Scope statements
Agriculture, Trade and Consumer Protection
Subject
Kennels and Pet Facilities Regulation.
Policy analysis
Objective of the rule. Create rules to enable DATCP to administer s.
173.40, Stats., as created by
2001 Wis. Act 16.
In August,
2001 Wis. Act 16 was enacted. This act required licensing of kennels and kennel facilities, animal shelters, and facilities at which pet dealers and pet breeders operate. It requires DATCP to inspect all licensed facilities biennially. It also allows DATCP to establish the following rules.
• Minimum standards for animal shelters, kennels, and facilities at which pet dealers and pet breeders operate;
• Minimum requirements for humane care to be provided;
• Transportation of animals;
• Minimum ages for the sale of animals;
• Grounds for revocation of licenses;
• Grounds to issue orders prohibiting sales or movement of an animal;
• Fees;
• Record keeping requirements;
• Requirements relating to space and exercise for an animal.
DATCP will appoint an advisory committee to advise the department regarding the appropriate standards to establish. When drafting the rule, DATCP will need to establish standards that will protect the health and welfare of the animals without being onerous for the operators of the licensed facilities. In seeking to protect and promote the health and welfare of the animals, DATCP will also seek to protect the consumers' interest in purchasing healthy animals.
DATCP will need to establish a licensing program that will allow the department to meet the legislative expectations as expressed in the statute. The specifics of that program will be established by this rule.
Policy alternatives
DATCP is creating rules to establish standards that the legislature has identified in s.
173.40 (5), Stats. If DATCP does not create these rules, DATCP will not be able to carry out the required licensing and inspection of the entities identified in the statute. Therefore, there really is not alternative to creation of rules. The alternatives relating to the specific provisions of the rules will be identified by and explored with the advisory committee that DATCP will appoint in compliance with the non-statutory provisions of
2001 Wis. Act 16.
Statutory authority
D proposes to create ch.
ATCP 16, Wis. Adm. Code, under authority of ss.
93.07 and
173.40 , Stats.
Staff time required
DATCP estimates that it will use approximately 1 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions; Atrazine Pesticides.
Policy analysis
Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect groundwater-sampling results obtained during the past year. Review the restrictions on the timing of atrazine applications. Renumber and reorganize current rule, as necessary.
Under the Wisconsin Groundwater Law, ch.
160, Wis. Stats., the department must regulate the use of pesticides to assure compliance with groundwater standards established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3 mg/liter for atrazine and its chlorinated metabolites.
Under s.
160.25, Wis. Stats., the department must prohibit atrazine uses that result in groundwater contamination levels that violate the DNR enforcement standard. The department must prohibit atrazine use in the area where the groundwater contamination has occurred unless the department determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently under ch.
ATCP 30 the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, the department may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with the Groundwater Law, the department must take further action to prohibit or regulate atrazine use in the areas where these wells are located. The department proposes to amend ch.
ATCP 30 to add or repeal prohibition areas or take other appropriate regulatory action in response to any new groundwater findings. The department also plans to review the statewide restriction on the timing of atrazine product applications. Current rules limit the application of atrazine products to the time period between April 15 and July 31 of each year.
Policy alternatives
No Change. If the department takes no action on this proposed rulemaking, the Board approved final draft of the ch.
ATCP 30 Pesticide Product Restrictions (to be promulgated in May, 2002) will apply. However, the department would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet the department's obligations under the Groundwater Law. Conversely, the department would be unable to repeal the current restrictions on atrazine use where indicated by groundwater findings.
Statutory authority
Staff time required
The department estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes investigation; drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. The department will use existing staff to develop this rule.
Chiropractic Examining Board
Subject
Continuing education requirements.
Policy analysis
Objective of the rule. To allow chiropractors to satisfy continuing education requirements by taking internet-based distance learning courses.
Recognizing internet-based distance learning courses as reliable sources for continuing education. This rule will expand the options for continuing education credits.
Statutory authority
Staff time required
50 hours.
