Scope statements
Agriculture, Trade and Consumer Protection
Subject
Animal Health, including farm-raised deer health, movement, registration and identification. Chapter
ATCP 10, Wis. Adm. Code.
Objective of the rule. This rule will modify current animal health rules. Among other things, this rule may address requirements for farm-raised deer health testing, registration and fee structure, record keeping, movement and other technical changes.
Policy Analysis
Farm-raised Deer
DATCP regulates animal health including deer farms, deer imports and deer movement. This includes rules related to registration of deer farms, hunting preserves, disease testing and monitoring requirements, and individual identification for farm-raised deer under ss.
95.18,
95.20 and
95.55. Stats. Current rules require specific disease testing, a monitoring status for chronic wasting disease (CWD), and identification of farm-raised deer for import and intrastate movement. The current rules also specify other requirements of registered farm-raised deer keepers, such as minimum acreage for hunting preserves, record keeping requirements, and escape reporting.
When DATCP developed the current rules, the United States Department of Agriculture (USDA) had not yet established federal requirements for CWD monitoring and testing for interstate movement; or established criteria for state certification status. USDA has now proposed federal standards, and DATCP and the industry have gained more experience related to CWD in farm-raised deer herds.
Current rules require all keepers of farm- raised deer to register with DATCP. The type of registration and the associated fee is based on the number of deer in the herd. The current fee is not based on the purposes for which the herd is kept, the workload that it creates for DATCP, or the health risks associated with herd management practices.
Among other things, this rule may:
Align Wisconsin's farm-raised deer regulatory program with federal standards.
Address the handling of escaped farm-raised deer.
Require herd plans for herds that are diagnosed with a disease.
Require post-depopulation management of premises where herds were infected with infectious diseases.
Modify record keeping and identification requirements for farm-raised deer herds.
Modify the registration and fee structure for farm-raised deer herds.
Modify disease monitoring requirements.
Technical Changes
This rule may also make technical changes to a number of current animal health rules.
Comparison with federal regulations
USDA has established regulations for the identification and interstate movement of farm-raised deer, and has established standards for Brucellosis and Tuberculosis testing. Current DATCP rules are consistent with these federal requirements.
USDA recently proposed standards for a national CWD program. The proposed national program will include testing and monitoring requirements, and will modify farm-raised deer identification requirements. DATCP proposes to modify current state rules to be consistent with the new federal program.
Entities affected by the rule
This rule will affect keepers of farm-raised deer and veterinarians providing services to keepers of farm-raised deer. This rule may also have a limited impact on other persons engaged in the production, sale or movement of livestock.
Policy alternatives
If DATCP takes no action, current rules will remain in effect. When the national CWD program is implemented, current Wisconsin rules will be inconsistent with federal standards. Among other things, that may limit markets available to the farm-raised deer industry. Current rules do not adequately address all of the issues that have come to light, in recent years, related to the control of CWD in farm-raised deer.
Statutory authority
None at this time.
Staff time required
DATCP estimates that it will use approximately 0.8 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.
Agriculture, Trade and Consumer Protection
Subject
Restricting Release of Credit Reports; Security Freezes
PRELIMINARY OBJECTIVE:
Adopt rules to interpreting and administer s.
100.54, Wis. Stats., as required by the Legislature.
Policy Analysis
Section
100.54, Stats., created by
2005 Wisconsin Act 140, regulates access to consumer credit reports. Among other things, the statute allows a consumer to put a “security freeze" on a consumer credit report. A “security freeze" limits the release and distribution of a consumer credit report.
Among other things, s.
100.54 requires the Department of Agriculture, Trade and Consumer Protection (“DATCP") to define what constitutes proper identification for a consumer who wishes to place a security freeze his or her credit report. DATCP rules must be consistent with federal law related to proper identification for purposes of placing a security freeze on a consumer credit report.
This rule will implement the legislative mandate. DATCP may also adopt related rules as necessary. DATCP may adopt these rules under s.100.54 or 100.20(2), Wis. Stats. (Unfair Trade Practices and Methods of Competition).
