The proposed rules governing procedures and standards for the issuance and administration of certification cards under s.
175.49 (3), Stats., will directly affect the interests of all former federal law enforcement officers residing in Wisconsin who wish to apply for such certification. In addition, the proposed rules will also indirectly affect the interest of the general public to the extent that the proper firearm certification of former law enforcement officers generally affects public safety.
The proposed rules governing the procedures and standards for the qualification and certification of firearms instructors by DOJ under s.
175.60 (4) (b), Stats., will directly affect the interests of all eligible persons who wish to apply for such certification. The proposed rules identifying those firearm instructors who are certified by a national or state organization, as provided in s.
175.60 (4) (a), Stats., will directly affect the interests of all persons who wish to claim such certification as a basis for providing training in firearms and firearm safety under that statute. In addition, the proposed rules will also indirectly affect the interest of the general public to the extent that the proper certification of firearms instructors generally affects public safety.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
For persons other than current and former law enforcement officers, the regulation of the carrying of concealed weapons is primarily governed at the state level. Numerous federal statutes and regulations restrict the possession of weapons that have been shipped in interstate commerce, but there are no federal regulations that relate to the licensing of concealed carry by such persons, nor are there federal regulations governing the certification of firearms instructors for concealed carry purposes.
For qualified current and former law enforcement officers, state and local laws restricting the carrying of concealed firearms are federally preempted by 18 U.S.C. §§ 926B-926C (commonly referred to as “H.R. 218"). The provisions in
2011 Wis. Act 35 related to qualified current and former law enforcement officers are state-law codifications of the corresponding provisions in H.R. 218. Similarly, the rules proposed here governing procedures and standards for the issuance and administration of concealed carry certification cards for qualified former federal law enforcement officers also codify corresponding provisions in the federal law.
Contact Person
Assistant Attorney General Clayton P. Kawski, (608) 266-7477.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on August 24, 2011.
Subject
Revises Chapter
NR 47, relating to the proposed establishment of rules for the WFLGP for Weed Management Areas.
Objective of the Proposed Rule
The objective of this proposed rule change is to create Chapter
NR 47 Subchapter
XIII which establishes the rules for the Wisconsin Forest Landowner Grant Program WFLGP for groups interested in controlling invasive plants in weed management areas authorized in 2007-09 Biennial Budget
(2007 Wis. Act 20).
Description of Policy Issues/Analysis of Policy Alternatives
The creation of Chapter
NR 47 Subchapter
XIII - The Private Forest Landowner Grant Program for Weed Management Areas (WMA) will provide for the implementation and administration of the WFLGP for groups in WMAs authorized in
2007 Wis. Act 20. Rules development will include a system to implement and administer the program; eligible practices; criteria for determining the amount of a matching grant; eligibility requirements for groups receiving grants; requirements for grants; and requirements for establishing weed management areas.
Economic Impact
Level 3 – Little to no economic impact expected. There would be no implementation costs for the Department.
Statutory Authority
Statutory authority for creation of this rule can be found in s.
26.38, Wis. Stats.
Estimate of Time Needed to Develop the Rule
The Department estimates that approximately 155 hours of existing staff time will be needed to develop this rule. This time includes collecting public input at listening sessions, drafting the rule, taking the rule to public hearings, presentations to the Natural Resource Board, legislative review, and rule adoption.
Summary and Comparison of Applicable Federal Regulations
There are no known federal rules which apply to the creation of WFLGP for groups in WMA.
Entities Affected by the Rule
□ Non-industrial private forestland owners wishing to apply for grants to create a forest stewardship plan or implement a forestry practice on their land.
□ Any party, organized landowner group, or organization wishing to apply for a grant for the control of invasive plants.
□ Division of forestry staff involved in the administration of the grant programs.
□ Federal, state and local agencies interested in the control of invasive plants or the implementation of forestry practices on non-industrial private forestland.
□ Any cooperating forester, restoration/landscape consultant, farm coops or other private businesses that may be hired to implement a practice under either grant program.
Agency Contact Person
WFLGP for WMA
Thomas Boos II
Wisconsin Department of Natural Resources
101 South Webster Street
P.O. Box 7921
Madison WI 53707-7921
608-266-9276
Parole Commission
The statement of scope for this rule, SS 410-PAC 1-Sentence Modifications, was approved by the governor on August 4, 2011.
