Scope statements
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions.
Objective of the rule. Modify the rule to create restrictions on the use of pesticides applied as fumigants that contain Metam-sodium as an active ingredient
Policy analysis
DATCP regulates distribution and use pesticides under s.
94.67-
94.715, Stats. Pesticides are substances or mixtures of substances labeled or intended for use in preventing, destroying, repelling or mitigating any pest, or as a plant regulator, defoliant or desiccant. Metam-sodium is a pesticide applied as fumigant.
Metam-sodium is a toxic and corrosive pesticide that is registered for use as a fumigant by the US Environmental Protection Agency. The EPA approved label for this registration specifies use directions and precautions to be followed by persons applying the pesticide. The compound is used in Wisconsin to treat fields on which potatoes will be grown. ATCP 30 was modified in 1998 to include restrictions and conditions on the use of metam-sodium. The department has recently received input from the public that some of the current use restrictions and conditions should be modified to further reduce the potential for adverse health effects to humans that could result following use of the fumigant.
The registration for metam-sodium is currently under review by EPA, but no timeline for this process has been established. No other restrictions, outside of the registered label, are in place or are being proposed by EPA.
DATCP proposes to consider revisions to the current rule including:
•
Additional mandatory setbacks between treatment sites and day care centers and other areas to reduce the potential for human exposure.
•
Modification of use and post-treatment practices.
•
Clarification of weather and site related limitations on use.
•
Clarification of posting and other pre-application notification requirements.
•
Specification of application monitoring, response and reporting requirements.
•
Specification of reporting requirements.
•
Other appropriate requirements based on evaluation of stakeholder input.
Policy alternatives
No change. Use of the fumigant in Wisconsin is expected to continue. It appears that current label restrictions can be improved to reduce the potential for human exposure.
Statutory authority
DATCP proposes to revise chapter ATCP 30, Wis. Adm. Code, under authority of ss.
93.07 and
94.69, Stats.
Staff time required
DATCP estimates that it will use approximately 0.2 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Health and Family Services
Subject
Objective of the rule. The Department of Health and Family Services proposes to create ch.
HFS 19, relating to rules that disclose in advance the discretion that the agency will use in the enforcement of rules and guidelines against a small business.
Policy analysis
2003 Wisconsin Act 145, created effective July 1, 2004, s.
895.59, Stats., which requires each state agency to promulgate a rule that requires the agency to disclose the discretion that the agency will use in the enforcement of rules and guidelines against small businesses.
The rules created under s.
895.59, Stats., are required to include a reduction or waiver of penalties for voluntary disclosure by a small business of actual or potential violations of rules or guidelines. Section
895.59, Stats., further requires that the rule specify when the use of discretion in the enforcement of a rule or guideline against a small business will not be allowed. Section
895.59 (2), Stats., includes a list of circumstances under which discretion is not allowed. These circumstances must also be included in the rule. The rules may include consideration of a violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge.
“Small business" as defined under s.
895.59 (1) (b), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer employees or which has gross annual sales of less than $5,000,000. Entities that are covered under ss.
48.685 and
50.065, Stats., also known as the Caregiver Law are not considered small businesses for the purposes of s.
895.59, Stats., or any rule created under that section.
The Department proposes to create a rule consistent with the requirements of s.
895.59, Stats.
Statutory authority
Staff time required
The Department estimates it will take approximately 160 staff hours to promulgate the proposed rules.
Entities affected by the rules
Entities that may be affected by the proposed rules include the following: Emergency Medical and Ambulance Service Providers; Asbestos & Lead Abatement Providers, Consultants, and Trainers; Hotels and Motels; Bed and Breakfasts; Tourist Rooming Houses; Recreational and Educational Campgrounds; Restaurants (including mobile restaurants); Tattoo and Body Piercing Establishments; and Tanning Bed Facilities; and Medical Assistance providers.
Comparison to federal regulations
There appear to be no proposed or existing federal regulations that are intended to address the activities to be regulated by the proposed rule.
Hearing and Speech Examining Board
Subject
Various changes relating to the regulation of hearing instrument specialists, speech-language pathologists and audiologists.
Explanation of the agency's statutory authority to promulgate the rules
The agency has the authority to promulgate the rules under authority granted by
2003 Wisconsin Act 270 and by existing statutory authority.
The board will write rules to exempt new licensees from having to report continuing education hours at the time of the first renewal date following initial licensure. (Refer to ss.
459.09 (1) (b),
459.12 (1),
459.24 (5) (b) and
(5m), Stats.)
The board will write rules to add a hardship provision and designate a period of validity for the temporary license coterminous with a failure to take the next available examination under s.
459.24 (6) (c), Stats.
The board will write rules to allow an equivalency decision for the postgraduate clinical fellowship in speech-language pathology on the basis of education or training received. (Refer to s.
227.11, Stats.)
The board will now allow supervision under a training permit by audiologists. (Refer to s.
459.12 (1), Stats.)
The board will write rules to define unprofessional conduct for audiologists and speech-language pathologists. (Refer to ss.
