Scope Statements
Corrections
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Repealing and recreating chapter DOC 302, relating to assessment and evaluation, security classification, and sentence computation.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to achieve all of the following:
•
Eliminate outdated provisions.
• Clarify language.
• Update citations to statutes for accuracy.
• Amend the rule to reflect changes in the statutes, including
2011 WI Act 38 and bifurcated sentencing guidelines, and case law addressing sentence computation; and changes in the operations and practices of assessing, evaluating and classifying inmates.
• Renumber and reorganize the rule chapter.
Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The current rule chapter provides in detail the procedures for initial classification and reclassification of inmates. This process identifies facility security classification, inmate custody level, program or treatment assignments, and institution placement. The chapter also sets forth the procedures followed in computing sentencing information which is used in determining eligibility for parole and release dates. The chapter was revised in 2010 in response to the passage of
2009 WI Act 28. However, the chapter has not been revised in response to the passage of
2011 WI Act 38 which repealed most of the sentence modification provisions of Act 28.
There is no alternative means to address the need for revisions as discussed above.
Statutory Authority
Section
227.11 (2) (a) to
(c): Rule–making authority is expressly conferred as follows:
(a) Each 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, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
301.02: The department shall maintain and govern the state correctional institutions.
Section
301.03 (2): Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s.
303.01.
Estimate of the Amount of Time State Employees Will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 250 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
This rule will affect all inmates, department staff and the public.
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 specific federal regulations which address the assessment and evaluation, security classification, custody level determination, or sentence computation of persons sentenced to Wisconsin prisons for violations of Wisconsin criminal statutes. However, federal standards addressing the federal Prison Rape Elimination Act (PREA) of 2003 (
42 U.S.C. chapter 147 (ss. 15601-09) (2004)) include provisions which address the supervision of inmates who may be vulnerable to sexual abuse or sexual harassment or inmates who may engage in those behaviors. (For example, see 28 CRF s.
115.14, youthful inmates, s.
115.41, Stats., screening for risk of victimization and abusiveness, and s.
115.43, protective custody.) Chapter
DOC 302 must be reviewed and amended in order for the department to come into compliance with the federal standards. In addition, under 4 USCA section 112, Congress has authorized the Interstate Corrections Compact (ICC) which Wisconsin adopted and is found in s.
302.25, Stats. The ICC permits participating states to cooperate among themselves in the supervision of inmates and offenders.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
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.
Corrections
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Repealing and recreating chapter DOC 373, relating to youth conduct in Type 1 secured correctional facilities.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to achieve all of the following:
• Eliminate outdated provisions.
• Clarify language.
• Update citations to statutes for accuracy.
• Amend the rule to reflect changes in the law and correctional practices and operations, relating to conduct requirements and discipline of youth in secured correctional facilities.
• Amend the rule for consistency, where appropriate, with chapter DOC 303 – Discipline, which closely parallels this chapter and is in the process of being revised.
• Renumber and reorganize the rule chapter.
Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The department is responsible for the care and custody of youth adjudicated delinquent and committed to a secure juvenile correctional facility. As part of that responsibility, the department enforces conduct requirements for youth and disciplinary processes when conduct rules are violated. Conduct rules relate to bodily security, institutional security, order, property, contraband, movement, safety and health, and other miscellaneous. Disciplinary processes include conduct reports, hearings, recordkeeping, and discipline.
The last significant rule amendment was in 2000. Since that time, there have been changes to the law and correctional practice which need to be addressed. There are distinctions between juvenile and adult operations, the two chapters of code should remain consistent except where there is a specific rationale for the differences.
There is no alternative means to address the need for revisions as discussed above.
Statutory Authority
Section
227.11 (2) (a) to
(c): Rule–making authority is expressly conferred as follows:
(a) Each 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, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or non-statutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
301.02: The department shall maintain and govern the state correctional institutions.
Section
301.025: The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the serious juvenile offender program under s.
938.538, and youth aids.
Section
301.03 (2): Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s.
303.01.
Estimate of the Amount of Time State Employees Will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 400 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
This rule will affect youth adjudicated delinquent and committed to a secure juvenile correctional institution and department 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 issues or activities covered by the proposed rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have A Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
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.
Corrections
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Repealing and recreating chapter DOC 379, relating to living conditions for youth in Type 1 secured correctional facilities.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Description of the Objective of the Rule
The objective of the rule is to achieve all of the following:
• Eliminate outdated provisions.
• Clarify language.
• Update citations to statutes for accuracy.
• Amend the rule to reflect changes in the law and correctional practices and operations, relating to conditions of confinement for youth in secured correctional facilities.
