Scope Statements
Children and Families
Safety and Permanence, Chs.
DCF 35—59
This statement of scope was approved by the Governor on August 6, 2013.
Rule No.
Relating to
Information to be provided to physical custodians of children in out-of-home care.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
2. Detailed Description of the Objective of the Proposed Rule
If a child is removed from his or her home and placed in a foster home or family-operated group home, ch.
DCF 37 requires the placing agency to gather information about the child's medical, physical, mental, and emotional conditions and provide the information to the child's foster parent or family-operated group home parent. The purposes of ch.
DCF 37 are to not jeopardize the health, safety, or welfare of the foster child, foster parent, or other community members and to ensure that foster parents can be as effective as possible in providing appropriate care for the child because they have received full information about the child from the placing agency.
Currently, the information that the placing agency is required to gather is in forms that are appendices to ch.
DCF 37. Chapter
DCF 37 and the forms in the appendices were created in 1995 and have not been updated since then. The proposed rule will repeal and recreate ch.
DCF 37 to include the kinds of information that must be gathered and will require the use of forms designated by the department but will not include the actual forms in the rule. The proposed rule will also require that the forms be used when a child is placed in a foster home; group home; residential care center for children and youth; shelter care; unlicensed home of a person who is not a relative under s.
48.207 (1), Stats.; or the home of a relative when the child is placed with that relative by a court order under ch.
48 or
938, Stats.
This rule change is necessary for the department to comply with a directive from the federal Administration for Children and Families that the department do all of the following:
•
Provide greater assessment of a child's needs and provide that information to caregivers providing services to the child.
•
Provide consistent information to all out-of-home care providers.
•
Establish plans for caregivers to follow in case of a crisis or emergency with a child.
The revised forms will categorize information so that a child's specific needs are more readily apparent and will provide more information to caseworkers and out-of-home care providers about the child's additional assessment and treatment needs. New sections on the child's crisis response plan, emotional triggers, and previous crisis interventions will also be included.
3. Detailed Explanation of Statutory Authority for the Rule
Section
895.485 (4), Stats., provides that the department shall promulgate rules specifying the kind of information that an agency that places a child in a foster home or family-operated group home shall disclose to the foster parent or family-operated group home operator that relates to a medical, physical, mental, or emotional condition of the child.
Section
48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
4. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
130 hours.
5. List with Description of all Entities that may be Affected by the Proposed Rule
The Bureau of Milwaukee Child Welfare, county human and social service agencies, and licensed child-placing agencies.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
42 USC 671 (a) (24) requires that the state plan under Title IV-E of the Social Security Act for foster care and adoption assistance include a certification that, before a child in foster care under the responsibility of the state is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
Under
45 CFR 1337.20, “foster care" means 24-hour substitute care for children placed away from their parents or guardians and for whom the state agency has placement and care responsibility, including placements with a relative caregiver or in a foster home, treatment foster home, group home, shelter care, or residential care center for children and youth.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No or minimal economic impact.
8. Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-27-13 (E))
This statement of scope was approved by the Governor on August 12, 2013.
Rule No.
Relating to
Creating a competitive grant program for municipal fish hatcheries and private fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 20, the 2013-15 state budget, included the following: notwithstanding section
227.24 (1) (c) and
(2) of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. In addition, notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 20 directed the department to establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms for the purpose of increasing their capacity to raise walleye for stocking in the waters of the state. The grants may be used to build, improve, or repair any of the following:
(a) Buildings and structures used as fish hatcheries or for fish rearing.
(b) Fish rearing ponds.
(c) Wells or water recirculation systems.
(d) Biosecurity systems to ensure fish health.
(e) Holding facilities and equipment used for fish brood stock.
(f) Equipment used for the distribution of fish or for the collection of fish spawn.
For a fish farm to be eligible for a grant under this section, the fish farm must be registered with the Department of Agriculture, Trade and Consumer Protection under s.
95.60, Stats., and be in compliance with all applicable state and federal environmental laws and all applicable state and federal laws related to fish health.
A contract awarding a grant under this section shall state the number of walleye fingerlings that will be reared as a result of the increased capacity and the purchase price the grantee shall charge for the fingerlings when the construction, improvement, or repair is completed.
In addition, the department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
The terms of a contract, which shall not exceed five years, may include all of the following:
(a) Authorization for the department to furnish fish eggs and fish for free or at cost to a local governmental unit, tribe, band, or fish farm that is a party to the contract.
(b) Authorization for the department to purchase fish from a local governmental unit, tribe, band, or fish farm that is a party to the contract.
Additional rule changes may be pursued which are reasonably related to those discussed here.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
The proposals in this rule would support the efforts of the new “Wisconsin Walleye Initiative," which is intended for state, municipal, tribal, and private fish hatchery operations to increase the production of large walleye fingerlings for stocking in Wisconsin waters. The Fisheries Management Bureau does not currently manage a grant program for that purpose, but the department has extensive experience with managing grant programs to private and municipal entities that can serve as examples for this program.
