Scope statements
Commerce
Subject
Boilers and Pressure Vessels.
Objective of the rule. The objective of the rule is to update ch.
Comm 41, boiler and pressure vessel code, and to consider revisions in ch.
Comm 5 relating to requirements for certified boiler-pressure vessel inspectors and in ch.
Comm 2 relating to fees for the boiler/pressure vessel program.
Policy analysis
Since 1957 the state boiler and pressure vessel code has adopted by reference the boiler and pressure vessel code published by the American Society of Mechanical Engineers (ASME). Currently, the 1998 edition of the ASME code is adopted in ch.
Comm 41. This rule project will consider updating the state code to the 2004 edition of the ASME code. Other standards currently adopted in ch.
Comm 41 will also be reviewed for updating. This rule project will also consider making adjustments to inspection thresholds and adding new rules for the inspection of steam traction engines.
Chapter
Comm 5 contains the Department's requirements relating to licenses, certifications and registrations, including the certification of persons who inspect boilers and pressure vessels. This rule project will consider changes in the requirements for renewal of the boiler-pressure vessel inspector certification.
Chapter
Comm 2 establishes fees for the services provided by the Department. This rule project will consider addressing administrative and enforcement issues relating to how the fees are charged and collected for the boiler/pressure vessel program services.
The alternative of not updating ch.
Comm 41 would result in the state code not being up-to-date with current nationally recognized standards for the design, installation, operation and repair of boilers and pressure vessels.
Statutory authority
Staff time required
The Department estimates that it will take approximately 400 hours to develop this rule. This time includes meeting with an advisory council, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Elections Board
Subject
Section Elections Board 1.28. Scope of regulated activity; election of candidates. Relating to defining the term “political purpose".
Policy analysis
Objective of the rule. To amend the Elections Board's existing rule to more clearly define that activity which is subject to regulation by chapter 11 of the Wisconsin Statutes to reach pre-election activity in which clearly identified candidates are discussed.
Under the existing statute, (s.
11.01 (16), Stats.) and rule, (s. ElBd 1.28), individuals and organizations that do not spend money to expressly advocate the election or defeat of a clearly identified candidate, or a vote “Yes" or vote “No" at a referendum, are not subject to campaign finance regulation under ch.
11 of the Wisconsin Statutes. The term “expressly advocate" has been limited to so-called “magic words" or their verbal equivalents. The Wisconsin Supreme Court, in WMC v. State Elections Board,
227 Wis.2d 650 (1999), has opined that if the Elections Board wishes to adopt a more inclusive interpretation of the term “express advocacy," it must do so by way of a rule. The United States Supreme Court, in McConnell et al. v. FEC et al., (No.02-1674), in a December 10, 2003 opinion, has said that Congress and state legislatures may regulate political speech that is not limited to “express advocacy."
The new rule will more clearly specify which communications, that go beyond express advocacy, are subject to regulation and which are not.
Statutory authority
Staff time required
50 hours of staff time.
Gaming
Subject
The Department of Administration proposes to repeal s.
Game 23.02 (2), relating to purses paid to greyhound owners in Wisconsin.
Policy analysis
Section
Game 23.02 (2) was created in the Department's rulemaking order (03-070). The Department proposes the repeal of this section due to the unforeseen hardship that it has created on the Wisconsin racetracks. This financial hardship presents itself in multiple ways. The racetracks rely on an outside vendor to compute the purses earned by all individuals. The vendor produces a similar system for most greyhound racetracks in the country. The purses are generated by the amount of money wagered on all races over a period of time. The current system does not provide for bonus purses to be paid out based upon the residency of certain owners. The current system would have to be reprogrammed at a significant cost to the racetracks. Although the bonus purses could be calculated and paid without a computer, it would create excessive clerical work that would also be costly to the racetracks.
Additionally, Geneva Lakes Greyhound Track committed to paying a minimum payout of purses to the greyhound and kennel owners that race in Delavan. Geneva Lakes Greyhound Track will supplement out of their own money any purse amount that does not exceed the minimum payout. As a result of paying the bonus purse to Wisconsin owned greyhounds, the variance between the actual purse and the minimum purse is increased and the financial liability to the racetrack is increased. Since this supplement is voluntary, the racetrack has indicated that it will probably have to cease the supplemental purses to the participants. This would result in reduced payments to the vast majority of the kennel owners and greyhound owners participating at the racetrack.
Statutory authority
Staff time required
Approximately 20 hours of department staff time will be needed to promulgate the rule.
Natural Resources
Subject
Proposed revision of chapter NR 219, Wis. Adm. Code pertaining to the updating of ch.
NR 219 reflects the current laboratory analytical methodologies. These methodologies have been updated in federal rule. The following Federal Registers contained these updates: 04/15/1998, 09/21/1998, 12/30/1999, 01/16/2001, 8/31/2001, 10/23/2002, 10/29/2002, 07/21/2003, and 09/19/2003.
Policy analysis
The majority of this proposal reflects no change in existing policy. The addition of required extraction clean-up procedures does reflect a change in policy. Currently, clean-up procedures are optional steps in the methodology for determining PCBs in sludge. Most laboratories do not use all of the clean-up procedures necessary to enable proper chromatography of sludge samples. This proposal requires that all or some of these steps be used for proper quantitative results of PCBs present in sludge.
Statutory authority
Staff time required
Approximately 40 hours will be needed by department staff to develop the proposed revisions.
Natural Resources
Subject
Chapter
NR 20 pertaining to sport fishing for yellow perch in Lake Michigan.
Policy analysis
In 2002 the Natural Resources Board adopted NRB Order FH-04-02, changing the closed season for sport fishing for yellow perch in Lake Michigan. The Department had recommended the change in order to provide additional protection to spawning female yellow perch each spring.
Recently the Department received a petition asking for the closed season to be reduced. The Department's obligations regarding petitions are described in s 227.12 Stats. Although we may not be obligated to bring this issue to your attention in the form of a rule proposal, we are doing so in order to allow you to consider the issue. We will draft a rule under which the closed season would be reduced. Department staff will compile relevant information for your review. We do not recommend adoption of the proposed rule or approval of public hearings.
Statutory authority
ss. 29014 (1), 29.041 and 227.11 (2) (a), Stats.
Staff time required
Approximately 20 hours will be needed.
Natural Resources
Subject
Creation of NR 341 – Grading on the Banks of Navigable Waterways.
Revision of NR 216 – Storm Water Discharge Permits.
