Scope statements
Agriculture, Trade and Consumer Protection
Subject
Objective of the rule. Create rules identifying the discretion the department will use in the enforcement of rules against small business in compliance with s.
895.59 (2), Stats., and make minor technical changes and updates to a variety of current rules.
Policy analysis
The part of the rule concerning enforcement discretion will potentially affect all small businesses that engage in activities that are the subject of current and future rules of the department. Those small businesses include farms and other food producers, food processing, warehousing, food wholesalers, retail food establishments, sellers of consumer goods and services and residential rental property owners.
The technical changes department proposes to make include the following:
• Update technical standards incorporated by reference in current rules (new editions of technical references cited in current rules).
• Correct erroneous and obsolete citations and cross-references.
• Correct typographical errors.
• Make non-substantive organizational and drafting changes.
• Make other minor changes to current rules.
The technical changes do not raise any significant policy issues.
Policy alternatives
The part of the proposed rulemaking concerning enforcement discretion is being undertaken to comply with the statutory directive contained in s.
895.59 (2), Stats., that provides, “Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business." Given the statutory requirement, there is no alternative to adoption of the rule.
Statutory authority
Staff time required
The department estimates that it will use less than .1 FTE staff time to modify this rule. This includes research, drafting, preparing related documents, holding public hearings, and communicative with affected persons and groups. The department will use existing staff to develop this rule.
Comparison with federal requirements
There are no federal regulations that address the subject proposed to be treated by this rulemaking.
Health and Family Services
Subject
The Department of Health and Family Services proposes to create Ch.
HFS 44, relating to reasonable efforts to prevent the removal of children from their homes and to reunify children with their families in the context of the best interests of the child, to achieving the goal of the permanency plan, and to permanency planning.
Policy analysis
At the present time, there are federal laws and regulations and state laws related to the issues to be included in this rule. To a certain extent, the purpose of this rule is to codify those existing requirements. Over the years, as federal laws and regulations have changed, we have also issued numbered memos (policy memos) to implement those changes. This rule will also codify those memos. The federal requirements, in terms of laws, are primarily found in Titles IV-B and IV-E of the Social Security Act as affected by the Adoption Assistance and Child Welfare Act of 1980, the Indian Child Welfare Act of 1978, the Adoption and Safe Families Act of 1997, the Chafee Foster Care Independence Act of 1999, and other laws.
It is important that these requirements be codified into an administrative rule because it is currently very difficult for county child welfare staff, judges, District Attorneys, Corporation Counsel, and others to understand the complexity and comprehensiveness of existing requirements when they are so sporadic and unorganized.
The rule will also include some new policies, mostly relating to how requirements are to be implemented (e.g., conducting permanency plan reviews, submitting review results to the court, supervisory sign-off at various stages in the case process).
Statutory authority
Staff time required
A great deal of work has gone into what will become the content of the rule over many years. It is anticipated that approximately 20 hours of staff time will be required prior to Department level review.
Comparison with federal requirements
Federal law and regulations establish the parameters for the content of the rule. For example, federal law requires that agencies provide reasonable efforts to prevent the removal of a child from his or her home; the rule will assist agencies in determining what efforts are “reasonable."
For the most part, the federal regulations applicable to this rule are found at
45 CFR 1356 and
1357. The rule generally either replicates the federal regulation (or law under Title IV-E of the Social Security Act) or provides additional guidance on the implementation of that law or regulation. The rule is not more strict than the federal regulation but, as noted above, provides some level of definition for terms used but not defined in the federal regulation or law. In addition, the rule provides policies and procedures for implementing federal requirements (e.g., federal law requires 6-month reviews of permanency plans; the rule provides the mechanisms by which those reviews must occur).
Entities affected by the rule
The rule will have a direct impact on DHFS, the Department of Corrections, county departments, private child placing agencies, residential care centers, group homes, treatment foster parents, foster parents, courts, and others affiliated with the child welfare and juvenile justice systems.
Insurance
Subject
Licensing of intermediaries and affecting small businesses.
Objective of the rule. Changes required to chs.
Ins 6,
26 and
28 to adopt language conforming to the NAIC Producer Model Act, NAIC Uniform Resident Licensing Standards, NAIC Uniform Continuing Education (“CE") Standards, changes required for the migration from paper to electronic processing within a new computer environment and to modify fees as required.
Policy analysis
It is the intent to adopt national uniform licensing and CE standards by 2006; to modify rules relating to renewal and CE compliance so all are in place at the time of conversion to an updated computer system. Failure to comply with model licensing and continuing education standards will cause problems with reciprocity with the other states, and may constitute grounds for the imposition of federal regulation. Fees need to be adjusted to cover increased expenses and reduced in other areas because of less costly electronic processing.