227.11 and
459.12 (1), Stats.)
Policy analysis
Changes are being proposed to implement
2003 Wisconsin Act 270. Exempting new licensees from the initial renewal period is an attempt to allow time for compliance with the continuing education requirements.
Designating a period of validity for the temporary license adds a hardship provision to accommodate certain delays in taking the examination that are beyond the control of the applicant and gives the board the ability to terminate the temporary license upon failure of an applicant to take the next available examination, thereby encouraging examination at the earliest possible date.
Allowing an equivalency decision for the postgraduate clinical fellowship in speech-language pathology on the basis of education or training adds flexibility for the board in reviewing an applicant's overall education and training for fitness to be licensed.
Allowing supervision under a temporary license by audiologists increasing training opportunities for those working under a permit and allows audiologists to supervise the training.
Rules defining unprofessional conduct for audiologists and speech-language pathologists will provide clear guidance to license holders as to what constitutes unprofessional conduct and extend additional options to the board in its efforts to protect public health and safety through enforcement action.
Comparison to federal regulations
None. Checked the U.S. Code and Federal Register.
Statutory authority
Staff time required
150 hours.
Natural Resources
Subject
Objective of the rule. The Department requests authorization to begin development of an administrative rule establishing a voluntary registry of professional loggers. Such a "Cooperating Professional Timber Producer Program" would be patterned along the lines of the Cooperating Forester Program in ch.
NR 1.213, Wis. Adm. Code. The objective of the proposed program is to improve sustainable management of Wisconsin's forests by providing land managers with names of logging firms that willingly agree to training standards and principles of conduct.
Policy analysis
Harvesting timber is a key element in Wisconsin's annual $20 billion forest products industry. The point at which timber is cut can have a profound impact on soil stability, water quality, endangered resources, cultural heritage, forest aesthetics and many other values. While only an estimated 20% of private timber in Wisconsin is cut with the help of a trained forester, nearly all harvests involve a logger (the exception being landowners who cut their own trees). Helping land managers make informed decisions about selecting well trained, professional loggers can go a long ways in protecting the productivity of the forest resource.
A number of state agencies including DNR, DATCP and UWEX provide educational materials to landowners to help them avoid complications with questionable timber cutting practices. Many people remain uncertain, however, about harvesting. Concern about the quality of logging and long-term consequences of potentially destructive logging is common, especially for most landowners that may sell timber only once or twice in their lifetimes.
When people turn to the Department of Natural Resources for lists of timber producers to contact, there is an expectation that some filter for proficiency will be given. A program establishing sideboards will help the agency consistently and fairly distinguish among firms. Currently, the best the Department can do is recommend that land managers inquire about loggers' qualifications and professional association memberships, look into references, or check for convictions and judgments.
Considering the impact logging has on social, commercial and environmental values, the mission of the Department would be served if we were able to offer names of loggers agreeing to certain standards. To that end, the Department proposes establishment of a Cooperating Professional Timber Producer program. A similar program for private enterprise foresters was established under Chapter
NR 1.213, Wisconsin Administrative Code in 1989 and is quite successful. Participants in a professional timber producer program would need to meet entry standards and voluntarily adhere to ethical and silviculture principles, as is required in the Wisconsin Cooperating Forester program. The specifics of the program would be worked out with an ad hoc team including loggers and other stakeholders prior to requesting Board consent for hearings in spring 2005.
Statutory authority
Staff time required
Approximately 170 hours will be needed by the Department. An ad hoc team of stakeholders should develop the rule and draft a Cooperating Professional Timber Producer Agreement form. Three public hearings are recommended prior to Board consideration for adoption.
Comparison to federal regulations
There are numerous laws and regulations related to environmental protection (e.g. spills of petroleum products), transportation (e.g., highway load restrictions), timber theft, zoning restrictions (e.g., cutting vegetation in riparian management zones), endangered species protection, workers compensation insurance, OSHA safety regulations, etc. that affect timber producers. Logging firms are not otherwise specifically regulated or licensed under Wisconsin or federal laws. The proposed Cooperating Professional Timber Producer program would not create any new mandatory requirements.
Regulation and Licensing
Subject
Revisions to administrative rules relating to the regulation of licensed and certified real estate appraisers.
Objective of the rule. To clarify and update the administrative rules relating to the regulation of licensed and certified real estate appraisers. Recommended changes relate to:
[1] Revisions to the application, examination, experience, qualifying education, continuing education and renewal requirements for licensed and certified real estate appraisers to reflect changes made to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria adopted by the Appraisers Qualifications Board (AQB) of the Appraisal Foundation on February 20, 2004.
[2] Revisions to the education and experience audit requirements for licensed and certified real estate appraisers to reflect the changes to Statement 10 of the Policy Statements Regarding State Certification and Licensing of Real Estate Appraisers proposed by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
[3] Revisions relating to unprofessional conduct.
[4] Clarity, grammar, punctuation and use of plain language.