Subject
Revises Chapter
PAC 1, relating to the repeal under
2011 Wis. Act 38 of statutory provisions relating to modification of sentences under s.
973.01, Stats.
Description of the Objective of the Rule
The objective of the rule is to bring Chapter PAC 1 into compliance with
2011 Wis. Act 38. The legislature repealed the provisions of
2009 Wis. Act 28, relating to modification of bifurcated sentences under s.
973.01, Wis. Stats. The commission seeks to repeal and amend the provisions of Chapter
PAC 1 which were promulgated in response to
2009 Wis. Act 28.
Description of Existing Policies and New Policies Included in the Proposed Rule and An Analysis of Policy Alternatives
In response to
2009 Wis. Act 28, the commission promulgated rules to address mechanisms for modification of bifurcated sentences under s. 973.01, Stats. The legislature recently repealed the provisions of Act 28. (See
2011 Wis. Act 38.) The commission seeks to repeal and amend the provisions of Chapter
PAC 1, relating to modification of bifurcated sentences to come into compliance with
2011 Wis. Act 38.
Failure to engage in the rule making process will result in the commission's rules not being in compliance with
2011 Wis. Act 38.
Statutory Authority
Estimate of the Amount of Time State Employees will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The commission estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Description of All of the Entities that will be Affected by the Rule
The rule affects persons who are convicted of criminal offenses and receive a sentence under s.
973.01, Stats., Department of Corrections staff, and Parole Commission staff.
Summary of and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no federal regulations which address the issue of modification of sentences under s.
973.01, Wis. Stats.
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049,
kathryn.anderson@wisconsin.gov.
Public Defender Board
This statement of scope was approved by the governor on August 9, 2011.
Subject
Revises section
PD 3.03, relating to determination of financial eligibility.
Objective of the Rule
Proposed changes to section
PD 3.03 are made in response to the directives of
2011 Act 32.
Changes to Existing Law and Statutory Authority for changes
Wis. Stats. s.
977.02 authorizes the State Public Defender Board to promulgate rules regarding indigency and eligibility for legal services. In determining indigency, s.
977.02 (3) directs the State Public Defender to consider a person's available assets and income. Section
977.02 (3) (c) directs the SPD to consider as income only that income which exceeds the income limitations in s.
49.145 (3) (b). The executive budget act of the 2011 legislature, Act 32, sections 3559d and 3559h, made the following changes to the way by which the SPD considers the assets and income of persons applying for public defender representation.
Assets:
Prior legislation,
2009 Act 164, directed the State Public Defender, in determining whether someone was eligible for public defender representation, to consider assets in the manner described in s.
49.145 (3) (a) (Wisconsin Works).
2011 Act 32 changed these Act 164 provisions relating to W2, and directs the SPD to make the eligibility determination based on a combined equity value of available assets, without regard to asset valuation under Wis. Stats. s.
49.145 (3) (a).
Income:
Prior legislation,
2009 Act 164, tied eligibility to the federal poverty guidelines. Under prior legislation, eligibility for public defender representation would automatically change if the federal poverty guidelines were adjusted.
Pursuant to
2011 Act 32, eligibility will not automatically change when the federal poverty guideline is updated. Instead, income eligibility is frozen at 115% of the 2011 federal poverty guideline. Thus, in the event the federal poverty guideline changes, eligibility for state public defender representation will still be determined by the 2011 rate.
Time and Resources Necessary to Develop the Rule
Changes mandated by
2011 Act 32 are ministerial in nature and will not require extensive expenditures of time or resources.
Entities that May be Affected by the Rule
Over time, as the poverty line adjusts, counties will spend additional resources on persons who do not qualify for State public defender representation.
There are No Federal Regulations Governing this Area.
Public Defender Board
This statement of scope was approved by the governor on August 16, 2011.
Relating to
Payment of legal fees; ability to pay; indigency.
Description of the Objective of the Rule
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Wis. Stats. s.
977.02 authorizes the State Public Defender Board to promulgate rules regarding eligibility for legal services.
Prior legislation,
2009 Act 164, tied eligibility and ability to pay for SPD representation to the federal poverty guidelines. Pursuant to
2011 Act 32, sections
3559(d) and
3559(h) the guidelines used for determining whether someone is eligible for, and has ability to pay for, SPD representation will not automatically change when the federal poverty guideline is updated. Instead, the guidelines for income eligibility for representation and income available to repay the SPD for that representation, are frozen at 115% of the 2011 federal poverty guideline.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
