The agency is estimated to require 100 hours of staff time and no other resources.
Natural Resources
Subject:
NR Code - Relating to approving emergency rules creating new administrative code to implement rivers planning and protection grants; and to approving public hearings for permanent rule development.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
1999 Wis. Act 9 [AB 133 (budget bill)] creates a rivers planning and protection grant program necessitating rule development. Under an annual appropriation, first year funding for this program will lapse if not encumbered by June 30, 2000. Therefore, emergency rule approval is sought to provide an inaugural grant cycle in the Spring of 2000 while final permanent rules are developed. Project sponsors, local government, nonprofit conservation organizations, and rivers organizations will be impacted in a positive way, by providing a broader range of funded project types.
This rule/Board action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Enabling legislation requires development of new policies regarding rivers planning and protection grants.
This rule/Board action represents an opportunity for pollution prevention and/or waste minimization.
Statutory authority:
Section 281.68, Stats.
Anticipated time commitment:
The anticipated time commitment is 302 hours. Three public hearings are proposed to be held during February and March 2000 in the Eau Claire, Rhinelander and Waukesha vicinities.
Natural Resources
Subject:
NR Code - Relating to the Laboratory Certification Program's fiscal year (FY) 2001 budget and fees, per s. NR 149.05, Wis. Adm. Code; and presentation of the 2000 Registered Lab of the Year awards.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
No policy issues to resolve. The Department is not proposing rule changes with these items. Impacted and interested groups include all laboratories certified or registered by the State of Wisconsin.
The Laboratory Certification Program is required under s. NR 149.05 (1) (b), Wis. Adm. Code, to submit its proposed budget and fees to the Natural Resources Board for approval prior to setting the fee schedule for the upcoming fiscal year. This also includes presentation of the 2000 Registered Laboratory of the Year Awards, which recognize outstanding registered laboratories for their commitment to the production of quality data.
Timing is critical to the fee approval process. The Laboratory Certification Program bills participating laboratories each year in May, with payment due in full by the certification period's August 31 end-date. If the proposed budget and fees are not approved at the March Board meeting, it will be difficult for the Program to mail bills in time to collect the revenue necessary to operate the program during the coming fiscal year. The fee approval and billing process has progressed smoothly in past years, and no significant problems are anticipated for the FY 2001 proposal.
As also required by s. NR 149.05 (1) (b), Wis. Adm. Code, the proposed budget and fees will be submitted to the Laboratory Certification Standards Review Council, an advisory body to the Department, for review and comment in January 2000. The Council's comments will be summarized and addressed in the aforementioned background memo. Historically, the Council has supported the Program's budget and fee proposals, and their support for the FY 2001 proposal is anticipated as well.
This rule/Board action does not represent a change from past policy.
This rule/Board action does not represent an opportunity for pollution prevention and/or waste minimization.
Statutory authority:
Section 299.11 (5), Stats.
Anticipated time commitment:
The anticipated time commitment is 116 hours. Two public hearings are proposed to be held in February 2000 at Madison and Wausau.
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Subject:
Ch. NR 10 and s. NR 15.13 - Relating to trapping and hunting regulations (annual housekeeping order).
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Minor changes will be made to the trapping and blind restriction rules and the permitting process for wildlife research on the University of Wisconsin Arboretum lands. A more concise definition for State park lands and a modification to allow zone T permits to be filled during a disabled hunt is also proposed.
This rule/Board action does not represent a change from past policy.
This rule/Board action does not represent an opportunity for pollution prevention and/or waste minimization. This action relates to the adoption of federal requirements that do not include or allow for pollution prevention.
Statutory authority:
Section 29.014, Stats.
Anticipated time commitment:
The anticipated time commitment is 186 hours. One public hearing is proposed to be held in March 2000 at Madison.
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Subject:
Ch. NR 10 and ss. NR 11.05, 16.02, 17.01 and 17.02 - Relating to trapping and hunting regulations (spring hearing questionnaire).
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
1. Establish mourning dove hunting season, daily bag limit, and possession limit. [s. NR 10.01 (1) (h)]
2. Establish showshoe hare hunting season dates, daily bag limit, and possession limit. [s. NR 10.01 (3) (c) 1.]
3. Include unfilled gun deer licenses in muzzleloader season. [s. NR 10.01 (3) (es)]
4. Establishes a statewide deer gun season closing time of 15 minutes after sundown. [s. NR 10.06 (5)]
5. Allow the same rifle cartridges that are legal for deer and bear hunting legal for handguns. [s. NR 10.09 (11) (c)]
6. Require timely registration of bobcat, fisher and otter harvest. [s. NR 10.145 (5) (a) 1.]
7. Eliminate the New Auburn Subzone for migratory birds. [s. NR 10.31 (1) (d)]
8. Amends map of pheasant management zones to include parts of Eau Claire and Pepin counties. [s. NR 10.34]
9. Establishes a closed season for resting waterfowl in the Winx Flowage Area. [s. NR 11.05]
10. Requires game farm mute swans to be penned or sterilized. [s.
NR 16.02 (5) (e)]
11. Requires ch. NR 17 permittees to permanently mark captive protected wild animals prior to release for dog training. [ss. NR 17.01 (5) (f) and 17.02 (3) (c)]
This rule/Board action represents a change from past policy.
This rule/Board action does not represent an opportunity for pollution prevention and/or waste minimization. This action relates to the adoption of federal requirements that do not include or allow for pollution prevention.
Statutory authority:
Section 29.014, Stats.
Anticipated time commitment:
The anticipated time commitment is 256 hours. Public hearings are proposed to be held in every county of the state (72 locations) on April 10, 2000.
Nursing, Board of
Subject:
N Code - Relating to providing for grant of a limited license to an applicant for renewal who has not renewed his or her license in more than five years and who cannot demonstrate current competency, in order to permit the applicant to complete a nursing refresher course.
Description of policy issues:
Objective of the rule:
Under s. N 5.08 (2), the Board may require a credential holder who has failed to renew his or her license within 5 years after its renewal date to demonstrate continued competence in the practice of nursing as a prerequisite to credential renewal. The rule provides that the Board may require demonstration of competence by various methods, including written or oral examination, documentation of nursing work in other jurisdictions, or documentation of current education or experience in the field. Where an applicant is unable to demonstrate current competence in the manner suggested, the Board has required the applicant to appear before the Board in order to provide the Board an opportunity to determine what remedial education and training is necessary. In cases where there is no other negative information relating to the application, the Board has invariably required that the applicant complete a nursing refresher course. The proposed rule would provide for a limited license to permit an applicant who is unable to demonstrate current competence to complete a nursing refresher course without the need to make a personal appearance before the Board.
Policy analysis:
The Board has authority under s. 440.08 (3), Stats., and s. N 5.08 (2), to require that an applicant who has failed to renew his or her credential in more than 5 years to demonstrate current competence. In most instances, there is no adverse information relating to the applicant and the only question is whether he or she has remained current in the profession. In cases where the applicant is unable to demonstrate current competence, he or she has been required to appear before the Board for a personal appearance, thus delaying the renewal of the license for two to three months. The Board's invariable decision in these cases is to require simply that the applicant complete a nursing refresher course. A nursing license is a prerequisite to enrollment in nursing refresher courses, and the proposed rule would permit the applicant to receive a limited license for that purpose without suffering the expense and delay of making a personal appearance before the Board.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 441.01 (3), Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule.
50 hours.
Public Instruction
Subject:
PI Code - Relating to the alternative education grant program under s. 115.366, Stats.
Description of policy issues:
Rationale for proposed rule development:
