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.
DOC 332 relates to sex offender registration and community notification requirements, as well as requirements that certain sex offenders be required to submit to lie detector testing. Sex offender registration and community notification legislation was mandated by the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994, which included state sex offender registration laws, and Megan's Law of 1996, requiring public notification of sex offender release. Sections
301.45 (8),
301.46 (8), and
301.132 (3), Stats., were enacted by the State of Wisconsin to monitor and track people convicted of sex crimes, to utilize lie detector technology in the community supervision process, and to provide access to this information for law enforcement, victims and the general public.
The rules administering these statutes were promulgated in 1998. The sex offender registry has been a useful tool in protecting the public and promoting public awareness and safety. The system enhances public safety by making the information contained in the Sex Offender Registry accessible to the victims, law enforcement and the public. It also serves to enhance public awareness about sexual violence in our communities and provides valuable information about the ways in which individuals and communities can protect themselves and others from acts of sexual violence. However, new legislation, judicial interpretation, and potential procedural improvements require that the Department update the rule to ensure present compliance with the law, clarify and improve the efficacy of its provisions, and synchronize the rule with current and prospective information technology systems.
Statutory authority
Staff time required
200 hours.
Employee Trust Funds
Subject
Sections
ETF 50.48 (3) and
50.50 (5) require that the employer provide medical certification of a claimant's disability for eligibility under the Long-Term Disability Insurance (LTDI) program. The proposed rule will delete the requirement that the employer provide the medical certification.
Policy analysis
Objectives of the rule. The amended rule will accomplish two objectives: provide clarification in regards to medical certification between the employer and physicians; and avoid denial of coverage for employees under the LTDI program as a result of the employer's lack of or denial of medical certification.
Currently under the LTDI program, an employee is eligible for a LTDI disability benefit from the Wisconsin Retirement System (WRS) if he or she meets certain requirements under ch.
ETF 50, including the requirement to be certified by the employer as having left employment due to an apparent disability. Under ss.
50.48 (3) and
50.50 (5), the employer is required to provide a medical determination whether the employee is disabled within the meaning of the LTDI subchapter and to certify whether the disability was employment related in cases where the employee did not meet the service requirement.
If the Department receives a certification from the employer indicating that the employee is not disabled within the meaning of the LTDI subchapter or if the employer indicates they have no information on which to base an opinion, the Department is required to deny the application (claim) for LTDI benefits. The application is denied even if the Department receives the required medical documentation from the two required physicians certifying the claimant's disability. The proposed rule will be amended to remove the responsibility of the employer to make a medical determination related to employment and to instead rely on the physicians' medical determinations.
Policy alternatives to the proposed rule. The amendment to the current rule is intended to remove the responsibility of the employer making a medical determination. The medical and employment related disability certification would then be obtained from one source, the physicians, rather than from the employer and the physicians, which have and would continue to have conflicts. If the rule were not amended, the result would be less certainty and efficiency in the administration of the disability benefit program under ch.
ETF 50, as well as continued denials of coverage to eligible employees when the employer does not make a medical determination.
Statutory authority
Staff time required
80 hours.
Financial Institutions - Corporate and Consumer Services
Subject
Chapter DFI—CCS 8 – Relating to authorized records.
Policy analysis
Objective of the rule. To create ch. DFI—CCS 8.
2001 Act 10 repealed and recreated the Wisconsin Uniform Commercial Code (“UCC"), effective July 1, 2001. The act authorizes the Department of Financial Institutions to promulgate rules to implement the UCC. Without these rules, the department will be unable to give effect to the provisions of the UCC before permanent rules can be promulgated. The act is part of an effort by the National Conference of Commissioners on Uniform State Laws and all member states to implement a revised model Uniform Commercial Code on July 1, 2001 to facilitate interstate commerce with nation-wide uniformity in lien filings. The rule is in regards to authorized records.
Statutory authority
Staff time required
40 hours.
Health and Family Services
Subject
