Subject:
Ch. ATCP 48 - Relating to the County Drainage Board Grant Program.
Description of policy issues:
Preliminary objectives:
This rule will establish standards for the county drainage board grant program under s. 88.15, Stats., as required by s. 88.15 (2), Stats. Under the grant program, DATCP will distribute grants to county drainage boards to help them comply with new requirements under ch. 88, Stats., and ch. ATCP 48, Wis. Adm. Code. This rule will address:
• Grant eligibility requirements.
• Grant application procedures.
• Grant allocation criteria.
• Grant distribution procedures.
• Other issues related to the administration of the grant program.
Preliminary policy analysis:
County drainage boards are responsible for the construction, administration, maintenance, and repair of drainage districts. Drainage districts are local government districts organized to drain lands for agricultural or other purposes. Landowners in a district who benefit from drainage must pay assessments to cover the cost of constructing, administering, maintaining, and repairing the drainage system. Drainage districts have a major impact on land use, landowners, and the environment.
Drainage districts are governed by ch. 88, Stats., and ch. ATCP 48, Wis. Adm. Code. County drainage boards must administer drainage districts according to these legal requirements. Recent changes to ch. 88, Stats., and ch. ATCP 48 have imposed major new requirements. Among other things, county drainage boards must establish and document comprehensive engineering specifications for drainage districts, and must maintain district drains according to those specifications.
In the short run, drainage districts will incur additional costs to implement these requirements. In the long run, these changes will facilitate drainage district operations, avoid costly disputes, and protect landowners and the environment.
The 1999-2001 biennial budget act established a county drainage board grant program to help county drainage boards comply with the new requirements. The grant program will provide a statewide total of $500,000 in grant assistance per year, starting on July 1, 2000, and ending on June 30, 2006. DATCP may award grants to reimburse up to 60 percent of a county drainage board's cost to comply with the new state statutes and rules.
The Legislature directed DATCP to adopt rules for the grant program. DATCP is proposing this rule to comply with the statutory directive.
Policy alternatives:
DATCP is required to adopt rules for the county drainage board grant program, and has no alternative but to do so. DATCP will consult with county drainage boards and other affected groups as it develops the rules. Key issues will include grant eligibility requirements, and criteria for allocating grant funds among county drainage boards.
Statutory authority:
Section 88.15 (2), Stats., requires the Department to adopt rules for the county drainage board grant program.
Anticipated time commitment:
The Department estimates that it will use approximately 0.5 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory committee discussions, and communicating with affected persons and groups. The Department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject:
Ch. ATCP 92 - Relating to Commercial Weighing and Measuring Devices; Inspection Standards.
Description of policy issues:
Preliminary objectives:
Establish inspection standards for commercial weighing and measuring devices to improve statewide consistency.
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.
