Scope Statements
Commerce
Subject
The rules affect chs.
Comm 2,
5, and
34, relating to amusement rides.
Objective of the Rule
The objective of the rule is to update the Administrative Code chapter Comm 34, Amusement Rides, to reflect current industry safety practices, and to evaluate administrative, and enforcement aspects of the program and to make permanent any emergency rules related to amusement rides. This may be accomplished in more than one rule-making endeavor.
Policy Analysis
Chapter
Comm 34 establishes minimum standards and practices for the design, construction, installation, operation, inspection and maintenance of amusement rides. The code also specifically addresses bungee jumping operations and go-kart, dune buggy and all-terrain vehicle operations.
The alternative of not revising the code would result in rules not being up-to-date with current industry practices, therein, possibly exposing amusement riders to greater risks.
Statutory Authority
Entities Affected by the Rule
The rule will affect any entity, private or public, that owns and operates existing amusement rides. The rule will also affect any entity which proposes to design and install a new amusement ride.
Comparison with Federal Regulations
The US Consumer Product Safety Commission under the Consumer Product Safety Act has jurisdiction over portable amusement rides. The commission has not developed any specific standard for portable amusement rides. At times the commission has issued various safety bulletins regarding operation, repair, maintenance or set-up for specific rides.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 300 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with an advisory council, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Elections Board
Subject
The rules affect ch. ElBd 12, regarding the certification and training of municipal clerks
Objective of the Rule
Per
2005 Wisconsin Act 451, the Elections Board shall, “by rule, prescribe requirements for, and the content of, training required of municipal clerks under s.
7.15 (1m). The board may provide such training directly or arrange for such training to be provided by other organizations. The rules shall provide a method for notifying the relevant municipal governing body if a municipal clerk fails to attend required training."
Policy Analysis
With the many recent changes in election law, the legislature has determined that municipal clerks need to receive up-dated training in election law. To ensure that each clerk receives the required training, as the statute requires the Board to do, each clerk is required to be certified based on the training provided under the rule. The statute does not give the Board the option of considering alternatives.
Statutory Authority
Entities Affected by the Rule
All municipal clerks and the staff of the City of Milwaukee Board of Election Commissioners will be affected by the rule in that they are required to complete the training that is provided under the rule.
Comparison with Federal Regulations
No federal regulation governs the training or certification of municipal clerks. The policy of the Help America Vote Act, however, supports the training of election officials – a category that includes municipal clerks.
Estimate of Time Needed to Develop the Rule
At least 80 hours of state employees' time.
Commissioner of Insurance
Subject
The rules affect sections
Ins 6.79 and
8.10, Wis. Adm. Code, relating to advisory councils and committees
Objective of the Rule
To implement and interpret ss.
15.04,
15.09 and
601.20, Wis. Stats., relating to the formation and function of advisory councils or committees created by the commissioner to assist the office of the commissioner of insurance in dealing with regulatory insurance issues.
Policy Analysis
Currently ss.
Ins 6.79 and
8.10, Wis. Adm. Code, create three councils by rule. The commissioner also may appoint other advisory councils or committees under ss.
15.04 and
601.20, Wis. Stats. One of the advisory councils created by rule no longer functions as it addressed statutory provisions that have been repealed. The commissioner intends to consider adopting a rule to create greater administrative flexibility to adjust the focus and composition of advisory councils to reflect issues currently being addressed by the agency. It is likely that the proposed rule will continue to provide for councils focused on the topics of life, health and property and casualty but also provide for flexibility to address specific topics. The commissioner expects that the past OCI practice of maintaining advisory councils will continue and perhaps expand but with a focus and composition reflecting the subjects that are currently being considered by the agency. The proposed rule will also describe the governance of and appointment process to those committees and councils.
Statutory Authority
The statutory authority for this rule is s.
601.20, Wis. Stats.
Entities Affected by the Rule
The existing councils will likely be affected by the proposed rule. However their functions are likely to be retained through a modified advisory council arrangement.
Comparison with Federal Regulations
There is no federal regulation that addresses the anticipated content of this rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Veterans Affairs
Subject
The rules affect VA 2.02 (3) (b), relating to extending the period for submitting a preapplication for the tuition reimbursement grant program.
Objective of the Rule
The Department seeks to amend the rule related to the preapplication process required under s.45.20 (2) (f), Stats., to allow veteran students returning from service sufficient time to meet the statutory requirements for obtaining a tuition reimbursement grant.
Policy Analysis
Under current program rules, veterans must submit a preapplication for the tuition reimbursement grant program within 30 days of the commencement of a term. Veterans returning from deployment often enroll in classes without properly completing the preapplication requirement of the tuition reimbursement grant program. As a result, some veteran students have failed to qualify for the tuition reimbursement grant. The Department believes that extending the period for submitting a preapplication will provide these returning veterans a more equitable basis for obtaining the tuition reimbursement grant.
Statutory Authority
Entities Affected by the Rule
