Scope statements
Commerce
Subject
Objective of the proposed rule. To update the Department's criteria in ch.
Comm 110 for awarding grants for brownfields redevelopment to be consistent with associated statutory changes that were enacted in
2001 Wis. Act 16, and to update the requirements for applying for the grants.
Policy analysis
Section
560.13 (6), Stats., requires the Department to promulgate rules that establish criteria for awarding grants under the section for brownfields redevelopment or associated environmental remediation. These rules are currently in chapter Comm 110, which also includes requirements for applying for the grants, the conditions of required contracts with the Department, limitations on use of the grant funds, and requirements for submitting financial audits and program reports.
2001 Wis. Act 16 modified section
560.13, Stats., by (1) expanding the listing of eligible applicants to include trustees and nonprofit organizations, and (2) prohibiting use of any grant funds to pay either delinquent real estate taxes or lien claims of the Department of Natural Resources or the federal Environmental Protection Agency.
The proposed changes to ch.
Comm 110 would (1) modify the definitions to match the statutory listing of eligible applicants, (2) expand the limitations on use of grant funds to include the statutory prohibition relating to delinquent taxes or lien claims, and (3) update several aspects of the application procedure that have evolved since the chapter was initially created as an emergency rule in 1997.
The alternative of not updating ch.
Comm 110 to match the changes in
2001 Wis. Act 16 would result in unworkable conflicts between the chapter and the overriding statute.
Statutory authority
Staff time required
The Department estimates approximately 100 hours will be needed to develop the rule changes. This time includes drafting the changes and processing them through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rule changes, and no other additional resources will be needed.
Elections Board
Subject
Objective of the proposed rule. To create ch. ElBd 9 establishing the method by which an elector's ballot is challenged at a polling place and the method by which the elector's eligibility to vote is tested.
Policy analysis
Section
6.92, Stats., requires the State Elections Board to promulgate a rule establishing the questions that are to be asked an elector whose ballot is challenged at the polling place on election day. ch. ElBd 9 ballot challenges is the Board's response to that requirement. Ch. ElBd 9 will set forth the bases for a challenge, the procedure for a challenge and the questions that may be asked an elector to test his or her eligibility to vote.
Statutory authority
Staff time required
8 hours of staff time.
Insurance
Subject
Objective of the proposed rule. To comply with the legislative mandate of
2001 Wis. Act 16 that the commissioner promulgate rules specifying the manner in which rates must be published under new s.
635.12, Stats.
Policy analysis
This is a new rule and policies have yet to be developed, the legislative mandate evinces a policy that such rates shall be published annually.
Statutory authority
Staff time required
40 hours.
Natural Resources
Subject
Objective of the proposed rule. The department plans to propose a rule, ch.
NR 148 which would consolidate requirements for facilities and laboratories - reporting data to the agency.
Policy analysis
The department has identified several inconsistencies in data reporting requirements. These inconsistencies have made it difficult for the department's customers to understand and follow applicable Administrative Rule requirements. Traditionally, the department has relied on paper reporting mechanisms and current administrative rules reflect that mode of operation. Electronic reporting mechanisms will provide an opportunity to increase efficiency and reduce errors; however, department rules need updating to allow for electronic transmittals. The department will begin the administrative rule drafting process to consolidate and bring consistency, where possible, to data reporting requirements and to provide a regulatory foundation for electronic data reporting. In most cases, the information provided with reported results is inadequate to determine the quality of the data and limits its utility for decision-making. This rule making effort will affect all DNR environment programs, regulated facilities, and laboratories which report data to the department comprehensive changes to data reporting requirements will be made for all department rules at one time as part of this proposed rule package.
Statutory authority
Staff time required
510 hours.
Natural Resources
Subject
Objective of the proposed rule. Revision of NR 150, Environmental Analysis and Review Procedures for Department Actions.
Policy analysis
Ch.
