Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the January 31, 2002, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Administration
(CR 01-048)
An order creating ch. Adm 46, relating to high-voltage transmission line fee.
Effective 2-1-02
Summary of Final Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Summary of Comments of Legislative Standing Committees
None reported.
Agriculture, Trade and Consumer Protection
(CR 01-004)
An order affecting ch. ATCP 48, relating to drainage district finances and grants to county drainage boards.
Effective 2-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed revision of Chapter ATCP 48, Wis. Adm. Code, will have a positive impact on small businesses. The revision codifies a newly instituted cost-share grant program designed to assist drainage boards with producing specific work products, which will in turn improve their management of drainage districts. It establishes the process and timelines for drainage boards to apply and receive grant funds. These funds are specifically intended to reduce the financial burden on drainage district landowners, as it is the landowners who finance compliance with existing rule requirements. Items that may be cost-shared include the development of:
1. District Specifications (including detailed maps)
2. Benefits Reassessments
3. Compliance (maintenance) Plans
The rule revision also establishes County Treasurers as the official treasurers for all drainage board financial matters. A drainage board may appoint a deputy treasurer to assist the County Treasurer with management of drainage board fiscal matters, but it is the county treasurer who is responsible for retention of all grants-related documents.
Fiscal Impact. Small businesses in drainage districts will experience a positive fiscal impact from this rule revision as drainage boards are provided financial assistance to comply with existing rule provisions. This rule revision provides up to $500,000 per year for six years in cost-share assistance. Prior to this revision, small businesses located within drainage districts would have borne the entire cost of complying with ch. ATCP 48 requirements.
Prior to this revision, a very small percentage of drainage boards took the initiative to produce drainage district specifications and compliance (maintenance) plans required by ch. ATCP 48. Most drainage boards considered the cost of complying with the rule to be too great a burden on district landowners. It is anticipated that this cost-share assistance will greatly reduce that burden and, thereby, encourage greater compliance with the rule. It is estimated that this funding will allow about ten drainage boards to produce work products for a total of 40 districts each year. At this pace, it is anticipated that all districts may be assisted over the six-year life of the grants.
Recordkeeping. The proposed rule revision will not impose any new recordkeeping requirements on small businesses. A few new recordkeeping requirements are required of county treasurers and drainage boards members.
Professional Skills Required to Comply. Small businesses will not need to acquire any new skills -- or retain additional professional services -- to comply with the rule revisions.
Summary of Comments of Legislative Standing Committees
On July 18, 2001, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Labor and Agriculture and the Assembly Committee on Agriculture.
The Senate committee took no action on this rule during the review period
The Assembly committee took no action on this rule during the review period.
Corrections
(CR 00-140)
An order affecting ch. DOC 302, relating to classification, assessment and evaluation, and program review.
Effective 2-1-02
Summary of Final Regulatory Flexibility Analysis
This rule does not impact small business.
Summary of Comments of Legislative Standing Committees
None reported.
Health and Family Services
(CR 99-071)
An order affecting ch. HFS 58, relating to the eligibility of nonparent relatives of children to receive kinship care or long-term kinship care benefits to help them provide care and maintenance for the children.
Summary of Final Regulatory Flexibility Analysis
These rules apply to the following agencies and individuals: The Department of Health and Family Services, the Division of Hearings and Appeals in the Department of Administration, County Departments of Human/Social Services, Tribal Child Welfare Agencies and individuals who apply for a kinship care or long-term kinship care benefit.
None of the affected agencies or individuals are “small businesses" as defined in s. 227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
The Department submitted the final proposed rulemaking order to the presiding officers on July 9, 2001. On September 5, 2001, the Senate Committee on Human Services and Aging held a hearing on final proposed rules. At the hearing, the Department submitted a germane modification to s. HFS 58.06 (2). On September 6, 2001, the Department received a letter from Senator Robson on behalf of the Senate Committee on Human Services and Aging requesting the Department to make two changes to the proposed rules. One of the requests pertained to making further changes to s. HFS 58.06 (2) presented by the Department at the September 5th hearing, while the other pertained to s. HFS 58.12. On September 6, 2001, the Department notified Senator Robson that it did not intend to amend the proposed rule in the manner requested by her Committee.
The Senate Committee on Human Services and Aging formally objected to the final proposed rule on September 14, 2001.
On November 14, 2001, the Joint Committee for the Review of Administrative Rules (JCRAR) held a hearing on the final proposed rule. By a 5-5 tie vote, JCRAR failed to concur in the standing committee's objection. The Department received a letter dated November 15, 2001 that, given that JCRAR failed to sustain the Senate Committee's objection, the Department was free to file the rule.
Health and Family Services
(CR 00-151)
An order amending HFS 94, relating to the rights of patients to make telephone calls.
Effective 2-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed permanent rule will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
Health and Family Services
(CR 01-045)
An order creating ch. HFS 95, relating to the use of force to prevent escapes, pursue and capture escaped persons detained or committed and to provide security at facilities housing such persons.
Effective 2-1-02
Summary of Final Regulatory Flexibility Analysis
The rule will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
At the conclusion of the November 14, 2001 meeting of Assembly Committee on Corrections and the Courts, the committee informally asked the Department to consider changing “bodily injury" to “great bodily injury" in s. HFS 95.06 (1) (c), which addresses when lethal force may be used. Specifically, the language in question currently states that lethal force may be used only when the user reasonably believes such force is necessary to prevent death or bodily injury. The Committee's concern was that this language may unintentionally allow the use of lethal force in situations that are not serious enough to call for lethal force.
The Department believes a language change is unnecessary because the rule as currently drafted addresses the committee's concern. Specifically, the language in question must be read in the context of the entire s. HFS 95.06 which describes the full use of force continuum. Of particular importance is s. HFS 95.06 (1) (a), which introduces the progression of force allowed as follows:
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