Scope Statements
Justice
This scope statement was approved by the governor on July 28, 2014.
Rule No.
Relating to
Procedures and standards for the submission of human biological specimens, the analysis of DNA in those specimens, the maintenance of a data bank of DNA analysis data, and the use and disposition of specimens and data in the data bank under ss.
165.76 and
165.77, Stats.
Rule Type
Permanent.
1. Finding / Nature of Emergency (Emergency Rule Only)
Not applicable
2. Description of the Objectives of the Rules
The State of Wisconsin Department of Justice proposes to repeal and recreate Wis. Admin. Code ch.
Jus 9, which governs the procedures for the submission of human biological specimens to the Department of Justice crime laboratories for DNA analysis, the analysis of such specimens, the maintenance of a data bank of DNA analysis data, the use of the DNA data bank, the expungement of biological specimens and DNA analysis data, the confidentiality of some DNA data bank records, and the imposition of a DNA analysis surcharge in certain cases. The current rules also provide penalties for failure to submit a required biological specimen and require the department of corrections, the department of health services, county social services departments, and county sheriffs to cooperate with DOJ in meeting the requirements of the rules.
The proposed rules would repeal Wis. Admin. Code ch.
Jus 9 and recreate that chapter so as to bring it into full compliance and consistency with the provisions in
2013 Wisconsin Act 20 and
2013 Wisconsin Act 214 that amended various statutes related to the collection and handling of biological samples, the conduct of DNA analysis, and the handling of DNA analysis data.
The proposed rules will cover the following subject areas:
Procedures and time limits for obtaining and submitting biological specimens from persons in multiple statutory categories, including:
• any person arrested for a violent crime or charged with a violent crime and making an initial appearance in criminal court
• any person sentenced or placed on probation by a court for any crime
• any person found to be a sexually violent person under ch.
980, Stats.
• any person found not guilty by reason of mental disease or defect of certain felony or sex-related offenses or of offenses for failing to provide required biological specimens
• any person taken into custody, in custody, or before a court for a juvenile offense that would be a violent crime if committed by an adult
• any person adjudicated delinquent for a juvenile offense that would be a felony if committed by an adult, for certain violent offenses or sex-related non-felony offenses, or for non-felony offenses for failing to provide required biological specimens
• any person involuntarily committed for treatment for a juvenile offense that would be a felony if committed by an adult, for certain violent or sex-related non-felony offenses, or for non-felony offenses for failing to provide required biological specimens
• certain persons on parole, extended supervision, or probation in this state based on violations in another state that, if committed in this state, would constitute a felony or certain non-felony sex-related offenses
• any person required by a court to provide a biological specimen
Procedures and time limits for obtaining and submitting biological specimens from persons in multiple statutory categories, based upon events occurring within a specified range of dates. These categories include:
• any person who is or was in institutional care or sentenced or placed on probation after August 12, 1993, for certain sex-related offenses
• any person who, on or after August 12, 1993, has been found not guilty or not responsible by reason of mental disease or defect and has been committed for certain sex-related offenses
• any person who, based on certain sexual assault offenses, is or was in a juvenile correctional facility, in a secured residential care center for children and youth, or on probation, extended supervision, parole, supervision, or aftercare supervision after August 12, 1993
• any person who, based on certain sexual assault offenses, is or was in prison after August 12, 1993, and before January 1, 2000
• any person found to be a sexually violent person under ch.
980 on or after June 2, 1994
• any person found guilty of a felony or who is or was in prison for a felony on or after January 1, 2000
• any person who, on or after January 1, 2000, has been found not guilty or not responsible by reason of mental disease or defect for certain sex-related offenses or offenses for failing to provide required biological specimens
• any person who is or was in institutional care on or after January 1, 2000, for a felony or for certain sex-related non-felony offenses or non-felony offenses for failing to provide required biological specimens
• any person who, between January 1, 2000, and April 1, 2015, is found guilty of certain sex-related offenses or offenses for failing to provide required biological specimens
• any person found guilty of a misdemeanor on or after April 1, 2015
Procedures and standards under which DOJ will identify and notify individuals who are required to provide a biological specimen and who have not yet done so.
Procedures and standards for determining whether a person required to provide a biological specimen who has previously provided a specimen is required to provide another specimen.
Procedures and standards governing the submission of biological specimens by law enforcement agencies to the Department of Justice crime laboratories.
Procedures and standards governing the DNA analysis of biological specimens, the maintenance of a data bank of DNA analysis data, and the use of data in the data bank by the Department of Justice crime laboratories.
Procedures and standards governing the destruction of biological samples by the Department of Justice crime laboratories.
Procedures and standards for reimbursing law enforcement and tribal law enforcement agencies for the collection and handling of biological specimens.
Procedures and standards governing access to and use of records of the DNA analysis data bank and the confidentiality of some DNA data bank records
Procedures and standards for submitting biological specimens and data for inclusion in one or more national index systems and for ensuring compliance with any applicable requirements for participating in any such national index systems.
Procedures and standards governing requests from an individual for DNA analysis of the individual's own specimen.
Procedures and standards governing requests from an individual for expungement of the individual's biological specimens and DNA analysis data.
The rules will continue to require the department of corrections, the department of health services, county social services departments, county sheriffs, and law enforcement agencies to cooperate with DOJ in meeting the requirements of the rules.