Commerce
Subject
Objective of the rule. The objectives of this rule revision, incorporated into one or more rule packages in chapter Comm 5 and other associated/related chapters, are to:
a) Expand the qualification options for a person applying for a journeyman plumber-restricted license examination.
b) Establish requirements for completion of an approved course for persons with a master plumber-restricted appliance license and who install or modify multipurpose piping systems.
c) Revise the required license, certification and registration fees relative to the costs incurred by the Department.
d) Evaluate and possibly incorporate recognition of licenses, certifications and registrations issued by other jurisdictions.
e) Create requirements for the registration of commercial electrical inspection agencies.
f) Evaluate and revise license, certification and registration rules to coordinate with other revised codes or programs.
Policy analysis
Presently under chapter Comm 5, the qualifications to take one of the journeyman plumber-restricted exams dictate the completion of specific educational course work. The proposed rules would eliminate this particular qualification. The necessary knowledge associated with the requirement will be incorporated as part of the journeyman plumber-restricted exam. Other options to qualify for the license are to be evaluated, including the completion of an apprenticeship-type program.
Under chapter Comm 5, master plumbers who are responsible for the installation of a multipurpose piping system are required to complete an educational course on the system installation. An oversight did not impose a similar requirement on a person with a master plumber-restricted appliance license who may also install and work on multipurpose piping systems.
Chapter
Comm 5 specifies fees for the examination and issuance of numerous trade licenses, certifications and registrations. The fees are established to offset the Department's costs associated with various aspects of the programs.
Most of the licenses, certifications and registrations under the rules of chapter Comm 5 prescribe only one path to qualify either for the credential or the credential exam. Recognizing the licenses, certifications and registrations of other governmental jurisdictions that are equivalent to the Department's programs as qualifying for a Department corresponding credential would allow individuals alternative avenues in demonstrating their skill and knowledge.
In accordance with state statutes, the Department is responsible for the inspection of the electrical construction in commercial buildings in municipalities that do not provide these inspections. The recognition of independent electrical inspection agencies would help to facilitate accomplishment of this responsibility.
Statutory authority
Staff time required
It is estimated that these rule revisions relating to credentials will require the resources of staff members from the Department as follows:
Administrative time: 40 Hours
Code Consultant's time: 120 Hours
Program Managers' time 80 Hours
Total Time: 240 Hours
Commerce
Subject
Objective of the rule. The objective of the rule is to revise chapters Comm 41, 43 and 45 rules relating to the requirements for periodic inspections of boilers, pressure vessels, anhydrous ammonia systems and mechanical refrigeration systems.
Policy analysis
The current chapters Comm 41, 43 and 45 specify the types and sizes of boilers, pressure vessels, anhydrous ammonia systems and mechanical refrigeration systems that must be inspected every year or every 3 years. The number of objects requiring inspection grows every year as more buildings are constructed in the state. In order to focus both public and private resources in areas of greatest safety concern, the Department is considering revising the requirements for periodic inspections of certain installations. New policies to be considered for the inspection thresholds include eliminating inspections of some smaller installations and changing the cycle time for periodic inspections.
The alternative of not revising the inspection thresholds would result in an increase in the number of randomly selected objects not receiving required periodic inspections.
Statutory authority
Section
101.17 of the Wisconsin Statutes.
Staff time required
The Department estimates that it will take approximately 200 hours to develop this rule. This time includes meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Corrections
Subject
Rule amendment to update ch.
DOC 332, relating to sex offender registration, sex offender lie detector testing, and community notification requirements, to update and clarify the rule to conform and adapt to recent changes in the law, rising sex offender population, and technological advances.
Policy analysis
Objective of the rule. The administrative rules under this chapter were promulgated in February, 1998, with the exception of provisions relating to lie detector requirement and associated issues, which were promulgated by emergency rule in December, 1997, and became effective in July, 1998. The changes to the rule will ensure consistency with present law, clarify and improve the language of its provisions, and synchronize the rule with current and prospective information technology. This includes integration of legislative changes under 1999 Wisconsin Laws Acts 9, 89, 156 and 186, and Wisconsin 2001 Laws Act 16, as well as judicial interpretation of ss.
301.45 (8),
301.46 (8), and
301.132 (3), Stats., into the rule.