• Amend the rule for consistency, where appropriate, with chapter DOC 309 – Resources for Inmates, which closely parallels this chapter and is in the process of being revised.
• Renumber and reorganize the rule chapter.
Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The department is responsible for the care and custody of youth adjudicated delinquent and committed to a secure juvenile correctional facility. As part of that responsibility, the department provides youth with access to a number of resources related to conditions of confinement.
The last significant rule amendment was in 2000. Since that time, there have been changes to the law and correctional practice which need to be addressed. There are distinctions between juvenile and adult operations, the two chapters of code should remain consistent except where there is a specific rationale for the differences.
There is no alternative means to address the need for revisions as discussed above.
STATUTORY AUTHORITY
Section
227.11 (2) (a) to
(c): Rule–making authority is expressly conferred as follows:
(a) Each 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, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or non-statutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
301.02: The department shall maintain and govern the state correctional institutions.
Section
301.025: The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the serious juvenile offender program under s.
938.538, and youth aids.
Section
301.03 (2): Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries under s.
303.01.
Estimate of the Amount of Time State Employees Will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 400 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
This rule will affect youth adjudicated delinquent and housed in a juvenile correctional facility, families of youth, visitors, attorneys who represent youth, volunteers, publishers of periodicals, representatives of the media, victims, department staff, and the public.
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 issues or activities covered by the proposed rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
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.
Corrections — Parole Commission
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Parole procedure.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to amend the rule chapter to bring it into compliance with
2011 Wisconsin Act 38.
Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The parole commission substantially revised chapter PAC 1 in 2010 because the rule chapter had not been reviewed for many years and the legislature enacted
2009 Wisconsin Act 28 which addressed sentence modification. The legislature subsequently repealed most of the provisions of Act 28 by enacting
2011 Wisconsin Act 38. This rule modification is necessary to bring the rule chapter into compliance with Act 38.
Statutory Authority
Section
227.11 (2) (a) to
(c): Rule–making authority is expressly conferred as follows:
(a) Each 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, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or non-statutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
304.06 (1) (e): The parole commission shall permit any office or person under par. (c) 1. to 3. To provide written statements. The parole commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole commission to consider other statements or information that it receives in a timely fashion.
Section
304.06 (1) (em): The parole commission shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s.
940.01,
940.03,
940.05,
940.225 (1),
(2), or
(3),
948.02 (1) or
(2),
948.025,
948.06, or
948.07 to have direct input in the decision-making process for parole.
Estimate of The Amount of Time State Employees Will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 200 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
This rule will affect inmates, victims, courts, attorneys, the public and department 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 parole grants for Wisconsin inmates.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
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.
Natural Resources
Environmental Protection—General, Chs.
100—
Environmental Protection—Wis. Pollutant Discharge Elimination System, Chs.
200—
Environmental Protection—Water Regulation,
Chs.
300—
Environmental Protection—Air Pollution
Control, Chs.
400—
Environmental Protection—Solid Waste
Management, Chs.
500—
Environmental Protection—Hazardous Waste Management, Chs.
600—
Environmental Protection—Water Supply, Chs.
800—
(DNR # WA-14-13)
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Chapters
NR 130 to
132,
182,
500 to
555, and
660 to
679, and other chapters that may require amendment: chapters NR 103, 123, 135, 140, 150, 213, 214, 216, 350, 406, 812, and 815.
Relating to
Rule Amendments to chs.
NR 130 to
132,
182,
500 to
555, and
660 to
679, as required by Section
103 of
2013 Wisconsin Act 1, and to other chapters that contain exemptions for nonferrous mining and that may require amendment, chs.
NR 103,
123,
135,
140,
150,
213,
214,
216,
350,
406,
812, and
815, Wis. Admin. Code, as required by Section
103 of
2013 Wisconsin Act 1.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
This is not an emergency rule.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rules is to implement the rule making requirements contained in
2013 Wisconsin Act 1. This act generally sets forth the regulatory requirements that apply to ferrous mining. Section 103 of the act requires the department to revise the following rules:
(a)
Chapters
NR 130,
131,
132, and
182, Wis. Admin. Code, and other rules promulgated under section
293.13 (1) (a) of the statutes to clarify these chapters do not apply to ferrous metallic mining,
(b)
Chapters
NR 500 to
555 and
660 to
679, Wis. Admin. Code, and any other rules promulgated under sections
289.05 and
289.06 (1) of the statutes so these rules are consistent with subchapter III of chapter 295 of the statutes, and
(c) Any other rules that provide exemptions for nonferrous mining or associated activities to provide the same exemptions for ferrous mining and associated activities. We have already identified several of the chapters which may require revision. These are listed under item 4 below.
