Estimate of Time Needed to Develop the Rule
The DHFS anticipates that approximately 800 hours of staff time will be required to develop the proposed rules. The department will create an advisory committee composed of regulated industry and local public health department representatives to review the fee structure and provide advice on the proposed rules.
Natural Resources
Subject
The rule is relating to the state wildlife grants program.
Policy Analysis
Objective of the rule. The Department requests authorization to begin development of an administrative rule to establish a grant program to help implement the Wildlife Action Plan. The State Wildlife Grants Program, funded through annual Congressional appropriations and administered by the U.S. Fish and Wildlife Service, provides federal money to Wisconsin for cost-effective conservation aimed at preventing wildlife from becoming endangered. The Department will provide financial assistance, through State Wildlife Grant funds, for projects that protect Species of Greatest Conservation Need and their habitats, as described in the Wildlife Action Plan.
Description of Policy Issues/Policy Alternatives. United States laws and policies place the primary responsibility for wildlife management in the hands of the states. State fish and wildlife agencies have a long history of success in conserving game species, thanks to the support of hunter and angler license fees and federal excise taxes. But 90 percent of our Nation's wildlife is not hunted or fished. As a result, there is a serious gap in wildlife conservation funding, and thousands of species are falling through the cracks.
State Wildlife Grants help fill that gap by supporting projects that prevent all wildlife from declining to the point of being endangered. Projects supported by this program protect and restore important lands and waters, collect information on what kinds of wildlife are in trouble, and develop partnerships with landowners to protect declining species and habitats on public and private lands. By emphasizing a proactive approach, the State Wildlife Grants Program helps us take action to protect wildlife and habitats before they become too rare and costly to protect.
In order to make the best use of the State Wildlife Grants Program, Congress charged each state and territory with developing a statewide wildlife action plan. These proactive plans identify species and habitats of greatest conservation need and outline the steps needed to conserve all wildlife and vital natural areas for future generations.
The State Wildlife Grants Program saves taxpayer dollars. Taking action to conserve wildlife before it becomes endangered is environmentally sound and fiscally responsible. Once a species declines to the point of potential extinction, recovery efforts become risky and expensive. A non-federal match requirement assures local ownership and leverages state and private funds to support conservation. In an era of tight budgets, the State Wildlife Grants Program represents how limited federal funds can be invested to get the most results for taxpayers.
Entities Affected by the Rule
State Wildlife Grants support projects that prevent wildlife from declining to the point of being endangered. Projects supported by this program protect and restore important lands and waters, collect information on what kinds of wildlife are in trouble, and develop partnerships with landowners to protect declining species and habitats on public and private lands. Therefore, public land managers and private landowners throughout the state will benefit from this program as well as public agencies, non-governmental environmental groups, researchers at universities and colleges and citizen scientists.
Comparison with Federal Regulations
Several grant programs provide opportunities for private landowners to manage their land for rare species. The U.S. Fish and Wildlife Service provides grants to private landowners through the Partners for Fish and Wildlife Program and the Private Stewardship Grant Program, which both focus on species listed at the federal level as endangered or threatened. The U.S. Fish and Wildlife Service also funds the Landowner Incentive Program (LIP). LIP was authorized by Congress to provide technical and financial assistance to private landowners who are willing to partner with their states to maintain and enhance habitat for “at-risk species". These rare animals and plants, which are identified by each state, include state- and federally-listed species and other species with small and/or declining numbers in the state. The program is intended for management, restoration and protection of private land with habitat for at-risk species. The Natural Resources Conservation Service provides funds to private landowners to restore habitat for federal or state listed species or special concern species through the Wildlife Habitat Incentive Program. The State Wildlife Grants Program is an opportunity to address the gaps in existing funding and tailor a program unique to Wisconsin.
Statutory Authority
Section 227.11, Stats., and s. 29.604, Stats.; and Department of the Interior and Related Agencies Appropriations Act, 2002, Public Law 107-63; Title I; Land and Water Conservation Fund Act of 1965 U.S. C. 4601-4 through 11.
Estimate of Time Needed to Develop the Rule
The Department will need approximately 170 hours of staff time.
Contact Person
Tara Bergeson, Bureau of Endangered Resources (ER/6) GEF 2, Madison WI 53707, (608) 264-6043, Tara.Bergeson@WI.gov
Revenue
Subject
Section Tax 2.505, relating to apportionment of apportionable income of interstate professional sports clubs.
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes and court decisions. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Entities Affected by the Rule
Professional sports clubs that are engaged in business both in and outside of Wisconsin. Also affected will be entities that prepare Wisconsin franchise or income tax returns for these clubs.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Statutory Authority
Section 227.11 (2) (a), Stats.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 100 hours to develop this rule order.
Transportation
Subject
The rule affects ch. Trans 112, relating to non-medical requirements for school bus drivers.
Policy Analysis
Objective of the Rule. Section Trans 112.15 provides non-medical requirements for school bus drivers. The Department amended the rule in April 2005, as required by 2003 Wisconsin Act 280. That act enumerated crimes and offenses and specified minimum disqualification periods for listed crimes and offenses, but directed the Department to list additional crimes and offenses and to prescribe disqualification periods not less than those specified in the statute. The 2005 rule changes specified additional disqualifying crimes and offenses and, in most cases, increased the disqualification periods beyond those required by statute. Since promulgating the rule, the Department is aware of some disqualifications that seem inappropriately severe given the underlying offense, or given the time passed since the crime or offense was committed.
The rule making will consider the list of disqualifying offenses, the appropriate disqualification period, a process for internal reviews or appeals requested by a disqualified applicant (possibly including consideration of such factors as rehabilitation or other mitigating factors such as those considered in ch. HFS 12, Caregiver Background Checks).
The rule making will also add ordinance violations to disqualifying offenses and prescribe the disqualification periods for those offenses.
Description of Existing Policies. The Wisconsin Department of Health and Family Services requires background checks of caregivers under ch. HFS 12 and provides disqualification periods intended to protect those served by the caregivers.
Entities Affected by the Rule
School children, school bus drivers, schools, school districts.
Comparison with Federal Regulations
None.
Statutory Authority
Section 343.12, Stats.
Estimate of Time Needed to Develop the Rule
40 hours
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