3. Description of existing policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
In
2013 Wisconsin Act 20 (“Act 20") and
2013 Wisconsin Act 214 (“Act 214"), the State of Wisconsin substantially revised existing statutes related to the requirement that certain persons submit biological specimens to the crime laboratories in DOJ for DNA analysis and that the resulting data be included in a DNA data bank. Acts 20 and 214 expanded the range of categories of persons who are required to submit DNA samples to law enforcement, required courts to order the submission of DNA samples by persons from whom samples were not obtained at the time of arrest or custody, expanded the categories of persons immune from civil or criminal liability arising out of the statutorily-mandated acquisition of DNA samples, authorized certain officials to use reasonable force in obtaining a DNA sample in some circumstances, and expanded the circumstances in which specimens and information in the data bank may or must be expunged.
Acts 20 and 214 also revised the administrative rulemaking requirements imposed on DOJ under s.
165.76 (4), Stats. As revised, the statute requires DOJ to promulgate rules that accomplish a variety of enumerated tasks and that carry out all of DOJ's other duties under s.
165.76, Stats. Acts 20 and 214 also revised some of the statutory requirements related to DNA analysis and the maintenance of the DNA data bank in s.
165.77, Stats. Under s.
165.77 (8), Stats., DOJ is required to promulgate rules to administer that statute, including its revised provisions.
The rules proposed here will not themselves establish new policies, but rather will carry into effect the legislative directives set forth in Acts 20 and 214 by providing specific procedures, time limits, and standards for carrying out various statutorily prescribed policy objectives.
4. Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department of justice shall promulgate rules to do all of the following:
(b) Specify whether an individual who is required under this section or ss.
51.20 (13) (cr),
165.84 (7),
938.21 (1m),
938.30 (2m),
938.34 (15),
970.02 (8),
971.17 (1m) (a),
973.047, or
980.063 to provide a biological specimen for deoxyribonucleic acid analysis must provide a new biological specimen if the crime laboratories already have a biological specimen from the individual or if data obtained from deoxyribonucleic acid analysis of the individual's biological specimen are already included in the data bank under s.
165.77 (3).
(c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section, under s.
51.20 (13) (cr),
938.21 (1m),
938.30 (2m),
938.34 (15),
970.02 (8),
971.17 (1m) (a),
973.047, or
980.063, or, if the specimen is required to be analyzed under s.
165.84 (7) (am) 1m., under s.
165.84 (7) (ah), to be submitted for inclusion in an index established under
42 USC 14132(a) or in another national index system.
(d) Provide reimbursement from s.
20.455 (2) (Lm) to a person in charge of a law enforcement agency or tribal law enforcement agency at a rate of $10 per specimen except that, if the department already has a biological specimen, or data obtained from analysis of a biological specimen, from the individual, the department may not reimburse the person in charge of the agency.
(e) Carry out the department's duties under this section.
The department shall promulgate rules to administer this section.
(2) 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.
Section
227.11 (2) (a), Stats., expressly confers on DOJ the general power to determine whether administrative rules interpreting statutory provisions that are to be enforced or administered by DOJ are necessary to effectuate the purpose of those statutory provisions and, if such necessity is found, to promulgate such administrative rules, as long as those rules do not exceed the bounds of correct interpretation of the governing statutes.
DOJ finds that the rules here proposed are necessary to effectuate the statutory objective described in detail above.
DOJ further finds that the rules here proposed:
• do not exceed the bounds of correct interpretation of the pertinent statutes;
• are authorized by those statutes and are not based on authority derived from any other statutory or non-statutory statements or declarations of legislative intent, purpose, findings, or policy;
• are authorized as necessary interpretations of specific statutory requirements and are not based on authority derived from any other general powers or duties of DOJ; and
• do not impose any standards or requirements that are more restrictive than the standards and requirements contained in the pertinent statutes.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated that state employees will spend approximately 800 hours on the rulemaking process for the proposed rules, including research, drafting, and compliance with required rulemaking procedures.
6. Description of all Entities that may be Impacted by the Rule
The interests of those persons who are statutorily required to submit DNA samples to law enforcement will be directly affected by the provisions in the proposed rules governing:
• Procedures and time limits for obtaining and submitting DNA samples.
• Procedures and standards for identifying and notifying individuals who are required to provide a DNA sample but have not yet done so.
• Procedures and standards for determining whether a person who has previously provided a DNA sample may be required to provide another sample.
• Procedures and standards governing access to and use of DNA data bank records and the inclusion of such records in one or more national index systems.
• Procedures and standards governing the destruction of biological samples.
• Procedures and standards governing requests from an individual for DNA analysis of the individual's own specimen.
• Procedures and standards governing requests from an individual for expungement of the individual's DNA samples and data.
The interests of sexual assault victims may be affected by the provisions in the proposed rules governing the handling of DNA samples and data in sexual assault cases.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The activities regulated by the proposed rules are also affected by the federal statutes and regulations that govern the Combined DNA Index System (“CODIS"), which is the program of support for state and local criminal justice DNA databases operated by the Federal Bureau of Investigation, pursuant to 42 U.S.C. § 14132 and
28 C.F.R. Part 28.
CODIS includes the National DNA Index System (“NDIS"), a national database that contains DNA analysis data contributed by forensic laboratories at the federal, state, and local levels. Under s.
165.76 (4) (c), Stats., DOJ is expressly authorized to submit biological specimens or DNA analysis data for inclusion in NDIS.
