The rules would implement the provisions of
2007 Wisconsin Act 125 that relate to verified statements and penalties for each of the economic-development grant or loan programs administered by the Department, and penalties for each of the tax credit programs administered by the Department.
Policy Analysis
The Department has various rules for administering several economic development programs, but those rules typically do not include the expected text in the proposed rules that would (1) require submittal of a verified statement signed by both an independent certified accountant and the director or principal officer of the recipient of an economic development grant or loan; and (2) specify penalties the Department may impose for submitting false or misleading information, or for failing to comply with the terms of a contract and then failing to adequately explain the noncompliance. This rulemaking may also include minor changes to the Department's other economic development rules to achieve consistency with this new chapter Comm 205 and with
2007 Wisconsin Act 125. The alternative of not promulgating these rules would conflict with the directives in Act 125 that (1) require this promulgation for each of the economic development programs administered by the Department, and (2) require the Department to coordinate the development of these accountability measures with the other State agencies that administer economic development programs.
Statutory Authority
Comparison with Federal Regulations
The federal Government Performance and Results Act (GPRA) of 1993, as primarily enacted in sections 1115 and 1116 of Title 31 of the United States Code, contains several main elements that are substantially similar to the main elements of
2007 Wisconsin Act 125 — such as requiring governmental executive agencies to (1) establish measurable goals and performance indicators for each applicable program administered by the agency, and (2) annually submit a corresponding detailed report to legislative reviewers that assesses the overall effectiveness of each of those programs. However, GPRA does not include the Act 125 requirements that (1) the recipients of the program benefits must submit performance and financial reports and corresponding verified statements to the administering agency; and (2) administering agencies must establish penalties for a recipient who submits false or misleading information, or who fails to comply with the terms of a contract and then fails to adequately explain the noncompliance.
Section 6304 of Title 31 of the United States Code requires a federal executive agency to use a grant agreement as the legal instrument reflecting the relationship between the United States Government and a State, a local government, or other recipient when (1) the principal purpose of the relationship is to transfer something of value to the recipient to carry out a public purpose, and (2) substantial involvement is not expected between the executive agency and the recipient when carrying out the activity contemplated in the agreement. Several of the economic development programs administered by the Department of Commerce include federal grant funding and therefore are addressed in such grant agreements. The Department likewise uses similar grant and loan agreements with the local recipients of the benefits of these and other economic development programs. Federal administrative requirements for grant agreements between federal agencies and nonprofit organizations, for example, are established in section 215 of Title 2 of the Code of Federal Regulations. Those requirements include having the recipient submit performance reports and financial status reports to the awarding agency at least annually – and the financial status report must include a certification statement from an authorized official for the recipient, that attests to the accuracy and completeness of the report and to the validity of all included outlays. This required recipient performance reporting closely matches the recipient performance reporting that is required in
2007 Wisconsin Act 125; and the required certification statement on the financial report closely matches the verification statement which is likewise required in Act 125, and which is to be addressed in the proposed rules.
Sections
215.61 and
215.62 of Title 2 of the Code of Federal Regulations specify that grant awards may be withheld, suspended, or terminated in whole or in part if a recipient fails to comply with the terms and conditions of an award. These penalties for this failure closely match the withholding-payment penalty which is authorized in Act 125 for recipients who fail to comply with the terms of a grant or loan agreement, and which is to be addressed in the proposed rules.
Under the federal civil money penalty law, as enacted in 1981 and as currently applied, for example, to the Social Security program through section 1320a-8 of Title 42 of the United States Code, any person who submits false or misleading statements for an agency's use in determining eligibility for program benefits is subject to a penalty of not more than $5000 for each such statement, and to an assessment of not more than twice the amount of benefits or payments paid as a result of the statements. Since 1981, the provisions of the civil money penalty law have been expanded by reference to numerous types of fraudulent and abusive activities, including those addressed by the federal Economic Development Administration. These penalties for these statements closely match the Act 125 penalties which impose a forfeiture or recoup a payment in response to submittal of false or misleading statements, and which are to be addressed in the proposed rules.
An Internet-based search of recent editions of the Federal Register did not reveal any currently proposed federal regulations regarding penalties in the economic development grant and loan programs administered by the Department; or regarding penalties for submitting false or misleading information in the economic development tax credit programs administered by the Department. In the November 21, 2007, edition of the Federal Register, notice was found of a proposal by the federal Department Housing and Urban Development to extend its information-collection requirements to include requirements for grant recipients to report against their baseline performance standards, in a manner that standardizes grants progress reporting requirements and promotes greater emphasis on performance and results in grant programs.
Entities Affected by the Rule
The rules may affect any entity that chooses to accept an economic development grant or loan or tax credit administered by the Department.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 200 to 400 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Medical Examining Board
Subject
Revises section
Med 1.02, relating to application requirements for a license to practice medicine.
Objective of the Rule
To eliminate the requirement that applicants for a license to practice medicine and surgery submit a verified photographic copy of the diploma conferring the degree of doctor of medicine or doctor of osteopathy granted to the applicant verifying graduation from a medical or osteopathic school approved by the board.
Policy Analysis
Currently, physician applicants are required to submit as part of the application to practice medicine and surgery in Wisconsin verified documentary evidence of graduation from a medical or osteopathic school approved by the board and a verified photographic copy of the diploma from the school. Diplomas are more susceptible to fraud than verification directly from the school and are viewed by the Division of Credential Processing as unnecessary so long as verified documentary evidence from the school is required.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Physician applicants, medical and osteopathic schools approved by the board, and the Wisconsin Department of Regulation and Licensing.
Estimate of Time Needed to Develop the Rule
80 hours.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises Chapters
NR 20,
21, and
23, pertaining to fishing regulations on inland waters, Wisconsin-Minnesota, and Wisconsin-Michigan boundary waters, and revises Chapter
NR 24, pertaining to clamming.
Policy Analysis
The Department is beginning the process of recommending changes to Wisconsin administrative code relating to recreational fishing and clamming regulations. These changes are proposed to better protect and enhance the State's fish and clam resources, and d not reflect major changes in Department policy. The Department anticipates requesting hearings on these changes in January, 2009, and holding hearings, if approved, in April 2009.
Statutory Authority
Comparison with Federal Regulations
Authority to promulgate fishing regulations is granted to States. No federal regulations apply to the proposed changes in regulating recreational fishing activity.
Entities Affected by the Rule
The proposed rule changes will affect recreational anglers and clam harvesters.
Estimate of Time Needed to Develop the Rule
The Department anticipates spending approximately 200 hours in the rule development process.
Contact Information
Joseph M. Hennessy
Wisconsin Department of Natural Resources
Bureau of Fisheries Management (FM/4)
101 S. Webster St., Box 7921
Madison, WI 53701-7921
Ph: 608-267-9427
Fax: 608-266-2244
