Scope statements
Commerce
Subject
Chapter
Comm 70, relating to historic buildings.
Policy Analysis
Objective of the rule. The objective of the rule is to revise the provisions of the Department's administrative rules relating to the renovation, alteration and reuse of historic buildings. The revision is intended to update the current method of evaluating historic buildings for compliance with building construction requirements without compromising the historic significance of the structures.
Section
101.121, Stats., requires the Department to develop alternative standards for the preservation or restoration of buildings or structures designated as historic buildings. Chapter
Comm 70, Historic Buildings Code, establishes alternative building requirements that facilitate preserving or restoring buildings or structures designated as historic buildings, encourages energy conservation, permits cost-effective approaches to historic preservation and restoration, provides for the health, safety and welfare of occupants and visitors, and provides reasonable access for people with disabilities.
The Historic Buildings Code uses a safety evaluation methodology that is based upon certain aspects of the current Commercial Building Code. The Department adopted the International suite of building codes, including the International Building Code
® (IBC), as the base construction standards in Wisconsin as of July 1, 2002. Chapter
Comm 70 was also updated to cross-reference the applicable code sections in the new IBC relating to the building safety parameters used in the historic building evaluation method. In order that the Historic Buildings Code remains reasonable and focused on its statutory objectives, the Division needs to evaluate and update the code and its standards.
The alternative of not evaluating and revising the historic building code may result in several consequences, including:
1. The elimination of other alternatives to help preserve, restore and reuse historic and older existing buildings Wisconsin.
2. The imposition of over-burdensome or unreasonable standards.
3. The risk of deficient or inadequate standards that do not fulfill statutory objectives.
Statutory authority
Staff time required
The Department estimates that it will take approximately 920 hours to develop these rules. This time includes forming and meeting with an advisory council, researching and drafting the rule, and processing the rules from public hearing to adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject
Chapter
Comm 118, relating to the Agricultural Development Zone Program.
Policy Analysis
Objective of the Rule. The
2001 Wis. Act 16 provides for Commerce to administer a program for the attraction, promotion, retention, and expansion of agricultural businesses in the state.
Through the authority given in s.
560.798, Stats., Commerce is hereby proposing to create administrative rules, ch.
Comm 118 -- Agricultural Development Zone Program. This chapter shall at least address the following:
•
Creation of the process for application and designation of an agricultural development zone.
•
Provisions for a means for modification of the boundary of an agricultural development zone.
•
Creation of the process for application and certification of agricultural businesses within an agricultural development zone.
•
Establishment of criteria for eligibility to certify agricultural businesses.
•
Creation of the process to determine and claim tax benefits and notify the Department of Revenue.
Existing policies. Commerce, being the state agency with primary authority for economic development in the state, recognizes that there is a verified need to attract, promote retain, and expand Wisconsin agricultural businesses. For example, over the past 50 years, Wisconsin has experienced an average of six dairy farms leaving production each day. In the year 2001, state milk production declined by more than on billion pounds, resulting in a near 5% decline in production. Western states have increased their cheese production, while Wisconsin experiences declining milk production and dairy processing activities; this program would assist Wisconsin in regaining it's prominence in dairy and dairy processing production.
New policies. This is a new Wisconsin program initiative for the attraction, promotion, retention, and expansion of agricultural businesses in the state.
Policy alternatives. The alternative of not creating the code chapter will result negatively in the State's ability to maintain a world-class dairy production and milk processing state. The creation of this program combined with other economic development programs in the state is expected to increase the competitiveness Wisconsin's dairy industry.
Statutory authority
Staff time required
The time estimated to develop the rule is as follows:
Rule drafting and internal processing to announce public hearings = 82 hrs.
Conducting public hearings and summarizing hearing comments = 40 hrs.
Preparing rules in final draft form for legislative review = 44 hrs.
Meet with Legislators on subject rules = 4 hrs.
Prepare rule for adoption and file adopted rule = 30 hrs.
Total hours = 200
Health and Family Services
Subject
The Department proposes to create ch.
HFS 118, rules governing the development and operation of Wisconsin's Statewide Trauma Care System. The system's objective is to reduce death and disability resulting from traumatic injury by decreasing the incidence of trauma, providing optimal care of trauma victims and their families, and collecting and assessing trauma-related data.