The department is statutorily required to create the grant program through administrative rule using policy listed in statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014(1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.709, Stats., provides that the department may operate state fish hatcheries, including receiving fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute, and dispose of fish eggs and fish.
Section
29.739, Stats., directs the department to establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms.
Section
29.740, Stats., provides that the department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
•
Municipal fish hatcheries: fish hatcheries that are owned or operated by a city, village, town, county, or a federally recognized Indian tribe or band located in Wisconsin.
•
Private fish farms: farms registered with the Department of Agriculture, Trade and Consumer Protection under s.
95.60, Stats.
•
Tribal and non-tribal fishers: sustenance and recreational fishers will likely benefit from additional walleye stocking opportunities.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no federal authority over the proposed actions. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to no negative economic impact (Level 3).
The rule is not expected to have an adverse effect on the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the State. It will have a positive impact by providing $1 million annually in the 2013-15 biennium to municipal fish hatcheries and private fish farms through a competitive grant program. Grants will be used for building and improving hatchery buildings, rearing ponds, equipment and other facilities. In addition, $500,000 will be available annually starting in fiscal year 2014-15 for the department to contract with municipal fish hatcheries and private fish farms to purchase fish for the purpose of raising walleye for stocking with Wisconsin waters.
The rule will not allow for the potential to establish a reduced fine for small businesses, nor will it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of January 2014. Hearing cities will be: Madison, WI.
The Department will hold this hearing in this location to gather input on the implementation of walleye population maintenance and enhancement grants that are required by the 2013-15 state budget.
10. Contact Person
Mike Staggs, Fisheries Management Bureau Director, 608-267-0796.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-26-13 (E))
This statement of scope was approved by the Governor on August 13, 2013.
Rule No.
Relating to
Lake trout harvest limits in Lake Superior.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The welfare of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses is threatened by a decline in the lake trout population in the Apostle Islands vicinity of Lake Superior. The emergency rule is necessary to implement harvest limits for the 2013-14 lake trout commercial harvest season.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the emergency rule is to amend Lake Superior lake trout harvest limits as required by revisions to the State-Tribal Lake Superior Agreement. The total allowable catch of lake trout in Wisconsin waters of Lake Superior is divided among tribal commercial fisheries, state-licensed commercial fisheries, tribal subsistence fishers, and state recreational anglers. The 10-year State-Tribal Lake Superior Agreement specifies annual allowable lake trout harvests, defines refuges and special fishing areas, and establishes other terms and arrangements for state and tribal commercial fishing. The Agreement was last negotiated in 2005, and has been amended three times, most recently in November 2012. Lake trout harvest limits will be amended by October 2013 via negotiation between the Department of Natural Resources and the Red Cliff and Bad River Bands of Lake Superior Chippewa and put in place by emergency rule for the 2013-14 open season. The Wisconsin State-Tribal Technical Committee, which is made up of Department, Red Cliff, and Bad River biologists, has recommended about a 15 percent reduction in lake trout harvest for the 2013-14 and 2014-15 seasons. However, this is only a recommendation and must be formally agreed upon through the negotiation process before becoming final. These harvest limits must be ordered through Administrative Code by emergency rule so limits are in place by November 28, 2013, the beginning of the 2013-14 season.
The rule will:
•
Modify the annual commercial fishing harvest limit for lake trout on Lake Superior.
•
Revise rules used to determine the footage of gill net that may be set in the water by each fisher, also called “fishing effort." No commercial fisher may set more than his or her allowable gill net effort during the lake trout open season, based on a formula to determine each commercial fisher's allowable gill net effort in feet of net. When targeting whitefish with gill nets, each fisher is allowed to fish only the amount of net that would cause an incidental catch and kill of his or her lake trout quota. However, harvest may be only moderately affected because fishers can shift to using trap nets that are not subject to the same effort restrictions governing gill nets.
•
Allow the department to enforce a reduced recreational daily bag limit for lake trout in Lake Superior if the recreational lake trout harvest exceeds a percentage of the total allowable harvest. Lake trout harvest limits are created for both commercial and recreational fishers in Lake Superior in order to manage the total population.
Additional rule changes may be pursued which are reasonably related to those discussed in this scope.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
The allowable lake trout harvests are reviewed by a state-tribal biological committee, using the latest available data and modeling results. Based on those results and recommendations from the biological committee, the Agreement is re-negotiated as needed to change the total annual harvest of lake trout by all fishers, and possibly to address other issues related to shared harvest of lake trout and other species by state and tribal fishers.
There has been a steady decline in lean lake trout abundance in Lake Superior since the early 2000s. This decline has been confirmed by independent surveys conducted by the Department and has been projected by models used to set safe harvest levels. Some level of decline was expected because of high harvest limits in the early 2000s, which were in response to several large year classes (numbers of fish spawned in the same year) predicted to enter the fishery. However, these year classes did not attain the abundance originally anticipated and, as a result, the overall lake trout population did not reach the levels previously expected. This combination of increased harvest and re-scaled estimates of lake trout abundance has caused actual lake trout abundance to decline. While relatively stable abundances of spawning lake trout suggest that this decline is still reversible, action needs to be taken to arrest the lean lake trout population's decline. The continued, persistent decline in lake trout population abundances and predicted further declines necessitate harvest reductions in order to ensure a sustainable lake trout fishery over the long-term.