Forensic laboratories participating in NDIS are required to be accredited by a nationally recognized forensic science association, to undergo an external audit every two years to demonstrate compliance with quality assurance standards established by the FBI, and to disclose DNA samples or analyses only in accordance with federal privacy requirements. See 42 U.S.C. § 14132(b)(2) and (3). Access to NDIS is subject to cancellation if the quality control and privacy requirements are not met. 42 U.S.C. § 14132(c).
The proposed rules will include procedures and standards for submitting biological specimens and data to NDIS and for ensuring consistency with all applicable federal requirements.
8. Anticipated Economic Impact of Proposed Rules
It is not anticipated that the proposed rules will have any economic impact on non-governmental persons and entities. The proposed rules will impose certain responsibilities on local units of government. However, kits for collecting biological samples will be supplied to local units of government by the state and local units of government will also receive a reimbursement from the state for each biological sample submission. Accordingly, it is anticipated that the proposed rules will not have any net economic impact on local units of government.
9. Contact Person
Assistant Attorney General Thomas C. Bellavia, (608) 266-8690
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # LE-17-13)
The scope statement was approved by the governor on July 29, 2014.
Rule No.
Relating to
Revisions to law enforcement aids to counties and municipalities under Chapter
NR 50 and section
NR 64.15.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
2. Detailed Description of the Objective of the Proposed Rule
Make revisions to ss.
NR 50.12 and
50.13, Wis. Adm. Code, and move language from s.
NR 64.15 to ch.
NR 50, Wis. Adm. Code, pertaining to law enforcement aids to counties and municipalities for boat, all-terrain/utility terrain vehicle, and snowmobile patrol units. The proposed revisions will provide consistency and standardization for the state, counties and municipalities in the administration of the law enforcement aids program.
3. Description of the Existing Policies Relevant to the New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
All-Terrain Vehicle (ATV) Patrol Units — s. NR 64.15, Wis. Adm. Code.
• Move this section from ch.
NR 64 to ch.
NR 50, Wis. Adm. Code, to provide one code location for all law enforcement aids to municipalities. Each of the patrol units use the same forms and process for claims for reimbursement.
• Change current references to “all-terrain vehicle" to “all-terrain and/or utility terrain vehicles" to reflect law changes effective July 2012 under
2011 Wis. Act 208.
• Clarification of Definition: Under s.
NR 64.02 (7) “Enforcement" means the detection and prevention of crimes and civil violations, and the arrest of those persons who violate such laws. To qualify for state aids under s.
23.33, Stats., and s.
NR 64.15, Wis. Adm. Code, officers involved in the “enforcement" of s.
23.33, Stats., must meet the requirements in s.
165.85, Stats., at the end of the patrol period and must have the authority to make arrests for the violations of the laws they are employed to enforce.
• Include hours for safety education teaching as a reimbursable cost, consistent with water safety patrol requirements. Allowing safety education teaching hours as exempt hours will allow the patrol units to include all relevant hours on their claim, while keeping the patrol hours as actual hours spent patrolling. A local unit of government may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department ATV safety education course. Teaching hours are considered “exempt" hours and may not be included in patrol hour totals. Reimbursement will be limited to two (2) ATV Safety education courses per patrol year.
• Salary Schedule: Increase the allowable fringe rate to actual costs up to a maximum of 50% of the reimbursable straight time salary rate to allow the patrol units to more accurately reflect current day practices when calculating fringe rate percentage.
• Salary Schedule: To provide consistency across the three patrol unit types, create a maximum percentage limited to 30% of the total hours claimed for administrative hours that patrols may be reimbursed. To provide consistency across the three patrol unit types and to limit the administrative hours claimed by a patrol unit to ensure patrol units are reimbursed for time spent patrolling vs. administrative tasks, thereby reducing the cost per citation. Examples of Administrative hours: creating arrest reports, daily logs, court time, equipment purchasing/ specifications, preparing claim packet.
• Patrol Hours: Increase the minimum patrols hours required for patrol units to be eligible for a reimbursement from 20 to 40 hours.
• Require Department approval prior to the purchase of capital equipment to ensure consistency across the state.
• Depreciation Schedule: To provide consistency across the three patrol unit types, changes would be made to the depreciation methods. Capital items ($2,500 or over) authorized by the Department shall be depreciated over a period of five (5) years at 20% annually. Repairs under $2,500 to authorized capital equipment may be reimbursed during the year the repairs were paid for. All repairs to capital equipment $2,500 and over shall be depreciated over a period of five (5) years at 20% annually.
• Remove requirement for DNR to send forms to the patrols. Forms are available electronically on the DNR's webpage.
• Remove requirement for patrol units to submit 2 copies of the completed forms to DNR. Two copies are unnecessary.
Snowmobile Patrol Units — s. NR 50.12, Wis. Adm. Code.
• Clarification of Definition: Under s.
NR 50.03 (8) “Enforcement" means the detection and prevention of crimes and civil violations, and the arrest of those persons who violate such laws. To qualify for state aids under ss.
30.79 and
350.12, Stats., and ss.
NR 50.12 and
50.13, Wis. Adm. Code, officers involved in the “enforcement" of ss.
30.50 to
30.80, Stats., or ch.
350, Stats., must meet the requirements in s.
165.85, Stats., at the end of the patrol period and must have the authority to make arrests for the violations of the laws they are employed to enforce.
