Scope Statements
Corrections
This statement of scope was approved by the Governor on July 19, 2013.
Rule No.
Relating to
Adult field supervision.
Rule Type
Permanent.
1. Description of the Objective of the Rule
The objective of the rule is to achieve all of the following:
• Review the current rule to bring it into compliance with the Federal standards addressing the federal Prison Rape Elimination Act (PREA) of 2003 (
42 U.S.C. chapter 147 (ss. 15601-09) (2004)).
• Review the current rule for changes to the procedure for supervision fee types, collection and processing.
2. Description of Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
The current rule chapter provides for the department's supervision of persons on probation, parole, and extended supervision. The department needs to review the current rule for changes necessitated by the repeal of the sentencing reforms under
2009 Wis. Act 28 by
2011 Wis. Act 38. The department has identified that at least s.
DOC 328.17 will need to be amended.
The current rule does not address the requirements imposed under the new federal standards implementing the Prison Rape Elimination Act (PREA) of 2003 (
42 U.S.C. chapter 147 (ss. 15601-09) (2004)). The new standards go into effect on August 20, 2013.
The department intends to change its policy and procedure in the processing and collection of supervision fees.
There is no alternative means to address the need for revisions as discussed above.
3. 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 301.03 (3): Administer parole, extended supervision, and probation matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation, extended supervision, or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s.
304.02. The department shall promulgate rules establishing a drug testing program for probationers, parolees and persons placed on extended supervision. The rules shall provide for assessment of fees upon probationers, parolees and person placed on extended supervision to partially offset the costs of the program.
Section 301.03 (3m): Monitor compliance with deferred prosecution agreements under s.
971.39.
Section 301.03 (7m): Supervise criminal defendants accepted into the custody of the department under s.
969.02 (3) (a) or
969.03 (1) (a). The department shall charge the county that is prosecuting the defendant a fee for providing this supervision. The department shall set the fee by rule.
Section 302.11 (8): The department may promulgate rules under ch.
227 establishing guidelines and criteria for the exercise of discretion under this section [mandatory release].
Section 302.113 (10): The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section [release to extended supervision for felony offenders not serving life sentences].
Section 302.114 (10): The department may promulgate rules establishing guidelines and criteria for the exercise of discretion under this section [petition for release and release to extended supervision for felony offenders serving life sentences].
Section 302.19, Temporary detention of inmates: The department may use any of its facilities for the temporary detention of persons in its custody.
Section 302.31 ((5) and (6): The county jail may be used for any of the following purposes:
….
(5) The detention of persons participating in the intensive sanctions program.
(6) The temporary detention of persons in the custody of the department.
….
Section 939.615 (5) (a): A person placed on lifetime supervision under this section [lifetime supervision of serious sex offenders] is subject to the control of the department under conditions set by the court and regulations established by the department that are necessary to protect the public and promote the rehabilitation of the person placed on lifetime supervision.
Section 961.47 (1): Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s.
961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s.
961.48. There may be only one discharge and dismissal under this section with respect to any person.
Section 973.01 (2) (intro): Structure of bifurcated sentences. A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s.
302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. A order imposing a bifurcated sentence under this section shall comply with all of the following:
Section 973.10, Control and supervision of probationers: (1) Imposition of probation shall have the effect of placing the defendant in the custody of the department and shall subject the defendant to the control of the department under conditions set by the court and rules and regulations established by the department for the supervision of probationers, parolees and persons on extended supervision.
(1m) (a) The department may order that a probationer perform community service work for a public agency or a nonprofit charitable organization. An order may apply only if agreed to by the probationer and the organization or agency. The department shall ensure that the probationer is provided a written statement of the terms of the community service order and shall monitor the probationer's compliance with the community service order. Compliance with this subsection does not entitle a probationer to credit under s.
973.155.
(b) Any organization or agency acting in good faith to which a probationer is assigned under an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the probationer. The department has immunity from any civil liability for acts or omissions by or impacting on the probationer regarding the assignment under this subsection.
(2) If a probationer violates the conditions of probation, the department of corrections may initiate a proceeding before the division of hearings and appeals in the department of administration. Unless waived by the probationer, a hearing examiner for the division shall conduct an administrative hearing and enter an order either revoking or not revoking probation. Upon request of either party, the administrator of the division shall review the order. If the probationer waives the final administrative hearing, the secretary of corrections shall enter an order either revoking or not revoking probation. If probation is revoked, the department shall:
(a) If the probationer has not already been sentenced, order the probationer brought before the court for sentence which shall then be imposed without further stay under s.
973.15; or
(b) If the probationer has already been sentenced, order the probationer to prison, and the term of the sentence shall begin on the date the probationer enters the prison.
(2g) Upon demand prior to a revocation hearing under sub. (2), the district attorney shall disclose to a defendant the existence of any audiovisual recording of an oral statement of a child under s.
908.08 which is within the possession, custody or control of the state and shall make reasonable arrangements for the defendant and defense counsel to view the statement. If, after compliance with this subsection, the state obtains possession, custody or control of such a statement, the district attorney shall promptly notify the defendant of that fact and make reasonable arrangements for the defendant and defense counsel to view the statement.
(2m) In any administrative hearing under sub. (2), the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s.
967.04 (7) to
(10).
(3) A copy of the order of the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a final administrative hearing is sufficient authority for the officer executing it to take the probationer to court or to prison. The officer shall execute the order as a warrant for arrest but any officer may, without order or warrant, take the probationer into custody whenever necessary in order to prevent escape or enforce discipline or for violation of probation.
(4) The division of hearings and appeals in the department of administration shall make either an electronic or stenographic record of all testimony at each probation revocation hearing. The division shall prepare a written transcript of the testimony only at the request of a judge who has granted a petition for judicial review of the revocation decision. Each hearing notice shall include notice of the provisions of this subsection and a statement that any person who wants a written transcript may record the hearing at his or her own expense.
4. 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.
5. Description of all of the Entities that will be Affected by the Rule
This rule will affect persons on probation, parole, or extended supervision and department staff.
6. 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 the supervision of persons on probation, parole or extended supervision in Wisconsin. However, federal standards addressing the Prison Rape Elimination Act (PREA) of 2003 (
42 U.S.C. chapter 147 (ss. 15601-09) (2004)) include provisions which may affect the supervision of persons on community supervision. For example, the new federal standards impose confidentiality requirements for reporting incidents of sexual abuse or sexual harassment which are not included in the current rule.
7. 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.
8. 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
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-24-13 (E))
This statement of scope was approved by the Governor on July 23, 2013.
Rule No.
Relating to
Deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee's Report.
Rule Type
These will be emergency rules.
1. Finding/nature of Emergency (Emergency Rule Only)
The department is directed by 2013 ACT 20 to develop emergency rules allowing final implementation of provisions from the White-tailed Deer Trustee's Report. The ACT has established that the department is not required to make a finding of emergency. These emergency rules can remain in place until permanent rules are implemented.
2. Detailed Description of the Objective of the Proposed Rule
There has been dissatisfaction with various issues related to white-tailed deer management and hunting in Wisconsin. Gubernatorial candidate Scott Walker made a promise to appoint a “Deer Trustee" to review programs. In October of 2011, Dr. James C. Kroll, officially known as Wisconsin's white-tailed deer trustee, entered into a contract with the State of Wisconsin to conduct an independent, objective and scientifically-based review of Wisconsin's deer management practices. The White-tailed Deer Trustee's report was released to the public in July 2012.
The objective of these proposed rules is to work with sportsmen and sportswomen and other stakeholders in order to implement ideas and solutions from the Deer Trustee's report to forge a new age for deer management.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Implementation of the Deer Trustee's report will result in establishing significant new policies for deer management and hunting management compared to current rules. The primary policy alternatives being analyzed and considered are ones recommended in the report. Throughout this rulemaking process, the department and its partners may evaluate other policy alternatives as they are identified.
Ch.
NR 1 related to Natural Resources Board Policies
Ch.
NR 1 establishes a general framework for the department's wildlife and forestry management activities. The department is reviewing the report with this framework in mind and will recommend modifications that are consistent with the report. These rules are likely to shift away from deer population goals expressed solely in specific numbers of animals toward more general population objectives. The basis for establishing deer population goals may also be modified by these rules. The department may revise what it considers to be tolerable levels of crop damage. The chapter currently addresses wildlife habitat management policy and those provisions may be strengthened or made more specific based on significant wildlife habitat related recommendations in the report. Development of a Young Forest Initiative Task Force may be addressed in this chapter as well as a Deer Management Assistance Program. Deer research priorities may also be a topic that is addressed in this policy-setting chapter. This chapter will be amended to maintain cross-reference citations with ch.
NR 10.
Ch.
NR 8 related to License and Permit Procedures
Ch.
NR 8 establishes standards and procedures for the automated license issuance system. These rules may recommend changes if they are necessary to improve efficiency or flexibility in the issuance of licenses, as needs arise during development of new automated licensing systems, and to maintain cross-reference citations.
Ch.
NR 10 related to Game and Hunting
This chapter establishes most of the deer population management policy and practices and hunting regulations that are in place today. Ch.
NR 10 establishes the Sex-Age-Kill model for estimating deer populations, deer population goals, and deer management units. These rules will replace the current deer management unit population goals with a simplified unit objective to, “increase, stabilize, or decrease population density." These rules may establish the timetable for review of deer management units and the process for modifying established objectives. These rules will establish a set of metrics to monitor progress towards the goal. These rules will reduce the number of deer management units and may combine farmland regions. The department will consider using county boundaries in place of the current unit boundaries.