Lake trout harvest limits were reduced by emergency rule for the 2012-13 open season. Rule alternatives are not being considered because the recommendations must be negotiated through the State-Tribal Lake Superior Agreement.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The proposed rule amends the annual commercial fishing harvest limit for lake trout on Lake Superior, which is an “outlying water." Commercial fishing harvest limits are authorized under s.
29.014 (1), Stats., which directs the Department to establish and maintain any bag limits and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (1m) (b), Stats., grants discretion to the Department to establish commercial fish species harvest limits after giving due consideration to the recommendations made by the commercial fishing boards. It also specifies that the limitations on harvests must be based on the available harvestable population of fish and in the wise use and conservation of the fish, so as to prevent over-exploitation.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Employees may spend up to 200 hours developing the emergency rule. It will require in-state travel to meet with tribal negotiators.
6. List with Description of all Entities that may be Affected by the Proposed Rule
•
State-licensed commercial fishers on Lake Superior
•
Recreational fishers on Lake Superior
•
Red Cliff Band of Lake Superior Chippewa
•
Bad River Band of Lake Superior Chippewa
State-licensed and tribal commercial fishers may be affected by the amount of fish they are able to harvest. It is not expected that fishers will have any compliance expenditures or reporting changes associated with the rule.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to Be Regulated by the Proposed Rule
No federal regulations apply. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The rule may impact the commercial harvest of lake trout and other species by state-licensed and tribal commercial fishers. The total dockside value of the reported state commercial lake trout harvest in 2012 was approximately $20,000. Harvest is not expected to change by more than 15 percent. Therefore the impacted to the value of the lake trout fishery is not expected to exceed ±$3,000. However, this rule may also alter the amount of gill net effort commercial fishers can use to target whitefish since lake trout are frequently caught in the same nets. Changes in gill net effort therefore have the potential to cause commercial fishers additional income changes. The total dockside value of whitefish harvested by state commercial fishers using gill nets was approximately $155,000 in 2012. Harvest is expected to be modified by no more than 15 percent putting the total value adjustment at no more than ±$23,000 and likely less because fishers can shift to using trap nets that are not subject to the same effort restrictions governing gill nets. Moreover, commercial fishers can continue current efforts to adjust the location, time, and manner in which they set gill nets targeting whitefish so as to reduce harvest of non-target lake trout. The exact amount of economic impact is unknown, but is not expected to exceed $50,000.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of December 2013. Hearing city will be: Bayfield.
The Department will hold the hearing in this location to collect public input on the proposed lake trout harvest quota.
10. Contact Person
Peter Stevens, Lake Superior Fisheries Supervisor, 715-779-4035 ext. 12.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
(DNR # AM-28-13 and AM-29-13 (E))
This statement of scope was approved by the Governor on August 14, 2013.
Rule No.
Relating to
Stage 2 Vapor Recovery System Removal Grants.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency
The Department is requesting authority to begin both a permanent and an emergency rulemaking process to establish a grant program for the removal of stage 2 vapor recovery equipment at gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha.
Stage 2 vapor recovery equipment captures fuel vapors (volatile organic compounds or VOC) that have the potential to escape during refueling and returns them to an underground gasoline storage tank where they condense. Beginning with 1998 model year cars, the U.S. Environmental Protection Agency (EPA) phased in requirements for onboard (on the vehicle) refueling vapor recovery (ORVR) systems. These systems essentially serve the same purpose as stage 2 vapor recovery equipment at a gasoline station. On May 16, 2012, the U.S. EPA published a finding in the Federal Register that ORVR technology is in “widespread use" (77 FR 28772). They stated that “more than 75 percent of gasoline refueling nationwide occurs with ORVR-equipped vehicles, so stage 2 programs have become largely redundant control systems." The U.S. EPA also stated that the limited compatibility between ORVR and stage 2 vapor recovery equipment may ultimately result in an emissions increase. As such, the U.S. EPA authorized states to remove the requirements for stage 2 vapor recovery equipment from their ozone State Implementation Plans (SIPs).
This grant program will provide incentive to gasoline station owners and operators to remove their stage 2 vapor recovery equipment in a timely manner. Removal of this equipment will allow station owners and operators to avoid those costs associated with maintenance of the equipment that would otherwise be incurred. Timely removal will also hasten the avoidance of potential VOC emission increases cited by the U.S. EPA above.
2. Description of the Objective of the Proposed Rule
The proposed rule will establish a grant program for the removal of stage 2 vapor recovery equipment, as required by s.