Statutory authority
Staff time required
400 hours and no other resources are necessary.
Comparison with federal requirements
There is currently no federal regulation of insurance agent licensing requirements. The threat of federal regulation in the insurance industry has been proposed over the past several years. Uniform standards in licensing and continuing education will eliminate the need for federal regulation in the future.
Entities affected by the rule
Insurance Intermediaries (individuals and firms), Managing General Agents (individuals and firms), Reinsurance Intermediaries Brokers and Managers (individuals and firms), Prelicensing Education Schools, Continuing Education Providers and Insurers.
Natural Resources
Subject
Removal of sunset dates from rules which establish small game and spring turkey hunting in select state parks.
Policy analysis
In 2002, the department promulgated administrative rules which established small game hunting in four state park properties and offered expanded spring turkey hunting opportunities in three state parks. Based on recommendations from a citizen advisory committee, a three year sunset was placed on these hunting opportunities in order to measure user tolerance for increased hunting opportunities on these properties. Following an evaluation of the 2003 and 2004 hunting seasons, which looked at criteria such as hunter utilization and user conflicts, the department recommends that these hunts continue at three of the four state parks where small game hunting was offered, since there was no evidence that these additional hunting opportunities conflicted with non-hunting park utilization at these parks. Additionally, the department recommends that the spring turkey hunts continue at each of the three state parks where additional opportunities were offered during the pilot.
Statutory authority
Staff time required
Approximately 200 hours will be needed by the department to develop the rule prior to and following the hearings.
Comparison with federal requirements
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. This rule change does not violate or conflict with the provisions established in the Federal Code of Regulations.
Entities affected by the rule
Groups impacted or interested in this rule include state park users, State Park Friends Groups, and small game and turkey hunters.
Natural Resources
Subject
Modification to ch.
NR 10, establishing a deer hunting season at Straight Lake Wilderness State Park.
Policy analysis
The 2,779 acre Brunkow Hardwoods Cooperation department land acquisition in northern Polk County has allowed for the establishment of the Straight River Wildlife Area and Straight Lake Wilderness State Park. Together the state park and wildlife area is n undeveloped, heavily wooded property that is relatively pristine and undisturbed. It contains an extremely rich diversity of flora and fauna as well as very unusual geographic features. Without a deer hunting season to control deer populations on the state park property, deer herd control will not occur at the state park for several years (until the master plan is complete). This will result in an increasing deer population, which typically results in increased direct and indirect adverse impacts on the native plant communities. This rule proposes a conservative deer season in advance of a completed master plan that may be modified should the property master plan prescribe an alternative hunting season structure. Initial meetings with interest groups support hunting on the property in advance of a completed master plan.
The Natural Resources Board approved the purchase of the property and the establishment of the park with the understanding that hunting, amongst other recreation pursuits would be available on the property. Typically the establishment of rules does not precede master plan completion. However, in this instance and in the case of Governor Thompson state park in 2004, potential direct adverse impacts on native plant communities and the potential for these large properties to serve as deer refugia has led the department to establish deer hunting season in advance of the final property master plans. With either park, if the master planning process results in a recommendation for an alternative deer season framework and regulations, then the department will initiate rule making to implement the preferred season structure. Additionally, due to the need for a prompt solution for controlling the deer herd at Straight Lake state park, traditional use of the Spring Hearings to establish deer hunting seasons at state parks is not feasible and this independent rule proposal is being advanced.
Statutory authority
Staff time required
Approximately 142 hours will be needed by the department to develop the rule prior to and following the hearings.
Comparison with federal requirements
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. This rule change does not violate or conflict with the provisions established in the Federal Code of Regulations.
Entities affected by the rule
The groups specifically interested in this rule process include deer hunters, non-hunting outdoor recreationists, farmers, foresters, motorists and neighboring landowners.
Natural Resources
Subject
Revision to ch.
NR 411, relating to diesel and particulate matter emissions from indirect sources.
Objective of the rule. The thrust of the proposed changes will shift our current focus away from carbon monoxide (CO) control from cars and onto the issue of regulating diesel exhaust from trucks.
Policy analysis
The Indirect Source Program was originally designed to insure that there would be no violations of the CO air quality standards as cars idled in a queue to enter or leave a large venue such as a ballpark or shopping mall. Motor vehicle emission characteristics have dramatically improved since the inception of the Indirect Source Permitting Program and CO from these venues has become much less of a threat. However new information on fine-particles, indicate that there is significant health risks associated with exposure to fine-particles, in particular diesel exhaust. Therefore, the Department is proposing revisions to Ch.
NR 411 that are necessary to address the most significant public health issue, diesel exhaust, while reducing our focus on CO.
