Scope statements
Administration
Subject
Objective of the rule. The Department of Administration proposes to amend ch.
Adm 9 regarding the Bidders List Registration Fee.
Policy Analysis
Section
16.702, Stats., created by the Legislature in
1995 Wis. Act 27, related to maintaining a list of bidders and required registration fees. In
1995 Wis. Act 351 (section 1df) the Legislature repealed s. 16.702 effective July 1, 2000. Accordingly, there is no longer a statutory requirement to maintain a bidders list registration fee.
Statutory authority
Staff time required
The Department of Administration estimates 30 hours.
Administration
Subject
Payroll Deduction for Charitable Purposes. Objective of the rule. The Department of Administration proposes to amend the rule to conform to existing statutory provisions.
Policy Analysis
In April 1980, the Department of Administration created ch.
Adm 30 to implement payroll deductions for charitable purposes as provided in s.
20.921 (1) (a) 4, Stats. The current s.
Adm 30.05 (11), does not include a requirement of nondiscrimination in terms of sexual orientation which is required by s.
227.10 (3) (a), Stats. In addition, DOA proposes the rule should recognize that charities participating in the Combined Charities Campaign retain their First Amendment rights. This later change relates to the issue that has been raised regarding the continued participation of certain charities in the Combined Charities Campaign.
Statutory authority
Staff time required
The Department of Administration estimates 30 hours to promulgate this rule.
Agriculture, Trade and Consumer Protection
Subject
Chapter
ATCP 146, Wis. Adm. Code (New), relating to Pork Marketing Order.
Objective of the rule. Create a marketing order for pork produced from domestic hogs that are raised and sold by Wisconsin producers, for the purposes of funding market development, research and educational programs.
Policy Analysis
DATCP administers agricultural commodity marketing orders under ch.
96, Stats. The Wisconsin Pork Producers Association has requested DATCP to develop a marketing order for pork produced from domestic hogs that are raised and sold by Wisconsin producers for the purposes of funding market development, research and educational programs.
Wisconsin pork producers are currently affected by the federal pork promotion order. However, the industry association would like to be prepared to implement a state marketing order in the event that the federal promotion order is revised or terminated following a national producer referendum. The referendum on the federal order will occur in 2004. The state marketing order would not go into effect if the federal promotion order remains intact.
The pork producers association and DATCP propose to create a state marketing order for pork, which would have the following objectives:
• Define an “affected producer" for determination of who is eligible for voting in the referendum to approve the marketing order and the election of a marketing board, and who is required to pay assessments under the order.
• Create a marketing board to be elected from among affected producers. The board is responsible for establishing budgets and allocating funds for market development, research and educational programs.
• Establish the rate or amount of assessments to be collected from affected producers on pork produced and sold in this state and the procedures for collecting and paying assessments.
• Establish the kinds of records that need to be maintained by producers and handlers in order to account for assessments collected and paid.
• Other provisions necessary to effectively administer the marketing orders.
Policy Alternatives
Marketing orders are tools for commodity producers or handlers to generate revenue for funding eligible programs under the agricultural marketing act (ch.
96, Stats.). DATCP oversees marketing board operations, including budget and marketing board elections. Producers vote in a referendum to determine whether or not to establish a marketing order. A state marketing order will not be created if a majority of eligible producers disapprove the order in a referendum. If DATCP takes no action, pork producers would not have an opportunity to choose whether or not a state marketing order would benefit them.
Statutory authority
DATCP proposes to create ch.
ATCP 146, Wis. Adm. Code, under the authority of ch.
96, Stats.
Staff time required
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes time involved in drafting rules, communicating with affected parties, holding public hearings, preparing documents and conducting a producer referendum. DATCP will use existing staff to develop this rule.
Corrections
Subject
Rule amendment to update ch.
DOC 308, relating to administrative confinement.
Objective of the rule. The Department of Corrections proposes to review this rule as part of an ongoing mission to refine the Department's administrative rules and enhance their clarity, efficiency and function in light of today's fiscal and institutional environments.
Policy Analysis
This proposed rule would create new procedures for the department in the administrative confinement process. The continual increase in prisoners, along with their increased level of sophistication, has placed a growing burden on correctional staff. This proposed rule would be evaluated and amended to reflect current needs of the institutions, the Department, the public and the inmate population.
Due to the ever-changing nature of the institutions, the procedures used today and the policies implemented in these current rules may not be functional, practical or efficient in today's prisons. For example, the Department intends to address the repeat victimization caused by predatory inmates who take advantage of accessible communication vehicles. This predatory behavior often results in additional crimes committed during incarceration, including sexual solicitation, fraud, identity theft, etc. The Department will review the use of administrative confinement in order to use security surveillance and more closely monitor these inmates.
The proposed rule would also make necessary changes in light of statutory updates and current case law, as well as changes upon evaluation of the rule's current effectiveness.
Statutory authority
Staff time required
It is anticipated that 100 hours of staff time may be necessary to review and revise the administrative rule, including drafting, cost estimates, public hearings and complying with rule making requirements. Other than staff time, it is anticipated that the resources to develop the rule will be minimal.
Corrections
Subject
Rule promulgation to amend the honesty testing of sex offenders program to include incarcerated sex offenders.
Policy Analysis
Objective of the rule. To bring the rules into conformity with s.
301.132, Stats., as amended by
1999 Act 89 (1999) which extended the honesty testing (polygraph) of sex offenders program to inmates, as well as probationers and parolees. Also, the department anticipates amending the title of ch.
DOC 332 to include a reference to the honesty testing of sex offenders program.
The alternatives to the proposed policy would result in not extending the use of honesty testing devices in the supervision of incarcerated sex offenders as permitted by law.
Statutory authority
