The Department expects that its establishing the licensure category of “large family child care centers" would have the following effects:
•
It would allow child care providers to care for 9 – 12 children without requiring them to meet the ch. HFS 46, Group Day Care rules. Some smaller group child care centers would also fall into this intermediate category of care, thereby relaxing some of the licensing rules smaller group child care center providers are currently required to meet under ch. HFS 46.
•
It would increase the variety of sites where large family child care could be provided. Some residences are sufficiently large to serve more than 8 children and other types of settings, such as store fronts, would also be candidates for housing large family child care centers.
•
It will expand a given community's child care capacity.
•
It may attract more individuals and agencies into providing child care.
Statutory Authority
Section 48.67, Stats.
Staff Time Required
The Department anticipates taking about 18 months to develop and promulgate the ch. HFS 47 rules. The Department estimates that approximately 2,000 hours of Department staff time will be necessary. Principal staffing will be provided by the Bureau of Regulation and Licensing that includes the child care program specialist, licensing staff and supervisors and input from representatives from the Department's Office of Legal Counsel.
The Department will form an advisory group with representation from the Department, child care providers, professional organizations, the child care resource and referral agency network, Wisconsin Child Care Improvement Project, advocacy organizations, local agencies, Department of Workforce Development, the Department of Commerce and others. In addition, as the Department develops sections of the rules, the sections would be shared with representative groups of child care providers for review and comment and with regional and statewide forums and groups representing numerous stakeholders. These opportunities for public input would precede and would be in addition to ch. 227, Stats., formal public hearings.
Natural Resources
Subject
Clarify the definition of “indirect source" in s. NR 400.02 (85), Wis. Adm. Code, and update sections in chs. NR 438 and 484 to refer to a revised version of USEPA guidance document AP-42, Compilation of Air Pollutant Emission Factors, Volume I.
Policy analysis
The existing definition of “indirect source" needs to be clarified to distinguish between indirect emissions from roads and direct emissions from roads. Direct emissions from roads should be reported on the air program's emission inventory and should be subject to emission fees, while indirect emissions need not be reported. This rule change will affect any source that has a road that creates particulate emissions due to vehicular traffic. The reference tot he AP-42 publication needs to be updated to reflect the most recently published supplements. This publication, which the air rules incorporate by reference, contains emission factors for various categories of air pollution sources.
The proposed rule clarifies a definition and updates sections of the administrative code that refer to a USEPA reference that is updated by USEPA annually.
Statutory Authority
Sections 227.11 (2) (a), 227.21 (2), 285.11 (1) and (6) and 285.17 (1) (a).
Staff Time Required
114 hours.
Regulation and Licensing
Subject
Revision and clarification of administrative rules relating to the regulation of licensed and certified real estate appraisers.
Under federal law, the department is required to follow the guidelines set forth in the Policy Statements Regarding State Certification and Licensing of Real Estate Appraisers adopted by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and the Real Property Appraiser Qualification Criteria established by the Appraiser Qualifications Board of the Appraisal Foundation. The proposed revisions will primarily incorporate changes relating to these guidelines.
Objective of the Rule. Clarify and update administrative rules. Recommended changes relate to:
[1] revisions to the examination, education and experience requirements for licensed and certified real estate appraisers;
[2] revisions to the rules for unprofessional conduct, and
[3] clarity, grammar, punctuation, and use of plain language.
Policy analysis
Existing policies are contained in Chapters RL 80-87 and Appendix I, Wis. Admin. Code. The proposal would revise the following:
[1] definitions;
[2] examination, education and experience requirements;
[3] rules of unprofessional conduct and,
[4] Chapters RL 80-87 to make minor, technical and grammatical changes.
Statutory Authority
Sections 227.11 (2); 458.03 (1); 458.06; 458.08; 458.085, Stats.
Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule.
Staff Time Required
100 hours.
Rustic Roads
Subject
Objective of the Rule. To amend Trans RR 1.04 (3), relating to qualifications for rustic road designation, by deleting a reference to ch. Trans 76, which was repealed in 1997, dealing with functional classification.
Policy analysis
The purpose of the Rustic Roads program is to identify, designate and preserve a system of lightly traveled roads for the enjoyment of the traveling public.
Trans RR 1.04 defines a set of criteria that a potential rustic road should have in order to be nominated. Criteria in this section include:
(1) definition of "rustic" characteristics;
(2) specification that the route be a low-volume road;
(3) requirement that the road not be scheduled or anticipated for major improvement;
(4) requirement that the proposed route currently does not have high density development along it;
(5) a minimum length requirement of 2 miles, and
(6) specifying that the land adjacent to the rustic road should have appropriate zoning so that its rustic character and low density development be preserved.
Trans RR 1.04 (3) is also part of the set of defining criteria, referencing the now repealed ch. Trans 76 on highway functional classification system. This chapter used a type of classification system that grouped streets and highways according to the type of service they provided, ranging from mobility to land access function. At the upper end of the system, principal arterials emphasize traffic mobility with long uninterrupted travel and at the lower end, local streets and roads emphasize access.
There is no definition for the term "arterial" or "collector" in state statutes or in the Administrative Code. The criteria in Trans RR 1.04 are considered to be sufficient for selection of roads appropriate for inclusion in the rustic roads program without the need to include functional classification as a factor.
Therefore, Trans RR 1.04 (3) will be amended to delete the reference to ch. Trans 76.
Statutory Authority
Section 83.42, Stats.
Staff Time Required
20 hours.
Veterinary Examining Board
Subject
Modification of the definition of “unprofessional conduct" of the practice of veterinary medicine.
Policy analysis
Objective of the Rule. To define as unprofessional conduct failure to notify clients that the person assisting the veterinarian is a veterinary student or unlicensed assistant.
This rule change will make it unprofessional conduct for a veterinarian to not inform a client that the person assisting them could be an unlicensed person.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2) and 453.03 (1).
Staff Time Required
80 hours.
Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Financial Institutions
Rule Submittal Date
On April 11, 2001, the Department of Financial Institutions submitted proposed rules to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Pursuant to s. 227.14 (4m), notice is hereby provided of the Department of Financial Institutions submittal to the Legislative Council of proposed rules creating ss. DFI-SB 16.03 (7) and DFI-SL 16.05. The subject matter of the proposed rules relates to investments in development companies.
Agency Procedure for Promulgation
A hearing on these rules is scheduled for May 21, 2001.
Contact Information
The organizational unit within the Department of Financial Institutions that is primarily responsible for the promulgation of this rules is the Division of Savings Institutions. If you have questions, please contact Mark Schlei at (608) 267-1705.
Insurance
Rule Submittal Date
On April 3, 2001, the Office of the Commissioner of Insurance is submitting a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
These changes will affect ss. Ins 17.01 (3), 17.28 (6) and (6a), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2001.
Agency Procedure for Promulgation
The date for the public hearing is May 16, 2001.