NR 150, the department's rule guiding implementation of the Wisconsin Environmental Policy Act (WEPA) was last comprehensively updated in 1987. Significant changes have taken place since then with respect to the department's statutory authorities and the extent to which the department has incorporated the elements of the environmental analysis (WEPA) process into its various resource planning, management and permit review procedures. In addition, the department has many more years of experience to help shape it understanding of the potential environmental effects and level of public interest attendant to its resource management and regulatory activities. These changes necessitate revisions to NR 150. A primary goal of the revision process will be to further streamline the department's procedures by eliminating duplicative and unproductive work and increasing the department's focus on cumulative and ecosystem-level environmental effects.
Statutory authority
Staff time required
130 plus hours.
Pharmacy Examining Board
Subject
To implement and administer a pharmacy internship program.
Objective of the proposed rule. To implement and administer a pharmacy internship program to reflect recent statutory amendments to s 450.04 (3) (b), Stats, effective December 31, 2001.
Policy analysis
Currently, no board rules exist to specify the requirements for the implementation and administration of a pharmacy internship program and establish necessary procedural and substantive guidelines for such a program.
Statutory authority
Staff time required
100 hours.
Pharmacy Examining Board
Subject
To allow practitioners and pharmacists to better meet legitimate patient need, not inconsistent with federal controlled substances prescription rules.
Objective of the proposed rule. Current requirements of s.
Phar 8.05 (5) for the dispensing of prescription orders provides that no pharmacy, individual practitioner or other DEA registered dispenser may dispense at any one time, and no individual practitioner may prescribe for dispensing at any one time, a controlled substance in any quantity exceeding a 34-day supply, except that up to a 90 day supply of any schedule III or IV anticonvulsant substance as determined by the directed dosage and frequency of dosage, may be prescribed and dispensed at one time. The proposed rule modification would make this section consistent with federal dispensing law.
Policy analysis
Removing the 34-day restriction currently contained in s.
Phar 8.05 (5), will better meet legitimate patient need in instances where a proper course of treatment as determined by a practitioner necessitates ongoing drug therapy such that dispensing a greater supply of any controlled substance will promote efficiency and continuity of treatment as well as patient convenience. The modification of this rule will therefore allow pharmacists and practitioners to more fully exercise their professional judgment in prescribing and dispensing of controlled substances.
Statutory authority
Staff time required
100 hours.
Pharmacy Examining Board
Subject
To allow the board to grant a variance from the requirement of a pharmacy to have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located.
Objective of the proposed rule. To provide greater flexibility to pharmacies in meeting the security requirements of s.
Phar 6.08 consistent with the public health, safety and welfare.
Policy analysis
Currently, s.
Phar 6.08 requires a pharmacy to have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located. Depending upon the physical structure or location of the pharmacy, other means may be available to provide for security of the pharmacy consistent with the public health, safety and welfare. Providing pharmacies a means to seek a variance from the requirements of s.
Phar 6.08 will allow legitimate alternate methods of achieving security to be scrutinized and approved by the board.
Statutory authority
Staff time required
100 hours.
Public Instruction
Subject
Policy analysis
The department proposes to make the following technical rule modifications:
• Chapter
PI 10, relating to supplemental aid for school districts with a large area, has been modified to change school district eligibility criteria under the grant program. The chapter is amended to be consistent with the statutory changes made to s.
115.435, Stats., pursuant to
2001 Wis. Act 16.
• Chapter
PI 12, relating to the Wisconsin School for the Deaf and the Wisconsin School for the Visually Handicapped, has been modified to replace the “Wisconsin School for the Visually Handicapped" with the “Wisconsin Center for the Blind and Visually Impaired." The school name has been replaced to be consistent with the statutory name changes made under Subch.
III of Ch. 115 pursuant to
1999 Wis. Act 9.
• Chapter
PI 37, relating to national teacher certification grants, has been modified to eliminate the requirement that a person be a resident of this state in order to receive a grant.
