Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 160, relating to county and district fairs.
Objective of the Rule
Update rules for distribution of state aids to county and district fairs. This rule will address recommendations of the Wisconsin Association of Fairs, incorporate current 4-H guidelines, and update exhibit categories. This rule will not change current prize awards (premiums) paid to fair exhibitors.
Policy Analysis
DATCP distributes state aid to county and district fairs under ss.
20.115(4)(b) and
93.23, Stats. DATCP has adopted rules under ch.
ATCP 160, Wis. Adm. Code, related to the distribution of state aids. State aids are used to fund prize awards (premiums) to fair exhibitors. Current rules spell out exhibit categories and the amount of state premium aids offered for premiums in each category.
DATCP has traditionally updated its county and district fair rules every 5 years, but has not updated the current rules since 1999. Since 1999, there have been many changes in exhibit categories. This rule will update the current rules to address those changes, and to incorporate current 4-H guidelines.
Policy Alternatives
Do nothing. If DATCP does not update the current rules, those rules will become increasingly out-of-date and inconsistent with current exhibition practices at county and district fairs.
There are no statutory alternatives at this time.
Statutory Authority
Comparison with Federal Regulations
There is no federal law relevant to county and district fairs.
Entities Affected by the Rule
County fairs, county fair boards and county fair exhibitors will be affected by this rule.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.4 FTE staff to revise this rule. This anticipates an 8 month period 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.
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Controlled Substances Board
Subject
1) Add lisdexamfetamine to Schedule II of the State of Wisconsin Controlled Substances Act.
2) Write into rule application provisions that were created as the application was developed, under authority of ch.
961, Stats.
3) Specify board and department responsibilities and permit holder consequences for failure to reapply for a new permit after the initial permit expires.
Objective of the Rule
The scheduling of lisdexamfetamine recognizes its abuse potential in addition to its medical uses and allows prosecution in state court for illicit production, distribution and possession. Writing application requirements into rule will clarify requirements and expectations for members of the public and applicants. Specifying board and department responsibilities for failure to reapply will prevent the use of controlled substances after the authority to do so has expired.
Policy Analysis
Lisdexamfetamine is not currently a scheduled drug in Wisconsin. The federal Drug Enforcement Administration (DEA) scheduled the drug in 2007, finding that it has a high potential for abuse, has a currently accepted medical use in treatment in the United States, and that abuse of lisdexamfetamine may lead to severe psychological or physical dependence. It is a stimulant approved by the Food and Drug Administration (FDA) for marketing under the trade name Vyvanse TM. It is used to treat Attention Deficit Hyperactivity Disorder (ADHD).
Regarding the application requirements portion of the rule, application for a controlled substances Special Use Authorization (SUA) provides a basis for writing into rule existing and any additional application provisions. See
http://drl.wi.gov/prof/cont/cred.htm. By imposing a penalty for failure to reapply for an issued SUA, the board seeks to protect the public by preventing unauthorized possession of controlled substances.
Statutory Authority
Comparison with Federal Regulations
A DEA permit is required for the manufacture, importation, possession, use and distribution of certain substances. Lisdexamfetamine is a Schedule II Controlled Substance under the Federal Controlled Substances Act. Title 21 CFR, Chapter 1300
Entities Affected by the Rule
Police, state courts, pharmacies, the Controlled Substances Board and the Department of Regulation and Licensing.
Estimate of Time Needed to Develop the Rule
200 hours.
Financial Institutions — Credit Unions
Subject
Creates Chapter
DFI-CU 65, relating to credit union service organizations.
Objective of the Rule
The purpose of this rule is to set forth certain procedures and requirements for credit union service organizations.
Statutory Authority
Comparison with Federal Regulations
The federal regulation addressing credit union activities is
12 CFR Part 712.
Entities Affected by the Rule
State-chartered credit unions.
Estimate of Time Needed to Develop the Rule
150 hours.
Contact Information
Mark Schlei, Deputy General Counsel
Dept. of Financial Institutions — Office of the Secretary
P.O. Box 8861
Madison, WI 53708-8861
Phone: (608) 267-1705
Health Services
Subject
Revises Chapter
DHS 138, relating to health insurance premium subsidies to individuals with human immunodeficiency virus (HIV) infection.
Objective of the Rule
To establish or revise health insurance premium schedules for eligible individuals.
Policy Analysis
The Department amends this statement of scope, to notify the public of its intent to promulgate rules required under
2009 Wisconsin Act 28. The original statement of scope was published in Administrative
Register No. 572, effective August 15, 2003.
Sections
252.16 and
252.17, Stats., requires the Department to operate a program that provides subsidies to cover the cost of health insurance premiums for individuals with human immunodeficiency virus (HIV) infection who, because of a medical condition resulting from that infection, must take an unpaid leave from their jobs or are unable to continue working or must reduce their hours of work. The Department has operated this program under ch.
DHS 138 since November 1990.
1999 Wisconsin Act 103 modified s.
252.17, Stats., in several respects. First, it increased the family income eligibility limits under s.
252.17 (3) (b), Stats., from 200% to a maximum of 300% of the federal poverty line. Second, it created a new s.
252.17 (4) (d), Stats., that specifies that the Department will pay a portion of the health insurance premium for individuals whose family income is between 200% and 300% of the federal poverty line. It further specifies that the Department will establish the schedule for payment in administrative rule. Finally, Act 103 created a new s.
252.17 (6) (c), Stats., that requires the Department to establish, in administrative rule, the premium contribution schedule for individuals who have a family income that exceeds 200% but does not exceed 300% of the federal poverty line. Act 103 further directs the Department to take into consideration both income level and family size in establishing the schedule.
2009 Wisconsin Act 28 modifies ss.
252.16 (1) (ar) and
252.17 (3) (d), Stats., to include domestic partner in the definition of “dependent" and to allow an eligible individual's premium contribution to include the cost of coverage of a domestic partner.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed federal regulations.
Entities Affected by the Rule
Eligible individuals with human immunodeficiency virus (HIV) infection and their spouses and dependents if they are covered under the eligible individual's health insurance policy.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take about 10 hours to draft these rules.
Contact Information
Michael McFadden
Division of Public Health
Phone: (608) 266-0682
Workforce Development
Public Works Construction Contracts,
Chs.
DWD 290-
294
Subject
Revises section
DWD 293.02, relating to adjustment of thresholds for payment and performance bond requirements.
Objective of the Rule
Section
779.14, Stats., sets the cost thresholds for the payment and performance assurance bond requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the Department of Workforce Development to biennially adjust the thresholds requirements in proportion to any change in construction costs since the last adjustment if the adjustment to be made would not be less than 5%. In accordance with the statute, DWD is planning a rule to adjust the thresholds to reflect a 6.82% increase in construction costs from December 2007 to December 2009.
Policy Analysis
This proposed rule is an amendment to existing rules, proposed in accordance with the instructions provided in s.
779.14 (1s), Stats.
Statutory Authority
Comparison with Federal Regulations
The threshold for application of the federal contractor payment and performance bond requirements is a contract greater than $100,000. This threshold is set by statute and is rarely adjusted.
Entities Affected by the Rule
State agencies, local governmental units, and employers in the construction industry who contract for public works projects, and employees of these employers.
Estimate of Time Needed to Develop the Rule
20 hours.
Contact Information
Julie Eckenwalder, Section Chief
DWD Construction Wage Standards Section
Phone: (608) 266-3148
Howard Bernstein, DWD Legal Counsel
Dept. of Workforce Development
Phone: (608) 266-9427