POLICY ALTERNATIVES:
The Legislature has directed DATCP to adopt rules. DATCP has no alternative but to do so. DATCP has not yet determined the content of the rules.
Statutory authority
Staff time required
DATCP estimates that it will use approximately .50 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Commerce
Subject
Objective of the rule. The proposed rules would implement the provisions of
2005 Wisconsin Act 358. The rules will establish minimum standards and qualifications for certification of woman-owned businesses, and define the process for obtaining the certification.
Policy Analysis
The Department is required under current law to maintain a database of businesses that are owned by women, but is not required to certify such businesses. Under the proposed rules, as required by Act 358, the Department would certify businesses that are at least 51 percent owned, controlled, and actively managed by women. The Department would charge applicants a processing fee of $50. The rules would not create preferences in governmental procurement for these businesses. The alternative of not promulgating the rules would result in noncompliance with the corresponding mandates in Act 358.
Statutory authority
Staff time required
The staff time needed to develop the rules is expected to range from 200 to 500 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Entities affected by the rule
The rules may affect woman-owned businesses, and private- and public-sector entities with supplier-diversity programs that relate to woman-owned businesses.
Comparison with federal regulations
Title 49 of the Code of Federal Regulations, Part 26, Subpart D, addresses certification standards for disadvantaged business enterprises that participate in federal Department of Transportation financial assistance programs. Those enterprises include businesses that are substantially owned by women having a personal net worth which does not exceed $750,000. Subpart E addresses the certification procedures, which include criteria for corresponding state-level Unified Certification Programs.
Natural Resources
Subject
Objective of the rule. The proposed rule will define the extent and basic conceptual framework of groundwater management areas as directed in
2003 Wisconsin Act 310. The rule will also implement provisions of Act 310 related to evaluation of impacts from proposed high capacity wells to groundwater protection areas and springs, and evaluation of proposed wells with a water loss of greater than 95%.
Policy analysis
2003 Wisconsin Act 310 expanded the state's scope of authority over high capacity wells to include factors in addition to impacts on nearby municipal water supplies. Specifically, the law requires consideration of impacts to certain sensitive water resources and impacts from wells with high water loss prior to issuance of an approval to construct a high capacity well. The primary issue addressed in the proposed rule will involve delineation of processes and criteria to determine the significance of impacts to sensitive water resources and relevant factors to consider in evaluating proposed high capacity wells and the issuance or denial of necessary approvals.
Act 310 also recognized that there are areas of the state that have experienced substantial lowering of groundwater levels since settlement and that these areas would benefit from a comprehensive regional groundwater management approach. Act 310 created the concept of groundwater management areas to facilitate comprehensive groundwater management and planning in these areas and directed the department to define the extent of groundwater management areas through administrative rules. The proposed rule will specify the areal extent of groundwater management areas and define the basic conceptual framework for groundwater management areas.
Statutory authority
Staff time required
Approximately 350 hours of staff time will be required to complete the rule.
Entities affected by the rule
The proposed rule will be of great interest to those parties that own and operate high capacity well systems, or that anticipate they may apply for high capacity well approvals in the future, including municipal water utilities, agricultural and industrial interests, real estate developers, recreational facility owners and local units of government. The rule will also interest citizens in the areas of proposed groundwater management areas, and other interest groups and citizens concerned with groundwater withdrawal issues in general or in regard to specific projects or areas of the state.
Comparison with federal regulations
There are no comparable federal regulations pertaining to impacts from groundwater withdrawals.
Public Instruction
Subject
The department proposes to repeal Chapter
PI 15, establishing qualifications and selection procedures for CESA administrators, because of the elimination of statutory language relating to this chapter.