These rules will simplify the regulatory process by setting antlerless harvest goals, regulations, and antlerless permit quotas on a three-to-five year cycle instead of annually under current rule. Historical demand for antlerless permits has not been a factor considered in quota setting in the past but would be a consideration under these rules. Through these rules, the department may eliminate free antlerless deer tags, currently referred to as herd control tags. These rules may establish a fee for antlerless tags which allow harvest of deer in its CWD management zones. Currently, some units have an unlimited number of antlerless deer permits available per hunter but, under this proposal, that may no longer be the case. Finally, these rules may establish antlerless deer permits and allow the establishment of quotas for public lands that are different from the permits and quotas that are established for privately owned lands in a management unit.
Simplifying the regulatory process and implementing a new population management goal system may require a variety of related hunting regulations changes. Changes may include the names for permits and the allowable use of various deer permits. Back tags worn by hunters, deer carcass tags, and tagging requirements may be modified or eliminated where possible in order to simplify regulations or as opportunities arise during development of new automated licensing systems. Deer registration and transportation requirements may be relaxed and, in their stead, more customer-friendly harvest reporting procedures established. Black bear are another species for which in-person registration of harvested animals is required. These rules may modify bear harvest recording requirements if that is practical because deer and bear registration occur at the same locations and through the same process under current rules.
The department may recommend deer hunting season date modifications as a result of this rulemaking. While the report generally recommends that, “keeping seasons and bag limits consistent for longer periods of time would allow better assessment of management progress," it is challenging to discuss management system changes of this scale without considering season dates. For instance, it may be possible to simplify hunting regulations by eliminating a one-day closure of the archery season on the day before the traditional nine-day firearm season opens. The timing of other seasons for youth, disabled hunters, or other special seasons may also be evaluated. A move to more “passive" management of CWD, as recommended in the report, may also involve changes to deer hunting season dates.
This rulemaking will establish a Deer Management Assistance Program (DMAP) that will allow landowners and hunters to work together with the department to manage deer on a site-specific basis. The program will actively involve members of the public in the collection, analysis, and reporting of deer harvest information and improve management of the deer herd. The department may establish enrollment fees for participation in the program and that money will be credited back to implementation. This is a central recommendation of the report and recommends that the department establish: a) applicability to private and public lands, b) initial areas eligible to participate, c) administration of DMAP, d) funding, e) personnel and training, f) minimum property size to participate, g) fees, h) participation requirements, i) data collection requirements, j) registration of deer harvested on DMAP properties, k) data analysis and reporting, and l) assessment of DMAP effectiveness.
The department does not intend to modify regulations on the method of deer harvest at this time. However, if an ACT of the legislature modifies a legal method of harvest while this rule package is being promulgated, and related rule changes are needed, this rule package would implement an ACT of the legislature. Notably, the department is aware that changes to the allowable uses of crossbows are being considered.
The trustee's report generally recommends a more passive approach than current department policy to the management of Chronic Wasting Disease (CWD). CWD-related rulemaking will be correspondingly limited in this proposal. However, regulation changes related to disease testing protocol, harvest permits and other hunting regulations may be identified and included if they are consistent with the report. The department establishes separate population goals for deer units that are in a CWD zone. Those goals and methods of population estimation will be modified or eliminated by these rules.
These rules may make other modifications to deer hunting regulations if they can be characterized as simplifications. These may include changes to the allowable hunting hours or allowable guns, ammunition, and other devices.
Chs.
NR 11 and
15 related to Closed Areas and Game Refuges
Modifications to chs.
NR 11 and
15 will likely be needed to update cross references with ch.
NR 10 which will be modified significantly. Although the report did not recommend changes to these chapters of administrative code, additional modifications to these chapters may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch.
NR 12 related to Wildlife Damage and Nuisance Control
Modifications to ch.
NR 12 will likely be needed to update cross references with ch.
NR 10 which will be modified significantly. Although the report did not recommend significant structural changes to the damage program, additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch.
NR 13 related to Chippewa Treaty Rights Participants
Chapter
NR 13 is intended to regulate off-reservation treaty rights of treaty rights participants recognized by
Lac Courte Oreilles Band v. Voigt,
700 F. 2d 341 (7th Cir. 1983). Modifications to ch.
NR 13 will likely be needed to update numerous cross references with ch.
NR 10, which will be modified significantly.
Ch.
NR 19 related to Miscellaneous Fur, Fish, Game and Outdoor Recreation
Modifications to ch.
NR 19 will likely be needed to update cross references with ch.
NR 10, which will be modified significantly. This section also contains regulations for feeding of wild animals and white-tailed deer related provisions which are not directly related to the report. Additional modifications to the chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch.
NR 45 related to the Use of Department Properties
Modifications to ch.
NR 45 will likely be needed to update cross references with ch.
NR 10, which will be modified significantly. The report did not recommend specific changes to this chapter of administrative code. However, many regulations in this chapter apply to deer hunters who are using department managed lands. Additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Department authority to conduct a variety of habitat and wildlife management activities is established in ss.
