Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The DNR needs to begin work to add two new federal regulations to the State Safe Drinking Water Code. The regulations are:
1. Lead and Copper Rule minor revisions.
2. Public Notice rule revisions.
Amendment:
The DNR also needs to revise current definitions in ch. NR 809 to include acronyms where applicable. These revisions will have NO effect on meanings, but will serve to clarify later sections of the rule where acronyms are used.
This rule/Board action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
USEPA has issued revisions to existing Lead and Copper regulations and Public Notice regulations. The Department must adopt these revisions to maintain primacy for implementation of the Safe Drinking Water regulations in Wisconsin.
The Legislative Council Staff requires acronyms to be included in definitions of terms in rules.
This rule/Board action does not represent an opportunity for pollution prevention and/or waste minimization. It is an adoption of federal requirements that do not include or allow for pollution prevention.
Statutory authority:
40 CFR Parts 141, 142 and 143. State authority resides in sections 227.11 and 281.17 (8), Stats.
Anticipated time commitment:
The anticipated time commitment is 346 hours. Five public hearings are proposed to be held in February 2001 or later. There will be one hearing in each DNR region.
Regulation and Licensing
Subject:
Chs. RL 90, 91 and 92 - Relating to revision of rules to conform to current statute and rule requirements for registration and practice as a registered massage therapist or bodyworker.
Description of policy issues:
Objective of the rule:
The objective of the rule is to specify the current educational and examination requirements.
Policy analysis:
To implement the provisions of 1999 Wis. Act 98. The proposed revisions to chs. RL 90, 91 and 92 are necessary to implement legislation amending s. 440.982 (1) (b), Stats. The proposed amended rules in part modify the meaning and effect of an approved course of instruction to reflect the ability of the Department to approve courses of instruction meeting the minimum requirements set forth in s. RL 92.01 (5). Additional proposed amendments remove references to time deadlines that no longer apply to requirements for registration, and renumber those remaining sections where affected. One proposed amendment corrects a typographical error.
Statutory authority:
Section 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
100 hours.
Revenue
Subject:
Ch. WGC 63 - Relating to the Wisconsin Lottery and to the contracting of not-for-profit retailers who sell break-open pull-tab lottery products.
Description of policy issues:
Objectives of the rule:
The objective of this proposed rule is to update the permanent rule authority of the Wisconsin Lottery where not-for-profit retailers are concerned. Current administrative rules are over 9 years old, and contain limitations that are no longer consistent with the feedback expressed by some not-for-profit retailers. The feedback focused on business relationship and customer service they desire from the Lottery.
As indicated in the Prize Payout Report submitted to the Joint Finance Committee in March 2000, the Lottery is reviewing its overall business relationship with not-for-profit retailers. This review covers both the prize payout level offered for pull-tab tickets as well as the administrative and contractual activities that the Lottery performs. The proposed changes are similar in nature to those performed by Regulation & Licensing in November 1990, related to bingo and raffle gaming. In that year, the business relationship with not-for-profits was improved by the updating of administrative rules and contract language for bingo and raffle gaming. The Lottery is proposing changes that are similar to those implemented by Regulation & Licensing.
Policy analysis:
Existing policies are as set forth in the rules. The major aspect of this proposal is a change in the basis of the contractual relationship between the Lottery and not-for-profit retailers. Currently contracts are based on a limited number of events as granted by the Lottery administrator, consistent with administrative rules. This proposal changes the basis of the relationship to that of contracts awarded based on a pre-approved list of event locations as granted by the administrator, consistent with proposed rules changes. Additional proposed changes include a definition necessary to enforce this new contractual language. These changes are necessary to allow for a significant reduction in paper processing by the Lottery, to allow not-for-profit retailers to develop improved activity planning, and to deter retailers from finding creative ways of circumventing the current administrative code regarding the number of events per year that a single retailer can conduct.
Additionally, this scope proposes language that allows retailers to return unused pull-tab tickets under circumstances to be specified in administrative rule. Currently, the Lottery has little customer service ability to accept returns of sellable pull-tab tickets. The new return policy would allow returns only for defective tickets, incorrectly filled orders, or accidental over-ordering. In the case of incorrectly filled orders or over-ordering the original shipping package must be intact so that ticket security has not been compromised. In the case of defective tickets, standard Lottery security and validation procedures for other Lottery products will be applied to pull-tab ticket returns.
If the rules are not changed, they will be inconsistent with the feedback the Lottery has received from not-for-profit organizations concerning needed improvements in Lottery customer service and contract relations. Additionally, the increased sales expected from future prize payout increases as reported to the JFC will likely be lessened if these proposed changes are not completed.
Statutory authority:
Sections 565.10 and 565.12, Stats.
Estimate of staff time required:
The Department estimates it will take approximately 80 hours to develop this rule order.
Transportation
Subject:
Ch. Trans 4 - Relating to establishing cost-efficiency standards for all transit systems participating in the state aid program.
Description of policy issues:
Description of the objective of the rule:
Chapter Trans 4 establishes the Department's administrative interpretation of s. 85.20, Stats., and prescribes the administrative policies and procedures for implementing the State Urban Mass Transit Operating Assistance Program. The purpose of this rule making is to establish cost-efficiency standards for all transit systems participating in the state aid program, as required by 1999 Wis. Act 9.
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:
Under current policy, there are several cost-efficiency measures which have been created to assess transit system performance. These were formulated as an outgrowth of the Transit Advisory Council in 1997. 1999 Wis. Act 9 prohibits the Department from entering into contracts to distribute state aid until cost-efficiency standards have been incorporated into an administrative rule.
Statutory authority for the rule:
Sections 85.16 (1), 85.20 and 227.11 (2), Stats.
Estimate of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
200 person 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.
Employe Trust Funds
Rule Submittal Date
Notice is hereby given that on July 19, 2000 the Department of Employe Trust Funds submitted to the Wisconsin Legislative Council Rules Clearinghouse a proposed order affecting s. ETF 10.10.
Analysis
The subject matter of the proposed rule relates to election procedures for the Employe Trust Funds Board.
Agency Procedure for Promulgation
A public hearing will not be scheduled pursuant to s. 227.16 (2) (b), Stats.
Contact Information
If you have any questions, you may contact:
Pam Henning
Director of Legislation and Planning
Dept. of Employe Trust Funds
Telephone: (608) 267-2929
N o t i c e S e c t i o n
Notice of Hearing
Financial Institutions--Securities
