This statement of scope was approved by the governor on March 28, 2014.
Rule No.
Relating to
Non-metallic mining in the lower Wisconsin riverway.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
An existing rule, Wis. Admin. Code s.
RB 2.07, prohibits non-metallic mining in the lower Wisconsin riverway, except for operations existing on October 21, 1989. Wisconsin Stat. s.
30.44 (3e) establishes statutory standards for approving applications to conduct non-metallic mining in the riverway. The Lower Wisconsin State Riverway Board (“the Board") does not presently have statutory authority to promulgate rules for non-metallic mining in the riverway. Wisconsin Stat. s.
227.10 (2m) precludes the Board from enforcing the rule in the absence of statutory authorization. There is presently no statutory authorization for the existing rule. The proposed rule would repeal Wis. Admin. Code s. RB 2.07, because statutory authority for the rule no longer exists.
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 provisions of Wis. Stat. s.
30.44 (3e) establish public policy regarding non-metallic mining in the lower Wisconsin riverway. The proposed repeal of Wis. Admin. Code s.
RB 2.07 would establish no new policy, but would bring the administrative rule into conformity with Wis. Stat. s.
30.44 (3e).
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under Wis. Stat. ss.
30.43 (3) and
30.435 (2m), the Board has limited rule-making authority with respect to certain activities in the riverway. The rule-making authority that Wis. Stat. ss.
30.43 and
30.435 (2m) grant the Board does not authorize the promulgation of rules for non-metallic mining in the riverway.
(a) A person shall apply for and receive a permit before beginning or expanding nonmetallic mining on land in the riverway that is not visible from the river when the leaves are on the deciduous trees.
(b) A person may not be issued a permit for an activity in par. (a) unless the following performance standards are met:
1. Any structure and any stockpiled materials or soil associated with the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
2. The excavation for the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
That section explicitly establishes standards, and does not authorize adoption of any other standards. Wisconsin Stat. s.
227.10 (2m) prohibits enforcement of any standard not explicitly required or explicitly permitted by statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Development of the rule and of other resources necessary to develop the rule is likely to require 10 hours of state employee time.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will have no affect on any entity beyond the effect of Wis. Stat. s.
30.44 (3e) itself. Entities that may be affected by the cited statute and the proposed rule include quarry operators, sand-mining companies, residents and landowners of the riverway, municipalities having zoning jurisdiction in the riverway, and visitors to the riverway.
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
The Board is not aware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Because the proposed rule conforms the administrative rule to existing provisions of State statutes, the Board expects no additional economic impact related to rule implementation.
Contact Person
Mark E. Cupp, Lower Wisconsin State Riverway Board
Post Office Box 187
Muscoda, WI 53573
Telephone: (608) 739-3188
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
Incorporating intellectual disability terminology and concepts.
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
This proposed rule change may adjust the terminology, definition, and eligibility contained in s.
PI 11.36 (1), or a combination thereof, to align with language used in federal law (Rosa's Law, Pub. L. 111-256) and with the American Association on Intellectual and Developmental Disabilities' classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11th edition (2010).
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The language in s.
PI 11.36 (1) uses cognitive disability. The term cognitive disability and its definition are not consistent with current means of determining whether someone has an intellectual disability. As a result, cognitive disability may be changed to intellectual disability and the definition of and determination of an intellectual disability may be changed to align with the American Association on Intellectual and Development Disabilities' classification manual, Intellectual Disability: Definition, Classification, and Systems of Supports, 11
th edition (2010) and to include current terminology used in the Wisconsin Model Early Learning Standards.
4. Detailed Explanation of Statutory Authority for the Rule
Under s.
227.11 (2) (a) (intro), Stats., “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." As such, ch.
PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of ch. 115, Stats.
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 indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This will affect school 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
N/A.
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
Identification of children with significant developmental delay (SDD).
Rule Type
Permanent.
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
20 U.S.C. 1401(3)(B) permits the identification of children with significant development delay (SDD) through the age of nine rather than six. This proposed rule change will consider changes to ch.
PI 11 based on that option.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Allowing a child with SDD to be identified through the age of nine will provide a longer window of time to assess whether the child has a specific disability, thus addressing difficulties with accurate assessment and labeling certain children beyond age 6 who are still in need of educational interventions.
4. Detailed Explanation of Statutory Authority for the Rule
Under s.
227.11 (2) (a) (intro), Stats., “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." As such, ch.
PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of ch. 115, Stats.
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 indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule would impact local educational agencies that provide programs to children with disabilities in 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
20 U.S.C. 1401(3)(B) permits the identification of children with significant developmental delay (SDD) through the age of nine.
Contact Person
Bureau For Policy and Budget
Attn: Katie Schumacher
Public Instruction
