Scope statements
Administration
Subject
The Department of Administration proposes to amend chapters Adm 1, relating to Parking, Adm 2, relating to Use of State Buildings and Facilities, Adm 20 relating to Selecting and Contracting Architect/Engineer Services and Adm 21 relating to Advertising, Bidding and Award of Construction Contracts.
Policy analysis
The Department of Administration is beginning the process to update and modify chapters Adm 1, 2, 20 and 21 to bring department administrative rules in line with state statutes, current organizational structure as well as current industry practices.
Chapters
Adm 1 and
2 regarding parking on state grounds and state buildings and facilities use will have modifications reflecting current needs, polices and practices of the department.
Chapters
Adm 20 and
21 were created in 1979 and have had little or no updating with respect to architect/engineer (A/E) contracting and construction contracting. Dollar threshold values for governor approval of contracts, delegation and A/E solicitation practices need modification to stay current with statute changes and construction price indexes. Threshold values for delegation and signature authority, currently in administrative code, are based on pre-1979 levels while construction costs have increased considerably due to inflationary pressures. Further statutory changes regarding governor signature requirements have changed and administrative code needs to reflect those changes.
The department also needs to recognize current business and commerce practices of electronic data and information transmission. The department proposes to recognize solicitation for A/E services, construction bidding and contract information via the department website through administrative code modification.
This revision to the administrative code will allow for more efficient, current and up to date practices for design and construction of state facilities and the usage of those facilities.
Statutory authority
Staff time required
Approximately 80 hours of department staff time will be needed to promulgate the rules.
Educational Approval Board
Subject
Creating and amending current administrative rules under chapters EAB 1 to 11.
Objective of rule. This rule will implement provisions related to the creation of a student protection fund. Enabling legislation was contained in the 2003-05 biennial budget (
2003 Wisconsin Act 33). In addition, the rule will clarify a number of existing rule provisions.
Policy analysis
This rule will make the following changes.
• Create provisions related to implementing a student protection fund.
• Amend surety bond requirements as a result of creating a student protection fund.
• Clarify the instructor qualifications required by the EAB
• Clarify who may file a student complaint and when it must be filed.
• Clarify when newly approved schools are required to submit 1st payment renewal fee.
Statutory authority
Staff time required
It is estimated that 125 hours will be required to develop this rule order.
Health and Family Services
Subject
The Department proposes to create ch.
HFS 36, rules relating to community-based psychosocial service programs.
Policy analysis
1997 Wisconsin Act 27 created s.
49.45 (30e), Stats., relating to conditions for reimbursement of community-based psychosocial services programs under the medical assistance program and authorized the department to create rules establishing the scope of the psychosocial services that may be provided under s.
49.46 (2) (b) 6. Lm, Stats., standards for eligibility for those services, and certification requirements for community-based psychosocial programs under the medical assistance program. Pursuant to Act 27, the department in October 1998 initiated rulemaking to create ch.
HFS 36. That rulemaking effort was subsequently abandoned due to issues concerning the proposed rule's failure to guarantee that the psychosocial services authorized by Act 27 would be available statewide. In September 2003, the department, pursuant to s.
227.14 (6) (b), Stats., gave notice to the legislature of its intention not to promulgate the current proposed rule.
By issuance of this new Statement of Scope, the department again proposes to promulgate rules required by s.
49.45 (30e) Stats. In addition to establishing the scope of the psychosocial service programs, standards for certification and eligibility for services, these proposed rules will also establish other conditions of coverage of community based psychosocial services under the medical assistance program as authorized by s.
49.45 (30e) (b) 4., Stats., as created by
2003 Wisconsin Act 33. The department anticipates that the rules created in this new initiative will complement services provided by existing community support programs under s.
51.421, Stats., by making a fuller array of mental health services potentially available to those in need in each county. The department further anticipates that these new rules will allow for the creation of a broad range of flexible, consumer-centered, recovery oriented psychosocial services to both children and adults, including elders, whose psychosocial needs require more than outpatient therapy, but less than the level of services provided by existing community support programs. Certified community-based psychosocial programs that meet the requirements of s.
49.45 (30e), Stats., and proposed ch.
HFS 36 may be fully or partially funded by medical assistance with county match. These programs may also coordinate with other existing funding sources.
Before the effective date of the permanent rule for which this Statement of Scope is being issued, the department as authorized under
2003 Wisconsin Act 33, s.
9124 (10m), may issue substantially identical rules as an emergency order.
Statutory authority
The Department's statutory authority to create rules relating to community mental health is under ss.
49.45 (30e) and
51.42 (7) (b), Stats.
Staff time required
Estimated hours of staff time to draft the rules – 100 staff hours. An advisory committee will provide opportunities for consumer and provider input to the drafting process.
Insurance
Subject
Regarding Section
Ins 17.01 (3),
17.28 (6), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees for fiscal year starting July 1, 2004.
Objective of the rule. To establish the annual fees which participating health care providers must pay to the patients compensation fund as required by statute for the fiscal year starting July 1, 2004.
Policy analysis
Existing policies are as set forth in the statutes cited in the next section and in the rules themselves; no new or alternate policies are contemplated at this time.
Statutory authority
Staff time required
40 hours estimated state employee time to promulgate these rules; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendations of the fund's actuaries and the director of state courts.
Natural Resources
Subject
Chapters
NR 20 pertaining to fishing regulations on inland waters and NR 23 pertaining to fishing regulations on Wisconsin-Michigan boundary waters.
Policy analysis
The Department is beginning the administrative process of developing fishing regulation changes that we anticipate recommending for the 2004 Spring Fish and Wildlife Rules Hearings.
A variety of fishing regulation changes have been proposed by Fisheries and Law Enforcement staff and approved through joint review, which are being developed for inclusion in the 2003 Spring Hearings. At this time, the Bureau of Fisheries Management and Habitat Protection is in the process of reviewing several rule proposals from local fisheries staff. The FH Bureau will then review the proposals with the Bureaus of Law Enforcement and Legal Services. At most, we anticipate recommending eight statewide rule change proposals and 20 local proposals.
These proposed fishing regulation changes would affect and be of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing.
Statutory authority