• Include hours for safety education teaching as a reimbursable cost, consistent with water safety patrol requirements. Allowing safety education teaching hours as exempt hours will allow the patrol units to include all relevant hours on their claim, while keeping the patrol hours as actual hours spent patrolling. A local unit of government may be reimbursed for the actual teaching hours of a law enforcement officer who conducts an authorized department ATV safety education course. Teaching hours are considered “exempt" hours and may not be included in patrol hour totals. Reimbursement will be limited to two (2) ATV Safety education courses per patrol year.
• Salary Schedule: Increase the allowable fringe rate to actual costs up to a maximum of 50% of the reimbursable straight time salary rate to allow the patrol units to more accurately reflect current day practices when calculating fringe rate percentage.
• Salary Schedule: To provide consistency across the three patrol unit types, create a maximum percentage limited to 30% of the total hours claimed for administrative hours that patrols may be reimbursed. To provide consistency across the three patrol unit types and to limit the administrative hours claimed by a patrol unit to ensure patrol units are reimbursed for time spent patrolling vs. administrative tasks, thereby reducing the cost per citation. Examples of Administrative hours: creating arrest reports, daily logs, court time, equipment purchasing/ specifications, preparing claim packet.
• Patrol Hours: Increase the minimum patrols hours required for patrol units to be eligible for a reimbursement from 20 to 40 hours.
• Require Department approval prior to the purchase of capital equipment to ensure consistency across the state.
• Depreciation Schedule: To provide consistency across the three patrol unit types, changes would be made to the depreciation methods. Capital items ($2,500 or over) authorized by the Department shall be depreciated over a period of five (5) years at 20% annually. Repairs under $2,500 to authorized capital equipment may be reimbursed during the year the repairs were paid for. All repairs to capital equipment $2,500 and over shall be depreciated over a period of five (5) years at 20% annually.
•
Remove requirement for DNR to send forms to the patrols. Forms are available electronically on the DNR's webpage.
•
Remove requirement for patrol units to submit 2 copies of the completed forms to DNR. Two copies are unnecessary.
Water Safety Patrol Units — s. NR 50.13, Wis. Adm. Code
•
Clarification of Definition: Under s.
NR 50.03 (8) “Enforcement" means the detection and prevention of crimes and civil violations, and the arrest of those persons who violate such laws. To qualify for state aids under ss.
30.79 and
350.12, Stats., and ss.
NR 50.12 and
50.13, Wis. Adm. Code, officers involved in the “enforcement" of ss.
30.50 to
30.80, Stats., or ch.
350, Stats., must meet the requirements in s.
165.85, Stats., at the end of the patrol period and must have the authority to make arrests for the violations of the laws they are employed to enforce.
• Salary Schedule: To provide consistency across the three patrol unit types, increase the maximum percentage from 20% to 30% of the total hours claimed for administrative hours that patrols may be reimbursed. To limit the administrative hours claimed by a patrol unit to ensure patrol units are reimbursed for time spent patrolling vs. administrative tasks, thereby reducing the cost per citation. Examples of Administrative hours: creating arrest reports, daily logs, court time, equipment purchasing/ specifications, preparing claim packet.
•
Patrol Hours: Increase the minimum patrols hours required for patrol units to be eligible for a reimbursement from 40 to 80 hours.
• Require Department approval prior to the purchase of capital equipment to ensure consistency across the state's patrol unit.
• Warnings: To provide consistency across the three patrol unit types, allow patrol units to claim written warnings in addition to citations similar to the ATV and snowmobile patrol reimbursable items. Two (2) documented written warnings will be given the same weight as an arrest. No more than 50% of the credits to reach the standard may be written warnings.
•
Add Municipal Boat Patrol US Coast Guard Annual Report (Form 8700-330) to the list of forms required as part of the annual reimbursement claim submittal. Information collected on this form is required in the US Coast Guard federal grant application process.
•
Remove requirement for DNR to send forms to the patrols. Forms are available electronically from the DNR webpage.
•
Remove requirement for patrol units to submit 2 copies of the completed forms to DNR. Two copies are unnecessary.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter relating to water safety patrol units in s.
30.79, Stats., establishes that the department shall promulgate rules that restrict the costs eligible for state aid. Snowmobile enforcement aid language statutory authority is contained in s.
350.12 (4), Stats. All terrain/utility terrain vehicle enforcement aid language is contain in s.
23.33 (9), Stats.,
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
One month.
6. List with Description of all Entities that may be Affected by the Proposed Rule
-
See PDF for table 
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
Not applicable
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Proposed changes will have an overall negligible economic impact on the county sheriff's departments and local municipalities identified in the list above.
A review of the reimbursement payments for the past three years indicates that increasing the minimum patrol hour requirement could affect 5 ATV patrol units, 12 water safety patrol units and 5 snowmobile patrol units that would have to increase their patrol requirements in order to meet the minimum standards. However, the revision will provide for an increased law enforcement presence thereby providing a positive impact for health and safety.
The revisions propose capping the reimbursable administrative time to 30%, which is close to the amount used for federal grants and other aids program within the State of Wisconsin. While reducing the maximum administrative time allowed will impact patrol unit reimbursement claims, the intent of the law enforcement aids program is to provide reimbursement for law enforcement activities.
These rules are applicable to country sheriff's departments and local municipality enforcement units and impose no compliance or reporting requirements for small business.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates hold two public hearings in the month of September 2014. Hearing cities will be Madison and Wausau.
Contact Person
Roy Zellmer, 608-212-5385.
Revenue
This scope statement was approved by the governor on July 24, 2014
Rule No.
