Scope statements
Commerce
Subject
Chapter
Comm 2, relating to boiler program fees.
Objective of the rule. To adjust the boiler program fees so that the revenues collected will cover the department's administration and enforcement costs, and private contractor's costs for inspections conducted on behalf of the department.
Policy analysis
Section
101.19, Stats., requires the department to fix and collect fees by rule which shall, as closely as possible, equal the cost of providing services such as plan examination, inspections, and certification of inspectors. The Department's fees for the boiler program inspection services are contained in chapter Comm 2. The last revision to these fees was initiated in 1999 and went into effect in 2000. At that time, the boiler inspection fees were set at levels that did not cover the cost of providing the inspection services. Fees for permits to operate were set at levels that would allow underwriting of the boiler inspection services provided by the department. This underwriting discourages private contractors from providing the inspections because by contract they cannot charge more than the artificially low inspection fees charged by the department.
This code project will analyze lowering the permit to operate fees and increasing the inspection fees so that both the department's costs and private contractor's costs are covered.
The alternative of not adjusting the boiler program fees will result in the loss of private contractors performing boiler inspections because they cannot recover their actual costs of providing the inspections.
Entities affected by the rule
The rule will affect any entity that owns an object that receives an inspection and a permit to operate under the boiler program. The rule will also affect a private contractor that currently provides, or that proposes to provide, boiler program inspections.
Comparison with federal requirements
There is no existing or proposed federal regulation that addresses the activities to be regulated by the rule.
Statutory authority
Staff time required
The department estimates that it will take approximately 100 hours to develop this rule. This time includes research and analysis in preparing a fiscal estimate, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Amendment of rules of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to reflect the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists (“substance abuse professionals") from the Department of Health and Family Services to the Department of Regulation and Licensing. The amendment will change cross references to Wis. Admin. Code ch 75 regarding certification of substance abuse professionals to certification by the Department.
Policy analysis
The amendment of administrative rules of the MPSW Board relating to certification as substance abuse professionals is necessary to implement newly created Subchapter VII of chapter 440 of the Wisconsin Statutes pursuant to
2005 Wisconsin Act 25 §§ 2337am.
Statutory authority
Comparison with federal requirements
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities affected by the rule
County community substance abuse prevention and treatment services programs, clinics, hospitals and other providers of alcohol and other drug abuse counseling.
Staff time required
Total hours: 25.
Natural Resources
Subject
Regulation of student fees for hunter education.
Objective of the rule. Instructors would be allowed to charge students a fee and to keep up to 50% (or up to $5) of that fee to offset expenses. The remainder of the fee (at least $5) is to be returned to the department. The department is now required to develop administrative code before the fee can be implemented. Meanwhile, the funding to reimburse instructors has been eliminated. This is a time sensitive issue, as we have many classes going on currently.
Policy analysis
This rule will create a fee of $10 for all of the hunter education courses. It also requires instructors to return any part of the fee not used for expenses in providing the courses.
Comparison with federal requirements
None
Statutory authority
Language in the recent Budget Bill changed the statutes requiring the Department to promulgate a rule establishing a fee. The new statutory language is listed below.
29.591 (3) Instruction fee. The department
shall promulgate a rule establishing a fee for the course of instruction under the hunter education program and the bow hunter education program. If the department offers an advanced hunter education course or an advanced bow hunter education course, the rule may authorize the department to charge an additional fee for those courses. The instructor conducting a course under this subsection shall collect the instruction fee from each person who receives instruction. The instructor may retain up to $5 for each person who receives instruction from that instructor for allowable costs of instruction, as determined by the department. The instructor shall remit the remainder of the fee, or if nothing is retained, the entire fee, to the department.
Staff time required
This rule requires immediate attention to address the matter of instructor expenses to provide the basic hunter and bowhunter education courses.
Authorization to proceed to public hearing is also requested for the permanent rule.
Natural Resources
Subject
Chapter
NR 108, relating to plan submittal requirements for sewerage systems and water supply systems.
Objective of the rule. The Bureaus of Watershed and Drinking Water and Groundwater both have plan review programs for sewerage and water supply systems per s.
281.41, Statutes. The Records Retention/Disposition Authorizations (RDAs) for both programs classify plan review files as permanent records. These records are of use and are made available to Department staff and to the general public.
In the past, plan review files have been stored in microfiche format but an investigation has now been initiated to assess converting to electronic file storage. In conjunction with this effort it is desirable to investigate possible NR 108 revisions that would give the Department the discretion to require plan submittals in an electronic format or other media or format.
Groups affected would primarily be municipal entities and consulting firms. Plan submittals may also come from private entities that own sewerage or water systems. The Department intends to survey municipalities and consulting firms with regard to their preferences, costs and capabilities with regard to providing electronic plan submittals.
Policy analysis
The policy change to be evaluated is changing from microfiche to electronic records. The Bureaus believe it may be cost-effective to make this change and that electronic records would provide benefits in terms of records accessibility and possible integration with computer databases or web-based systems.
Comparison with federal requirements
Proposal conforms with federal regulations.
Statutory authority
