Scope Statements
Children and Families
Safety and Permanence, Chs.
35—59
This statement of scope was approved by the governor on January 30, 2014.
Rule No.
Relating to
Review of initial determinations of child abuse or neglect.
Rule Type
Emergency and permanent
1. Finding/Nature of Emergency (for Emergency Rules Only)
Section
48.981 (3) (c), Stats., as affected by
2013 Wisconsin Act 20, creates a new statewide process for appeals of determinations by a county department, the department, or a licensed child welfare agency that a specific person has abused or neglected a child. The statutory changes creating the new appeal process will be effective January 1, 2015. Act 20 directs the department to promulgate rules to specify the procedures for the initial stage of the appeal process. The department expects that an emergency rule will be necessary for these rules to be effective January 1, 2015.
Under s.
227.19 (2), Stats., proposed rules submitted for legislative review after the last day of the legislature's final general-business floorperiod in the biennial session are generally considered received on the first day of the next regular session of the legislature. In this biennium, proposed rules submitted for legislative review after April 3, 2014, will generally be considered received on the first day of the next session in January 2015, and will not be effective until late spring or early summer. The department will be developing the rules with the assistance of a statewide advisory committee.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rules will specify the procedures for review of an initial determination by a county department, the department, or a licensed child welfare agency that a specific person has abused or neglected a child.
3. Detailed Explanation of Statutory Authority for the Rule
Section
48.981 (3) (c) 5m., Stats., as affected by
2013 Wisconsin Act 20, provides that if the county department, department, or licensed child welfare agency makes an initial determination that a specific person has abused or neglected a child, the county department, department, or licensed child welfare agency shall provide that person with an opportunity for a review of that initial determination in accordance with rules promulgated by the department before the county department, department, or licensed child welfare agency may make a final determination that the person has abused or neglected a child.
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
120 hours
5. List with Description of all Entities that may be Affected by the Proposed Rule
County departments of social services, county departments of health and human services, the Bureau of Milwaukee Child Welfare, licensed child welfare agencies, persons seeking to appeal an initial determination that they have abused or neglected a child, and entities who employ or may employ persons who receive an initial determination that they have abused or neglected a child and request review of the determination.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None or minimal
Contact Person
John Elliott
(608) 266-8988
Transportation
This statement of scope was approved by the governor on January 9, 2014.
Rule No.
Relating to
Contractual service procurement.
Rule Type
Permanent
1. Finding/Nature of Emergency (for Emergency Rules Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change will update existing Wisconsin Administrative Code Chapter
Trans 515 to conform with amendments to state statute s.
84.01 (13) made in
2013 Wisconsin Act 20. This proposed rule change will increase the minimum estimated expenditure requiring a cost-benefit analysis from $25,000 to $300,000
.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Presently, the Department of Transportation (Department) conducts a uniform cost-benefit analysis (CBA) on all proposed contractual expenditures estimated to be greater than $25,000.
The Department proposes to revise Chapter
Trans 515 to increase the threshold for completing a CBA from $25,000 to $300,000 consistent with recent amendments to Wisconsin Statute s.
84.01 (13).
One alternative is to continue preparing CBAs for contracts more than $25,000 but below the new $300,000 threshold. The Department estimates a cost of approximately $71,000 per year to complete CBAs on all contracts valued between $25,000 and $300,000. The Department has been performing CBA on contracts in that cost range since the enactment of
2005 Wisconsin Act 89, and anticipates no additional benefit in completing these cost-benefit analyses for contracts below the $300,000 statutory threshold
.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Prior to the enactment of
2013 Wisconsin Act 20 on June 30, 2013, Wisconsin Statute s.
84.01 (13) required the Department to conduct a CBA for expenditures estimated to be greater than $25,000. Section 1515m of the 2013 Assembly Bill AB 40 (
2013 Wisconsin Act 20), published July 1, 2013, amended s.
84.01 (13), Stats., by increasing the value of estimated expenditures requiring a CBA by the Department from $25,000 to $300,000. The Department is no longer required to prepare CBAs for contracts having an estimated cost of $25,000 to $300,000.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 Hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
As part of their consultant selection process, the Department's Division of Transportation Investment Management and Division of Transportation System Development will be affected by the proposed rule through workload reduction.
Eliminating the CBA for contracts with estimated expenditures of $25,000 to $300,000 may affect the Department's engagement of engineering, consulting, surveying, or other specialized services, although it is unknown whether awards will change, or increase or decrease.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
In general, federal law requires construction contracts funded with federal money to be let to the lowest responsible bidder. However, under the “Brooks Act", contracts for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services are negotiated contracts on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. The Department is unaware of any federal requirement to compare the cost of those services with the cost of providing those services through public employees.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
