Description of objective(s):
To repeal three chapters of administrative rules for which there is no longer rulemaking authority or that no longer serve a purpose.
Description of policies -- relevant existing policies, proposed new policies and policy alternatives considered:
The three chapters of administrative rules that will be repealed because they are obsolete are the following:
1) Chapter HFS 10 states how a county or the state may apply for relief and how the Department is to conduct a hearing on that application when the county or state believes it is improperly charged for the cost of a person's care at a mental institution or child care institution operated by the Department or by a county. The statute relating to these hearings and the rules date from a time when the charge for the cost of care of persons at public charge was based on legal settlement. The statute was repealed in 1985. No old cases remain for resolution.
2) Chapter HFS 67 was created in 1982 to establish a low-income standard for allocating state supplemental funds to counties and tribal governing bodies providing meals in connection with the nutrition program for the elderly under s. 46.80 (5), Stats., and to counties and tribal governing bodies operating a non-federally funded senior companion or retired senior volunteer project authorized by s. 46.85, Stats. Section 46.80 (5) (c), 1991-92 Stats., directed the Department to define by rule the low income standard. The rulemaking requirement was repealed by 1993 Wis. Act 16.
3) Chapter HSS 118 was created in 1950 by the State Board of Health to protect the confidentiality of personally identifiable information included in health records obtained by Board staff in the conduct of official business. Subsequently, numerous health information confidentiality statutes were enacted. Until recently, however, they did not cover health information obtained by Board/Department health researchers directly from individuals. That was remedied when 1993 Wis. Act 27, effective January 1, 1994, created s. 250.04 (3) (b) 3., Stats., which provides explicit statutory protection to personally identifiable information included in completed health questionnaires and surveys.
Statutory authority:
Section 46.106 (4), 1983-84 Stats., s. 46.80 (5) (c), 1991-92 Stats., and ss. 227.11 (2) and 250.04 (7), Stats.
Estimates of staff time and other resources needed to develop the rules:
Estimated hours of staff time - 12 hours
Public Defender
Subject:
S. PD 3.038 (2) - Relating to the calculation of indigency.
Description of policy issues:
The primary objective of the proposed rule is to establish the criteria to be used when determining whether a Wisconsin Works (W-2) participant qualifies for public defender representation. W-2 will replace the Aid to Families with Dependent Children (AFDC) program. Although the Office of the State Public Defender (SPD) presently has rules governing the eligibility of people who receive AFDC, it does not have rules governing the eligibility of W-2 participants; thus, the SPD needs to promulgate rules related to the eligibility of W-2 participants.
Also, the proposed rule will delete the references to AFDC, relief of needy Indian persons, and general relief, as these programs either are or will be discontinued.
Statutory authority:
Section 977.02 (2m) and (3), Stats.
Anticipated time commitment:
The anticipated time commitment is 20 hours.
Regulation & Licensing
Real Estate Board
Subject:
RL Code - Relating to clarification of administrative rules relating to real estate brokers and salespeople.
Description of policy issues:
Objective of the rule:
The changes being recommended relate to such issues as statutory authority, form, style and placement of provisions, conflicts or duplication of existing rules, the adequacy of references to related statutes, rules and forms, and the clarity, grammar, punctuation and use of plain language. They also include a provision to address the Americans With Disabilities Act, passing scores of licensing examinations, examination review and dishonest acts by examination candidates.
Policy analysis:
The proposed amendments will be made to many areas throughout the existing rules. With one possible exception, only minor changes would be made to existing rules. These changes should be made, since some references are no longer correct and some provisions are not consistent with recent statutory changes. As for ch. RL 22, the alternatives are to make several minor changes to this chapter or to repeal the whole chapter. The latter decision would be based on a determination by the Department and the Board that there is little need for apprentices in today's brokerage practices and that the use of unlicensed personal assistants has replaced the use of apprentices. Very few apprentices have been employed by brokers over the years since this chapter was created in 1972.
Statutory authority
Sections 227.11 (2), 440.42 (3) (b), 452.04, 452.05 and
452.07, Stats.
Estimate of the amount of state employe time and any other resources that will be necessary to develop the rule:
10 hours.
Regulation & Licensing
Subject:
RL Code - Relating to clarification of administrative rules for charitable organizations and professional fund-raisers.
Description of policy issues:
Objective of the rule:
To make modifications relating to such issues as statutory authority, form, style, placement, clarity, grammar, punctuation and plain language. To clarify several elements in the definition of “solicit” as that term applies to the activities of a professional fund-raiser and to distinguish between solicitation by a professional fund-raiser and mailings made by a mailing service. To amend the requirement that a charitable organization which has received contributions in excess of $100,000 during its most-recently completed fiscal year must file with the Department an audited financial statement for the charitable organization's most recently-completed fiscal year.
Policy analysis:
Section 440.41 (8), Stats., defines “solicit” as “to request, directly or indirectly, a contribution and to state or imply that the contribution will be used for a charitable purpose or will benefit a charitable organization.” Section 440.41 (9), Stats., includes in the following elements in the definition of “solicitation”: “oral or written request” and “announcement to the news media or by radio, television, telephone, telegraph or other transmission of images or information concerning the request for contributions by or for a charitable organization or charitable purpose.” If a person solicits contributions on behalf of a charitable organization, it is required to register as a professional fund-raiser.
Section 440.42 (3) (b), Stats., requires a charitable organization which has received contributions in excess of $100,000 during its most-recently completed fiscal year to file with the department an audited financial statement for the charitable organization's most recently-completed fiscal year.
This rule-making proposed to create language which clearly excludes mailing services from the definition of “solicit” and the definition of “solicitation,” provided that the mailing services do not put forth their name as the solicitor of contributions. An alternative is to not address this issue by rule, but to simply permit a reasonable interpretation of the applicable statutes to speak for itself.
This proposal also would permit the Department to indefinitely extend the time during which a charitable organization would have to submit an audited annual financial statement if the charitable organization in a given fiscal year had an unexpected and usual increase in its usual contribution, causing the charitable organization to have to obtain an audit for which it had not budgeted. The extension would, however, include the proviso that the department could demand an audited financial report at any time in the future, if the department has a need for it. An alternative would be to raise the $100,000 threshold for all charitable organizations and to require an audited financial statement when organizations exceed the higher dollar amount.
Statutory authority:
Sections 227.11 (2) and 440.42 (3) (b), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
10 hours
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
Rule Submittal Date
Notice is hereby given that on August 25, 1997, the Wisconsin Department of Agriculture, Trade and Consumer Protection referred a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides. Public hearings are required and will be held after the Wisconsin Legislative Council Rules Clearinghouse completes its review of the proposed rule.
Agency Procedure for Promulgation
The Division of Agricultural Resource Management is primarily responsible for promulgation of this rule.
Contact People
If you have questions regarding this rule, you may contact:
Jim VandenBrook
Telephone (608) 224-4501
Division of Agricultural Resource Mgmt.
Attorney James Matson
Telephone (608) 224-5022
Commerce
Rule Submittal Date
On August 18, 1997, the Department of Commerce submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. Comm 5, relating to credentials.
Agency Procedure for Promulgation
A public hearing is required. The agency unit responsible for promulgation of the rule is the Safety and Buildings Division.
Contact Person
Ron Acker