285.31 (6) (b), Stats. For the purposes of the proposed rule, the term “remove" will be defined as proper decommissioning of stage 2 vapor recovery equipment, thereby removing it from service. A description of what constitutes proper decommissioning will be included as part of the proposed rule. In addition, the proposed rule will focus on the administration of the grant program, including which costs are eligible grant costs.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The U.S. EPA's ORVR widespread use finding authorized states to remove the requirement for stage 2 vapor recovery systems from their ozone SIPs. Wisconsin had stage 2 requirements codified in s.
NR 420.045, Wis. Adm. Code, that applied to gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha. However, s.
285.31 (5), Wis. Stats
., now states that this rule no longer applies. In response, the Department submitted a SIP revision to the U.S. EPA on November 12, 2012 to remove the state's stage 2 requirements from the ozone SIP. The U.S. EPA proposed approval of the requested SIP revision on June 11, 2013. The U.S. EPA has not yet issued the final approval, but that is expected soon.
The new policy associated with the proposed rulemaking is to establish a grant program for the removal of stage 2 vapor recovery equipment. There are no policy alternatives because s.
285.31 (6), Wis. Stats
., requires the Department to promulgate rules for a stage 2 vapor recovery equipment removal grant program.
4. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
285.31 (6) of the Wisconsin Statutes requires the Department to implement rulemaking for the establishment of a stage 2 vapor recovery removal grant program. The statute reads as follows:
285.31 (6) VAPOR RECOVERY SYSTEM REMOVAL GRANTS. (a) The department shall administer a program to provide grants to owners and operators of retail stations for eligible costs incurred after April 15, 2012, to remove vapor control systems described in sub. (3) (a). The maximum grant under this subsection is 50 percent of eligible costs of removing a vapor control system from a retail station or $8,000, whichever is less. The department shall award grants under this subsection in the order in which applications are received.
(b) The department shall promulgate rules for the administration of the program under this subsection, including rules specifying which costs are eligible costs.
5. Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates 700 hours of state employee time are needed for the development of the proposed permanent rule and an additional 300 hours of state employee time for the development of the proposed emergency rule.
6. Description of all Entities that may be Impacted by the Rule
There are 846 gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha that would be potentially eligible for grant funding as a result of this proposed rule.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no comparable federal grant program for the removal of stage 2 vapor recovery equipment.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have an Economic Impact on Small Businesses)
The Department anticipates the proposed rule will have a positive moderate economic impact. The purpose of this proposed rule is to establish a grant program to provide economic assistance to gasoline stations to offset the costs of removing stage 2 vapor recovery equipment. One million dollars was allocated for the stage 2 vapor recovery system removal grant program as part of Wisconsin Act 20 (2013). Gasoline stations will be able to receive 50 percent of eligible costs of removing a vapor control system up to a maximum amount of $8,000. By removing the equipment affected gasoline station owners and operators will also avoid equipment maintenance costs. Station owners and operators could qualify as small businesses under s.
227.114 (1), Wis. Stats.
9. Anticipated Number, Month and Locations of Public Hearings
In accordance with s.
227.24 (4), Wis. Stats., the Department is required to hold a public hearing within 45 days after it promulgates the proposed emergency rule. The Department anticipates conducting one public hearing in Milwaukee in March of 2014 related to the emergency rule. In addition, the Department anticipates conducting another public hearing in Milwaukee in August of 2014 related to the proposed permanent rule.
10. Contact Person
Joseph Hoch — Bureau of Air Management
Wisconsin Department of Natural Resources
101 South Webster Street
Madison, WI 53707-7921
Phone: 608-267-7543,
Revenue
This statement of scope was approved by the Governor on August 2, 2013.
Rule No.
Relating to
Sales and use tax provisions.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are (1) reflect law changes in
2013 Wisconsin Act 20, and (2) correct two errors in current rule provisions.
a. Custom farming services. Reflect the creation of s.
77.51 (2d), Stats., to provide that “custom farming services" includes services performed by veterinarians to farm livestock or work stock used exclusively in the business of farming. This requires updates to the provisions of ss.
Tax 11.12 and
11.61.
c. Health Insurance Risk-Sharing Plan Authority. Reflect the amendment to s.
77.54 (9) (a), Stats. Due to the dissolution of the Health Insurance Risk-Sharing Plan and Authority, the exemption for sales made to the authority is being rescinded. This requires updates to ss.
Tax 11.04 (1),
11.05 (4), and
11.49 (2) (b).
d.
Lump sum contracts. Reflect the creation of the exemption in sec. 77.54 (60), Stats. This provision exempts certain property sold by a contractor as a part of a lump sum contract and deems the contractor the consumer of such property, with exception. Amendments are needed to s.
Tax 11.68 (7) (b) and the examples following it.
e.
“Place of primary use." In s.
Tax 11.66 (1) (u), reflect the amendments to s.
77.522 (4) (a) 9., Stats., so the definition of “place of primary use" in the rule is the same as current law. Remove s.
Tax 11.66 (u) 1. and 2. as these are included in the amended definition.
f.
“Prepaid wireless calling service." In s.
Tax 11.66 (1) (x), reflect the amendments to s.
