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.
