Rules were adopted revising ch. VA 12, relating to the personal loan program.
Exemption From Finding of Emergency
1997 Wis. Act 27, s. 9154 authorizes the department to promulgate rules for the administration of the personal loan program using the emergency rule procedures without providing evidence of the necessity of preservation of the public peace, health, safety or welfare.
Analysis
By repealing and recreating ch. VA 12, Wis. Adm. Code, the department establishes the underwriting and other criteria necessary for the administration of the personal loan program. The personal loan program was authorized by the legislature and governor through the amendment of s. 45.356, Stats., upon enactment of 1997 Wis. Act 27.
Publication Date:
October 17, 1997
Effective Date:
October 17, 1997
Expiration Date:
March 17, 1998
Hearing Date:
January 9, 1998
Statements of Scope of Proposed Rules
Administration (Gaming Board)
Subject:
SS. WGC 13.05 (3) (a) and 13.15 (4) (c) - Relating to license fees for kennel owners at greyhound racetracks.
Description of policy issues:
Statement of the objective of the proposed rule:
The Department of Administration proposes to amend s. WGC 13.05 (3) (a), Wis. Adm. Code, reducing the cost of a kennel owner's license fee from $750 to $350 and to repeal s. WGC 13.15 (4) (c), requiring a kennel owner to obtain a license for each racetrack in which they own and operate a kennel.
Description of policy issues:
The Department of Administration is responsible for setting license fees as provided in s. 562.05 (2), Stats. The kennel owner license fee is reduced to assist the Wisconsin racetracks in recruiting racing kennels to operate in Wisconsin. The current fee is cost prohibitive to the kennels and therefore they decline booking agreements in Wisconsin and pursue booking agreements in other states. Additionally, the kennel owner license was a license that was racetrack specific: most other licenses are valid at all Wisconsin racetracks.
Statement of the statutory authority for the rule:
SS. 562.02 (1) and 562.05 (2), Stats.
Staff time required:
The Department of Administration estimates 20 - 30 hours to promulgate this rule.
Commerce
Subject:
Ch. Comm 110 - Relating to the brownfields grant program.
Description of policy issues:
Description of the objective of the rule:
The 1997 Wis. Act 27 created s. 560.13, Stats., which authorizes funds to be appropriated by the Department of Commerce to administer a brownfields grant program.
The act specifically requires the Department to promulgate rules:
□ For issuing grants to a person, municipality and local development corporation for brownfields redevelopment and associated remediation activities, if the recipient uses grants for brownfields redevelopment or associated environmental remediation, and if the recipient contributes to the cost of the project.
□ That prescribe the amount of grants that can be awarded, based on a percent of the total grant that is set by statute.
□ That include criteria for the awarding of grants on the basis of projects that promote economic development, positive effects on the environment, the amount and quality of the recipient's contribution to the project, and innovative proposals for remediation and redevelopment.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of policy alternatives:
The brownfields grant program will compliment other brownfield-related initiatives undertaken by the Department.
Statutory authority for the rule:
S. 560.13, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The time estimated to develop the rule is as follows:
Rule drafting and internal processing to
announce public hearings 50 hours
Conducting public hearings and
summarizing hearing comments 20 hours
Preparing rules in final draft form for
legislative review 15 hours
Meet with legislators on subject rules 8 hours
Prepare rule for adoption and file
adopted rule 4 hours
Total = 97 hours
Commerce
Subject:
Chs. Comm 122 and 128 - Relating to the physician loan assistance program and the health care provider loan assistance program.
