Preliminary policy analysis:
DATCP enforces Wisconsin's weights and measures laws. DATCP inspectors, municipal inspectors and licensed private service companies check weighing and measuring devices to ensure that commercial weights and measures are accurate.
Municipalities with a population of 5,000 or more must establish their own weights and measures departments, or must contract with DATCP to furnish weights and measures services. Currently 17 municipalities operate their own weights and measures programs, while 90 municipalities contract with DATCP for weights and measures services. Inspectors “seal” weighing and measuring devices that meet standards of accuracy.
DATCP licenses private service companies to install, service, test and calibrate commercial weighing and measuring devices. Currently, there are 311 licensed private service companies in the state.
Currently, there are few uniform procedures for inspecting commercial weighing and measuring devices. This results in inconsistent inspection, which harms consumers and competing businesses. DATCP proposes to establish uniform procedures by rule, including:
• Uniform test procedures for commercial weighing and measuring devices.
• Uniform sealing requirements.
• Uniform standards for inspection frequency.
• Uniform standards for equipment used to test weighing and measuring devices.
• Uniform record keeping and reporting requirements.
• Periodic audits and evaluations of municipal programs.
DATCP also proposes to establish training program standards, including:
• Proficiency training for state and municipal inspectors.
• Voluntary training and certification of weights and measures technicians, including technicians employed by municipalities and private service companies.
Policy alternatives:
• Do nothing. This will foster inconsistent application of state weights and measures laws. Lack of uniformity hurts consumers and competing businesses.
• Allow each municipality and private service company to establish its own testing and inspection standards. This will also foster inconsistent application of state weights and measures laws, and will harm consumers and competing businesses.
Statutory authority:
DATCP proposes to develop this rule under authority of ss. 93.07 (1), 98.04 (1), 98.18 and 100.20 (2), Stats.
Anticipated time commitment:
DATCP estimates that it will use approximately 0.5 FTE staff time to develop this rule. This includes researching, drafting, preparing related documents, holding public hearings, coordinating advisory group discussions, and communicating with affected persons and groups. DATCP plans to develop this rule in consultation with municipalities, private service companies and other affected groups. DATCP will assign existing staff to develop this rule.
Funeral Directors Examining Board
Subject:
S. FD 6.10 - Relating to door-to-door solicitation.
Description of policy issues:
Objective of the rule:
To repeal s. FD 6.10 (3) (a), (b) and (c).
Policy analysis:
In
Clearinghouse Rule 99-008, the Board repealed and recreated s. FD 6.10 (3), intending to repeal s. FD 6.10 (3) (a), (b) and (c). Due to an incorrect treatment clause in the rule-making order, s. FD 6.10 (3) (a), (b) and (c) were not repealed.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 445.125
(3m) (j) 1. and 2., Stats.
Estimate of the amount of state employee time and of any other resources that will be necessary to develop the rule:
20 hours.
Insurance, Commissioner of
Subject:
S. Ins 6.57 (4) - Relating to lowering resident individual intermediary-agent listing fees from $8 to $7 per year.
Description of policy issues:
A statement of the objective of the proposed rule:
The objective of the proposed rule is to lower resident individual intermediary-agent listing fees from $8 to $7 per year.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Wisconsin has experienced a strong economy and a growing and competitive insurance industry. At the same time, OCI has been a good fiscal steward and has not grown at the same rate as the insurance industry, allowing OCI to reduce fee collections. Effective use of information technology and increased efficiency in agency operations has resulted in a reduced need for revenue from the industry.
Statutory authority:
Sections 601.31 (1) (n) and 601.41 (3), Stats.
An estimate of the amount of time that state employees will spend to develop the rule and a description of other resources necessary to develop the rule:
30 hours
Insurance, Commissioner of
Subject:
S. Ins 6.59 - Relating to exemption of attorneys seeking licensure for title insurance from certain testing requirements.
Description of policy issues:
A statement of the objective of the proposed rule:
This change would allow attorneys licensed in Wisconsin who have taken at least 6 hours of Continuing Legal Education dealing with Wisconsin title insurance law within the previous 1 year period to apply for a title insurance license without passing the title insurance test.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently, all applicants for title insurance must pass the title test prior to applying for a title insurance license. The agency could continue to require everyone to pass the title test.
Statutory authority:
Section 628.04, Stats.
An estimate of the amount of time that state employees will spend to develop the rule and a description of other resources necessary to develop the rule:
The agency is estimated to require 100 hours of staff time and no other resources.
Natural Resources
Subject:
NR Code - Relating to approving emergency rules creating new administrative code to implement rivers planning and protection grants; and to approving public hearings for permanent rule development.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
1999 Wis. Act 9 [AB 133 (budget bill)] creates a rivers planning and protection grant program necessitating rule development. Under an annual appropriation, first year funding for this program will lapse if not encumbered by June 30, 2000. Therefore, emergency rule approval is sought to provide an inaugural grant cycle in the Spring of 2000 while final permanent rules are developed. Project sponsors, local government, nonprofit conservation organizations, and rivers organizations will be impacted in a positive way, by providing a broader range of funded project types.
This rule/Board action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Enabling legislation requires development of new policies regarding rivers planning and protection grants.
This rule/Board action represents an opportunity for pollution prevention and/or waste minimization.
Statutory authority:
Section 281.68, Stats.
Anticipated time commitment:
The anticipated time commitment is 302 hours. Three public hearings are proposed to be held during February and March 2000 in the Eau Claire, Rhinelander and Waukesha vicinities.
Natural Resources
Subject:
NR Code - Relating to the Laboratory Certification Program's fiscal year (FY) 2001 budget and fees, per s. NR 149.05, Wis. Adm. Code; and presentation of the 2000 Registered Lab of the Year awards.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
No policy issues to resolve. The Department is not proposing rule changes with these items. Impacted and interested groups include all laboratories certified or registered by the State of Wisconsin.
The Laboratory Certification Program is required under s. NR 149.05 (1) (b), Wis. Adm. Code, to submit its proposed budget and fees to the Natural Resources Board for approval prior to setting the fee schedule for the upcoming fiscal year. This also includes presentation of the 2000 Registered Laboratory of the Year Awards, which recognize outstanding registered laboratories for their commitment to the production of quality data.
Timing is critical to the fee approval process. The Laboratory Certification Program bills participating laboratories each year in May, with payment due in full by the certification period's August 31 end-date. If the proposed budget and fees are not approved at the March Board meeting, it will be difficult for the Program to mail bills in time to collect the revenue necessary to operate the program during the coming fiscal year. The fee approval and billing process has progressed smoothly in past years, and no significant problems are anticipated for the FY 2001 proposal.
As also required by s. NR 149.05 (1) (b), Wis. Adm. Code, the proposed budget and fees will be submitted to the Laboratory Certification Standards Review Council, an advisory body to the Department, for review and comment in January 2000. The Council's comments will be summarized and addressed in the aforementioned background memo. Historically, the Council has supported the Program's budget and fee proposals, and their support for the FY 2001 proposal is anticipated as well.
This rule/Board action does not represent a change from past policy.
This rule/Board action does not represent an opportunity for pollution prevention and/or waste minimization.
Statutory authority:
Section 299.11 (5), Stats.