In addition, other changes to rule chapters that are not specifically identified may be made if necessary to fulfill the Department's obligations under Section
103 of
2013 Wisconsin Act 1.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These rule revisions are to align the existing rules with the new ferrous mining statutes to provide clarity and consistency on the application of these rules to ferrous mining activities.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The legal authority for these rule revisions is Section
103 of
2013 Wisconsin Act 1. The purpose of these rule revisions is to clarify the applicability of metallic mining laws to ferrous mining activities. Section 103 is a non-statutory provision requiring the department to revise certain rules and to clarify the rules' applicability with the new ferrous mining law. The statutory authorities for the existing rules and the rules in the program are identified in the table.
Department staff will identify rules that may be subject to amendment under section
103 (1) (c) of
2013 Wisconsin Act 1. Section 103 (1) (c) requires the department promulgate rules revising any rules that provide exemptions for nonferrous mining and associated activities to provide the same exemption for ferrous mining activities. The rules that contain exemptions for nonferrous mining activities that may require revision pursuant section 103 (1) (c) include:
(1) NR 103 — WATER QUALITY STANDARDS FOR WETLANDS
(2) NR 123 — WELL COMPENSATION PROGRAM
(3)NR 135 — NONMETALLIC MINING RECLAMATION
(4) NR 140 — GROUNDWATER QUALITY
(5) NR 150 — ENVIRONMENTAL ANALYSIS AND REVIEW PROCEDURES FOR DEPARTMENT ACTIONS
(6) NR 213 — LINING OF INDUSTRIAL LAGOONS AND DESIGN OF STORAGE STRUCTURES
(7) NR 214 — LAND TREATMENT OF INDUSTRIAL LIQUID WASTES, BY-PRODUCT SOLIDS AND SLUDGES
(8)NR 216 — STORM WATER DISCHARGE PERMITS
(9)NR 350 — WETLAND COMPENSATORY MITIGATION
(10) NR 406 — CONSTRUCTION PERMITS
(11) NR 812 — WELL CONSTRUCTION AND PUMP INSTALLATION
(12) NR 815 — INJECTION WELLS
In addition, there may be other rules subject to amendment to meet the requirements of section 103.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
We expect the revision to the rules can be conducted in 1000 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
We expect those entities that will be affected by these changes will primarily be those parties engaged in the exploration, bulk sampling and mining of iron ore deposits in Wisconsin.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to Be Regulated by the Proposed Rule
These rule revisions are to align the existing rules with the new statutes to provide clarity and consistency on the application of these rules to ferrous mining activities and will result in reduced administrative rule requirements applying to ferrous mining activities. Proposed ferrous mining activities will now be covered by the statutory requirements of chapter 295, subchapter III, Ferrous Mining (ch. 295.40 through 295.79) as established by
2013 Wisconsin Act 1. These rule revisions are not being pursued or adopted to be as stringent as any applicable federal laws as there is no analogous federal ferrous mining law.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have an Economic Impact on Small Businesses)
This rule drafting effort will follow the direction set forth in section
103 of
2013 Wisconsin Act 1 to clarify the applicability of metallic mining laws to ferrous mining activities and therefore is likely to have no impact in and of itself as the procedures for mining a ferrous mineral deposit as these are set forth in
2013 Wisconsin Act 1. The department does not believe this will have an economic impact on small businesses.
Contact Person
Ann Coakley, 608/516-2492 or 608/261-8449.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-16-13(E))
This statement of scope was approved by the governor on March 29, 2013.
Rule No.
Relating to
Fishing regulations in the Ceded Territory.
Rule Type
Emergency.
Finding/Nature of Emergency (Emergency Rule Only)
The Department of Natural Resources (Department) finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters. Pursuant to litigation arising from Lac Courte Oreilles v Voigt,
700 F. 2d 341 (7th Cir. 1983), the six Wisconsin bands of Lake Superior Ojibwe (Chippewa Bands) have the right to take walleye from off-reservation waters using efficient methods such as spearing and netting. The Chippewa Bands have made initial 2013 harvest declarations for off-reservation lakes that are sufficiently high to require the department to reduce the daily bag limit to 1 on 197 lakes, consistent with the formula of s.
NR 20.36, Wis. Adm. Code. Authority to promulgate emergency rules pursuant to the authority granted by this scope statement will provide the Department with the flexibility necessary to adjust angler regulations to potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
Detailed Description of the Objective of the Proposed Rule
The proposed rule would allow emergency rule changes for making adjustments to fishing regulations in the Ceded Territory to allow more flexibility in responding to tribal declarations and harvest levels for the 2013-14 fishing season. Currently these regulations are prescribed in ss.