77.51 (10f), Stats., so the definition of “prepaid wireless calling service" in the rule is the same as current law.
g.
Printing exemptions. Reflect the creation of s.
77.54 (61), Stats. This requires updates to the provisions of s.
Tax 11.56.
h.
Property transferred incidentally with a taxable service. Amend the first note at the end of s.
Tax 11.48 and the first note at the end of s.
Tax 11.67 to reference s.
77.52 (21), Stats.
j.
Qualified research and animal raising. Reflect the repeal of s.
77.54 (57) (b) 1. and
2., Stats., the renumbering of s.
77.54 (57) (a) 1f., Stats., to s.
77.51 (1c), Stats., the renumbering of s.
77.54 (57) (a) 1m., Stats., to s.
77.51 (1d), Stats., the renumbering of s.
77.54 (57) (a) 4., Stats., to s.
77.51 (10rn), Stats., the amending of s.
77.54 (57) (a) 5.and
(b) 4., Stats., and the creation of s.
77.54 (57d), Stats. This requires updates to the provisions of s.
Tax 11.20.
k.
Self-service laundry machines. Reflect the amendment to sec. 77.52 (2) (a) 6., Stats. Receipts from self-service laundry machines that are operated by tokens and magnetic cards are no longer subject to sales and use tax. This requires an update to s.
Tax 11.52 (5) (a).
l.
Services resulting in advertising and promotional direct mail. Reflect the amendment to s.
77.52 (2) (a) 11., Stats. The sale of advertising and promotional direct mail became exempt from sales and use tax effective July 1, 2013, pursuant to
2011 Wis. Act 32. The amendment of sec. 77.52 (2) (a) 11., Stats., provides that the services of producing, fabricating, processing, printing, or imprinting that result in advertising and promotional direct mail are also not taxable. This requires updates to ss.
Tax 11.19 (2) (a),
11.56 (7) (bm), and
11.70 (2) (e).
m. “
Sales price" and “purchase price."
•
In s.
Tax 11.26 (3), reflect the amendments to s.
77.51 (12m) (a) and
(15b) (a), Stats., along with the creation of s.
77.51 (12m) (b) 3m. and
(15b) (b) 3m., Stats., to exclude from “sales price" and “purchase price" taxes imposed on the seller that are separately stated that the seller may, but is not required to, pass on and collect from the user or consumer.
•
Include “fees and charges" as an addition to taxes in several parts of the rule to make it clear that taxes, fees and charges are covered under this rule.
•
Amend s.
Tax 11.26 (2), to include “regardless of whether they are separately stated on the invoice, bill of sale, or other similar document given by the seller to the purchaser," for taxes, fees and charges included in sales price and the purchase price.
•
Amend s.
Tax 11.26 (2) (c) to include “and ammunition" after firearms to the list of federal excise taxes.
•
Amend the list of taxes, fees and charges included and excluded from “sales price" and “purchase price" contained s.
Tax 11.26 (2) and
(3) as follows:
ii. Add the following taxes, fees and charges in s. Tax 11.26 (2):
•
Federal medical device excise tax. imposed under s. 4191 of the internal revenue code.
•
Federal universal service fund fee
•
Dry cleaning fee imposed under s.
77.9961, Stats.
•
Dry cleaning products fee imposed under s.
77.9962, Stats.
•
PUC fee imposed under s.
196.85, Stats.
•
Telephone relay service surcharge imposed under s.
196.858, Stats.
•
Telecommunications utility trade practices surcharge imposed under s.
196.859, Stats.
•
State issued franchise fee (video) imposed under s.
66.0420 (7), Stats.
•
Petroleum inspection fee imposed under s.
168.12, Stats.
•
Motor fuel taxes imposed under s.
78.01, Stats.
iv.
Add the following taxes, fees and charges in s.
Tax 11.26 (3)
•
Police and fire protection fee imposed under s.
196.025 (6), Stats.
•
Low-income assistance fees imposed under s.
16.957 (4) &
(5), Stats.
•
Landline 911 charge imposed under s.
256.35 (3), Stats.
•
State USF fee imposed under s.
196.218, Stats.
o.
Correct error. Amend sec. Tax 11.39 (1) (b), to correct a typographical error. This provision quotes the law and is needed for accuracy.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies are as set forth in the rules. New policy is being proposed to reflect the law changes described above. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
3. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
77.65 (3), Stats., provides "[t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
4. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
5. List with Description of all Entities that may be Affected by the Proposed Rule
Purchasers and sellers of the products described above.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
8. Contact Person
Dale Kleven, (608) 266-8253.
Revenue
This statement of scope was approved by the Governor on August 2, 2013.
Rule No.
Relating to
Sales tax filing frequency.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
Section
77.58 (1), Wis. Stats., provides that retailers must file sales tax returns quarterly, except as provided in s.
77.58 (1) (a) and
(b) which allows for sales tax returns to be filed monthly.
