Scope statements
Agriculture, Trade and Consumer Protection
Subject
• Establishing flat fees for plant inspection and certification services. The flat fees will cover the cost of providing these services to persons requesting them.
• Establishing rules to prevent imports of Hemlock Woolly Adelgid (Adelges tsugae Annand). This serious pest attacks native and ornamental hemlock. It can be transported on nursery stock, logs, lumber with bark, uncomposted bark chips, and uncomposted bark.
Policy analysis
Inspection and certification service fees. The department administers a plant pest inspection and certification program in cooperation with the United States Department of Agriculture and other states. This program facilitates interstate and international shipments of Wisconsin plants and plant commodities by certifying that they are free of regulated pests. The program helps prevent the spread of injurious pests, and makes it possible for Wisconsin to export approximately $20 million in plant products annually.
The department currently charges fees to persons requesting inspection and certification services. The current fee is $15.00 for a certificate, plus mileage (at $0.325 cents/mile), meals, lodging and staff time (at $20.00/hour, with a $20.00 minimum). The current fee results in different charges based solely on business location. For example, a lumber mill in LaCrosse pays more for the same service than a lumber mill in Madison. Because the LaCrosse mill is located further from state inspectors, it must pay higher fees for mileage, meals, lodging and hourly expenses.
The current fees also provide insufficient revenues to pay for other key plant protection responsibilities such as pest surveys, trapping, laboratory analysis and administrative costs. The department proposes to set a flat fee of $30.00 per certificate, which will include miles, meals, lodging and hours required for inspection. The department estimates that this fee will provide greater equity and generate additional program revenue for the plant protection program.
Rules to Prevent Imports of Hemlock Woolly Adelgid. Hemlock Woolly Adelgid (Adelges tsugae Annand) is a serious pest of hemlock trees. It can kill hemlocks in as little as 4 years. Hemlock trees are a component of at least four plant communities in Wisconsin and contribute to the diversity of much of northern Wisconsin. Hemlock is a long-lived, late successional tree that provides habitat for wildlife, including endangered species.
Hemlock Woolly Adelgid has not yet been found in Wisconsin. But it has infested portions of 11 states. It can be transported on nursery stock, logs, lumber with bark, uncomposted bark chips, and uncomposted bark. Four states, including Maine, Michigan, New Hampshire and Vermont, have established import controls to prevent imports of this pest to those states.
The department proposes similar controls to protect Wisconsin from infested imports of plant materials, wood and wood products. Import shipments from infested areas would likely need a phytosanitary certificate certifying that the imported materials have been inspected by officials in the state of origin, and are not infested.
Statutory authority
Staff time required
The department estimates that it will use approximately 0.50 FTE staff time to develop this rule change. This includes research; drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Agricultural Producer Security Program: Grain Dealers, Grain Warehouse Keepers, Milk Contractors and Vegetable Contractors.
Chs. ATCP 98, 99 and 100, Wis. Adm. Code (existing chapters to be repealed).
Ch.
ATCP 96, Wis. Adm. Code (new chapters to be created)
Objective of the rule. Update the agricultural producer security program rules to conform to the new statutory program established in
2001 Wisconsin Act 16 (new chapter 126, Stats.).
Policy analysis
DATCP administers programs to protect agricultural producers against catastrophic financial defaults by grain dealers, grain warehouse keepers, dairy plant operators and vegetable contractors.
Before January 1, 2002, DATCP licensed grain dealers and grain warehouse keepers under ch.
127, Stats. DATCP also licensed milk contractors under s.
100.06, Stats., and vegetable contractors under s.
100.03, Stats. DATCP administered related rules under chs.
ATCP 98, Wis. Adm. Code (vegetables), ATCP 99 (grain) and ATCP 100 (dairy). The department licensed contractors, and reviewed contractor financial statements. Contractors who failed to meet specific financial standards were required to file security to protect agricultural producers. The department held nearly $200 million in security.
Beginning in 2002, licensing and regulation of all of these contractors (grain, milk and processing vegetables) was consolidated in a new chapter 126, Stats., with the addition of an agricultural producer security fund, financed by industry assessments. This “insurance pool" is substituted for the former program of individual security. The fund is backed by industry surety bonds (one each for grain, milk and processing vegetables) and by a blanket bond, purchased with fund proceeds. This law change was designed to improve security protection for producers, extend program coverage to previously unregulated “handlers" and “producer agents", reduce industry costs, and free industry working capital for other uses. The law change fundamentally altered the organization and administration of producer security programs.
The current administrative rule chapters (chs.
ATCP 98,
99 and
100) do not conform to the new statutory provisions. A new consolidated rule chapter, updating all aspects of the current rules and developing new provisions as needed, will help clarify the new system.
Policy Alternatives
Maintain current rules as written. This is not a viable alternative. Current rules are no longer consistent with state law or the new security program.
Statutory authority
DATCP proposes to repeal chs.
ATCP 98,
99 and
100, Wis. Adm. Code, and create ch.
ATCP 96, Wis. Adm. Code, under authority of s.
126.80, Stats.
Staff time required
DATCP estimates it will use approximately 1.0 FTE staff to develop this rule. This includes drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. The department will use existing staff to develop this rule.
Financial Institutions - Credit Unions
Subject
Chapter
DFI-CU 72, relating to member business loans.
Policy analysis
The objective of the rule is to create ch.
DFI-CU 72. The rule provides certain criteria, exemptions, prohibitions and waivers; establishes procedures for programs and criteria for policies; sets forth collateral, security and record keeping requirements; and sets forth limitations, calculations and classifications relating to member business loans. The rule would be the implementing provision under state law authorizing credit unions to make loans to their members. The promulgation of this rule has been approved by the Credit Union Review Board.
Statutory authority
Staff time required
40 hours.