Policy Analysis
Trauma is a sudden physical injury caused by the application of an external force or violence, such as a motor vehicle accident, a fall or a blow from a blunt or penetrating instrument. Trauma is the leading cause of death in Wisconsin among people under age 35 and is the fourth leading cause of death among the general Wisconsin population. Trauma care may, directly or indirectly, affect all Wisconsin residents and visitors. Section
146.56, Stats., directs the Department of Health and Family Services to develop and implement a statewide trauma care system. Through a statewide trauma system, health care and public safety participants will best be able to respond to and address the needs of trauma victims and their families. The Statewide Trauma Advisory Council, established under s.
15.197 (25), Stats., and appointed by the Secretary of the Department of Health and Family Services, has been collaborating with the Department for the past two years towards the development and implementation of Wisconsin's Statewide Trauma Care System. Wisconsin's Statewide Trauma Care System, when fully implemented, will enhance community health through an organized system of injury prevention, acute care and rehabilitation that is fully integrated with the public health care system in a community.
The Department's proposed rules will contain all of the following:
1. A method by which to classify the emergency care capabilities of all Wisconsin hospitals.
2. Policies guiding the development and use of Regional Trauma Advisory Councils for the purpose of developing, implementing and monitoring the trauma care system.
3. Policies governing the establishment and operation of a statewide trauma registry; triage and transfer protocols among trauma care providers; and the promotion of improved trauma provider performance.
Data collected from the state trauma registry on injury incidence, patient care and outcomes will help identify problems and evaluate the performance of the existing trauma care system. Through this information, communities will be able to assess the nature of trauma injuries in Wisconsin and establish appropriate injury prevention programs to reduce the occurrence of injuries, expedite patients' recovery and minimize the lasting effects of injuries.
Statutory authority
The Department's statutory authority to promulgate ch.
HFS 118, relating to Wisconsin's Statewide Trauma Care System is under ss.
146.56 (2) and
227.11 (2), Stats.
Staff time required
The Department estimates it will take 160 hours of staff time to develop initial proposed rules. The Department will consult with the State Trauma Advisory Council and trauma experts during the drafting of the rules, as well as trauma care participants with a particular expertise in trauma and EMS.
Regulation and Licensing
Subject
To promulgate rules needed to implement the sections of
2001 Wisconsin Act 80 that regulate music, art and dance therapy.
Policy Analysis
Newly-enacted
2001 Wis. Act 80 creates a number of changes that affect music, art and dance therapists, most specifically the creation of licenses for music, art and dance therapists to practice psychotherapy. The statutory changes become effective on November 1, 2002, and rules need to be in place by that time.
Rule changes are needed to implement the statutory changes created by
2001 Wisconsin Act 80, including some rules that are specifically referred to in the Act.
Statutory authority
Staff time required
125 hours of state employee time.
Transportation
Subject
This rule making will amend DOT administrative rules, relating to ignition interlock devices (IIDs) and driver licensing, to implement a statewide ignition interlock program and to develop a pilot project. The proposed statewide IID program will update reporting requirements for vendors and service providers to improve coordination and cooperation between the Department, assessment agencies and law enforcement.
Policy Analysis
(1) Create a process for the selection of persons to install, service and remove IIDs from motor vehicles;
(2) Provide for a periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an IID;
(3) Require IID providers in Wisconsin to establish pilot programs involving the voluntary use of IIDs;
(4) Require IID providers to provide DOT and designated law enforcement any IID installation, tampering, service and failure reports in a timely manner; and
(5) Require IID providers to notify DOT of any IID tampering, circumvention, bypass or violation resets and other relevant data recorded in the IID's memory, with DOT subsequent notification to the assessment agency of such information.
In this rule making, DOT proposes to meet these requirements as follows:
(1) Create a process for the selection of persons to install, service and remove IIDs from motor vehicles. Current rules require manufacturers of IIDs to carry product liability insurance and agree to indemnify the state for claims arising out of the use of IIDs. No other criteria for determining whether a person is qualified to install, service or remove IIDs exist.
DOT proposes to meet the legislative requirements by establishing criteria for the selection of an installer or service technician including background checks for criminal history, technical training and other relevant criteria. Training requirements should reduce the risk of an installer damaging an IID customer's vehicle and help ensure safe installation practices. The criminal history checks requirement would be used to screen persons convicted of sexual offenses, fraud, or repeat OWI violations, to protect the public and prevent repeat OWI offenders from learning how to circumvent the devices.
