Changes to NR 46 that do have a fiscal impact include the following:

STATE FISCAL IMPACT:

Amend MFL application fees.

The department's cost to record orders at the register of deeds office has increased from $20 to $30 per order. Since MFL landowners pay an application fee that covers the recording costs, application fees must be increased from $20 to $30. Over the past 5 years, an average of 1,249 applications have been received for entry into MFL. This new entry is expected to be constant for the next 5 years. In addition, there is an expected increase in applications due to the renewal of lands from expiring MFL entries. Roughly 67% of lands that are expiring from the Forest Crop Law program re-enroll under MFL. If this trend remains constant it is expected that an average of 837 renewals will be submitted annually. If landowners pay an additional $10 per entry for new or renewal applications, the department will collect an additional $20,860 to cover the recording costs (1,249 new entries + 837 renewals = 2,086 total entries x $10/entry = $20,860).

LOCAL GOVERNMENT FISCAL IMPACT:

None.

PRIVATE SECTOR FISCAL IMPACT:

Require that owners buying lands from large ownerships, as defined in NR 46.18(4), provide a management plan within one year of the transfer date.

Roughly 113 transfers from a large ownership to a small ownership have occurred annually from calendar year 2005 through 2009. Under this rule proposal, landowners would be required to provide a management plan within one year of the date of transfer that would be written by a certified plan writer. DNR foresters would write a management plan only if services from a certified plan writer are not available.

Certified plan writers charge for their services in a variety of ways including: (1) a combination of plan cost and per acre cost, (2) per acre costs only, (3) hourly costs or (4) project costs. To determine the cost of plan writing services for this fiscal estimate the cost the department would charge to write a management plan is used, which is based on the plan cost and per acre costs. DNR determines these costs by averaging the costs certified plan writers annually charge landowners for plan writing services. The current base rate, or cost per plan is $470 per plan, with an additional charge of $6.73 per acre.

The average MFL ownership is 67 acres; therefore, landowners would collectively spend $104,062.83 to have these plans prepared by certified plan writers [(113 plans x $470/plan) + (7,571 acres (67 ac. per plan x 113 plans) x $6.73/acre) = $104,062.83].

Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status.

Currently there are two large landowners who no longer meet the qualifications of a large landowner that would need to develop management plans through a certified plan writer. Under this rule proposal these two landowners would need to have management plans developed at a cost of $17,032.99 [(10 plans x $470/plan) + (1,832.54 acres x $6.73/acre) = $17,032.99].

Increase existing revenues.

Fund sources affected: SEG.

Affected chapter 20 appropriations: Section 20.370 (1) (cr).

No local government costs.

Landowners applying for Managed Forest Law will pay an additional $15 per county for MFL applications. This extra cost covers the fees to record new MFL Orders of Designation with registers of deeds.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b), 227.11 (2) and 443.015, Stats., Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create Chapter A-E 13, relating to continuing education requirements for professional engineers.

The hearing will be held on:

Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Kristine1.Anderson@wisconsin.gov.

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Comments may be submitted to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to kristine1.anderson@wisconsin.gov. Comments must be received on or before April 19, 2011 to be included in the record of the rule-making proceedings.

Section 443.015, Stats.

Sections 15.08 (5) (b), 227.11 (2) and 443.015, Stats.

Under 2007 Act 47, codified at s. 443.015, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors is authorized to establish rules regarding continuing education (CE) requirements for purposes of renewing the credential of individuals licensed under Ch. 443, Stats.

There are no other statutes or rules than those listed above.

This proposed rule-making creates ch. A-E 13, Wis. Admin. Code, relating to continuing education requirements for the credential renewal of professional engineers within the jurisdiction of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, as permitted under s. 443.015, Stats.

SECTION 1 creates ch. A-E 13, entitled “CONTINUING EDUCATION FOR PROFESSIONAL ENGINEERS."

SECTION 2 creates s. A-E 13.01, entitled “Authority and purpose." This section provides the statutory authority for the creation of ch. A-E 13, and indicates that ch. A-E 13 implements biennial continuing education requirements for professional engineer registrants.

SECTION 3 creates s. A-E 13.02, entitled “Definitions." This section defines, in numbered subsections, seven (7) terms as they are used in ch. A-E 13: (1) “biennium," (2) “college semester hour," (3)“continuing education," (4) “continuing education unit" or “CEU," (5) “course" or “activity," (6) “EAC/ABET," and (7) “professional development hour" or “PDH."

SECTION 4 creates s. A-E 13.03, entitled “Continuing education." This section has three (3) subsections. Subsection (1) of s. A-E 13.03 has four lettered paragraphs. Paragraph (a) provides that beginning with the August 2012 biennial registration period, all registered professional engineers who have renewed their credential one or more times shall complete at least 30 PDHs of approved continuing education each biennial period.

Paragraph (b) provides that of those 30 required PDHs, 2 must be in the area of professional conduct and ethics.

Paragraph (c) provides that of those same 30 PDHs, a maximum of 13 may be obtained through courses in either a traditional classroom setting, by computer conferencing, or by video conferencing, in which participants can communicate directly with each other and the instructor.

Paragraph (d) provides that a maximum of 15 PDHs earned in excess of the 30 required for one biennial registration period may be used toward the next biennium's continuing education requirements.