Description of policy issues:
Description of the objective of the rule:
The Department of Commerce proposes to repeal and create chs. Comm 122 and 128, relating to the Physician and Health Care Provider Loan Assistance Programs. The revised rules will:
g Provide clarification as to what constitutes an “educational loan” and “mental health shortage area.”
g Establish additional criteria to be used in prioritizing applicants for awards.
g List the requirements for the application process.
g Define what constitutes a breach of agreement between the provider and the Department.
g Establish penalties for breach of agreement, conditions under which penalties might be waived, and conditions under which an agreement might be suspended
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Under these programs, the Department awards grants of up to $50,000 for physicians and up to $25,000 for nurse practitioners, physician assistants, and certified nurse midwives who agree to practice primary care in a medically underserved area of the state. In the 1997 legislative session, the Wisconsin Legislature made changes to both programs designed to improve the ability of the highest need communities to recruit primary care providers to their area. In addition, the statute now includes language which allows for Wisconsin's participation in a federal program that provides matching dollars for state loan repayment programs.
Under the changes made in statute, both the physician and health care provider loan assistance programs now provide the same dollar award over a 3-year period rather than a 5-year period and greater dollar amounts in the first two years of the contract. As a result, there are more significant provider restrictions than there were in the past. These restrictions relate to areas of practice, minimum clinical hours and weeks of practice and, in the case of the federal matching program, requirements as to Medicare assignment and the availability in the clinic of a sliding fee scale for patients who are uninsured. The rules enumerate these and other items that would cause a breach of agreement, and provide for penalties in the event of a breach. Also included are provisions for waivers of penalties and conditions under which a contract may be temporarily suspended.
Statutory authority for the rule:
SS. 560.183 (5) (b) 6., 560.184 (5) (b) 6., and 560.02 (4), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that state employes will spend approximately 200 hours developing the proposed rules.
Medical Examining Board
Subject:
Med Code - Relating to clarification of administrative rules relating to physicians, podiatrists, physician assistants, occupational therapists, occupational therapy assistants and respiratory care practitioners.
Description of policy issues:
Objective of the rule:
The objective of these revisions is to make the administrative rules more understandable to the public by improving the clarity, grammar, punctuation and use of plain language in the rules. The changes being recommended relate to statutory authority, form, style and placement of provisions, conflicts or duplication of existing rules, adequacy of references to related statutes, rules and forms, and clarity, grammar, punctuation and use of plain language. The rules also include provisions relating to examination reviews, passing scores, cheating on examinations, and issues relating to the safety and welfare of the public. A substantive provision addresses the Americans With Disabilities Act.
Policy analysis:
The proposed changes focus primarily on form, style, grammar and punctuation of the existing rules in order to improve readability and eliminate outdated provisions. The changes also update citations referencing statutes which have been renumbered, modified or repealed and deal with examination reviews and dishonest acts by examination candidates. The rules create a provision relating to reasonable accommodations as required under the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 448.40, Stats.
Estimate the amount of state employe time and any other resources that will be necessary to develop the rule:
40 hours.
Natural Resources
Subject:
Ch. NR 25 - Relating to commercial fishing - outlying waters.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
This rule will implement s. 29.33 (4m) (e), Wis. Stats., as created by section 1105u of 1997 Wis. Act 27, “The department shall establish by rule a harvest limit for alewife on the waters of Green Bay and Lake Michigan.” The rule will also modify regulations pertaining to trawling on Lake Michigan and Green Bay in order to meet the Governor's direction in his veto message that, “The rule should be designed to prevent additional loss of the important alewife forage base.” The Governor also called for the rule to be presented to the Natural Resources Board (NRB) so that it is effective prior to June 15, 1998, the start of the next commercial smelt trawling season on Green Bay. In order to accomplish this, the rule will be presented to the NRB in May for adoption as both an emergency rule and as an identical permanent order. Public hearings will be held in April. This rule is highly controversial, and the DNR anticipates strong expressions of opinion from commercial trawlers and sport fishing organizations.
This action represents a change from past policy.
The establishment of a harvest limit for alewives is a significant change; however, with added provisions designed to prevent the additional loss of alewives, this rule is designed to retain the Department policy of limiting mortality of alewives in commercial fishing, in order to reserve them for use as food for salmon and trout.