Relating to
Income, franchise, and excise tax provisions.
Rule Type
Permanent.
1. Finding / Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
• Revise ss.
Tax 2.67 and
2.82 to change references to certain corporate franchise and income tax forms that are being consolidated and renamed as a result of forms redesign.
• Revise s.
Tax 2.88 (3) to reflect that refund interest may not be paid on an overpayment that results from the carryback of a net operating loss. This provision is under s.
71.05 (8) (c), Stats., as created by
2013 Wis. Act 145.
• Amend s.
Tax 4.10 (3) (b) 2. to reflect the removal by
2013 Wis. Act 54 of limits on the capacity of a vehicle transporting fuel and the distance between the destination of the import or export of fuel from a bulk plant and the Wisconsin border.
• Revise s.
Tax 4.65 (3) (c) to reflect that
2013 Wis. Act 204 provides that exemption certificates used to claim exemption from the motor vehicle fuel tax on gasoline or diesel fuel are valid for 3 years.
• Amend s.
Tax 14.01 to include Schedule H-EZ as a form for claiming homestead credit.
• Revise s.
Tax 14.03 to reflect the current amount of the dependent deduction under s.
71.52 (5), Stats.; include net operating loss carrybacks as an item includable in income under s.
71.52 (6), Stats., as amended by
2013 Wis. Act 184; and clarify that only nontaxable pension rollovers are excluded from income.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis Of Policy Alternatives
Existing policies are as set forth in the rules. New policy is being proposed to reflect the law changes described above. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Under s.
71.80 (1) (c), Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes. This provision applies to the revision of ss.
Tax 2.05,
2.61,
2.67,
2.82,
2.88,
14.01, and
14.03.
Section
78.79, Stats., provides “[t]he department may promulgate reasonable rules relating to the administration and enforcement of this chapter
…" This provision applies to the revision to ss.
Tax 4.10 and
4.65 (3) (c).
Section
227.04 (2m), Stats., requires each agency to promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules against a small business that has committed a minor violation. This provision applies to the repeal and recreation of s.
Tax 1.15.
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 it will take approximately 100 hours to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Tax professionals, businesses, and others who rely on clear, current, and concise rules
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 is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
9. Contact Person
Dale Kleven, (608) 266-8253.
Revenue
This scope statement was approved by the governor on July 24, 2014
Rule No.
Relating to
Sales and use tax provisions.
Rule Type
Permanent.
1. Finding / Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are (1) reflect various law changes, (2) clarify multiple rules, and (3) correct an error in current rule provisions.
a. Aircraft
• Clarify Rule. Amend s.
Tax 11.84 (1), to add that a credit is permitted against the Wisconsin use tax paid to another state where the aircraft was purchased.
• Exemption for Aircraft Parts, Maintenance, and Labor. Reflect
2013 Wisconsin Act 185, which repeals and recreates the exemption in s.
77.54 (5) (a), Stats., and amends s.
77.52 (2) (a) 10., Stats. These provisions exempt the sale of aircraft parts, as well as the services performed to aircraft. This requires updates to s.
Tax 11.84.
b. Bad Debts — Private Label Credit Card Companies. Reflect 2013 Wisconsin Act 229, which allows sales tax return adjustments for bad debts incurred by private label credit card companies and dual purpose credit card companies. This requires an update to s. Tax 11.30 (2).
c. Clarify Rule. Amend s.
Tax 11.11 (3), to clarify that the list of facilities is not an all-inclusive list but only types of municipal waste facilities recognized by the department.
d. Common Motor Carriers.
• Reflect
2013 Wisconsin Act 364, which amends the definition of "common motor carrier" in s.
194.01 (1), Stats. For purposes of the sales and use tax exemption in sec. 77.54 (5) (b), Stats., “common carrier" has the same meaning as s.
194.01 (1), Stats. This requires updates to s.
Tax 11.16.
• Clarify Rule. Amend s.
Tax 11.16 (1) (b), to include “cell phones," “tracking devices," “GPS units," and “on board recorders" to the list of items in the rule to make it clear that these items qualify as exempt accessories and attachments if they are assigned to and carried on vehicles used exclusively as common and contract carriers.
e. Construction Contractors.
• Clarify Rule. Amend the example following s.
Tax 11.68 (3) (b), to remove “hot" from “hot water heater" in the example.
• Clarify Rule. Amend s.
Tax 11.68 (6) (d), to include “underground wiring" to the list of items in the rule to make it clear that the underground wiring becomes part of the realty.
• Clarify Rule. Amend s.
Tax 11.68 (7) (a) 2, by removing “satellite dishes" from items listed. Create additional item number to be inserted in between s.
Tax 11.68 (7) (a) 6. &
7. that clarifies tax treatment for both satellite dishes mounted to concrete foundation and the compact roof mounted satellite dishes that are installed in a residence or a business. Renumber remaining items accordingly.
• Clarify Rule. Amend s.
Tax 11.68 (11) (c), to clarify that the items listed only retain their character as tangible personal property for repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance.
f. Correct Error. Amend s.
Tax 11.945 (2) (intro.), to remove "telecommunications message services" from the list, since "telecommunications message services" are sourced under the general sourcing hierarchy.
g. Fertilizer Blending, Feed Milling, and Grain Drying Machinery and Equipment. Reflect
2013 Wisconsin Act 324, which creates exemptions in s.
77.54 (6) (am) 4. and
5., Stats., for equipment used in a fertilizer blending, feed milling, or grain drying operation and building materials used in constructing or repairing certain holding structures used in a fertilizer blending, feed milling, or grain drying operation. This requires the creation of s.