NR 20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code. In particular, the Department would like the authority to readjust bag limits at an earlier date than what is prescribed in s.
NR 20.36 (3), though other provisions prescribed in ss.
20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code, may be considered depending on final declared, expected or realized tribal harvest levels.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed rule would make modifications to portions of ch.
NR 20, Wis. Adm. Code, pertaining to sport fishing regulations on inland waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
Current Administrative Code requires the department to make changes to angler bag limits for walleye in lakes named for harvest by any of the Chippewa Bands. These bag limit adjustments are designed to prevent exceeding 35% exploitation of individual walleye fisheries by joint tribal and angler harvest. Angler bag limit reductions are designed to accommodate the intended amount of tribal harvest. Section
NR 20.36 (3), Wis. Adm. Code, contains specific provisions that allow the bag limits to be adjusted in response to changes in expected tribal harvest however adjustments are not allowed until the third Monday in May. Trends in recent years show that tribal harvest is often completed well before that date and that bag limit adjustments could occur at an earlier date. Hearings have been authorized on a permanent rule to remove the date restriction, but an emergency rule would be needed to make these changes earlier in 2013.
Other factors affecting expected tribal harvest in 2013 are currently uncertain and the Department also requests approval to consider emergency rule alternatives to angling regulations prescribed in ss.
NR 20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code, relating to tribal harvest which could better accommodate final declared, expected, or realized tribal harvest levels as they become known for the 2013 season.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the Department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule And of Other Resources Necessary to Develop the Rule
Approximately 120 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Licensed sport anglers.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
The Department is not aware of any existing or proposed federal regulation that would govern sport fishing in Wisconsin's waters.
Anticipated Economic Impact of Implementing the Rule
Historically, the Chippewa Bands have never harvested all declared lakes, ultimately allowing downward adjustments after the third Monday of May, resulting in restrictive limits only applying to a much smaller number of lakes. The authority granted by this scope statement will provide the Department with the flexibility necessary to adjust angler regulations earlier along with other provisions prescribed in ss.
NR 20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code, to potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
Contact Person
Michael Staggs
Department of Natural Resources
101 S. Webster St., PO Box 7921
Madison, WI 53707
Telephone: 608-267-9427
Safety and Professional Services —
Marriage & Family Therapy, Professional Counselors, Social Work Examining Board
This statement of scope was approved by the governor on March 26, 2013.
Rule No.
Relating to
Continuing education.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The proposed rule will update the continuing education required to reflect current continuing education programs, including technological methods of delivery. It will also remove obsolete provisions and provide clarification of the required continuing education. In addition, many licensees of this board hold multiple credentials regulated by the board and the objective is to minimize confusion and streamline the continuing education process.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Updating the continuing education requirements will create clarity and utilize current technological methods of delivery of the continuing education. In addition, a recent audit of continuing education revealed that there is confusion among those licensees who hold multiple credentials with this board as it relates to continuing education requirements.
The alternative is to not promulgate the rule which would continue the confusion and not allow current technological methods of delivery.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each 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.
Section
457.22 (1) The examining board may do any of the following:
(a) Upon the advice of the social worker section, promulgate rules establishing requirements and procedures for social workers,advanced practice social workers, independent social workers, and clinical social workers to complete continuing education programs or courses of study in order to qualify for renewal.
(b) Upon the advice of the marriage and family therapist section, promulgate rules establishing requirements and procedures for marriage and family therapists to complete continuing education programs or courses of study in order to qualify for renewal.
(c) Upon the advice of the professional counselor section, promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
150 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Marriage and family therapists, professional counselors, and social workers.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Sharon Henes (608) 261-2377.
Safety and Professional Services —
Board of Nursing
This statement of scope was approved by the governor on March 26, 2013.
Rule No.
Relating to
Licensure.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to update the licensure process by both exam and endorsement. The majority of these two chapters were last updated in 1984.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing rules has references to a bureau which no longer exists within the Department of Safety and Professional Services; the role of the Examining Councils as outlined in chapter N 2 is obsolete due to modern test taking methodology and the exam currently being used; and the process in the current rule for approval of an application is not consistent with the modern practices and technologies.
The policy proposed would be to update the rule and create clarity regarding the process of obtaining licensure. The Board of Nursing will consider the National Council of State Board of Nursing's model rules and the licensing process used by our neighboring states.
The alternative to the policy is for the rule to remain outdated with inconsistencies. The rules should reflect clear and precise licensing rules rather than attempting to interpret the rules to fit situations which did not exist in 1984.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each 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.
Section
441.01 (3) The board may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
150 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Applicants.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Sharon Henes (608) 261-2377.
