schedule II controlled substances.
Objective of the Rule. Current requirements of s.
Phar 8.05 (4) for the dispensing of prescription orders for schedule II controlled substances provide in part that a prescription order may not be dispensed unless the order is presented for dispensing within 7 days following the date of its issue, and may not be dispensed more than 60 days after the date of issue. The proposed rule modification would remove the 7 day and 60 day limitations. The objective of modifying the rule is to bring the rule into conformity with the federal controlled substances prescription rules.
Policy Analysis
Removal of the 7 day and 60 day limitations will address a problem that burdens patients. A prescription order presented past the 7 day limit currently will not be filled, which necessitates a return to the prescriber for a new prescription. This result occurs even when a legitimate reason exists for the late presentment. Similarly, a prescriber based upon patient need, professional judgment and medical necessity may desire for dispensing to occur past the 60 day limit. The result of the 7 day and 60 day limits therefore becomes at times an arbitrary brightline cutoff that doesn't allow for a pharmacist and a prescriber to take into account a patient's specific needs in a given situation. The modification of this rule will therefore allow pharmacists and prescribers to exercise their professional judgment in the dispensing of schedule II controlled substances.
Statutory Authority
Staff Time Required
100 hours.
Transportation
Subject
Objective of the Rule.
This rule making will amend Chapter Trans 28 to consider port facilities/improvements used by cruise ships to be eligible for funding consideration through the Harbor Assistance Program (HAP) under s. 85.095, Stats. It would allow communities that have HAP-funded facilities to use them for cruise ships.
Policy Analysis
It has been Department policy to consider publicly-owned facilities serving the ferry operations to Washington Island and Madeline Island not to be “recreational" because they operate year-round, carry vehicles as well as passengers, and most of the freight needed by the island communities, essentially serving as an extension of the state highway system to the islands.
There are no other programs within Wisconsin that finance the construction or repair of facilities used by cruise vessels. There are also no federal programs that finance the construction of these types of facilities if the routes are not designated on the National Highway System and the service doesn't serve a "commuter" function.
Affected Communities. The following twelve communities are likely to be affected by the requested change in policy: Milwaukee, Green Bay, Manitowoc, Sturgeon Bay, Sheboygan, Marinette, Northport, Washburn, Superior, Bayfield, LaCrosse and Prairie du Chien.
Potential Fiscal Impact. Six of these communities would likely seek an amendment to their current HAP agreement for projects that have already been constructed (Green Bay, Northport, Superior, Marinette, Milwaukee and LaCrosse). Other than a few hours of HAP program staff time, there would be no cost associated with this change.
The communities most likely to seek HAP funding within the next 8-10 years to construct new facilities for cruise ships are Manitowoc, Sturgeon Bay, Milwaukee and possibly Bayfield. The current HAP budget is $4 million for the biennium. If these projects are economically justified and compete favorably against applications to improve cargo-handling facilities, almost half of the current HAP budget could be spent for this type of project over the next 8-10 years.
Policy Alternatives
The two policy alternatives are either to amend Chapter
Trans 28 to include cruise ship facilities to be eligible for HAP funding, or to maintain the existing policy that defines cruise ships as recreational vessels. The Department has received, and agreed with, requests from the Wisconsin Commercial Ports Association and several legislators for this policy change; therefore, it would appear inconsistent not to proceed with this rule change.
Statutory Authority
Staff Time Required
Approximately 40 hours, which represents the collective time expected to be spent by department staff.
