Submittal of Rules to Legislative Council Clearinghouse
Please check the Bulletin of Proceedings - Administrative Rules
for further information on a particular rule.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 104—
On December 23, 2009, the Department of Commerce submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order creates Chapter
Comm 136
, relating to midwestern disaster area bonds.
Agency Procedure for Promulgation
A public hearing is required and is scheduled for January 25, 2010. The Division of Business Development is primarily responsible for promulgation of the rules.
Contact Information
Sam Rockweiler
Code Development Consultant
Phone: (608) 266-0797
Corrections
On December 18, 2009, the Department of Corrections submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order revises Chapter
DOC 302
, relating to sentence calculations and prison release and administrative review of inmate classification decisions.
The rule brings Ch.
DOC 302
into compliance with significant changes made in sentence calculations and releases from prison under
2009 Wis. Act 28
, including:
1.
Creating definitions for the following terms: administrator, agent, assaultive activity, certain early release, detainer, extended supervision, positive adjustment time, projected extended supervision date, risk eligibility date, social worker, and victim.
2.
Creating DOC 302.33, DOC 302.34, and DOC 302.35, relating to positive adjustment time under 302.113 (2) (b), 304.06 (1) (bg) 1. and 2., as created by
2009 Wis. Act 28
, §§ 2722 and 2751;
3.
Creating DOC 302.36 and DOC 302.37, relating to sentence calculations under §
304.06 (1) (bg) 3.
and
4.
, as created by
2009 Wis. Act 28
, § 2751, for an inmate who has been convicted under §
973.01
, Stats., following the inmate's having served at least 75% or 85% of the confinement time of a bifurcated sentence, depending on the classification of the crime.
4
Creating DOC 302.38 and DOC 302.39, relating to the challenge incarceration program and the earned release program under §§
302.045
and
302.05
, Stats., respectively, as amended by
2009 Wis. Act 28
, §§ 2700 – 2712;
5.
Creating DOC 302.40, relating to the risk assessment program under §
302.042
, as created by
2009 Wis. Act 28
, § 2699m;
6.
Creating DOC 302.41, relating to the early release of certain inmates within 12 months of their release under §
302.113 (9h)
, as created by
2009 Wis. Act 28
, § 2739; and
7.
Repealing and recreating DOC 302.18, relating the inmate requests for review of Department decisions concerning custody, institution placement, program needs, or treatment needs.
Agency Procedure for Promulgation
A public hearing is required and is scheduled for February 25, 2010. The Department of Corrections, Division of Adult Institutions is primarily responsible for promulgation of the rules.
Contact Information
Kathryn R. Anderson, Chief Legal Counsel
Department of Corrections
3099 East Washington Avenue, P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5049, FAX: (608) 240-3306
Earned Release Review Commission
(Formerly Parole Commission)
On December 18, 2009, the Wisconsin Earned Release Review Commission submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order repeals and recreates Chapter
PAC 1
, relating to the release of inmates from state prison through parole or other procedures established through
2009 Wis. Act 28
.
The Rule:
1.
Revises s.
PAC 1.02
, Purpose, to more clearly state the purpose of the rule chapter is to set forth the procedures under which the Earned Release Review Commission (formerly Parole Commission) operates.
2.
Updated terminology and phrasing throughout the rule to reflect the responsibility of the commission for parole and other release mechanisms under
2009 Act 28
.
3.
Added definitions for the following terms: denial, extended supervision, extraordinary health condition, file review, informational deferral, no action, and presumptive mandatory release.
4.
Moved the definition of "direct input," which had previously been in s.
PAC 1.06 (9) (c)
to the definition section.
5.
Modified the term "member of the family" to "family member" and included domestic partners under ch.
770
, Stats., in the definition of covered persons.
6.
Modified definitions to include reference to
2009 Act 29
release mechanisms. Specifically, "parole grant" became "parole grant or release order," and "parole eligible" became "parole or release eligible," and "parole consideration" became "release consideration."
7.
Clarified the purpose of release consideration in s.
PAC 1.04
.
8.
Modified s.
PAC 1.05
to address the commission's authority to consider parole eligibility or release eligibility for inmates depending on the date on which the offense for which they were convicted was committed, including those eligible for early release to extended supervision.
