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Henslow's Sparrow (Ammodramus henslowii) - Since only the species is protected and not its habitat, impacts to birds can easily be avoided by scheduling activity outside of the breeding season. Henslow's sparrow does not often come into conflict with development projects because of the location and distribution of this species in the state. Little to no economic impact.
Ellipse mussel (Venustaconcha ellipsiformis) – Since mussels occupy the same site annually with little movement, relocations are often necessary for projects impacting the ellipse, such as bridge repairs or replacements, utility crossings, and other river alterations. Modest costs.
Updating the E/T list to focus conservation efforts and avoidance/minimization measures on WI's most at risk species will ultimately save money. All actions that the department conducts, funds or approves on public or private lands must be screened for potential impacts to rare species. Endangered Resources Screening relies on NHI data for records of rare species occurrences. The number of NHI records for species proposed for addition to the E/T list is far fewer than the number of records for species proposed for listing – eight species are proposed for listing (with a total of 195 NHI occurrences) versus 16 species proposed for delisting (with a total of 1071 NHI occurrences). Reducing the number of E/T species records will lessen regulatory impacts to businesses and individuals.
Contact Person
Laurie Osterndorf
Bureau Director, Endangered Resources
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 267-7552
Revenue
This scope statement was approved by the governor on November 14, 2011
Rule No.
Creates section Tax 11.07.
Relating to
Sales and use tax exemptions for biotechnology.
Description of the Objective of the Rule
The objective of the proposed rule is to create Section Tax 11.07, relating to sales and use tax exemptions for biotechnology under s. 77.54 (57), Stats. The proposed rule will prescribe the manner in which a biotechnology business will be certified. It will also prescribe the manner of determining the percent needed to establish if the definition of "primarily," which is defined as "more than 50%" under s. 77.54 (57) (a) 4., Stats., is met.
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
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes.
Statutory Authority
Section 227.11 (2) (a), Stats., provides "[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
Section 77.54 (57) (a) 1m., Stats., provides: "`Biotechnology business' means a business, as certified by the department in the manner prescribed by the department, that is primarily engaged in the application of biotechnologies that use a living organism or parts of an organism to produce or modify products to improve plants or animals, develop microorganisms for specific uses, identify targets for small molecule pharmaceutical development, or transform biological systems into useful processes and products."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the proposed rule order.
Description of all of the Entities that will be Affected by the Rule
Biotechnology businesses seeking certification for purposes of the exemptions under s. 77.54 (57), Stats. Tax practitioners and others who rely on up-to-date and accurate administrative rules.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Contact Person
Dale Kleven (608) 266-8253.
Safety and Professional Services
(formerly Commerce)
Fire Prevention, Ch. Comm 14
Date of governor's approval: November 8, 2011.
Rule No.
Revises Chapter Comm 14.
Relating to
Fire prevention.
Description of the Objective of the Rule
The primary objective of this rulemaking project is to evaluate and update provisions of Wisconsin's Fire Prevention Code, Chapter Comm 14. This rulemaking update is intended to keep this Code consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards.
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
Wisconsin's Fire Prevention Code primarily contains standards for the use, operation and maintenance of public buildings and places of employment. The current rules adopt and reference the 2009 edition of the National Fire Protection Association's NFPA® 1, Fire Code. The Fire Prevention Code also establishes duties and requirements for fire departments and municipalities that receive fire dues payments through the department.
The primary purpose of the rules under consideration is to protect public health, safety, and welfare. Periodic review and update of the rules is necessary to ensure that the rules still achieve that purpose. In addition, the review and update allows the opportunity to recognize and stay current with new construction and new fire prevention products and practices. The review and update process will include evaluation of the 2012 edition of NFPA 1.
The primary alternative would be to delay the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now.
Statutory Authority
Sections 101.02 (1) and (15) and 101.14.
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates approximately 500 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the department's Comm 14 advisory council – and processing the changes through public hearings, legislative review, and adoption. The department plans to assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Description of all of the Entities that will be Affected by the Rule
This update of the Fire Prevention Code may impact any entity, regardless of size, that owns or utilizes a public building or place of employment in Wisconsin, and may impact any fire department or municipality that participates in the fire dues distribution under sections 101.573 and 101.575 of the Statutes.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
An Internet-based search for "fire prevention" in the Code of Federal Regulations identified the following existing federal regulations that potentially address fire prevention at places of employment in Wisconsin: 29 CFR 1910–Occupational Safety and Health Standards, 29 CFR 1926–Safety and Health Regulations for Construction, 30 CFR 56–Safety and Health Standards–Surface Metal and Nonmetal Mines, 30 CFR 57–Safety and Health Standards–Underground Metal and Nonmetal Mines, 33 CFR 127–Waterfront Facilities Handling Liquefied Natural Gas and Liquefied Hazardous Gas, and 41 CFR 102–Federal Management Regulation (for federally owned and leased buildings). Federal regulations addressing fire prevention for vehicles on public thoroughfares include 46 CFR 28–Requirements for Commercial Fishing Industry Vessels, 46 CFR 34–Firefighting Equipment (on tank vessels), and 46 CFR 76–Fire Protection Equipment (on passenger vessels).