Tax 11.68 (4) (h). It will also be useful to (1) create a new section to explain the exemption, and (2) add examples to s.
Tax 11.68 (6) and
(7).
h. Grocers' Guidelist.
• Clarify Rule. Amend s.
Tax 11.51 (2) (a), to include potato chips that are chocolate covered in the taxable list, unless they contain flour.
• Clarify Rule. Amend s.
Tax 11.51 (2) (b), to clarify “chips, potato, corn and similar items" and “potato chips" are exempt unless they are chocolate covered and do not contain flour as provided in par. (a).
• Clarify Rule. Amend s.
Tax 11.51 (2) (b), to clarify “ice cream in cones" is exempt only when prepackaged by someone other than the retailer.
j. Radio and Television Broadcasting Equipment. Reflect
2013 Wisconsin Act 346, which creates an exemption in s.
77.54 (23n), Stats., for property used by certain commercial radio and television stations. This requires an update to s.
Tax 11.63.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies are as set forth in ch.
Tax 11. New policy is being proposed to reflect the law changes described above. If the rules are not changed, they will not correctly and clearly reflect current law or current department policy.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
77.65 (3), Stats., provides “t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
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 it will take approximately 100 hours to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Purchasers and sellers of the products described above.
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 is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
9. Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
The scope statement was approved by the Governor on July 23, 2014.
Rule No.
Relating to
Requirements for entrance to examinations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to bring pertinent Wisconsin Administrative Code in line with recently passed legislation,
2013 Wisconsin Act 114.
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
Prior to
2013 Wisconsin Act 114, architects, landscape architects, professional engineers, and land surveyors required a combination of experience and post-secondary education before taking the corresponding professional exam for either a license or a permit.
2013 Wisconsin Act 114 ushered in a change requiring the Department of Safety and Professional Services and its attached boards to refrain from making a person complete any postsecondary education before being eligible to take an examination for a credential. The proposed rule will reflect that change in policy by amending Wis. Admin. Code chs.
A-E 3,
4,
6, and
9 and allowing applicants for an architect, landscape architect, professional engineer, or land surveyor credential to take the exam for licensure or permit before completing their postsecondary education.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which is pertains. . ." The proposed rule seeks to provide guidance to applicants regarding examination requirements for the Architect, landscape architect, professional engineer, and land surveyor professions.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting provisions of statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . . ." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
The proposed rule interprets s.
443.09 (4m), Stats., which provides, “[n]o person may be registered as a landscape architect under this chapter unless he or she passes a written examination or written and oral examinations conducted or approved by the landscape architect section of the examining board under sub. (5)."
The proposed rule also interprets s.
443.06 (1) (a), Stats., which provides, “. . .[t]he land surveyor section may require applicants to pass written or oral examinations or both." The proposed rule will set forth the examination requirements for applicants for land surveyor credentials.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Persons who will be affected by the rule include applicants for architect, landscape architect professional engineer, and land surveyor credentials.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant impact on small businesses.
Contact Person
Shawn Leatherwood
608-261-4438
Safety and Professional Services —
Chiropractic Examining Board
The scope statement was approved by the Governor on July 16, 2014.
Rule No.
Relating to
Duty to inform patients of treatment options.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will bring current Wisconsin Administrative Code into compliance with new legislation,
2013 Wisconsin Act 345.
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
2013 Wisconsin Act 345, changed the manner in which chiropractors discuss treatment options and obtain informed consent from their patients. Under current case law, chiropractors have a duty to inform patients of reasonable alternative modes of treatment and their risks and benefits in such a manner that a reasonable patient would be able to make an intelligent choice with regard to treatment. Chiropractors are also required to document a patient's informed consent in their patient's record pursuant to Wis. Admin. Code s.
Chir 11.02 (5).
2013 Wisconsin Act 345 created Wis. Stats. s.
446.08. This new statute codifies the chiropractor's duty to inform their patients of reasonable alternate modes of treatment and the benefits and risks of treatment. The Act also institutes the reasonable chiropractor standard, instead of the reasonable patient standard, as the standard for informing patients regarding their treatment options. The reasonable chiropractor standard requires disclosure only of information that a reasonable chiropractor would know and disclose under the circumstances. The proposed rule will incorporate the new standard into the current rules governing chiropractic practice and make any additional changes that would make the rules consistent with the statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, such as the Chiropractic Examining Board, “shall promulgate rules for its own guidance and for guidance of the trade or profession to which it pertains. . ." The proposed rule will provide guidance within the profession as to how chiropractors are to inform patients of their treatment options.
Section
227.11 (2) (a), Stats., states that an agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by an agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." The proposed rule will interpret s.
446.02 (7d) (a),
(b), and
(c) as it relates to a chiropractor's duty to inform patients of treatment options.
Section
446.02 (7d) (a),
(b), and
(c), Stats., provides that chiropractors shall determine whether a patient has a condition that is treatable by the practice of chiropractic. If the patient does not have a condition that is treatable by chiropractic the chiropractor shall discontinue the practice of chiropractic on a patient, except that the chiropractor may provide maintenance, support and wellness care to a patient. Chiropractors that discontinue practice of chiropractic on a patient must inform the patient of the reason for discontinuing the practice of chiropractic.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 60 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will impact licensed chiropractors and their patients.
