(a) Duties; and
(b) Access to information; fees.
Section
227.11, Wis. Stats.: Extent to which chapter confers rule-making authority.
Comparison with Federal Regulations
All projects that the DNR conducts, funds or approves must be in compliance with federal and state Endangered Species laws. Examples include land acquisition, land and water planning and development projects, sustainable forestry certification, Managed Forest Law (MFL) plan development, NEPA compliance for receipt of federal aid, and DNR permit review. Because federal compliance is required for receipt of federal grants (federal Sport Fish Restoration and Pittman-Robertson funds granted to the Department totaled nearly $23 million in fiscal year 2009), the Endangered Resources Review Program has worked with the U.S. Fish and Wildlife Service (USFWS) to develop joint screening procedures. These procedures have been approved by the Department as well as by the USFWS Federal Aid Office. The procedures require checking the NHI database for occurrences of listed species and provide an opportunity to screen for Special Concern species to ward off future listings. Thus a myriad of DNR programs within Central Office and the regions depend on services that the Endangered Resources Review Program provides (including NHI data available through the online NHI Portal, species management guidelines, endangered resources review services, NHI data sharing services, training, and technical support) for conservation compliance. The provision of timely and accurate NHI data through the NHI Portal along with the technical support and services provided by the Endangered Resources Review Program are an insurance policy for the Department. They ensure that all Department programs meet state ESA requirements, that Department permits are issued in a timely manner, and that federal grants are not held up by the USFWS for noncompliance. The Endangered Resources Review Program strives to continue to develop and improve tools and provide services that facilitate and streamline compliance with state and federal endangered species laws for both internal staff and external customers and partners.
Entities Affected by the Rule
The Endangered Resources Review Program evaluates projects for potential impacts to rare resources and shares NHI data on rare species and high quality natural communities with external partners and customers for conservation purposes. As a result, there is a broad array of groups likely to be interested in and/or impacted by this proposed rule change including federal and state agencies, county and local units of government, private businesses (e.g., utilities, commercial and residential developers, environmental consultants, private foresters), non-profit organizations, university and college researchers, county forests and public and private landowners.
Estimate of Time Needed to Develop the Rule
The Department anticipates that approximately 268 hours of staff time will be needed.
Contact Information
Erin Crain
Bureau of Endangered Resources (ER/6)
GEF 2, Madison WI 53707
Phone: 608-267-7479
Transportation
Amended Scope Statement
Original Publication: Register No. 633,
September 30, 2008, eff. 10-1-08
Subject
Revises Chapter
Trans 100, relating to insurance requirements.
Objective of the Rule
This Statement of Scope is published as part of a rule making effort that a Scope Statement published on October 1, 2008 initiated amending ch.
Trans 100, relating to insurance requirements.
2009 Wis. Act 28 enacted a number of changes to Ch.
344, Stats., creating a mandatory insurance requirement for the State of Wisconsin.
2009 Act 28's amendments to Ch.
344, Stats., require the Department to promulgate rules to implement and administer the new law.
The objective included in the prior published statement specified the amendment of Ch.
Trans 100 to resolve circular logic of some statutory provisions in Ch.
344, Stats., related to license reinstatement. The additional objective to be included is to implement the mandatory insurance provisions enacted as part of
2009 Wis. Act 28.
Policy Analysis
A. Matters included in the prior published Scope Statement
1. Resolve Statutory Ambiguity.
DOJ has recommended that DOT amend Ch.
Trans 100 to deal with an ambiguity/inconsistency in Ch.
344, Stats. The Department has always interpreted s.
343.44. Section
344.27(3), Stats., provides that "If the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s.
344.26." DMV has interpreted this provision as requiring the judgment be satisfied before it can release any damage judgment suspension that was temporarily lifted because of a court order if the suspension was reinstated because the judgment debtor didn't meet the requirements of the court order. Under the statute, a judgment is “satisfied" for purposes of this law once the judgment debtor pays an amount equal to the minimum mandatory insurance amounts specified in the statutes.
Wisconsin Legal Action has brought this provision to the Department's attention and asked the Department to re-examine the statutory provision and the manner in which DMV interprets and applies this law. DMV will re-examine the statute and its interpretation and application of that statute as part of this rule making.
2. Self-Insurance Requirements.
WisDOT's Risk Management Section recommends that the rules regarding self-insurance be amended to exclude intangible assets such as goodwill or a franchise from consideration when determining whether a self-insurance applicant has the financial capacity to pay losses due to accidents. It also recommends that WisDOT require that any self-insurer have an accounting system, that it track claims, that it encumber and reserve funds for claims, and that it be able to investigate accidents. WisDOT will consider amending the rules for self-insurers consistent with these recommendations.
Since the last changes to Ch.
Trans 100, WisDOT has encountered entities that technically have insurance but whose insurance policies have extremely high deductibles ($500,000, for example). WisDOT will consider whether a company with deductibles over a certain level should be required to file self-insurance documentation to establish their capacity to pay claims up to the level of their deductibles.
Because self-insurance applications require so much additional review effort by the Department, WisDOT will consider whether to establish an application fee for self-insurers that will cover the costs to the agency of accepting and reviewing self-insurance applications.
Review the provisions of s.
Trans 100.09, proof of operating without permission, to improve the readability of the section and maintain consistency with the Court of Appeals decision in
Plevin v. DOT,
2003 WI App 211.
B. Matters included in this published Scope Statement
Additional policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The Department will define by rule the forms of proof of insurance or other proofs of financial responsibility described in s.
344.63, Stats., that must be carried in any vehicle upon a Wisconsin highway.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Insurance companies and insured persons.
Estimate of Time Needed to Develop the Rule
250 hours.
University of Wisconsin System —
Board of Regents
Subject
Revises Chapter
UWS 19, relating to sick leave benefits for faculty, academic staff, and limited appointees of the University of Wisconsin System.
Objective of the Rule
The objective of the proposed rule is to amend Ch.
UWS 19, Wis. Adm. Code, to change the sick leave reinstatement period for employees who leave and then return to employment in the UWS from three to five years to be consistent with the policy for classified staff. The proposed rule also would make a non-substantive correction to the definition of “sick leave" to conform to the federal Family and Medical Leave Act which has changed since Ch.
UWS 19 was promulgated.
Policy Analysis
Ch.
UWS 19, Wis. Adm. Code, governs accrual of sick leave by faculty, academic staff, and limited appointees of the UWS. The current three-year sick leave reinstatement period for unclassified employees is inconsistent with the policy for classified staff whose sick leave is reinstated if they return to the UWS within five years of terminating employment. Changing the reinstatement period from three to five years will correct this inequity, and will remove a potential barrier to unclassified staff members seeking to engage in entrepreneurial activities such as forming companies.
Statutory Authority
Comparison with Federal Regulations
Not applicable.
Entities Affected by the Rule
This rule will affect faculty, academic staff, and limited appointees of the University of Wisconsin System.
Estimate of Time Needed to Develop the Rule
The Board estimates that it will take approximately 10 hours of staff time to develop the proposed rule, and 5 hours to finalize the rule following public hearing.