23.09 (2) (b),
(d), and
(h),
(k) and
(km), and
(p), Stats. These sections authorize rulemaking related to deer and deer habitat management and: plans and priorities for conservation, game refuges, cooperative forest protection, research, resources inventory, and disease control. These sections authorize many of the existing provisions of chs.
NR 1 (Natural Resources Board Policy), 11 (closed areas), 15 (game refuges), and 45 (use of department properties).
The department's ability to promulgate emergency rules to implement recommendations of the deer trustee report is established in non-statutory provisions of 2013 ACT 20. Specifically included in emergency rule authority is the ability to establish bonus antlerless deer permit fees and to establish a deer management assistance program. Additionally, the department is given authority to promulgate emergency rules that will implement recommendations of the assessment of this state's deer management plans and policies under s.
29.40 Stats. These emergency rules can remain in place until permanent rules are implemented. The department is not required to make a finding of emergency.
The primary authority to establish hunting regulations for deer and other species is established in s.
29.014, Stats. This section directs the department to establish and maintain open and closed seasons, bag limits, size limits, rest days, and other conditions for the taking of game that conserves the game supply and provides citizens with good hunting opportunities. This section authorizes many of the existing provisions of chs.
NR 8 (license and permit procedures), 10 (game and hunting), and 19
(Miscellaneous Fur, Fish, Game and Outdoor Recreation).
The wildlife damage and nuisance program and rulemaking authority are established in s.
29.889 (2) (b), Stats., which directs the department to establish rules for program eligibility and funding, methods of abating damage, forms and procedures, prorating claims, and record keeping, audits and inspections. This is the authorizing legislation for much of ch.
NR 12 related to wildlife damage.
The department's ability to establish fees for participation in the deer management assistance program is established in s.
29.020 (2), Stats.
Rules related to Chippewa treaty rights (ch.
NR 13) are promulgated under general authority to establish hunting regulations in s.
29.014, Stats., and these rules are the department's interpretation of how laws must be interpreted or limited in order to comply with the general limitations on state regulatory authority expressed in Lac Courte Oreilles v. State of Wisconsin,
668 F. Supp. 1233 (W.D. Wis. 1987) and the specific limitations expressed in the regulatory phase of the Voigt litigation. (See e.g., Lac Courte Oreilles v. State of Wisconsin,
707 F. Supp. 1034 (W.D. Wis. 1989)).
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that emergency and permanent rule and program development will require the equivalent of 5 full time staff people, or 10,400 hours. This estimate includes developing new deer management programs in addition to time spent specifically on rule promulgation.
6. List with Description of all Entities that may be Affected by the Proposed Rule
White-tailed deer affect nearly every Wisconsin resident in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. A wide variety of groups and individuals will be interested in this proposed rule. Some groups include: Wisconsin Conservation Congress, Great Lakes Indian Fish and Wildlife Commission, Wisconsin Farm Bureau Federation, Wisconsin Deer Hunters Assn., The Nature Conservancy, Whitetails Unlimited, Wisconsin Bowhunters Assn., Wisconsin County Forest Association, Wisconsin Woodland Owners Assn., Quality Deer Management Association, Rocky Mountain Elk Foundation, and the Sierra Club.
Groups registered to lobby the Wisconsin legislature within the last year, many registered specifically on these rules, include: Wisconsin Bear Hunter's Assoc., White-tails of Wisconsin, Safari Club International — Wisconsin Chapters, WI-Force, Wisconsin Wildlife Federation, National Rifle Assoc. of America, and the Assoc. of Wisconsin Snowmobile Clubs.
7. 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
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Agencies are exempted from the requirement to prepare an economic impact analysis for emergency rules under s.
227.137 (5), Stats.
For similar or potentially identical emergency rules which the department is also promulgating, the department estimates that the economic impact will be moderate. Pursuant to
2011 Executive Order 50, the department will facilitate a 30 day period for comment on a draft economic impact analysis. The comment period will be held in late summer, 2013.
Contact Person
Scott Loomans, (608) 267-2452.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
High School Equivalency Diplomas and Certificates of General Educational Development.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
Chapter
PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the General Educational Development (GED) Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014, when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This rule change is designed to align the rule with changes in the GED Test and with current statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.29 General powers. The state superintendent may:
(4) High school graduation equivalency. (a) Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.
5. 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 needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Testing and preparation sites authorized by the state superintendent to administer the GED Test may be affected by the proposed rule, including technical colleges, community based organizations, correctional institutions and high schools throughout Wisconsin.
7. 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
N/A
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Bureau for Policy and Budget
Attn: Katie Schumacher
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Children At Risk Plan and Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change will modify s.
PI 25.05 to align it with the statutory change made in
2011 Wisconsin Act 32, which removed the statutory limitation on the number of children at risk a school district may contract with private agencies to provide services for.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
118.153 Children at risk of not graduating from high school.
(7) The state superintendent shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.
5. 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 needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since this is only a technical change to align the rule with statutes.
7. 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
N/A
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Bureau for Policy and Budget
Attn: Katie Schumacher
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Grants for STEM Programs.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
This rule change will eliminate ch.