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
None.
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 is not likely to have a significant economic impact on small businesses.
9. Contact Person
Shawn Leatherwood
608-261-4438
Safety and Professional Services —
Cosmetology Examining Board
The scope statement was approved by the Governor on July 23, 2014.
Rule No.
Relating to
Cosmetology schooling, licensure, and practice requirements.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
This rulemaking project expects to include a comprehensive update of all rules in these chapters to make them consistent with contemporary industry, regulatory, and academic practices. It is also intended to bring these rules into compliance with recently enacted legislation including
2011 Wisconsin Act 190,
2013 Wisconsin Act 205, and
2013 Wisconsin Act 356.
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
Chapters
Cos 1 to
11 currently contain all of the rules of the Cosmetology Examining Board relating to cosmetology. These rules address the practice of cosmetology, cosmetology establishments and inspection of them, sanitation and safety, courses of instruction, apprenticeship procedures and standards, examinations and licensure, license renewals and reinstatements, continuing education, and forfeitures.
The most recent broad-based update of some of these rules occurred over six years ago, and some of these rules have not been updated for over 20 years. The updates included in this rulemaking expect to be similar to and consistent with updates that the Department of Safety and Professional Services recently promulgated for barbering in response to
2011 Act 190.
The alternatives of either partially updating or not updating these rules would be less beneficial to the entities affected by these rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes authorizes the Board to promulgate rules interpreting any statute that is enforced or administered by the Board, if the rule is considered necessary to effectuate the purpose of the statute.
Section
440.62 (5) (b) 1. of the Statutes requires the Board to establish the minimum curriculum for cosmetology schools and the minimum standards for instruction, materials, and equipment at cosmetology schools.
Section
454.06 (8m) (d) of the Statutes requires the Board to establish, by rule, the limits of minimal cosmetology work, for inactive licensees. Section
454.08 (1) (a), Stats., authorizes the Board to promulgate rules for providing cosmetology services outside of a licensed cosmetology establishment. Sections
454.08 (3) and
(4), Stats., authorize the Board to establish, by rule, requirements for licensing cosmetology establishments; and require the Board to establish, by rule, minimum health and safety standards for such establishments, respectively. Section
454.10 (3) (b), Stats., requires the Board to prescribe, by rule, the practical training and schooling that a cosmetology apprentice must receive. Section
454.12 (2), Stats., authorizes the Board to promulgate rules imposing continuing-education requirements on licensees if the requirements are necessary to preserve public health, safety or welfare.
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 200 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. The agency will utilize existing staff. 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
Cosmetologists, cosmetology managers, cosmetology establishments, cosmetology apprentices, cosmetology schools and instructors, and continuing education-providers for the cosmetology profession.
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 federal government does not regulate the cosmetology profession in the states. However, it does have regulations applicable to apprenticeships in all trades and professions registered with the United States Department of Labor. Those regulations are generally administered through state laws governing apprenticeship programs in a particular state. In Wisconsin, the Department of Workforce Development is charged with that responsibility.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
9. Contact Person
Shawn Leatherwood, at Shancethea.Leatherwood@ wisconsin.gov; or at telephone (608) 261-4438 or 711 (Telecommunications Relay); or at 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366.
Safety and Professional Services —
Dentistry Examining Board
The scope statement was approved by the governor on July 28, 2014.
Rule No.
Relating to
Regulation of mobile dentistry programs.
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 implement
2013 Act 244 by doing the following:
• Create a definition of “mobile dentistry program";
• Define the activities that constitute the operation of a mobile dentistry program for purposes of the registration requirement;
• Requirements for obtaining a registration;
• Requirements for patient access to dental records; and
• Standards of conduct for the operation of a mobile dentistry program, the provision of dental services through a mobile dentistry program and the use of portable dental equipment.
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
Under
2013 Act 244, no person may own or operate a mobile dentistry program in Wisconsin unless the person is registered. The Dentistry Examining Board was given specific authority to promulgate rules to regulate mobile dentistry programs as outline in the above objective of the proposed rule.
The alternative to promulgation of rules would be to create confusion as to the definition of a mobile dentistry program, the activities the program may perform, the process for obtaining registration and the standards of conduct which must be followed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
447.02(2), Stats. The examining board shall promulgate rules specifying all of the following:
(f) A requirement that a mobile dentistry program registrant establish procedures for a patient treated in the mobile dentistry program to access his or her patient records.
(g) Standards of conduct for the operation of a mobile dentistry program in this state, the provision of dental services through a mobile dentistry program, and the use of portable dental equipment.
(h) A definition of “mobile dentistry program" and the activities that constitute the operation of mobile dentistry program for purposes of the registration requirement under s.
447.058.
Section
447.058 (2) (a), Stats. The examining board may grant a registration under this section to a person who does all of the following:
3. Satisfies any other requirements established by the examining board by rule.
Section
15.08 (5) (b), Stats. 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
The owners, operators and employees of mobile dentistry programs and their patients will be affected by the proposed rule.
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
None
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
9. Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Medical Examining Board
The scope statement was approved by the Governor on July 28, 2014.
Rule No.
Chapters
Med 3 and
5 (revise).
Relating to
Physician licensure.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 240 has a delayed effective date of April 1, 2015. Emergency rules are needed to ensure that the proposed rules will be in effect by the April 1, 2015 date. Furthermore, the Legislature by Section
39 of
2013 Wisconsin Act 240 provides an exemption from a finding of emergency in promulgating the proposed rules.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code chs.
