Scope statements
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Subject
Define the requirements for licensure as an architect. Current statutes and administrative rules do not permit the use of an architect-related title prior to formal licensure.
Objective of the Rule. The proposed rule would allow a person in the process of acquiring supervised experience as an architect to use the title “architectural intern."
Policy analysis
The proposed rules would not modify the registration requirements for architects, but would permit use of the term “architectural intern" while a potential licensee is in the process of gaining the required experience.
Statutory authority
Staff time required
100 hours.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Subject
Temporary permit for the practice of land surveying to applicants who hold a valid land surveying license in another state. Current laws and rules do not specify an expiration date for the temporary permit.
Objective of the Rule. To clarify the expiration date of the temporary permit to be the date the applicant is notified that he or she passed or failed the state jurisdictional examination. If the applicant did not appear to be tested, the temporary permit would expire on the date of the next scheduled state jurisdictional examination.
Policy Analysis
The proposed rules would consist of three sections. The first section would identify the requirements for obtaining a temporary permit. The second section would describe the conditions under which the temporary permit would expire. And the third section would provide for the board to grant an extension of the temporary permit under certain conditions.
Statutory authority
Staff time required
100 hours.
Corrections
Subject
Rule amendment to update ch.
DOC 309, relating to resources for inmates.
Objective of the Rule. The portion of these administrative rules relating specifically to inmate accounts and compensation have not been updated since their creation in 1981. With over 20 years experience working with the rules, the department proposes to update the rules to reflect current law as well as current needs of the department.
Policy Analysis
This proposed rule would examine new procedures for the department in processing inmate funds and/or accounts. Prison populations have increased dramatically since these rules were adopted and, therefore, the procedures used today and the policies implemented in these rules may not be functional, practical or efficient in today's prisons. In addition, statutory requirements such as a DNA analysis surcharge have become effective since the origination of this rule. Also, the Prisoner Litigation Reform Act affects such areas of this rule as legal loans to inmates and proper use of release accounts. The proposed rule would make necessary changes in light of statutory updates as well as changes upon evaluation of the rule's current effectiveness.
Statutory authority
Staff time required
It is anticipated that 80 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.
Corrections
Subject
Rule amendment to update ch.
DOC 313, relating to prison industries.
Objective of the Rule. The administrative rules relating to the prison industries was last updated in 1994. Recent amendments to Wisconsin Statutes and Federal Rules enacted after 1994 require the department to update this rule in order to comply with current law.
Policy Analysis
DOC 313 relates to prison industries in Wisconsin. The rule includes establishment of a prison industry, regulation of inmate employees including performance evaluation, work rules, discipline, termination, and compensation. The department plans to review and revise these existing rules to ensure that they conform to existing law, technology, and terminology. The proposed rule will provide clarification that inmate employees shall be eligible for leave to attend GED or HSED examinations or preparation courses. This change is necessary to comply with the Prison Industries Educational Prerequisites Policy that was modified to require inmates have a GED, HSED or High School Diploma in order to be hired into or promoted to a Range 5 pay. This policy should provide an incentive for inmates to secure a diploma. In addition, the department was given statutory authorization to enter into contracts with private companies to recycle paint or mattresses. This change needs to be referenced in the administrative rule. Lastly, new Prison Industry Enhancement guidelines, enacted by the Federal Bureau of Justice Assistance, change the requirements for determining comparable wages.
Statutory authority
Staff time required
It is anticipated that 30 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.
Natural Resources
Subject
Small game and expanded turkey hunting opportunities in state parks
Policy Analysis
There has been an interest in recent years to expand hunting opportunities in state parks. The Department will propose rules initiating a restricted small game hunting framework in selected parks, as well as evaluation criteria that will be used to review the proposed pilot at the end of a 3-year trial period. Policy issues that will arise include the use of park properties for hunting and possible conflicts that may arise with other of the park's non-consumptive users. Other issues include administration of seasons, determination of and agreement on effective evaluation criteria, and requirements of property managers and other department personnel.
Statutory authority
Sections. 29.089 (3) and 29.014, Stats.
Staff time required
Approximately 110 hours will be needed
Public Service Commission
Amendment to Scope Statement originally published December 14, 1999, p. 17. In Section A, Objective of the rules, the first sentence of the third full paragraph of the original statement of scope is withdrawn. In lieu thereof, insert the following sentence.
Insofar as they are relevant to implementation and enforcement of the identified statutes at issue and appropriate substantive rules interpreting those statutes, requirements respecting filing, reporting and record keeping will be also be examined for potential adoption.
Subject:
Ch.
PSC 177 - Relating to incumbent local exchange carrier affiliate rules.
Description of policy issues:
Objective of the rules: The objective of these rules is to protect competition through the prohibition of certain types of conduct or arrangements which give preference, discriminate, or provide cross-subsidies between an incumbent local exchange carrier (ILEC) and any affiliate operating in competitive markets. “Affiliates" for purposes of this rulemaking will also include any nonregulated lines of business operated by the ILEC itself, such as inside wire provisioning or Internet access service. The purpose of the rules is to identify conduct or arrangements that are
per se preferential, discriminatory, or cross-subsidizing, or which, in certain factual situations, may become preferential, discriminatory, or subsidizing. The objective of the rules is to offer useful interpretation of certain provisions of ch.
196, Stats., at the transactional or operational level:
• Section
196.204, Stats., bars cross-subsidies to competitive market operations;