PI 31, the rule chapter for the Grants for Science, Technology, Engineering, and Mathematics Programs.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2011 Wisconsin Act 32 eliminated the Grants for Science, Technology, Engineering, and Mathematics Programs under ss.
115.28 (46) and
20.255 (2) (fz), Stats. Since there is no longer any statutory or funding authority for the program, the rules are no longer necessary. Thus, this rule change will eliminate PI 31.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
5. 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 needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since the statutory authority for this program has already been rescinded.
7. 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
N/A
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Bureau for Policy and Budget
Attn: Katie Schumacher
Safety and Professional Services —
Accounting Examining Board
This statement of scope was approved by the Governor on July 23, 2013.
Rule No.
Relating to
Updating accounting and auditing practices and standards, clarifying licensure criteria, and general cleanup.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
One chapter in this series, Chapters
Accy 1 to
9, was last updated in 2004; some chapters have not been updated to reflect current practices or adopted standards in the accounting profession since as far back as 1974. Incorporate current accounting, auditing practices and standards, and references from the American Institute of Certified Professional Accountants (AICPA), AICPA Auditing Standards Boards, National State Boards of Accountancy (NASBA), and other professional organizations. Additional references to professional organizations or standards are proposed to reflect the standards currently in use; these may include but are not limited to: The Uniform Accountancy Act (UAA), Public Company Accounting Oversight Board (PCAOB), international accounting standards, and Generally Accepted Accounting Principles (US GAAP).
Other areas proposed to be updated may include: professional conduct; firm mobility and notification requirements; equivalent education criteria; examination review; codifying reinstatement practices; attest and peer reviews; reciprocity and equivalent certificates; acceptable examination providers, and school accreditation. In addition, the proposal may include creating definitions, revising or repealing Appendix A ch.
Accy 9; correcting inconsistencies between chapters or chapter sections; providing consistency in terminology and format; updating statutory references; and reflecting internal process efficiencies. Consequently, the objectives of this rule-making order may be incorporated into one or more rulemaking projects.
3. 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 changes will serve to clarify, correct, or repeal certain provisions to recognize contemporary standards and practices of the accounting profession, conforming to codified rules and practices of adjacent states, as a well as modifying reinstatement and equivalent education issues.
Not evaluating and updating Chapters
Accy 1 to
9 would create confusion amongst licensees practicing in more than one state. An update would provide the department the opportunity to have rules reflecting national standards widely-accepted and applied throughout the accounting industry.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., requires all examining boards to “
…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
227.11 (2) (a), Stats., authorizes all agencies to promulgate rules interpreting the statutes it enforces or administers, when deemed necessary to effectuate the purpose of such statutes.
Section
442.01 (1), Stats.,“
…the examining board shall promulgate rules that adopt by reference
…" a number nationally-recognized standards boards.
Section
442.087 (3), Stats., “
Rules. The examining board shall promulgate rules that describe the peer review required to renew a firm's license under sub. (2). The rules shall include requirements for the examining board to approve one or more persons to conduct the peer reviews. The rules shall also require each person approved by the examining board to conduct peer reviews to periodically report to the examining board on the effectiveness of the peer reviews conducted by the person and to provide the examining board with a listing of all firms that have undergone peer review conducted by the person."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 210 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with the Accounting Examining Board, drafting the rule changes and processing the changes through public hearing, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes; no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensees (CPAs) and firms (corporations and establishments) and their clientele.
7. 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 comparing these requirements resulted in
12 USC 1831n — Accounting objectives, standards, and requirements. The only references found regulating the use of uniform accounting standards related solely to the banking industry. No mention of CPA licensure or any specific nationally-recognized standards were found to be required or proposed to be required at the federal level.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department believes that proposed revisions under Chapters
Accy 1 to
9 will have a minimal economic impact on small business.
9. Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Real Estate Examining Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
Inactive real estate licenses and apprenticeships.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The Real Estate Examining Board in reviewing their rules, chs.
REEB 11 to
26, and responding to their charge in Executive Order 61, determined that these two chapters be brought to the attention of department staff for future rule-making projects.
Section
452.09 (5), Stats., deals with apprenticeships in the real estate profession. Correspondingly, ch.
REEB 22 allows a sponsoring broker to indenture an apprentice under a temporary salesperson permit for a period of one year and such permit is non-renewable. This chapter outlines various steps regarding application, supervision, compensation, contracts and duties. The Board and the department report that only one application has been received in the past 18-month period; therefore, ch. REEB 22, apprentices, is proposed to be repealed.
In addition, s.
452.12 (6), Stats., states that the ability is granted to a licensee, except for a time-share salesperson, to apply for an inactive license, but this ability has sunset as of October 31, 1995. Therefore, ch. REEB 26, inactive licenses, is proposed to be repealed.
Due to the repeal of these two chapters, there may be cross references or code citations in other chapters in this series requiring correction. These corrections in chs.