An Internet-based search for "fire prevention" in the January 3 to September 7, 2011, issues of the Federal Register did not identify any proposed federal regulations that address fire prevention at public buildings or places of employment in Wisconsin. Proposed federal regulations addressing fire prevention for vehicles on public thoroughfares include 46 CFR 142 and 143 (for inspection of towing vessels).
No changes to Comm 14 are expected to supersede the above federal requirements, so no comparison is made here to those requirements.
Safety and Professional Services — Physical Therapists Affiliated Credentialing Board
This scope statement was approved by the Physical Therapy Examining Board for publication on September 29, 2011 and by Governor Walker on November 8, 2011.
Rule No.
SPS # 165 – Revises Chapter PT 7 — Unprofessional Conduct and Chapter PT 8 — Biennial License Renewal.
Relating to
Standards of professional conduct by physical therapists and physical therapist assistants.
Description of the Objective of the Rule
Modernize the rules governing the standard of conduct for licensed physical therapists and physical therapy assistants and licensure renewal to reflect current trends in the profession and the passage of recent legislation.
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
Wis. Admin Code Chapter PT 7, Unprofessional Conduct sets forth grounds for disciplinary actions against physical therapists and physical therapy assistants. The current rules became effective on May 4, 2004. The Physical Therapy Examining Board has undertaken a review of the current rules as a response to changes within the profession. One recent change was becoming an examining board, pursuant to 2009 Wisconsin Act 149. Another change was the American Physical Therapy Association's (APTA) revision of the Code of Ethics for Physical Therapist and Standards of Ethical Conduct for Physical Therapist Assistants which became effective in July of 2010.
The legislature fully purposed delegating rule making authority to the Physical Therapy Examining Board to establish ethical standards of conduct for physical therapists and physical therapist assistants in Wisconsin as seen by the passage of 2001 Wisconsin Act 70. 2001 Wisconsin Act 70, created Wis. Stat. § 448.527, which requires the Board to "promulgate rules establishing a code of ethics. . ." The Physical Therapy Examining Board's review of the current unprofessional conduct rules will not result in a significant policy change but rather a further clarification of the ethical goals the profession seeks to attain.
The Physical Therapy Examining Board also seeks to update the credential renewal date pursuant to 2009 Wisconsin Act 28. Wis. Admin Code § PT 8.02 currently reflects a November 1st credential renewal date. The proposed rule would amend the credential renewal date from November 1st to March 1st and all other references to the credential renewal date within the rules. This proposed rule as required by the 2009 legislation will not result in a change in policy.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. § 15.08 (5) (b) states the parameters of the general powers of examining boards and councils. Specifically, the statute provides that an examining board "shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession." The proposed rules will provide guidance related to professional standards of conduct and ethical practice within the physical therapy profession.
Wis. Stat. § 227.11 (2) (a) discusses the parameters of an agency's rule-making authority stating, an agency "may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Wis. Stat. §227.01(1) defines agency as a board. The Physical Therapy Examining Board falls within this definition. Therefore, it may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rules do not exceed proper interpretation of the statute.
Wis. Stat. § 440.035(1) grants to each examining board attached to the department of Safety and Professional Services the independent exercise of its rule-making authority. The section states, "each examining board or affiliated credentialing board attached to the department or an examining board shall: (1) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation." The proposed rule is an independent use of the Board's rule-making authority as well as pursuant to a 2009 legislative act. In both instances, the Board is seeking to regulate the behavior of licensees within the profession by setting forth standards of unprofessional conduct and renewal requirements.
Wis. Stat. § 448.527 is an express grant of authority by the legislature to the Physical Therapy Examining Board to ". . . promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants." The legislative intent is clearly stated and further evidenced by Wis. Stat. § 448.57(2) (f), which requires the Physical Therapy Examining Board to discipline a licensee when a licensee has, "engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.527."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated state employees may spend up to 150 hours in developing the proposed rules.
Description of all Entities that may be Impacted by the Rule
Entities that may be impacted by the rule include all currently licensed physical therapists and physical therapist assistants as well as applicants for licensure.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There are no comparable federal regulations directly related to the proposed rules.
Contact Person
Shancethea (Shawn) Leatherwood 608-261-4438.
Technical College System
This Statement of Scope was approved by the governor on November 7, 2011.
Rule No.
Revises Chapter TCS 6.
Relating to
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