1995 Wisconsin Act 27 repealed the requirements that the department:
• Submit to the CESA board of control the names of at least 3 persons for possible appointment as an agency administrator {116.04 (1) (a) 1., 1993-94 Stats.}
• Promulgate rules relating to CESA administrator qualifications {116.04 (1) (a) 2., 1993-94 Stats.}
• Promulgate rules establishing procedures for the selection of agency administrator candidates {116.04 (1) (b), 1993-94 Stats.}
The proposed rule brings an existing rule into conformity with a statute that has been changed to no longer require the department's involvement in CESA administrator appointment activities. Therefore, pursuant to s.
227.16 (2) (b), Stats., the department will not hold public hearings regarding these rules.
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Entities affected by the rule
CESAs
Comparison with federal regulations
n/a
Public Instruction
Subject
The proposed rule modifications will bring driver's education course standards under ch.
PI 21, Wis. Admin. Code, into conformance with statutory standards under s.
115.28 (11), Stats., by deleting s.
21.06, relating to driver education aid and requiring all of the following:
• Instruction in the hazards posed by farm machinery and animals on highways.
• Instruction in the hazards posed by railroad grade crossings.
• Thirty minutes of instruction relating to organ and tissue donation and organ and tissue donation procedures.
Some technical changes will also be made.
Objective of the rule. n/a
Policy Analysis
Modifying the proposed rules will bring them into compliance with statutory requirements. Therefore, there is no alternative but to amend the rules.
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Comparison with federal regulations
n/a
Public Instruction
Subject
2003 Wisconsin Act 131 modified the youth options program under s.
118.55, Stats. Chapter
PI 40 will be modified to conform to the changes made under the Act. The rules will also make technical modifications.
Policy Analysis
Objective of the rule. Eliminating the requirement that the state superintendent's decisions be sent by certified mail. The certified mail requirement is not specified in statute. Decisions by the state superintendent need to be sent, delivered and received as soon as possible. It takes more time to send a letter via certified mail because of the additional post-office paperwork and delivery requirements. If the recipient is not available to sign for the certified mail, the process is further delayed. After a certain number of refusals, the certified mail is returned to sender. Finally, if the recipient believes the information sent certified mail contains bad news, he or she may not sign for it.
Maintain the certified mail requirement. However, because of the rationale described above, this requirement is not practical nor is it timely. The other modifications provide clarification or alignment of rules with current statutes and should be maintained.
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Entities affected by the rule
Public school districts.
Comparison with federal regulations
None.
Public Service Commission
Subject
Objective of the rule. To incorporate into the Administrative Code revisions to the National Electric Safety Code that have been adopted since 2002, to correct deficiencies, and make any other necessary changes to update and improve the safety code.
Policy Analysis
Volume 1 of the State Electrical Code (WSEC), codified in Wis. Admin. Code ch.
PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers.
Wis. Admin. Code ch.
PSC 114 has been and is based on the National Electrical Safety Code (NESC). The NESC is revised and updated every five years necessitating subsequent periodic revision of WSEC, Volume 1 to adopt the latest national standard. In 1979, 1982, 1985, 1988, 1991, 1994, 1997, and 2003, the Commission adopted the 1977, 1981, 1984, 1987, 1990, 1993, 1997, and 2002 editions of the NESC, respectively, with certain changes, deletions, and additions which apply in Wisconsin only and are contained in Wis. Admin. Code ch.
PSC 114.
The 2007 edition of the NESC will be issued in August 2006. A corresponding revision of Wis. Admin. Code ch.
PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code.
Comparison with federal regulations
The National Electric Safety Code, which is incorporated by reference in Wis. Admin. Code ch.
PSC 114 and which will be considered as part of this rulemaking.
Statutory authority
Staff time required
Approximately 200 hours of Commission staff time will be required in this rulemaking.
Entities affected by the rule
This rulemaking may affect electric, telecommunications and cable providers.
Usually, a volunteer technical advisory committee prepares, reviews, and recommends change proposals. Typically, representation includes persons from affected utilities, railroads or related trade associations, unions, the Department of Commerce, Commission staff, and public members.
Transportation
Objective of the rule. This rule making will amend ch.