REEB 11 to
26 are proposed to be included in this or subsequent rule-making orders; other corrections may include correcting typographical and formatting errors.
3. 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 portion of the Statutes allowing for inactive licensees, s.
452.12 (6), Stats., sunset on October 31, 1995. The portion of the Statutes allowing for the application of apprenticeships, s.
452.09 (5), Stats., is used rarely and the process of application, approval and oversight is complicated and inefficient to all parties involved.
By not repealing these two chapters, the rules relating to real estate brokers and salespersons will continue to be out-of-date or overly cumbersome.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats.:
“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
227.11 (2), Stats.: “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."
Section
452.07 Stats.: “Rules. (1) The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.
(1m) The board shall promulgate rules that
specify the supervisory duties of brokers under s.
452.12 (3)."
Section
452.12 (6), Stats.: Most of this subsection relates to inactive licenses, how inactive licensees may apply for reinstatement and the limitations on practicing real estate while in inactive status; all of this paragraph either sunset on October 31, 1995, or allowed application prior to November 1, 1990, with a 5-year limit.
5. 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 rules is expected to be about 75 hours. This includes coordinating the rule-making process with the Board's meeting schedule, conducting research, drafting and processing the proposed rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensees.
7. 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 application for inactive or apprenticeship licenses in the real estate industry.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is anticipated that there will be no economic impact on small business.
9. Contact Person
Jean MacCubbin, (608) 266-0955.
Safety and Professional Services —
Real Estate Examining Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
Obligation to furnish copies and maintain records, and trust accounts.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
Chapter
REEB 15, Real Estate Broker's Obligation to Furnish Copies and Maintain Records, was created in November 1985 (as ch.
RL 15) and with the exception of a minor correction in authority and chapter renumbering, there have been no substantial changes since this rule became effective. At this time the Real Estate Examining Board (the Board) intends in this proposed revision to make minor corrections in format, update the chapter to reflect any statutory changes, provide clarification where appropriate and allow new and current technology in records retention.
Chapter
REEB 18, Trust Accounts, is added to this scope statement as provisions for maintaining records in ch.
REEB 15 may allow the retention of records in electronic formats and the use of current electronic software. The bookkeeping section, s.
REEB 18.13, may be revised to allow similar technology as in ch.
REEB 15. In addition, depository institutions currently provide options for electronic bank statements and exporting such financial data to bookkeeping software. When requested by the department or board as in s.
REEB 18.036, these records may be determined to be in an acceptable format. With the exception of renumbering and minor changes, this chapter has not been revised since 1994.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing rules relating to the retention of certain records that are used in the practice of real estate can be found in s.
REEB 15.04. This section requires a real estate broker to retain for at least 3 years exact copies of documents and correspondence utilized in connection with any transaction. These documents and correspondence must be made available to the Department of Safety and Professional Services (the department) or the Board for inspection and copying upon request. The proposed rule may clarify what comprises a record. In addition, the proposed revision intends to provide the broker the ability to retain records in electronic format, stipulate retention times and offer possible discipline for not providing such records when so requested.
Existing rules relating to bookkeeping systems and examination of bank records are found in ch.
REEB 18. It is widely known that ledger and journaling financial software is widely utilized in the real estate industry; the Board intends that these rule revisions recognize current practice and modernize the provisions for records and recordkeeping.
No new policies are expected to be created in these revisions. The alternative to not updating these chapters is that record storage and current prescribe bookkeeping formats may continue to be costly and duplicative.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
• Section
15.08 (5) (b), Stats.: This section requires any examining board to promulgate rules for their own guidance or the guidance of respective trade or profession.
• Section
227.11 (2), Stats.: This section confers that each agency has rule-making powers interpreting the authority to enforce and administer as provided in the statues.
• Section
452.07, Stats.: This section provides the Real Estate Examining Board the express authority to draft and approve rules relating to the guidance of the real estate profession. “S.
452.07 Rules. (1) The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice."
• Section
452.13, Stats.: This section outlines procedures for brokers regarding their trust accounts, interest-bearing accounts and furnishing financial documents to the department, board or the Department of Administration on request.
5. 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 rules is expected to be about 210 hours, depending on the complexity. This includes coordinating the rule-making process with the Board, research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Real estate licensees.
7. 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 search of the U.S. Code and the code of federal regulations (CFR) did not reveal any existing or proposed regulations at the federal level for: applications and education relating to the licensing of real estate brokers and real estate salespersons, real estate broker's trust accounts, records retention or records kept in a specific format.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The anticipated cost of complying with the proposed rule is deemed minimal to none as it is expected that any electronic format required would include various options and may already be utilized.
9. Contact Person
Jean MacCubbin, Program Manager, Division of Policy Development, Department of Safety and Professional Services; P.O. Box 8935; Madison, WI 53708-8935; phone: (608) 266-0955 or Contact Through Relay; email:
jean.maccubbin@wisconsin.gov.