9.
Modified s.
PAC 1.06
to more clearly state the process by which the commission will consider an inmate for release. Also, included are the additional criteria noted in
2009 Act 28
, specifically the inmate has not refused or neglected to perform required or assigned duties. Clarified the criteria used to evaluate participation in required or recommended programming. Finally, deleted the listing of specific offenses which require giving a victim the opportunity for direct input. The commission gives victims who are registered with the Office of Victims Services an opportunity for direct input in all cases.
10.
Modified s.
PAC 1.07
to include the process for release recommendations for inmates sentenced for offenses committed on or after December 31, 1999. In addition, clarified the authority of a commissioner to amend a deferral or denial.
11.
Added to s.
PAC 1.07
the authority and the procedures of the commission to modify an inmate's bifurcated sentence in accordance with s.
304.06 (1) (bk) 1.
, Stats.
12.
Created s.
PAC 1.08
to establish procedures for the commission to review inmate petitions for release due to extraordinary health condition or age.
13.
Created s.
PAC 1.09
to establish procedures for the commission to review inmates who are subject to presumptive mandatory release.
Agency Procedure for Promulgation
A public hearing is required and is scheduled for February 23, 2010. The Wisconsin Earned Release Review Commission is primarily responsible for promulgation of the rules.
Contact Information
Kathryn R. Anderson, Chief Legal Counsel
Department of Corrections
3099 East Washington Avenue, P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5049; FAX: (608) 240-3306
Natural Resources
Environmental Protection — General, Chs. NR 100—, WPDES, Chs. NR 200—, Water Regulation, Chs. NR 300—, Water Supply, Chs. NR 800—
On December 22, 2009, the Department of Natural Resources submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order revises Chapters
NR 102
,
103
,
105
,
106
,
108
,
110
,
114
,
200
,
203
,
205
,
210
,
214
,
299
,
328
,
341
and
812
to fix typographical errors, make minor modification or clarification, ensure consistency with federal regulations, code reference update or make technological updates for rules affecting the Bureau of Watershed Management.
Agency Procedure for Promulgation
A public hearing is scheduled for January 28, 2010.
Contact Information
Susan Sylvester, Permits Chief
Bureau of Watershed Management
Phone: (608) 266-1099
Public Instruction
On December 17, 2009, the Department of Public Instruction submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order creates section
PI 8.01 (4)
, relating to waivers for school hours.
Agency Procedure for Promulgation
A public hearing is scheduled for February 1, 2010. The Division for Academic Excellence is primarily responsible for promulgation of this rule.
Contact Information
Deborah Mahaffey, Assistant State Superintendent
Phone: (608) 266-3361
Revenue
On December 16, 2009, the Department of Revenue submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order creates section
Tax 1.16
, relating to the financial record matching program.
Agency Procedure for Promulgation
A public hearing is required and will be scheduled at a later date. The Office of the Secretary is primarily responsible for promulgation of the proposed rule.
Contact Information
Dale Kleven
Income, Sales and Excise Tax Division
Phone: (608) 266-8253
Veterans Affairs
On December 30, 2009, the Department of Veterans Affairs submitted a proposed rule-making order to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed order revises section
VA 2.02 (2)
, relating to the veterans tuition reimbursement grant program.
The amendment of s.
VA 2.02 (2)
will establish the time period under which an applicant can submit an application to the department. The timely submission of the application is an eligibility requirement for the grant. The proposed amendment would require an applicant to submit an application to an authorized agent, with all student portions of the application completed, within 60 days following the commencement of a semester, term or course. The application will be considered received if the remainder of the application is completed by an authorized agent and submitted to the department by manual or electronic mail no later than 60 days following the last day of the semester, term or course.
Agency Procedure for Promulgation
A public hearing is required and will be scheduled at a later date. The Office of the Secretary is primarily responsible for preparing the rule, under the direction of the Board of Veterans Affairs.
Contact Information
James A. Stewart, Chief Legal Counsel
Department of Veterans Affairs
30 West Mifflin Street, P.O. Box 7843
Madison, WI 53707-7843
Phone: (608) 266-3733