The Bureau of Air Management reviewed several high-profile permit applications for large-scale distribution centers with significant heavy-duty diesel traffic. Diesel exhaust is considered a probable human carcinogen and a number of recent scientific studies indicate that exposure to elevated levels of diesel exhaust correlate to increased mortality and asthma hospitalizations. Current practice in the Indirect Source Program is to secure voluntary controls to mitigate diesel exhaust exposure. Success with this approach has been mixed. The challenge is to develop a de minimus permit threshold applicable to truck traffic and establish criteria that provide adequate public health protection from diesel exhaust.
Also, revising ch.
NR 411 will allow the Bureau of Air Management to reduce the number of permits that require review by re-evaluating the parking space threshold for cars. CO levels from automobiles have been significantly reduced through technological advances to the point where it is very unlikely that a development with 1000 parking spaces and adequate traffic capacity will actually cause a CO violation. In addition, eliminating the CO screening level analysis required of all roadway expansion projects could further improve program efficiency.
Statutory authority
Staff time required
The Department will need about 560 hours of total staff time.
Comparison with federal requirements
Not applicable
Entities affected by the rule
The Wisconsin Department of Transportation
Federal Highway Administration
WDNR Environmental Analysis Staff
Environmental and Traffic Consultants
Diesel Engine Manufacturers
Developers
Construction Industry
Truck Stops
Environmental Advocacy Organizations
Diesel Engine Retrofit Businesses
Public Instruction
Subject
Signature requirements for the open enrollment application.
Objective of the rule. The Department proposes to amend s.
PI 36.03 (1) (d), to delete the requirement for both parents to sign an open enrollment application form when the parents are divorced or legally separated and have joint custody.
Policy analysis
The current provision was intended to require parents to keep each other informed and to keep school districts out of the middle of the situation. However, it has created a hardship in cases where one custodial parent cannot be located.
In other cases, the rule has had the opposite of the desired effect. The open enrollment period is only three weeks long and custody issues can be very complicated. Three weeks can be too short a time to have the issue resolved, especially when mediation and/or family court are involved. Requiring both signatures before the issue has been resolved reduces the child's educational options. And occasionally, school districts are drawn into the disagreement, rather than be insulated from it.
The open enrollment form is an application only. Allowing one of the custodial parents to sign the form, even without informing the other, is not determinative of where the child must go to school. That question must be resolved in the way all joint custodial decisions are made. But it keeps the open enrollment option open until such time as the parents can make a joint decision.
Statutory authority
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Comparison with federal requirements
There are no similar existing or proposed federal regulations concerning inter-district open enrollment programs.
Veterans Affairs
Subject
Section
VA 2.03, relating to the retraining grant program.
Objective of the rule. The Department seeks to modify certain aspects of the retraining grant program in compliance with its proposed 10-year solvency plan for the Veterans Trust Fund (VTF). The Department intends to limit the grant to a specific amount per economic event and to establish a lifetime limit of the number of grants per veteran. Additionally, the Department will impose a verification requirement to ensure that the veteran successfully completed the training program and an additional provision that will require veterans to use alternative sources of funding, if available. Other modifications may be proposed to assure that the grant funds are used for those veterans in greatest need of the funds.
Policy analysis
The Department administers a retraining grant program under s.
45.397, Wis. Stats. The program provides assistance to veterans who lose employment or become underemployed through no fault of their own. The Department determined that several additional safeguards should be built into the program to assure that VTF funds are first used for those veterans who have no alternative funding available and who successfully complete the retraining program. The proposed modifications will help assure these objectives while providing a stabilizing force on VTF expenditures. This will permit the Department to continue to offer a variety of other benefits funded by the VTF.
Statutory authority
Staff time required
Approximately 40 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
Comparison with federal requirements
The retraining grant program is administered under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
Entities affected by the rule
The rule will affect applicants for grants under the retraining grant program.
Veterans Affairs
Subject
Section
VA 17.05 (2), relating to reimbursement for the performance of military funeral honors.
Objective of the rule. The Department seeks to modify the rule so as to coordinate the planning for the provision of honors and the level of reimbursement with the National Guard military funeral honors stipend program.
Policy analysis
The Department provides military funeral honors directly, as well as coordinating the provision of such honors by veterans organizations. When the honors are provided by a veterans organization, a specified reimbursement is provided based upon the level of honors provided, as defined in the rule. Recently, the National Guard has begun providing separate funding for the provision of military funeral honors. The coordination of the provision of the honors, as well as the level of reimbursement, will allow the Department to access additional funds for the purpose of reimbursement, thereby reducing expenditures from the Veterans Trust Fund.
Statutory authority
Staff time required
Approximately 5 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
Comparison with federal requirements
The state military funeral honors program is administered under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
Entities affected by the rule
The rule will affect applicants for military funeral honors reimbursement.