Technical College System Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
Certification of personnel: requirements and procedures.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The Wisconsin Technical College System (WTCS) recently reviewed Chapter
TCS 3 of the Wis. Admin. Code, entitled Certification of Personnel: Requirements and Procedures, 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. Chapter
TCS 3, which was last amended in 1993, establishes the standards and procedures for implementation of a personnel certification system.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A committee of stakeholders, which included both System Office staff and college representatives — faculty members, presidents, chief academic officers, human resource directors, and certification officers — recommended a revised system that is lean, effective, flexible, and provides consistent process standards to ensure that WTCS institutions hire high quality faculty who will be supported with ongoing professional development that helps ensure learner success. The proposed Faculty Quality Assurance System would require each technical college district establish a process that meets WTCS Board established standards for occupational experience, academic qualifications, and ongoing professional development. WTCS staff will conduct reviews on behalf of the Board to ensure districts' quality assurance systems adhere to these standards. In addition, WTCS staff will work with district staff to provide technical assistance, identify best practices, and provide ongoing professional development opportunities for college faculty.
The proposed system would require rule changes that would delete or amend almost every section of ch.
TCS 3.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The WTCS Board's responsibility for personnel certification is identified in Wis. Stat. s.
38.04 (4), which says that “the qualifications of educational personnel
…shall be approved by the Board."
5. 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.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The WTCS Board, System Office staff, and the 16 technical college districts.
7. 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 the qualifications of technical college educational personnel.
8. 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 economic impact statewide and locally.
9. Contact Person
James Zylstra, (608) 266-1739.
Transportation
This statement of scope was approved by the Governor on July 25, 2013.
Rule No.
Relating to
Size and weight of vehicles and vehicle combinations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to bring ch.
Trans 276 into compliance with Wisconsin Statutes. First, the proposed rule seeks to conform s.
Trans 276.05 (2) to
(3) to s.
348.07 (4), Stats., by removing the outdated reference to “5-mile access routes." Second, the proposed rule seeks to conform ch.
Trans 276 to ss.
348.07 (1) and
348.08 (1) (a), Stats., by repealing s.
Trans 276.06 in its entirety. These removals will clarify changes made to s.
348.07 (1), Stats., as a result of
2011 Wisconsin Act 54, and to s.
348.08 (1) (a), Stats., as a result of
2011 Wisconsin Act 243.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
Trans 276.05 (2) and
276.05 (3) specify that certain specified vehicles may not travel more than 5 miles on access routes to and from designated highways. These 2 sections of the rule are inconsistent with s.
348.07 (4), Stats., which specifies the distance as “15-miles." The distance these specified vehicles may travel on access routes to and from designated highways may change in the future and should not appear in both the rule and statute. Therefore, the references to specific distance in s.
Trans 276.05 (2) to
(3) should be removed.
Section
Trans 276.06 specifies the maximum overall length for vehicles operating in double or triple saddlemount without a permit as 75 feet or less. This rule has been made obsolete by s.
348.08 (1) (a), Stats., as amended by
2011 Wisconsin Act 243. Previously, s.
348.08 (1) (a), Stats., only permitted vehicles to operate in double or triple saddlemount without a permit if they were 65 feet or less in overall length. As a result of
2011 Wisconsin Act 243, s.
348.08 (1) (a), Stats., now specifies the distance as 75 feet or less. Since both the statute and the rule specify maximum overall length as 75 feet, this section of the rule is unnecessary and should be repealed.
Section
Trans 276.06 also specifies the maximum overall length for a motor bus to operate without a permit as 45 feet or less. This rule has been made obsolete by s.
348.07 (1), Stats., as amended by
2011 Wisconsin Act 54. Previously, s.
348.07 (1), Stats., only permitted a motor bus to operate without a permit if they were 40 feet or less in overall length. As a result of
2011 Wisconsin Act 54, s.
348.07 (1), Stats., now specifies the distance as 45 feet or less. Since both the statute and the rule specify maximum overall length as 45 feet, this section of the rule is unnecessary and should be repealed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
85.16, Stats., WisDOT has the authority to make reasonable and uniform rules for the discharge of its powers, duties and functions. Section
227.11 (2), Stats., identifies areas where rule-making authority is expressly conferred upon agencies, including where necessary to effectuate the purpose of the statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
None. The proposed changes will amend language in ch.
Trans 276 that is obsolete as a result of conflicts with recent statutory changes. The proposed changes will also clarify the law as it already exists.
7. 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 existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule changes.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Implementation of the proposed changes is not anticipated to have any economic impact on small businesses.
9. Contact Person
Reed McGinn, Legislative Liaison, Division of Motor Vehicles, Wisconsin Department of Transportation, (608) 266-7857.
Workforce Development
This statement of scope was approved by the Governor on August 1, 2013.
Rule No.