Section
77.58 (5), Wis. Stats., provides that the department may require returns and payments on the amount of taxes for other than a quarterly period if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes. The department has provided for annual sales tax returns by rule in s.
Tax 11.93 (1) for retailers that have an annual tax liability of $300 or less.
Section
77.58 (1) (a), Wis. Stats., as amended by
2013 Wis. Act 20, requires retailers to file sales tax returns monthly if their tax liability exceeds $1,200 in any quarter. This change goes into effect on January 1, 2014. Under prior law, retailers were required to file monthly sales tax returns if their tax liability exceeded $600 in any quarter.
Because Wisconsin Act 20 doubles the threshold upon which a monthly sales tax return is required to be filed ($600 to $1200), s.
Tax 11.93 (1) should also be changed to reflect a similar increase in the threshold upon which an annual sales tax return can be filed.
As the statutory change to the monthly filing standard goes into effect on January 1, 2014, the corresponding change to the annual filing standard in s.
Tax 11.93 (1) should also go into effect on January 1, 2014. There is insufficient time for the permanent rule to be effective on January 1, 2014.
2. Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
•
Amend the reference in sec. Tax 11.93 to increase the annual filing standard to $600 (currently $300) to allow more retailers to file sales tax returns annually. This is consistent with changes made to s.
77.58 (1) (a), Stats., by
2013 Wisconsin Act 20, to allow more retailers to file sales tax returns less frequently (quarterly rather than monthly).
This change would make this rule consistent with recent changes to s.
77.58 (1) (a), Stats.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies are as set forth in the rules. A new policy is being proposed to reflect a law change concerning how frequently smaller retailers must file sales tax returns. If the rule is not changed, only a portion of smaller filers will be allowed to file less frequently.
This change would make this rule consistent with recent changes to s.
77.58 (1) (a), Stats.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
77.58 (5), Stats., provides “The department, if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payments of the amount of taxes for other than quarterly periods. The department may, if satisfied that the revenues will be adequately safeguarded, permit returns and payments of the amount of taxes for other than quarterly periods
…"
Section
77.65 (3), Stats., provides “[t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
An estimated 11,929 retailers will file less frequently.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
9. Contact Person
Dale Kleven, (608) 266-8253.
Revenue
This statement of scope was approved by the Governor on August 2, 2013.
Rule No.
Relating to
Income and franchise tax provisions.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The objective of the rule is to reflect law changes in the 2013-2014 Legislative session:
•
Revise s.
Tax 2.32 to reflect that, for taxable years beginning after December 31, 2012, the economic development surcharge does not apply to individuals, estates, trusts, partnerships, and limited liability companies treated as partnerships.
•
Revise s.
Tax 2.88 to reflect, effective July 2, 2013, the reduction in the rate of refund interest from 9 percent to 3 percent.
•
Revise s.
Tax 2.957 to reflect that the relocated business credit and deduction may not be claimed by a business that relocates to Wisconsin in a taxable year beginning after December 31, 2013.
•
Repeal s.
Tax 2.985 to reflect that the electronic medical records credit may not be claimed for taxable years beginning after December 31, 2013.
•
Create s.
Tax 2.986 to administer the registration of “qualified Wisconsin businesses" for purposes of the capital gains exclusion in s.
71.05 (25), Stats., and the income tax deferral in s.
71.05 (26), Stats.
•
Revise s.
Tax 2.99 to reflect that the dairy and livestock farm investment credit may not be claimed for taxable years beginning after December 31, 2013.
•
Revise s.
Tax 3.095 to reflect that, effective for taxable years beginning after December 31, 2012, certain interest from bonds issued by the Wisconsin Health and Educational Facilities Authority is exempt.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies are as set forth in the rules. New policy is being proposed to reflect the law changes described above. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
3. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
73.03 (69) (c), Stats., provides “[t]he department may promulgate rules for the administration of this subsection." This provision applies to the creation of s.
Tax 2.986.
Section
73.15 (3), Stats., provides “[t]he department of revenue shall promulgate rules
…" This provision applies to the repeal of s.
Tax 2.985.
Under s.
71.80 (1) (c), Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes. This provision applies to the revision of ss.
Tax 2.88,
2.99, and
3.095.
Section
77.96 (4), Wis. Stats., provides that the authority under s.
71.80 (1) (c), Stats., applies to the economic development surcharge. This provision applies to the revision to s.
Tax 2.32.
4. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
5. List with Description of all Entities that may be Affected by the Proposed Rule
Tax professionals, businesses, and others who rely on clear, current, and concise rules
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
8. Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
General Part I, Chs.
SPS 301—319
General Part II, Chs.
SPS 326—360
This statement of scope was approved by the Governor on August 6, 2013.
Rule No.
Relating to
Licensing, certifications and registrations of trades credentials, continuing education requirements of home inspectors, and rule changes affected by
2013 Wisconsin Act 20.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule only)
2. Detailed Description of the Objective of the Proposed Rule
The proposed rulemaking project is intended to review the procedures for licenses, certifications and registrations covered under ch.