Policy analysis
Existing policies are contained in Chapters
RL 80-
87 and Appendix
I. The proposal would revise:
[1] Definitions.
[2] Applications, examination, experience, qualifying education, continuing education and renewal requirements.
[3] Rules of unprofessional conduct.
[4] Make minor, technical and grammatical changes.
Federal Regulations
A. Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA").
(1) In general:
The Federal Institutions Reform, Recovery, and Enforcement Act (“FIRREA"),
12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a state certified or licensed appraiser for appraisals conducted in connection with “federally related transactions."
Under FIRREA, the Appraisal Subcommittee of the Federal Financial Institutions Examination Council is required to monitor state appraiser certifying and licensing agencies for the purpose of determining whether a state agency's policies, practices, and procedures are consistent with the federal law. The Appraisal Subcommittee may not recognize appraiser certifications and licenses from states whose appraisal policies, practices, or procedures are found to be inconsistent with FIRREA. Before refusing to recognize a state's appraiser certifications or licenses, the Appraisal Subcommittee must provide that state's certifying and licensing agency with a written notice of its intentions not to recognize the state's certified or licensed appraisers and ample opportunity to provide rebuttal information or to correct the conditions causing the refusal. A decision of the Subcommittee to refuse to recognize a state's appraiser certifications or licenses is subject to judicial review.
12 U.S.C. 3331 et seq.
In 1997, the Appraisal Subcommittee adopted the
Policy Statements Regarding State Certification and Licensing of Real Estate Appraisers, which all states must comply with. [The Appraisal Subcommittee's Policy Statements are available at:
http://www.asc.gov.]
(2) Appraiser Qualifications:
Under FIRREA, the state criteria for the qualifications of
certified real estate appraisers must meet the minimum qualifications criteria for certification established by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. The minimum qualifications criteria established by the AQB are set forth in the
Real Property Appraiser Qualification Criteria and Interpretations of the Criteria (“Criteria"). The AQB Criteria includes the minimum experience, examination, qualifying education and continuing education requirements that must be satisfied by an individual in order to obtain and maintain a
certified appraiser credential. [The AQB Criteria is available on the Internet at:
http://www.appraisalfoundation.org.]
Under FIRREA, the states may establish their own qualifications and requirements for licensed appraiser credentials. The states are not obligated to adopt the minimum experience, examination, education and continuing education requirements recommended by AQB for the licensure of real estate appraisers. However, the Appraisal Subcommittee recommends that all states adopt the AQB Criteria established for licensed appraisers. The Department of Regulation and Licensing has adopted substantially all of the requirements set forth in the AQB Criteria established for the licensure of real estate appraisers.
States Regulations.
Under FIRREA, all states, including Illinois, Iowa, Indiana, Michigan and Minnesota, that certify real estate appraisers for purposes of conducting appraisals in federally related transactions must assure compliance with the AQB Criteria. In addition, the Appraisal Subcommittee recommends that all states assure compliance with the AQB Criteria for the licensure of real estate appraisers.
Statutory authority
Staff time required
120 hours.
Revenue
Subject
S.
Tax 2.99, relating to the dairy investment credit.
Description of all entities that will be affected by the rule
Entities that operate Wisconsin dairy farms, as well as entities that prepare Wisconsin income tax returns, will be affected by the rule.
Summary of, and comparison with, existing or proposed federal regulation
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Description of policy issues:
Objective of the rule. The objective of the proposed rule is to clarify the following terms as they relate to the dairy investment credit, which was created by
2003 Wisconsin Act 135:
- “amount the claimant paid in the taxable year,"
- “dairy farm modernization or expansion,"
- “milk production," and
- “used exclusively related to dairy animals."
Policy analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect the creation by
2003 Wisconsin Act 135 of the dairy investment credit. If the rules are not changed, they will be incomplete in that they will not provide clarification of certain terms used in the statutory language of the credit.
Statutory authority
227.11 (2) (a), Stats.
Staff time required
The department estimates it will take approximately 60 hours to develop this rule order.
Revenue
Subject
S.
Tax 3.04, relating to the subtraction for military pay received by members of a reserve component of the armed forces.
Description of all entities that will be affected by the rule
Members of a reserve component of the armed forces, as well as entities that prepare Wisconsin income tax returns, will be affected by the rule.
Summary of, and comparison with, existing or proposed federal regulation
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Policy analysis
Objective of the proposed rule. The objective of the proposed rule is to clarify that the subtraction from income for military pay received by members of a reserve component of the armed forces is not available to persons who are serving on active or full-time duty in the active guard reserve (AGR) program under
32 USC 502 (f).
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect the creation by
2003 Wisconsin Act 183 of the subtraction from income for military pay received by members of a reserve component of the armed forces. If the rules are not changed, they will be incomplete in that they will not provide clarification that persons who are serving on active or full-time duty in the active guard reserve (AGR) program under
32 USC 502 (f) are not eligible to claim the subtraction.
Statutory authority
227.11 (2) (a), Stats.
Staff time required
The department estimates it will take approximately 60 hours to develop this rule order.