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
This statement of scope was approved by the governor on March 26, 2013.
Rule No.
Relating to
Wall bracing.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of the rulemaking project is to revise and simplify wall bracing provisions under the Uniform Dwelling Code, chapters SPS 320 to 325.
The objective of the rule is to have a clearly understood rule that enhances compliance with regard to design, construction and inspection.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapters
SPS 320 to
325, the Uniform Dwelling Code, establishes statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings. Under the construction standards of chapter SPS 321, dwellings are required to meet structural performance provisions to support the actual dead load, live loads and wind loads acting upon it. The minimum wind load is specified at 20 pounds per square foot acting over the surface area of the dwelling. Code provisions also include various prescriptive specifications and alternative provisions that are recognized to address the wind load requirements.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the Uniform Dwelling Code is under s.
101.63 (intro.) and
(1), Stats. Section
101.63, Stats., reads:
“The department shall:
(1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s.
254.61 (1), except that the rules apply to all of the following:"
In addition, under s.
101.63 (3), Stats., the department may:
“Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor certification council, as appropriate."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rule is expected to be about 200 hours. This time includes research, drafting rules, consulting and meeting with the UDC Code Council and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
List with Description of all Entities that may be Affected by the Proposed Rule
The rulemaking project will affect any entity that is involved in the construction, remodeling and inspection of one- and 2-family dwellings, including designers, contractors, and inspectors.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the activities to be regulated for one- and 2-family dwellings. However, CFR Title 24 – Housing and Urban Development, contains regulations in chapter XX relating to the construction and installation of manufactured homes.
Anticipated Economic Impact of Implementing the Rule
It is anticipated that the potential impact implementing these rules may reduce dwelling construction costs.
Contact Person
James Quast, Program Manager, jim.quast@ wisconsin.gov, (608) 266-9292.
Technical College System Board
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Facility development procedures.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The Wisconsin Technical College System (WTCS) recently reviewed the Facility Development Procedures contained in Chapter
TCS 5 of the Wis. Admin. Code to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. The proposed modifications to the code eliminates redundancy within the process, steps that are no longer required, information that is already available to the WTCS, and information that is not available at the time of facility approval. In addition, the definitions of both minor remodeling and minor rentals have not been updated since the 1980's and the proposed definitions take into account inflation, more closely aligns rentals to other procurement standards, and allows the WTCS to focus on larger more complicated projects.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
TCS 5 has been in existence in the 1970's and sets forth procedures for WTCS Board approval and technical college districts' requests for facility development projects, including land acquisition, additional or new facilities, rentals, and remodeling of existing facilities.
The proposed rule changes would delete or amend portions of the following rule sections:
Sections
TCS 5.04 (1) (b),
(1) (e) 2. and
4.,
(2) (b),
(2) (d) 3. and
5.,
(j),
(k),
(3) (b),
(d) 2. and
4.,
(4) (b),
(d) 2. and
4.,
(i), and
(j),
5.05 (3) and
5.06.
In addition, the definitions of minor remodeling and minor rentals found in s.
TCS 5.09 have not been adjusted since 1986. The proposed rule changes would update the limits to reflect inflationary changes and broaden the definitions to ensure efficient administration of both minor rentals and minor remodeling.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
38.04 (10) Wis. Stats. provides that the WTCS Board shall review and approve Technical College districts' facility development projects
38.04 Technical college system board; powers and duties.
(10) ADDITIONAL FACILITIES.
(a) Except as provided under par. (b), the board shall review and approve any proposals by district boards for land acquisition, additional or new facilities, rentals and remodeling of existing facilities, prior to the letting of contracts to construct, remodel, rent or incur debt for such facilities or acquisition of land. The board shall encourage district boards to finance capital building proposals with long-term benefits through bonding or promissory note obligations.
(b) Proposals by district boards for minor rentals and minor remodeling projects are exempt from board review and approval under par. (a). The board shall promulgate rules defining “minor rental" and “minor remodeling" and establishing criteria and procedures for exempting such proposals under this paragraph.
(c) The board shall review and approve, disapprove or modify any proposal by a district board to lease facilities or property to others under s.
38.14 (2) (d).
Estimate of Amount of Time that State Employees Will Spend Developing the Rule And of Other Resources Necessary to Develop the Rule
The amount of time will be minimal.
List with Description of all Entities that may be Affected by the Proposed Rule
The WTCS Board and the 16 technical college districts within the Wisconsin Technical College System.
Summary 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 rules regarding Technical College facility development procedures.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule will have minimal to no economic impact statewide and locally.
Contact Person
James Zylstra, (608) 266-1739.
