Scope statements
Elections Board
Subject
Amend the rules of the Elections Board, to add a provision, s. ElBd 7.04, that will require the security, review and verification of software components used with each electronic voting system approved by the board for use in Wisconsin.
Policy Analysis
Objective of the rule. Per
2005 Wisconsin Act 92, the Elections Board must “promulgate rules to ensure the security, review and verification of software components used with each voting system approved by the board. The verification procedures shall include a determination that the software components correspond to the instructions actually used by the system to count votes."
2005 Wisconsin Act 92 defines software components as including “vote-counting source code, table structures, modules, program narratives and other human-readable computer instructions used to count votes with an electronic voting system."
Under s.
5.84, Stats., “Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures." The testing process for electronic voting systems has been heightened by
2005 Wisconsin Act 92, under which the Elections Board is required to ensure the security and verification of the software components by a review process. The verification procedures shall include a determination that the software components correspond to the instructions actually used by the system to count votes.
Statutory authority
Staff time required
At least 80 hours of state employees' time.
Entities affected by the rule
Wisconsin municipalities that use an electronic voting system will be required to perform the security compliance procedures required by the rule. The State Elections Board will be required to perform the verification review required by the rule.
Comparison with federal regulations
No federal regulation addresses the activities to be regulated by the rule, but the U.S. Election Assistance Commission is developing guidelines regarding the verification and security of software components used with each electronic voting system. The guidelines are not mandatory, however.
Emergency Management
Subject
The Wisconsin Department of Military Affairs, through its Division of Emergency Management, proposes to create ch.
WEM 7, relating to the application process and criteria for determining eligibility for payments to local units of government for damages and costs incurred for major catastrophes.
Policy Analysis
The objective of this rule is to reduce the financial burden on local units of government for damages suffered and eligible costs incurred as the direct result of a major natural disaster. The intent of the rule is to make payments to local units of government for specific costs related to emergency response and recovery efforts that cannot be insured or that are impossible to predict based on the unique nature of the disaster response. These costs include debris removal, emergency protective measures taken to eliminate or reduce immediate threats to life, public health or safety or damages to roads or bridges.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of the policy alternatives
2005 Wisconsin Act 269 created section
166.03 (2) (b) 9., Stats. that gives the Department of Military Affairs, through its Division of Emergency Management, the authority to establish an application process and eligibility criteria for payments to local units of government for damages and costs incurred for major catastrophes.
The alternatives to the proposed rule would result in not establishing a mechanism or eligibility criteria for payment to local units of government as provided under recently passed legislation.
Comparison with federal regulations
The federal Public Assistance Program (
44 CFR part 206, Subparts G and H), made available in a Presidential Disaster Declaration, and the major disaster assistance program as provided for in WEM 7 are similar. Both programs provide grants to local governments that have sustained damages or incurred costs as a result of a major disaster. Each also has a cost share provision; the federal public assistance program is 75% federal with the remaining 25% split between the state and local applicant while the state program cost share is 70/30, state/local. The eligibility criteria for the state program resemble those of the federal program, specifically as they pertain to debris clearance, emergency protective measures and damage to road systems. The administrative and management processes for the state program will be patterned after those of the federal public assistance program and will be documented in a State Administrative Plan. For both programs the actual amount paid to an applicant is determined by the applicant's ability to submit appropriate documentation justifying the claimed costs.
Statutory authority
Staff time required
The Department anticipates spending approximately 180 hours in the rule-development process.
Entities affected by the rule
This rule will affect local units of government.
Emergency Management
Subject
The Wisconsin Department of Military Affairs, through its Division of Emergency Management, proposes to create ch.
WEM 8, relating to the establishment of standards for the adoption of the Mutual Aid Box Alarm System, also know as MABAS, that may be used for the systematic deployment of fire, rescue and emergency medical services personnel and equipment in a multi-jurisdictional or multi-agency emergency response.
Policy Analysis
The objective of this rule is to establish standards to adopt the MABAS deployment mechanism to efficiently coordinate the provision of fire, rescue and emergency medical services mutual aid during multi-jurisdictional or multi-agency emergency response to crises, natural disasters and manmade catastrophes. When an emergency response exhausts local resources, the utilization of the Mutual Aid Box Alarm System will efficiently provide additional emergency response personnel and equipment to assist stricken communities and regions. The coordination and effective deployment of emergency response personnel and specialized response equipment at multi-agency and multi-jurisdictional emergency responses will serve to better protect the citizens and environment of the State as well as enhance intergovernmental cooperation.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of the policy alternatives
2005 Wisconsin Act 257 amended section
166.03 (2) (a) 3., Stats. to give the Department of Military Affairs, through its Division of Emergency Management, the authority to establish standards for the adoption of the Mutual Aid Box Alarm System for utilization by fire, rescue and emergency medical services responders. This legislation also mandates that these standards be promulgated as administrative rules.
The alternative to the proposed rule would result in not establishing standards for the adoption of a proven mechanism for the systematic deployment of emergency response personnel and equipment at a multi-agency or multi-jurisdictional emergency response as provided under recently passed legislation.
Comparison with federal regulations
The Department is unaware of any proposed or existing federal regulation that is covered by this proposed rule.
Statutory authority
Staff time required
The Department anticipates spending approximately 150 hours in the rule-development process.
Entities affected by the rule
This rule will affect local units of government.
Natural Resources
Subject
Objective of the rule. Creation of appendix EEEEE in ch.
NR 460 and subchapter III in ch.
NR 463 to incorporate national emission standards for hazardous air pollutants (NESHAP) for iron and steel foundries. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy Analysis
There are no policy issues to be resolved. The US Environmental Protection Agency promulgated the NESHAP for iron and steel foundries on April 22, 2004 (69 FR 21906) and amended this NESHAP on May 20, 2005 (70 FR 29400). The NESHAP establishes maximum achievable control technology (MACT) requirements for iron and steel foundries. This action incorporates the foundry NESHAP into the Wisconsin Administrative Code.
Section
285.27 (2), Stats., requires the Department to promulgate NESHAP by rule. In addition, since this NESHAP affects more than ten facilities in Wisconsin, promulgation into state rule is consistent with the MACT Streamlining Policy approved by the Natural Resources Board in 1996.
Statutory authority
Staff time required