(2) Provide for a periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an IID. The proposed rule making will establish a schedule for vendors to submit their fee schedule to DOT for review, with administrative followup procedures for non-compliance. The Department proposes to require IID vendors to notify DOT of any changes to their fee schedule (before/within X days after) changes to the fees. DOT will post a list of authorized IID vendors and their fees on its internet site. Any changes in fees would be posted on the Department internet site before the fees become effective so the customers can compare the services and rates of authorized vendors.
The policy alternatives are to require vendor notification of fee schedule changes periodically to DOT or conducting site visits. Conducting site visits would consume scarce administrative resources. Submission of fee schedule changes to DOT for internet posting allows the Department to monitor fee changes and thereby address consumer protection concerns. Additionally, monitoring IID program fee schedule changes by requiring the posting of vendor fees on DOT's internet site allows the Department to effectively utilize limited administrative resources.
(3) Require IID providers in Wisconsin to establish pilot programs involving the voluntary use of IIDs. IID vendors may already install IIDs on vehicles of persons who are not required by law to have such a device on their vehicle. DOT proposes to gather data from vendors who install IIDs on vehicles of persons who are not required by law to have the device on their vehicle. The Department proposes to collect vendor data to facilitate possible future study to determine whether IID voluntary use reduces drunk driving among non-regulated population (e.g., company fleet vehicle drivers, teenage drivers, and first offense OWI offenders).
The alternative to requiring that vendors share data with DOT is to continue current practice whereby vendors may install IIDs on vehicles of persons who are not required by law to have the device on their vehicle without reporting. However, absent a requirement that vendors participate in the program and report information to DOT, the Department would not be able to effectively gather the data and potentially study the effects of IID voluntary use in that population.
(4) Require IID providers to provide DOT and designated law enforcement any IID installation, tampering, service and failure reports in a timely manner. Currently, IID vendors or service providers are required to share installation, removal, tampering, circumvention, bypass and violation reset reports with local law enforcement. Vendors or service providers must report within three working days installation or removal of IIDs to the Department or to the sheriff of the county where the driver resides. The vendor or service provider reports the removal or installation in a specific form designated by the Division of Motor Vehicles, which is mailed to the DMV office in Madison.
To address the timeliness concern expressed in s.
110.10 (4), Stats., DOT proposes to review the time periods for submission of the reports in the current rule. The Department may also require IID installers to electronically report installation, removal, or any indication of tampering, circumvention, bypass and violation resets when installing, removing or servicing IIDs to DOT, law enforcement and district attorneys.
Without reporting timelines DOT, law enforcement and district attorneys would be unable to respond on a timely fashion to potential IID violations. Untimely reports make it difficult for law enforcement to allocate resources to investigate possible violations. Requiring installers or service providers to electronically report installation, removal, tampering, circumvention, bypass and violation resets may prove to be an effective way to distribute the information to DOT, law enforcement and district attorneys at minimum taxpayer cost.
(5) Require IID providers to notify DOT of any IID tampering, circumvention, bypass or violation resets and other relevant data recorded in the IID's memory, with DOT subsequent notification to the assessment agency of such information. DOT proposes the establishment of a mechanism for notification of the assessment agency that administers the IID violator's driver safety plan. When vendor or service provider reports indicate IID tampering, circumvention, bypass, violation resets, or removal, DOT will make such information available to the assessment agency.
The Department also proposes to consider screening reports gathered by vendors, or have vendors screen reports before its submission to DOT, so that only reports that appear to definitely establish a violation are reported to the assessment agency.
An alternative to DOT screening reports is to provide all reports to assessment agencies and allow them to do the screening. This alternative could bury assessment agencies in paper, consume their limited resources and detract from their main purpose. Removal, tampering, circumvention, bypass and violation resets reports from vendors may lead to licensing actions by the Department or non-compliance findings by assessment agencies or treatment facilities.
This rule making, in addition to the foregoing, is also intended to: (1) improve administrative procedures to enable ignition interlock providers to comply with regulatory requirements more efficiently, (2) update regulations regarding the responsibilities of the Department, vendors and service providers, and (3) establish driver license processes related to drivers whose operating privileges or vehicles are subject to IID restrictions.
Statutory authority
Staff time required
Approximately 120 hours.