Financial Institutions - Corporate and Consumer Services
Subject
Chapter
DFI-CCS 10, relating to certain fees for partnerships, corporations, limited liability companies and cooperatives. The objective of the rule is to create ch.
DFI-CCS 10.
Policy analysis
2001 Act 16 amended ss. 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2) and (4), 181.0122 (1) (zm), (2) and (4), 183.0114 (1) (t) and (u), and 185.83 (1) (d) and (h); repealed s. 179.16 (4), 180.0122 (1m), and 185.83 (1) (f) and (1) (fm); and repealed and recreated s. 182.01 (4), Stats. The act authorizes the Department of Financial Institutions to adopt rules pertaining to certain fees for partnerships, corporations, limited liability companies and cooperatives.
Statutory authority
Staff time required
40 hours.
Health and Family Services
Subject
The Department proposes to modify ch.
HFS 173, the rules regulating tattooists, tattoo establishments, body piercers and body-piercing establishments. Currently, no education or apprenticeship requirements are in place to assure minimal standards for practitioners and new definitions are needed to reflect changes in the body art profession. The rule modification would require all licensed practitioners to attend department approved health and safety courses to retain their licenses. This would be known as practitioner education requirements. In addition, all new practitioners shall need to have an apprenticeship completed prior to obtaining a license.
Policy analysis
The Department or designated local health departments administer and enforce the licensing of tattooists and body piercers under ch.
HFS 173. Chapter
HFS 173 became effective on August 1, 1998. Since then, the Department has received monthly complaints of infections or improper actions resulting from poor practitioner procedures. Consequently, the Department is concerned that too high a potential for disease transmission or infection due to improper piercing or tattoo procedures may exist.
The Department believes that the public's interest would best be served by establishing educational and apprenticeship requirements for tattoo and body piercing practitioners. Such educational and apprenticeship standards would likely reduce the public's exposure to communicable disease and infection. Previously, a body art committee established by the Department and composed of industry, regulatory and medical personnel, expressed the unanimous opinion that the most effective method to assure proper training is to have the training or apprenticeship programs developed by individuals under criteria established by an education sub-committee and approved by the Department. The proposed rules would specify that individuals and instructors of the training or apprenticeship programs would also need to meet certain criteria established by the education sub-committee to qualify as trainers. Therefore, the Department is proposing to create practitioner training requirements to assure that all licensed practitioners have adequate knowledge in transmittable diseases, infections and sterilization techniques. The Department also anticipates the need to add new or modify some existing definitions.
To ensure the development of appropriate educational and apprenticeship program standards, the Department will further consult with the body art committee. The Department anticipates that private entities would instruct the required training courses. The Department would verify that practitioners had completed approved training courses and apprenticeships before the Department issues a practitioner's license. A practitioner failing to meet the resultant education and apprenticeship requirements would be ineligible for license renewal and thus unable to practice the art of body piercing or tattoo. However, the elimination of noncompliant practitioners should contribute to reducing the number of complaints or infections resulting from poor practitioner procedures.
The Department projects that a practitioner's annual cost for attending an approved training course would be about $100 or roughly the cost of a tattoo or body piercing establishment annual license under s.
HFS 173.04 (1) (b). The Department anticipates the apprenticeship training cost to vary in the range from $500 to $800 for a six-month training period. Therefore, these requirements may result in new tattooists and body piercers incurring an additional cost of several hundred to a thousand dollars.
Statutory authority
Staff time required
The Department estimates that the work associated with preparing a proposed rulemaking order will require approximately 500 hours of staff time over one-year to convene and conduct meetings of the advisory body art rule committee and prepare the rulemaking order and fiscal estimate.
Insurance
Subject
To consider changes to the regulation of credit insurance in Wisconsin.
Policy analysis
Consideration of loss ratio requirements, use of prima facia rates, types of coverage permitted, limits to the amount and duration of coverage for various types of credit insurance and other aspects of the regulation of credit insurance. The alternative to consideration of changes is to leave the current requirements unchanged.
Statutory authority
Sections
424.209,
601.01,
601.415 (9),
601.42,
623.06,
625.11,
625.12,
625.34,
631.20,
632.44 (3) and
632.60, Stats., and chs.
421,
422 and
424, Stats.
Staff time required
300 hours.
Natural Resources
Subject
Chapter
NR 20, relating to fishing on inland waters and outlying waters.
Policy analysis
Sport fishing for yellow perch on Lake Michigan is closed during June. During the other months, yellow perch are protected by a low (5-fish) daily bag limit. These rules protect yellow perch from excessive harvest but still leave spawning females vulnerable to sport fishers during May, which is the early part of the spawning season. In order to provide additional protection to the remaining adult yellow perch during the spawning season, the Department is advancing a permanent rule change that would modify the closed season to have it run from May 1 through June 15 each year. That proposal will be considered in the spring hearings this year, but would not take effect until 2003. In order to assure adequate protection of vulnerable female yellow perch during 2002, the Department is proposing to implement the rule change in 2002 through adoption of an emergency order.
Statutory authority
Staff time required
16 hours.
Natural Resources
Subject
Chapter
NR 20, relating to sport fishing on inland waters.
Policy analysis
There are no policy issues involved; this rule making process is the yearly administrative process to make minor, non-controversial changes to sport fishing regulations.
Statutory authority
Staff time required
110 hours.
Psychology Examining Board
Subject
To make minor changes to existing rules to remove inconsistencies and correct oversights.
Objective of the Rule. Minor changes to existing rules.
Policy analysis
The proposed rule changes will merely conform existing rules to existing practices. The board may undertake a review of all its rules in order to identify inconsistencies, omissions and language that should have been removed as part of earlier rule changes.
Statutory authority
Staff time required
80 hours.