SPS 305, Wis. Adm. Code., revise the home inspector continuing education requirements covered under ch.
SPS 135, Wis. Adm. Code., and incorporate rule changes to SPS chapters affected by the enactment of the
2013 Wisconsin Act 20.
The Department is evaluating a number of modifications to SPS chapters. Modifications are needed to:
1. Improve the efficiency in the Department's processing of the various licenses, certifications and registrations as it relates to continuing education and credential renewal for trades credentials.
2. Establish an alternative testing avenue for individuals to obtain a journeyman plumber-restricted appliance license.
3.
Address the qualifications for elevator inspectors in light of changes occurring with the American Society of Mechanical Engineers. This specific objective would only be pursued if enabling legislation were enacted under ss.
101.984 (3), Stats.
4. Increase transparency in the Department's criteria for the approval of continuing education for dwelling contractor qualifiers.
5. Provide greater clarity with regards to continuing education requirements for home inspectors.
6.
Address the continuing education requirements for home inspectors in light of changes to ss.
440.974 (2), Stats. This specific objective would only be pursued if enabling legislation were enacted under ss.
440.974 (2), Stats.
The rules are also to be reviewed for clarity, consistency and format which may result in non-substantive revisions.
The objectives of this rule project may be incorporated into more than one rule package, and may include revisions to other chapters affected by the proposal.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapter
SPS 305 establishes licensing, certification and registration programs for a variety of building-related trades, both for individuals and businesses. The current rules establish provisions for the activities, qualifications, exams, responsibilities and renewal obligations for the various credentials.
Not evaluating and updating ch.
SPS 305 periodically would not provide the department the opportunity to increase efficiencies in the processes relating to the issuance and renewal of credentials.
Chapter
SPS 135 establishes the continuing education requirements for home inspectors. Proposed rule changes would provide greater clarity with regards to continuing education requirements. By not amending the rules in this manner, home inspectors may inadvertently fail to meet the requirements and as a result may not be able to practice as home inspectors.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for home inspector continuing education falling under the scope of ch.
SPS 135 can be found under ch.
440, Stats. Specifically, statutory provisions include:
•
440.974 (2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subchapter shall require the completion of at least 20 hours of continuing education during each calendar year.
The statutory authority for the credentials falling under the scope of ch.
SPS 305 can be found under chs.
101 and
145, Stats. Specifically, statutory provisions include:
•
101.09 (3) (c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
•
101.147 Contractor registration. (1) No person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.
(2) The department shall promulgate rules to administer and enforce this section.
•
101.178 (3) (a) The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
•
101.63 (2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10), of one- and 2-family dwellings under sub. (1). The rules shall specify that the department may suspend or revoke the certification of an inspector under this subsection for knowingly authorizing the issuance of a building permit to a contractor who is not in compliance with s.
101.654.
•
101.63 (2m) Promulgate rules for certifying the financial responsibility of contractors under s.
101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s.
101.654 and for the suspension and revocation of that certification.
•
101.73 (5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.
•
101.73 (6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with this subchapter.
•
101.82 (1m) Promulgate rules that establish criteria and procedures for the registration of beginning electricians and for the examination and licensing of different types of electricians, including journeymen electricians and master electricians.
•
101.82 (1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
•
101.92 (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss.
101.951 and
101.952.
•
101.96 (2) (c) The department, by rule shall establish the term of installers' licenses and the conditions under which the department may revoke or suspend installers' licenses. The department shall establish an initial installer's license fee and license renewal fee by rule under s.
101.19.
•
101.985 (3) The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services. The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
•
145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s.
15.407 (16), shall advise the department in formulating the rules.
(b) The department may promulgate rules for the qualification and registration of cross-connection control testers.
•
145.15 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s.
15.407 (17), shall advise the department in formulating the rules.
•
145.175 An automatic fire sprinkler-maintenance only registration certificate is required before any business establishment may maintain or repair existing automatic fire sprinkler systems in its physical facilities. The department shall, by rule, specify the qualifications for issuing an automatic fire sprinkler-maintenance only registration certificate. The department shall, by rule, specify the activities in which a person holding a registration certificate under this section may engage.
The statutory authority for many of the rule changes affected by
2013 Wisconsin Act 20 can be found under chs.
101,
168, and
440, Stats. Specifically, statutory provisions include:
•
101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch.
160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.
•
101.09 (3) (c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
•
101.09 (3) (d) The department shall promulgate a rule specifying the fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).
•
101.45 (5m) Rules. The department shall promulgate rules for the administration of the program under this section.
•
101.143 (2) (b) The department shall promote the program under this section to persons who may be eligible for awards under this section.
•
101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), (ah), (am) and (ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.
•
101.143 (2) (em) 1. The department may promulgate rules that specify a fee that must be paid by a service provider as a condition of submitting a bid to conduct an activity under sub. (3) (c) for which a claim for reimbursement under this section will be submitted. Any fees collected under the rules shall be deposited into the petroleum inspection fund.