Relating to
Unemployment Insurance Work Registration, Work Search and Benefit Claiming Procedures.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The proposed rule will amend and update current rules related to the UI program by disqualifying claimants who are not actively seeking work and reducing the amount of time that claimants collect UI benefits. The amendments to the rules will ensure that those receiving UI benefits are engaging in activities that an unemployed person who wants to work would perform. The amendments will enhance the department's ability to guarantee that claimants perform those activities directed by the department to assist claimants in becoming reemployed and prescribe methods by which claimants will be notified of requirements with respect to benefit eligibility.
• Section
108.04 (2) (a) 3., Stats., as amended by
2013 Wis. Act 20, requires weekly work search activities for a UI Benefit claimant be increased from 2 to at least 4 searches per week, and some claimants may be required to conduct more than 4 work searches per week.
• Section
108.04 (15), Stats., created by
2013 Wis. Act 36 authorizes the department to request information from UI benefit claimants related to work search efforts.
• Section
108.04 (2) (a) 4., Stats., as created by
2013 Wis. Act 36, authorizes the department to request information from UI benefit claimants related to work search efforts.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
UI benefits provide a temporary safety net for employees who are out of work through no fault of their own until they secure additional employment. Section
108.04 (2), Stats., provides that an otherwise qualified claimant is eligible for UI benefits in any given week if the individual is able and available to work during that week, has registered for work, and the individual conducts a reasonable search for suitable work.
2013 Wisconsin Act 20 provided changes to these qualification requirements. First,
2013 Wisconsin Act 20 provides that an individual's registration for work must be done as directed by the department. Second,
2013 Wisconsin Act 20 increased the number of weekly work search actions a claimant must conduct from two to at least four, unless the department waives the work search requirement. Third,
2013 Wisconsin Act 20 specified that the department must adopt rules to prescribe when it may require a claimant to conduct more than four work search actions in a week. Finally, as the department enhances its focus on assisting claimants to become reemployed, the administrative rules must authorize the department to be able to provide claimants with notifications through email and other modern technological means.
The amendments to the administrative rules will make the rules consistent with the newly enacted legislation and will clarify and narrow the exemptions available to a claimant who is required to conduct work searches. These rule changes will strengthen the requirements for unemployed individuals to actively seek employment and thereby improve their employment prospects and align the job search requirements with the underlying goal of the UI program.
Currently, the department may require claimants to participate in a public employment office workshop which offers instruction in improving the claimant's skills for finding and obtaining employment. The amendments to the rules will enable the department to identify additional services it may provide claimants to become more quickly employed and potentially require claimants to attend training services to enhance their job prospects.
Finally, as required by
2013 Wisconsin Act 20, the amendments will provide criteria as to when the department may require a claimant to conduct more than four weekly work search actions.
The policy alternative of doing nothing is not acceptable, because, if the department fails to adopt amendments to the rules related to work search activities, the administrative rules will be inconsistent with state statutes. In addition, without updating the rules, the department will be deterred from verifying that claimants are actively seeking work. Moreover, it may encourage some claimants to remain unemployed and to continue to collect unemployment benefits rather than obtain employment.
3. Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
Section
108.04 (2) (b), Stats., provides: “The requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule waive these requirements under certain stated conditions."
In addition, s.
108.14 (2), Stats., provides in part: “The department may adopt and enforce all rules which it finds necessary or suitable to carry out this chapter."
Other statutory authority includes:
Section
108.03, Wis. Stats. Payment of benefits — authority to prescribe conditions.
Section
108.04, Wis. Stats. Eligibility for benefits — authority to adopt rules on the requirement for work searches.
Section
108.08, Wis. Stats. Notification of unemployment.
Section
108.09, Wis. Stats. Settlement of benefit claims — authority to adopt rules on filing claims.
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule, and Other Resources Necessary to Develop the Rule
The total amount of staff time is estimated to be 480 hours.
5. List with Description of all Entities that may be Affected by the Proposed Rule
These rules will impact all individuals who qualify for UI benefits. The rules will also impact businesses in two aspects. First, the rule changes are projected to cause more unemployed individuals who are collecting benefits to find employment. As a result, unemployed individuals will be collecting lower amounts of UI benefits and there will be fewer charges to employers' UI accounts. This will result in employers having to pay lower amounts of unemployment tax. Second, more unemployed individuals will seek employment. As a result, there are likely to be more job applications for employers to review when employers are seeking to hire individuals.
6. 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
Federal law states individuals must be registered for work and must be available and actively seeking work to be eligible for regular unemployment compensation. In addition, federal law requires claimants to participate in reemployment services to which they have been referred as a condition of UI eligibility. These rules will clarify what are the required work search activities a claimant must conduct and strengthen the ability of the department to monitor the claimants' efforts to obtain employment and require them to participate in reemployment services.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have an Economic Impact on Small Businesses)
These rules will have a positive economic impact. The increase in the requirement for work search activities and work registration will likely decrease charges to the UI trust fund due to individuals obtaining employment sooner or becoming disqualified for not actively seeking work. This will have a positive economic impact on employers, due to fewer charges to employers' UI accounts.
Contact Person
