Scope statements
Health and Family Services
Subject
The Department proposes to repeal and recreate ch.
HFS 53, relating to disclosure of medical, genetic, social history, or identifying information concerning birth parents, adoptees, and individuals who were not adopted but whose parents' parental rights were terminated.
Policy Analysis
The Adoption Search Program operated under ss.
48.432 and
48.433, Stats., by the Department, makes available requesters qualified under s.
48.432 (3), Stats., medical, genetic, social history, or identifying information concerning birth parents, adoptees, and individuals who were not adopted but whose parents' parental rights were terminated. The Department, the county agency, or the licensed child-placing agency that handled the adoption is responsible for conducting searches for the requested information.
The Department proposes to update the standards of operation for the Adoption Search Program that is operated by the Department under ch.
HFS 53 and ss.
48.432 and
48.433, Stats. The Adoption Search Program allows medical, genetic, social history, or identifying information concerning birth parents to be made available to requesters qualified under s.
48.432 (3), Stats. The Department anticipates that updating ch.
HFS 53 will result in improved service delivery and coordination between the Department, county agencies, and licensed child-placing agencies that conduct searches for information under the Adoption Search Program.
Comparison to federal regulations
The Department is unable to identify any comparable federal regulations at this time.
Entities affected by the rule
Entities that may be affected by the proposed rules include licensed child welfare agencies.
Statutory authority
Staff time required
The Department estimates that it will take approximately 32 staff hours to promulgate proposed rules.
Natural Resources
Subject
Chapter
NR 46.30, Forest Tax Program, annual timber stumpage rate changes and chapter NR 46.18 (1) (a) management plan maps.
Policy Analysis
The issues needing to be addressed are routine and technical within the Managed Forest Law (MFL) program.
The department is required to assess the value of cut wood products based on the current stumpage value schedule. Current stumpage values are determined each year by surveying industry, private forestry consultants and DNR field staff on the prices obtained the previous year for wood products by species, product type, and zone. These values are recalculated annually using a weighted three-year average and published in NR 46.30. The stumpage value charts are used to determine severance and yield tax for participants in the Forest Tax Law programs. It is important to adjust these values annually so that landowners are not paying too much in yield/severance tax or too little.
Comparison to federal regulations
There are no known federal rules which apply to stumpage rates.
Statutory authority
Staff time required
Approximately 31 hours will be needed by the department.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 510, relating to the Transportation Facilities Economic Assistance and Development (TEA) Program. The objective of the rule making is to incorporate legislative changes to the program, update dated references in the existing rule, and remove an inconsistent provision that could hinder the availability of grant increases where warranted. The existing rule establishes criteria and procedures for grant applications/awards for transportation facilities improvements (TEA grants). Legislative changes require WisDOT to promulgate rules establishing criteria and procedures for the granting and repayment of TEA loans in addition to TEA grants. Legislative changes also require TEA grants to be funded year round under a first-come, first-serve premise rather than under set quarterly funding cycles previously employed. Due to WisDOT reorganization, contact points for TEA applications need to be updated. Finally, inconsistencies between s.
Trans 510.06 (1), which prohibits grant ceiling amendments, and s.
84.185 (3) (b) (1), Stats., and s.
Trans 510.02 (7), which both allow grant ceiling adjustments in special circumstances, need to be rectified.
Policy Analysis
WisDOT has the authority to grant TEA loans pursuant to s.
84.185 (6m), Stats. No TEA loans have been granted to date because ch.
Trans 510 contains no criteria and procedures for granting and repayment of TEA loans. Legislative changes now provide WisDOT with the authority to promulgate rules including criteria and procedures for the repayment of TEA loans.
See s.
84.185 (4), Stats. Some TEA projects produce low benefit/cost ratios, contribute minimally to the economic growth of the State, and therefore do not qualify for TEA grants. These are typically projects in more rural areas that pay a weighted average hourly wage far below the industry standard. Rather than deny TEA grants to these projects that are relatively important to smaller rural communities, a TEA loan could be an appropriate alternative. Since no TEA loans have yet been made, no new or old policies will be implicated by this portion of the proposed rule amendment.
TEA grant applications are currently decided first come, first serve once all eligibility requirements are met pursuant to recent legislative requirements instituted in the last biennial budget. Projects were formerly decided quarterly with funding stretched out over the year and projects priority ranked. Ch.
Trans 510 needs to be updated so that confusion over the old and new application process is eliminated. Although the old procedure was a more organized way of administering the program, particularly in coordinating and minimizing TEA-related travel, communities may now get TEA loans year round and under a far less competitive environment. TEA projects are more likely to be successful under the new procedure but perhaps at the expense of projects that occur later in the year when funding has been depleted. However, WisDOT has not yet experienced that potential problem. No new or old policies will be implicated by this portion of the proposed rule amendment.
The rule amendment also eliminates old WisDOT Bureau and Section references that no longer exist due to Department reorganization. No new or old policies will be implicated by updating the contact points for TEA applications and information.
Finally, s.
84.185 (3), Stats., and s.
Trans 510.02 (7) specifically allow TEA grant ceiling increases when warranted by special circumstances, including contract change orders. In contrast, Trans 510.06 (1) appears to prohibit grant ceiling adjustments after the Department has approved an application for funding. WisDOT has consistently allowed TEA grant increases where unforeseen circumstances (e.g., poor soils) have raised project costs legitimately, subject to statutory limitations (approval of the Secretary, $5,000 per job created/retained and 50% of anticipated cost of the improvement)
See s.
84.185 (3), Stats. Since that grant approval is generally made far in advance of actual construction, unforeseen circumstances (i.e., contract change orders) may not have been contemplated at the time the grant application was made. Denying grant increases when applicants experience legitimately unforeseen costs could unfairly stick communities entirely with project cost overruns. WisDOT's existing policy is fair, and the rule should be modified to remove possible ambiguity.
Comparison to federal regulations
Not applicable.
Entities affected by the rule
Wisconsin communities filing TEA grant or loan applications, engineering consulting firms.
Statutory authority
Staff time required
40 hours.
