Scope statements
Agriculture, Trade and Consumer Protection
Subject
The Department of Agriculture, Trade and Consumer Protection (DATCP) gives notice, pursuant to s.
227.135, Wis. Stats., that it proposes to modify a administrative rule as follows: Agricultural Chemical Cleanup Program; License Surcharges.
Statutory Authority
DATCP proposes to revise chapters ATCP 29 and 40, Wis. Adm. Code, under authority of ss.
93.07 and
94.73, Wis. Stats.
Objective of the rule. Adjust license surcharges for the Agricultural Chemical Cleanup Program.
Policy Analysis
The Agricultural Chemical Cleanup Program reimburses persons for costs that they incur to clean up certain fertilizer and pesticide spills. The program reimburses a specified share of eligible costs. DATCP makes reimbursement payments from the Agricultural Chemical Cleanup Fund (Fund). The Fund is financed by fertilizer and pesticide license surcharges. DATCP establishes surcharge amounts by rule, subject to statutory limits. At the end of SFY 2006, the Fund was above the statutory maximum of $2,500,000. Changes to the rules will adjust current fertilizer and pesticide surcharges to bring the Fund within the required balance.
Comparison with Federal Regulations
There are no federal regulations associated with these proposed rule modifications.
Entities Affected by the Rule
These modifications to the rules will affect licensees who manufacture, sell, and purchase fertilizer or pesticides and who are responsible for paying pesticide or fertilizer license surcharges under chs.
ATCP 29 and
40, Wis. Adm. Code, that fund the Agricultural Chemical Cleanup Program.
Policy Alternatives
None. DATCP must adjust fertilizer and pesticide license surcharges in order for the Fund balance to be within its statutory maximum.
Statutory Alternatives
Section
94.73, Wis. Stats. allows DATCP to adjust license surcharges by rule, as long the Fund balance remains at or below its statutory maximum.
The Legislature has other alternatives available. The Legislature could revise the statutes to give DATCP additional expenditure authority. It also could revise the statutes to increase the statutory maximum balance allowed in the Fund. The Legislature could revise the statutory maximum license surcharges that DATCP could assess. This option would also require DATCP to adjust the license surcharges by rule, as proposed.
Staff Time Required
DATCP estimates that it will use approximately 0.25 FTE staff to revise these rules. This includes the 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 revise these rules.
DATCP Board Authorization
DATCP may not begin drafting these rule changes until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on the changes to the rules, the Board must approve the hearing draft. The Board must also approve the final draft changes before DATCP adopts the changes to the rules.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Subject
Creating rule changes to s.
A-E 2.02, relating to registration seals for architects, landscape architects, professional engineers, designers and land surveyors. Section
A-E 2.02 specifies the requirements for registration seals and signatures. Registration seals and signatures must be utilized in the production of plans, drawings, documents, specifications and reports within these professions. This rule change would allow for credential holders' documents to be signed, sealed, or stamped by electronic means.
Policy Analysis
Objective of the rule. To update the rules to reflect new technology that permits documents to be signed, sealed, or stamped by electronic means.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives
Existing rules relating to registration seals for architects, landscape architects, professional engineers, designers and land surveyors can be found in s.
A-E 2.02. Section
A-E 2.02 requires plans, drawings, documents, specifications, and reports to be signed and sealed by the registrant. These registration seals and stamps must meet specific requirements that are specified in s.
A-E 2.02.
Comparison with Federal Regulations
This is not an area which is regulated by federal law or is subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Statutory Authority
Entities Affected by the Rule
Architects, landscape architects, professional engineers, designers and land surveyor licensees.
Staff Time Required
30 hours.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Subject
Creating rule changes to s.
A-E 8.03 (5) to provide more specific language relating to the definition of responsible charge as it relates to the practice of architecture, landscape architecture, professional engineering, designing or land surveying. Section
A-E 8.03 (5) specifies the definition of responsible charge including what is not specifically included in the definition.
Policy Analysis
Objective of the rule. To update the rules to reflect changes in the profession and provide further clarification as to the meaning of responsible charge.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives
Existing rules defining responsible charge for architects, landscape architects, professional engineers, designers and land surveyors can be found in s.
A-E 8.03 (5). Sec. A-E 8.03 (5) defines responsible charge as “direct, personal, active supervision and control of the preparation of plans, drawings, documents, specifications, reports, maps, plats and charts." The definition also includes specifications as to what responsible charge does not include. Responsible charge is also given the same meaning as “direction and control." Section
A-E 8.10 specifies the requirements for direction and control of work prepared prior to being signed or stamped by licensees.
Comparison with Federal Regulations
This is not an area which is regulated by federal law or is subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Statutory Authority
Entities Affected by the Rule
Architects, landscape architects, professional engineers, designers and land surveyor licensees.
Staff Time Required
30 hours.
Pharmacy Examining Board
Subject
Chapter
Phar 7 of the Wisconsin Administrative Code defines mandatory and permissible pharmacy practice activities for a pharmacist and for a pharmacy technician. The proposed rule change would amend provisions of the current rule that relate to when and how a technician may transfer a prescription to a patient.
Policy Analysis
Objective of the rule. To clarify that technicians may transfer prescriptions to patients while maintaining the requirement that the pharmacist always provides consultation to the patient.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives
Wis. Admin. Code s.
Phar 7.01 (1) (em) was promulgated in 1998 to clarify that a residential delivery of a drug could be made to an agent of the patient. It appears in a section of the pharmacy practice chapter as a minimum dispensing procedure, among a list of duties that a pharmacist shall perform. The board's position is that when a consultation has occurred between pharmacist and patient prior to transfer, and the pharmacist is present and available, the technician can hand the receipt and product to the customer as part of the transaction. Wis. Admin. Code s.
Phar 7.015 (3) (e), which includes a list of duties that may not be performed by a technician, prohibits the transfer of a prescription to the patient or agent of the patient by a technician. Board legal counsel advises that the board meant this section to apply only to situations where a consultation is not occurring, or in other words, when a technician is working alone.
Entities Affected by the Rule
The Pharmacy Examining Board, the Wisconsin Department of Regulation and Licensing, practicing pharmacists and pharmacy technicians.
Comparison with Federal Regulations
There is no existing or proposed federal regulation for summary and comparison.
Statutory Authority
Staff Time Required
100 hours.
Workforce Development
Subject
The adjustment of thresholds for application of prevailing wage rates.
Policy Analysis
When a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49 (3g), Stats., set initial estimated project cost thresholds for application of prevailing wage rates and require that DWD adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the threshold adjustment is based on changes in the construction cost index published in the
Engineering News-Record, a construction trade publication.
This rule will adjust the thresholds for application of the prevailing wage rate based on a 3.452% increase in the construction cost index since the thresholds were last adjusted. The current thresholds are $43,000 for a single-trade project and $209,000 for a multi-trade project. The new thresholds will be $44,000 for a single-trade project and $216,000 for a multi-trade project.
Entities Affected by the Rule
State agencies, local governmental units, employers in the construction industry who contract for public works projects, and employees of these employers.
Comparison with Federal Regulations
The threshold for application of the federal prevailing wage law is a contract greater than $2,000. This threshold is in statute and is rarely adjusted.
Statutory Authority
Staff Time Required
35 hours.