Subsection (2) of s. A-E 13.03 sets forth, in lettered paragraphs, seven (7) different means by which a registrant may satisfy his or her biennial continuing education requirements: (a) completing courses offered at an EAC/ABET-accredited engineering school or college; (b) completing short courses or tutorials and distance education courses offered via correspondence, DVD, or the internet; (c) presenting or attending seminars, in-house courses, workshops, or making professional or technical presentations at meetings, conventions, or conferences; (d) teaching or instructing any of the courses or programs listed in paragraphs (a) to (c), where the PDH earned for each hour of teaching is twice that earned for participation only; (e) publishing papers, articles, or books in the registrant's practice area, where each such publication earns 5 PDHs, and where peer-reviewed publications earn 10; (f) participating in professional and technical societies for a maximum of 4 PDHs per biennium, where participation as an officer or committee member earns 2 PDHs per year; and (g) attaining a patent in the registrant's practice area, where each such patent earns 10 PDHs.

Subsection (3) of s. A-E 13.03 provides that any registrant who fails to meet the continuing education requirements by the registration renewal date may not practice professional engineering until renewal has been achieved.

SECTION 5 creates A-E 13.04, entitled “Examples of qualifying activities." This section provides five (5) examples of qualifying activities in numbered subsections.

SECTION 6 creates s. A-E 13.05, entitled “Standards for approval." This section has two subsections. Subsection (1) of s. A-E 13.05 establishes, in lettered paragraphs, four criteria for approval of a continuing education program.

Subsection (2) of s. A-E 13.05 provides that the professional engineer section of the joint A-E examining board has final authority to approve continuing education courses and other methods for earning PDHs. Subsection (2) also lists, in lettered paragraphs (a) – (n), fourteen (14) approved provider entities, and in lettered paragraphs (o) and (p), two (2) general, or catch-all, categories of potential continuing education providers that may seek approval from the professional engineer section.

SECTION 7 creates s. A-E 13.06, entitled “Certificate of completion; proof of attendance." This section has three (3) subsections. Subsection (1) of s. A-E 13.06 requires applicants for registration renewal to certify their compliance with the continuing education requirements of ch. A-E 13.

Subsection (2) of s. A-E 13.06 provides that the professional engineering section may randomly audit registrants biennially for continuing education compliance.

Subsection (3) of s. A-E 13.06 provides that within 30 days of receiving a written request from the section for evidence of compliance, a registrant shall submit such evidence, and that failure to do so will result in denial of the registrant's renewal application.

SECTION 8 creates s. A-E 13.07, entitled “Recordkeeping." This section has three (3) numbered subsections. Subsection (1) of s. A-E 13.07 requires all registrants to maintain, on a form approved by the professional engineer section, records of having satisfied the continuing education requirements for at least the three (3) most recent biennia.

Subsection (2) of s. A-E 13.07 provides that the records maintained under subs. (1) must include evidence of registrant's attendance at, and completion of, any program providing continuing education the registrant counts toward his or her required PDHs.

Subsection (3) of s. A-E 13.07 requires registrants to convert any CEUs awarded for continuing education courses to PDHs for recordkeeping.

SECTION 9 creates s. A-E 13.08, entitled “Waiver of continuing education." This section has six (6) numbered subsections. Subsection (1) of s. A-E 13.08 provides that renewal applicants may request, in writing, a waiver of the continuing education requirements for reasons of “extreme hardship." The professional engineer section, or its designee, will have sole discretion on how to address such requests.

Subsection (2) of s. A-E 13.08 defines “extreme hardship" as an inability to fulfill the continuing education requirements during a particular biennial period for one of the four (4) reasons set forth in lettered paragraphs (a) – (d). Paragraphs (a) – (c) describe specific hardship situations; paragraph (d) allows the professional engineer section to waive the requirements under any other extenuating circumstances it finds acceptable.

Subsection (3) of s. A-E 13.08 prohibits the professional engineer section from waiving continuing education requirements for the same registrant for two consecutive biennia.

Subsection (4) of s. A-E 13.08 allows the professional engineer section to waive the continuing education requirements for a renewal applicant who has maintained an active Wisconsin license for at least 30 years, provided that the applicant has retired from the profession and no longer receives compensation for his or her services.

Subsection (5) of s. A-E 13.08 prohibits a renewal applicant who has received a waiver under subs. (4) from practicing professional engineering until he or she has met the late renewal requirements set forth in s. A-E 13.10.

There is no existing or proposed federal regulation.

Illinois:

Thirty hours of continuing education are required for professional engineers each biennial renewal. http://www.
ilga.gov/commission/jcar/admincode/068/0680113800003250R.html.

Thirty hours of continuing education are required for professional engineers for each biennial renewal. http://www.state.ia.us/government/com/prof/engineer/renewals.html.

There are no continuing education requirements for professional engineers. www.michigan.gov/dleg.

Minnesota:

Twenty-four hours of continuing education are required for professional engineers for each biennial renewal. http://www.aelslagid.state.mn.us/conted.html.

The Professional Engineer Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors examined models of continuing education from the National Council for Examiners of Engineers and Surveyors, as well as from other Wisconsin regulatory boards.

In addition, the section received input from a steering committee organized by the Wisconsin Society of Professional Engineers which included representatives of 10 professional engineering societies or trade associations. The steering committee discussed the content and operation of the proposed draft for purposes of creating a continuing education program that will be beneficial to both the public and professional engineers.

The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of their rules. The comparisons to the adjacent states demonstrate that the proposed rules are substantially consistent with the rules in those states.