Trans 105, relating to licensing of driver schools and instructors, by repealing obsolete portions of the rule, and incorporating new provisions for administering driver training and the regulation of the schools and instructors providing that training as the result of the enactment of
2005 Wisconsin Act 397. This Act mandates that DOT promulgate rules to facilitate school and instructor licensure, operation and training. This rule making will also improve program efficiency and eliminate processes that add no value.
Policy Analysis
The current rule does not address a number of issues required by the
2005 Wisconsin Act 397. The Act requires rules to be promulgated related to:
Filing of insurance and bond – the amount and format
Procedures to authorize DMV knowledge and sign tests for instruction permits
Fees for lost licenses
Instructor knowledge test or alternative method for instructor certification
Alternative options for instructors that fail the skill test twice
Exception for medical data more frequently than 24 months
Classroom only licensure procedures – communication and control
Disqualifying offenses for school and instructor
Satisfactory driving record
Progressive enforcement actions against licensees for violations
Location of driver school exceptions
Safe vehicle operation criteria and placing a vehicle out of service
In addition, the rule will be made more user friendly for the schools and instructors, DMV, and the novice driver, especially relating to licensure and sanction criteria, and will include other necessary changes.
Since the legislature passed the Act, the number of policy alternatives is limited.
Comparison with federal regulations
The federal government does not regulate this type of driver school or instructors. The federal government does have regulations for entry-level commercial motor vehicle operators and instructors. See
49 CFR 380. These programs are similar, but are not impacted by
2005 Wis. Act 397.
Entities affected by the rule
DPI, driving schools and instructors, DMV, novice drivers, parents and guardians of novice drivers
Statutory authority
Staff time required
120 hours.
Workforce Development
Subject
Worker's compensation
Policy Analysis
Section
102.16 (2m) (g), Stats., as created by
2005 Wisconsin Act 172, requires the department to promulgate rules establishing standards for determining the necessity of treatment provided to an injured employee and requires that the rules establishing these standards shall, to the greatest extent possible, be consistent with Minnesota rules as amended January 1, 2006. The proposed rules will create these treatment guidelines.
Section
DWD 80.02 (2) (e) 4. currently provides that if there are more than 3 weeks of temporary disability or any permanent disability, a insurance carrier or self-insured employer shall submit a final treating practitioner's report to the department. Section
102.13 (2) (c), Stats., as created by
2005 Wisconsin Act 172, adds the authority for the department to require an insurer or self-insured employer to submit to the department a final report of the employee's treating practitioner if the injured employee has undergone surgery to treat his or her injury, other than surgery to correct a hernia, regardless of the length of the temporary disability. The proposed rules will amend s.
DWD 80.02 (2) (e) 4. to add this requirement.
Section
DWD 80.03 provides certain conditions that must be fulfilled whenever an employer and an employee enter into a compromise agreement concerning the employer's worker's compensation liability for a particular injury to that employee. One of these conditions is that no compromise agreement may provide for a lump sum payment of more than the incurred medical expenses plus sums accrued as compensation or death benefits to the date of the agreement and $5,000 in unaccrued benefits where the compromise settlement in a claim other than for death benefits involves a dispute as to the extent of permanent disability. The proposed rules will increase the amount of unaccrued benefits that may be paid to an employee from $5,000 to $10,000.
The proposed rules will also establish a minimum permanent partial disability rating of 7.5% of the body as a whole at each level for the implantation of an artificial spinal disc. In addition, the rules will amend s.
DWD 80.50, relating to computation of permanent disabilities, to include increased benefits for injury to the dominant hand. This amendment will codify the department's interpretation of s.
102.54, Stats., on injury to dominant hand. The proposed rules will also make a number of technical corrections due to statutory updates.
Statutory authority
Entities affected by the rule
Worker's compensation insurance companies, employers, employees, and health care providers
Comparison with federal regulations
There are no federal requirements on the changes in the proposed rules.
Staff time required
200 hours.
