Scope Statements
Natural Resources
Fish, Game, etc., Chs. NR 1
Subject
Revises Chapters NR 10, 11, 15 and 19, relating to game and hunting, closed areas, game refuges, and outdoor recreation.
Policy Analysis
These rule changes are proposed for inclusion on the 2009 Spring Hearing questionnaire. Specifically, these rules would; modify the boundaries of migratory bird refuges, establish special hunting regulations for migratory birds at Mead Wildlife Management Area, clarify the definition of “open water hunting" for migratory birds, extend the fall turkey hunting season, expand opportunities for disabled turkey hunters, expand the season for hunting turkeys with the aid of dogs, create flexibility for the issuance of left-over turkey hunting permits, require registration of sharp-tailed grouse, revise bobcat hunting and trapping regulations, create a new pheasant hunting opportunity, update the definition of a firearm, allow criminal background checks of learn-to-hunt mentors, allow the use of rifles for deer hunting in certain areas, and establish or modify deer hunting seasons at certain state parks.
These changes do not deviate from existing board policy. The proposed changes to hunting seasons, methods, permit issuance, and registration are consistent with previous board actions and policies.
Statutory Authority
Sections 23.095, 23.11 and 29.014, Stats.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Entities Affected by the Rule
Hunters are the principal group that will be affected by this rulemaking.
Estimate of Time Needed to Develop the Rule
Rule development will take approximately 244 hours of staff time.
Contact Information
Scott Loomans
101 S Webster Street
Madison, WI 53707
(608) 267-2452
Veterans Affairs
Subject
Revises section VA 2.01, relating to establishing the period and content for an application for subsistence aid grants, the availability of concurrent applications in the health care assistance program, and the limitations applicable to the subsistence aid and health care aid programs.
Objective of the Rule
The department, in conjunction with the County Veterans Service Officers, determined that the current application rules for the subsistence aid grant were not serving the intended applicants; that applicants for the health care aid grant were not able to apply for concurrent types of care; and that the program restrictions within the administrative rules did not accurately reflect the revised statutory limitations for grants. The department is therefore proposing to amend the rules regarding the application process for the subsistence aid program, the availability of concurrent applications in the health care aid program and lastly, to bring the administrative code into line with the revised statutory limitations enacted in 2007. The department believes the subsistence aid program will be more accessible for the intended population if the application process is adjusted to allow eligible veterans to make applications within the 90 day grant period allowed by statute, while maintaining the emergent nature of the program and the statutory requirement that all available assets be expended prior to any grant being offered. The department also believes veterans should be allowed to seek multiple health care aids, while maintaining the statutory limitation on monetary expenditures for each veteran from the program. Lastly, the department believes an update to the administrative code provisions, reflecting the statutory changes enacted in 2007, is warranted to avoid confusion.
Policy Analysis
The goal of the Assistance to Needy Veterans program is twofold: the subsistence aid portion of the program is intended to provide monetary assistance in the first 90 days following a loss of income from an illness, injury or natural disaster, while the health care aid portion provides similar health care for dental, hearing, and vision to eligible veterans who do not qualify for the United States Department of Veterans Affairs health care program. The department believes that amending the rules regarding the application process will make the subsistence aid portion of the program more responsive to the emergent care situation of veterans seeking that type of assistance. Amending the rules regarding the concurrent applications for dental care, hearing care, and vision care will allow different types of health care aid to be rendered concurrently. The requirement that binding quotes be submitted will provide both veterans and health care providers the ability to determine what care and monetary support is available and allow the program to function in accordance with the policies established by the State of Wisconsin, Board of Veterans Affairs. Lastly, the legislature amended the statutory limitations applicable to this program and the department believes the administrative code should be amended to reflect the revised limitations to avoid any confusion.
The proposed amendment to VA 2.01 (2) (a) will limit the period for which a subsistence aid application can be made and require the applicant to list all available assets the applicant has at the time of application for the benefit. The proposed amendment to VA 2.01 (2) (b) will allow the use of concurrent applications in the health care aid program if written and binding quotes for the health care procedures have been submitted to the department. The proposed amendment to VA 2.01 (3) (b) will allow applicants to apply for subsistence aid at any point in the 90 day period following the applicant's loss of income from an illness, injury or natural disaster. The proposed amendment to VA 2.01 (3) (c) will update the restrictions identified in the program in accordance with the amendments to the statute enacted in 2007.
Statutory Authority
Section 45.40 (3m), Stats.
Comparison with Federal Regulations
The Assistance to Needy Veterans Grant program is administered entirely under the authority of state law. The U.S. Department of Veterans Affairs provides health care for eligible veterans in accordance with Title 38 of the U.S. Code and Title 38 of the Code of Federal Regulations. All veterans applying for benefits under this program are required to apply for the same benefits from the U.S. Department of Veterans Affairs and to use that agency's services if found eligible. Any veteran who does not apply for benefits from that agency or does not accept benefits from that agency if eligibility is established is ineligible for the program. There is no other existing or proposed federal regulation that has any direct bearing upon the proposed rules.
Entities Affected by the Rule
The amended rules will affect veterans applying for benefits, the department, providers of dental care, hearing care, and vision care, and county veterans service officers.
Estimate of Time Needed to Develop the Rule
Approximately 15 hours of Department of Veterans Affairs staff time will be needed to promulgate the rule.
Contact Information
James A. Stewart, Chief Legal Counsel
30 W. Mifflin Street
P.O. Box 7843
Madison, WI 53707-7843
(608) 266-3733
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