Med 3 and
5 in line with recent legislation, specifically
2013 Wisconsin Act 240.
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 passage of
2013 Wisconsin Act 240 had a major impact on physician licensure in Wisconsin. The legislation changed current rules regarding eligibility for a regular license, licensure for graduates of foreign medical schools, temporary educational permits, and temporary license for visiting professors. Currently, applicants for any class of license to practice medicine and surgery must provide evidence to the Medical Examining Board (Board) that he or she is a graduate of a medical or osteopathic college approved by the Board and has completed 12 months of postgraduate training in a facility approved by the Board. Act 240 now requires applicants for a regular license to successfully complete 24 months of postgraduate training or the applicant must be currently enrolled in a post-graduate training program and have successfully completed12 months of post graduate training and receive an unrestricted endorsement from the postgraduate training program director that the applicant is expected to complete at least 24 months of postgraduate training.
2013 Wisconsin Act 240 also requires graduates of a foreign medical school applying for a regular license to practice medicine and surgery, be a graduate of a foreign medical college credentialed by an agency approved by the Board, obtain certification by the Educational Council for Foreign Medical Graduates, or a successor organization, pass all the steps of the United States Medical Licensing Examination (USMLE), and successfully complete 24 months of postgraduate training. If the foreign medical school graduate has not completed 24 months of postgraduate training, he or she may successfully complete 12 months of postgraduate training and receive an unrestricted endorsement from the postgraduate training program director that the applicant is expected to complete at least 24 months of postgraduate training.
The former temporary license for visiting professor has been recreated as the new restricted license to practice as a visiting physician. The visiting professor license was restricted to foreign medical school graduates who were invited to serve on the academic staff of a medical school. The visiting physician license is open to any physician outside of Wisconsin. The holder of the license must limit his or her practice of medicine to the medical education facility, research facility, or college where the holder is teaching, performing research, or practicing. The former temporary educational permit has been transformed into the new resident educational license. Unlike the temporary educational permit, the resident educational license grants an educational license to residents upon entry into their first year of post-graduate training and restricts the license holder to the practice of medicine and surgery only within the scope his or her duties under their postgraduate training program.
Lastly, the legislation has created a new licensure class, the administrative physician license. The administrative physician licensee must meet the same licensure requirements as a regular license holder to practice medicine and surgery. However, the administrative physician licensee may not engage in the practice of medicine except as authorized by s.
448.03 (2), Stats.
As a result of the changes instituted by Act 240, the Medical Examining Board is promulgating the proposed rule to amend
chs.
Med 3 and
5 and to create additional chapters as necessary.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . ." The proposed rule seeks to provide guidance on future licensure classes and licensure examination requirements.
Section
227.11 (2) (a), Stats., discusses the parameters of and agency's rule-making authority, stating an agency, “may promulgate rule interpreting provisions of statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation 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
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Persons who will be affected by the proposed rule include applicants for licensure as a physician.
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
None.
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 is not likely to have a significant impact on small businesses.
9. Contact Person
Shawn Leatherwood, Shancethea.Leatherwood@ wisconsin.gov, 608-261-4438.
Safety and Professional Services —
Real Estate Examining Board
The scope statement was approved by the governor on July 23, 2014.
Rule No.
Relating to
Revocation due to being convicted of a felony that is a bar to licensure or registration.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 288 includes as a basis for revocation, a credential holder who has been convicted of a felony that is a bar to licensure or registration. The objective of the proposed rule is to add this to the Board's conduct and ethical practices which define conduct which may result in board discipline.
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
2013 Wisconsin Act 288 creates as a basis for revocation, a credential holder who has been convicted of a felony that is a bar to licensure or registration. The proposed policy is to add this to the Board's rules defining conduct which may result in discipline.
The alternative is for this basis for revocation not be included in the conduct and ethical practices chapter of the Board's rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected By The Proposed Rule
Real estate salespersons and brokers.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal economic impact. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Veterinary Examining Board
The scope statement was approved by the Governor on July 28, 2014.
Rule No.
Chapters
VE 2,
3, and
8 (revise).
Relating to
Entrance to examinations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
None.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to bring pertinent Wisconsin Administrative Code in line with recently passed legislation,
2013 Wisconsin Act 114.
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
2013 Wisconsin Act 114 mandated that the Department of Safety and Professional Services and its attached boards may no longer require initial applicants complete their postsecondary education before being eligible to take an examination for a credential. The proposed rule will reflect that change in policy by amending Wis. Admin. Code chs.
VE 2,
3, and
8. The proposed rule will allow applicants for licensure as a veterinarian or certification as a veterinary technician to take the credentialing exam before completing any postsecondary education.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which is pertains. . ." The proposed rule seeks to provide guidance to applicants regarding examination requirements for veterinarians and veterinarian technicians.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute, enforced or administered by the agency, . . . but a rule is not valid if it exceeds the bounds of correct interpretation." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
453.03, Stats., . . . “The examining board may promulgate rules relating to licensure qualifications, denial of a license, certificate or temporary permit, unprofessional conduct and disciplinary proceedings."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected By The Proposed Rule
Persons who will be affected by the proposed rule include applicants for veterinary licensure and applicants for veterinary technician certificates.
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
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant impact on small businesses.
9. Contact Person
Shawn Leatherwood, Shancethea.Leatherwood@ wisconsin.gov, 608-261-4438.
