Scope statements
Agriculture, Trade and Consumer Protection
Subject
Agricultural marketing orders, marketing agreements and marketing boards.
Administrative Code Reference: Chapter
ATCP 140, Wis. Adm. Code. This rule may also include changes to the individual marketing orders found at chs.
ATCP 141,
142,
143,
144,
145,
147,
148 and
149, Wis. Adm. Code.
Objective of the rule. This rule will make changes to ATCP 140, the general provisions on marketing orders and marketing boards, and to the specific commodity marketing orders (ATCP 141 to 149) to update the rules to promote orderly and efficient marketing of agricultural commodities. The changes will allow the rules to be consistent with current business practices of the marketing boards and the commodity producers they serve. Any change to a marketing order must be approved at referendum by the affected producers and adopted through the administrative rulemaking process.
Statutory authority
Policy analysis
Chapter
ATCP 140 and the individual marketing orders (ATCP 141 to 149) are the regulations governing marketing order board organizations and functions, including procedures for the collection of assessments from agricultural commodity producers in Wisconsin.
Comparison with federal regulations
There are federal marketing order programs for some, but not all, of the commodities for which there are state marketing order programs in Wisconsin. The federal marketing order programs serve to promote orderly and efficient marketing of commodities produced in the United States. The state and federal programs are complementary and for several commodities the programs of the states work in close coordination with the federal program. The Department is not aware of any proposals pending to alter the federal commodity marketing programs.
All Entities Affected by the Rule
This rule will affect all producers of agricultural commodities (cherries, cranberries, corn, milk, soybeans, mint, ginseng and potatoes) produced in Wisconsin.
Policy Alternatives
If DATCP takes no action, current rules will remain in effect. Current rules require the marketing boards to operate under regulations that may inhibit the efficiency and effectiveness of commodity marketing program administration.
Statutory Alternatives
None at this time.
Staff time required
DATCP estimates that it will use approximately .5 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected marketing order boards. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Health and Family Services
Subject
The Department of Health and Family Services proposes to create ch.
HFS 43, relating to standards for training required for staff and supervisors involved in the access, initial assessment, and ongoing services delivered to children and families in child abuse and neglect cases.
Policy analysis
Section
48.981 (8) (d), Stats., requires the Department to make available training programs that allow child protective services staff and supervisors to successfully complete training in child abuse and neglect protective services and on recognizing and appropriately responding to domestic abuse. The Department is further directed to promulgate rules that allow it to monitor compliance with training standards. Training is available to child welfare staff through the Wisconsin Child Welfare Training Partnerships and other resources. Rules to monitor compliance have not been promulgated.
During the Child and Family Services Review (CFSR) of the Wisconsin child welfare system conducted by the federal Administration for Children and Families (ACF), a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families, federal reviewers identified the lack of mandated initial (pre-service) and ongoing training of child protective services staff working in the state's child welfare system as being a key concern. In response to the findings, the Department developed a Program Enhancement Plan (PEP), which was approved by ACF. In the Program Enhancement Plan, the Department agreed to set minimum training standards by administrative rule. There are no federal regulations mandating pre-service or ongoing training of child protective services staff.
Under proposed ch.
HFS 43, the Department intends to establish statewide minimum standards for pre-service training, ongoing training, and supervisory training of child protective services staff. The training targets caseworkers who perform access and initial assessment services and provide ongoing services to children and families in child abuse and neglect cases. In addition, proposed ch.
HFS 43 creates a monitoring process that allows the Department to review and approve training plans submitted by child welfare agencies and monitor compliance by individual staff. The proposed creation of ch.
HFS 43 will not have an affect on the Memorandum of Understanding between the Department and the Department of Corrections that allows the intake training required under s.
48.06 (1), Stats., for intake workers to be provided by the Department of Correction and the Wisconsin Juvenile Court Intake Association under ch.
DOC 399.
Members of the general public that will be affected by the rule are children and families.
Statutory authority
Staff time required
It is anticipated that approximately 40 to 50 hours of staff time will be required for the development, drafting, review, and editing of the proposed rule. In addition, members of the Training Committee that was established as part of the Program Enhancement Plan (PEP) spent time developing the parameters of the rule.
Comparison with federal regulations
There is not a specific requirement in federal law that mandates pre-service or ongoing training of child protective services staff. Authority for the Child and Family Services Review is located at
45 CFR Part 1355.
All Entities Affected by the Rule
The rule will have a direct impact on the Department, including the Bureau of Milwaukee Child Welfare (BMCW), county human and social services agencies, licensed child welfare agencies under contract with the Department or a county department to perform the same public child protective services functions, and the University of Wisconsin Child Welfare Training Partnerships.
Kickapoo Reserve Management Board
Subject
Objective of the rule. The objective of the rule is to amend s.
KB 1.09 (8) to coincide to posted camping limits and s.
KB 1.10 (1) to eliminate exceptions for the payment of user fees at the Kickapoo Valley Reserve (Reserve).
Policy analysis
Existing Policy: S.
KB 1.09 (8) - Limits campsites to 6 persons.
Section KB1.10 (1) - Currently visitors who are hiking/walking, biking, horseback riding or camping are required to pay a fee for visiting the Kickapoo Valley Reserve. Those who are parked on the Reserve to go canoeing, hunting, fishing or snowmobiling are not required to pay the fee.
New Policy: In recent years, Reserve staff has worked with the Department of Health and Family Services to designate and post capacity limits within the Reserve. Capacity limits vary depending on size of the designated area and therefore the rule of “6 persons" is no longer appropriate. Referencing the “posted capacity limits" make the rule more accurate.
The Kickapoo Reserve Management Board (Board) proposes a new policy that is consistent for all users and eliminates the exceptions for certain user groups who visit the Kickapoo Valley Reserve.
Fee amounts are established annually by the Board. Current amounts are: $4/person per day or $15 annually; $10/night camping. All revenues received through fees are used to maintain and improve the Reserve.
Policy Alternative
Continue operations under existing policy.
Statutory Authority
Staff Time Required
Approximately 16 hours of staff time to develop the rule.
All Entities Affected by the Rule
Visitors to the Reserve who are parking within the Reserve for canoeing, hunting, fishing or snowmobiling would be affected. The fees would not be new for visitors who hike, bike, ride horses or camp within the Reserve, but they would likely be pleased to see the users of the Reserve treated equally.
Comparison with Federal Regulations
There are no proposed or existing federal regulations that address the activities contemplated by this proposed rule.