•
101.143 (2) (f) The department shall promulgate a rule establishing a priority system for paying awards under sub. (4) for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.
•
101.143 (2) (g) The department may promulgate, by rule, requirements for the certification or registration of persons who provide consulting services to owners and operators who file claims under this section. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
•
101.143 (2) (h) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:
•
101.143 (2) (i) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following: 1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) to determine the risk posed by discharges that are the subject of the remedial actions. 2. Annual reports by consultants estimating the additional costs that must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. 3. A definition of “reasonable time" for the purpose of determining whether natural attenuation may be used to achieve enforcement standards. 4. Procedures to be used to measure concentrations of contaminants.
•
101.143 (2) (j) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following: 1. The conditions under which employees of the department of commerce [safety and professional services] and the department of natural resources must issue approvals under sub. (3) (c) 4. Note: The correct agency name is shown in brackets. Corrective legislation is pending. 2. Training and management procedures to ensure that employees comply with the requirements under subd. 1.
•
101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s.
20.165 (2) (Lm).
•
101.143 (2e) (b) If the department of safety and professional services and the department of natural resources are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
•
101.143 (4) (ce) Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.
•
101.143 (4) (di) Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to par. (dg) for whom the deductible is based on financial hardship.
•
101.143 (4) (h) 2. The department shall promulgate a rule identifying the ineligible costs to which subds. 1. and 1m. apply.
•
101.143 (9) (a) The department shall promulgate rules prescribing requirements for the records to be maintained by an owner or operator, person owning a home oil tank system or service provider and the periods for which they must retain those records.
•
101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of safety and professional services shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
(b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).
•
168.04 (1) The department by rule shall prescribe minimum product grade specifications for gasoline, automotive gasoline, gasoline alcohol fuel blends, reformulated gasoline, as defined in s.
285.37 (1), and kerosene and may prescribe product grade specifications for aviation gasoline, fuel oils, and diesel fuels.
•
168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter.
•
440.42 (3) (am) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the reporting requirement under par. (a). The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the reporting requirement under par. (a) to a charitable organization that satisfies those criteria.
•
440.42 (8) Contribution limits. The department may promulgate rules that adjust the threshold amounts in subs. (3) (a), (b), (bm), and (c) and (5) (a) 3. and (b) to account for inflation.
•
440.455 (4) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the disclosure requirements under this section. The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the disclosure requirements under this section to a charitable organization that satisfies those criteria.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that for each rule package approximately 500 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with various advisory councils, if necessary, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The current rules of chs.
SPS 135 and
SPS 305 cover the credentialing of blasters, firework manufacturers, building contractors, dwelling contractors, HVAC contractors, welders, electricians, inspectors, plumbers, elevator and lift installers, automatic fire sprinkler installers, soil testers, automatic fire sprinkler testers, manufactured home manufacturers, dealers, salespersons and installers, liquefied gas suppliers, and home inspectors.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
An internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations, existing or proposed, relating to the licensing activities to be regulated under the rules.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
9. Contact Person
Safety and Professional Services —
Pharmacy Examining Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
The operation of the prescription drug monitoring program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Pharmacy Examining Board (Board) seeks to modify ch.
Phar 18 based on feedback and information it has obtained while developing and deploying the Wisconsin Prescription Drug Monitoring Program (PDMP). The modifications would seek to improve the efficiency of the PDMP by ensuring consistency between the language in the rule and how the PDMP functions. Specifically, the Board seeks authorization to consider modifying definitions in ss.
Phar 18.02 and
18.04, to modify the list of required data elements in s.
Phar 18.04, to clarify the language describing the obligation to submit zero reports in s.
Phar 18.06 and the language describing the obligation to notify the department when a dispenser decides to no longer dispense monitored prescription drugs in s.
Phar 18.08, to clarify who may access PDMP data in s.
Phar 18.09, and to modify the language in ss.
Phar 18.10 and
18.11.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently, the Board is aware that some provisions of ch.
Phar 18 create inefficiencies and ambiguities that the PDMP has to overcome to be as effective of a tool to combat prescription drug misuse and abuse as it can be. The Board has noted the feedback it has received while developing and deploying the PDMP and has gained considerable expertise in ways to improve the PDMP once it becomes fully operational. All of the modifications the Board seeks to make are based on feedback from stakeholders and PDMP users or other information obtained while developing and deploying the PDMP.
An alternative to the making the modifications is to not make the modifications, which would not enable the Board to improve the PDMP based on information obtained while developing and deploying the PDMP and the feedback of stakeholders and PDMP users.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
In s.
450.19 (2), Stats., the legislature directs the Board to establish rules to govern the PDMP. In s.
961.31, Stats., the legislature also authorizes the Board to promulgate rules relating to the dispensing of controlled substances. Finally, in ss.
15.08 (5) (b), and
227.11 (2) (a), Stats., the legislature confers to the Board the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
6. List with description of all entities that may be affected by the proposed rule
1) Licensees who are authorized to prescribe and dispense controlled substances: Advanced Practice Nurse Prescribers, Anesthesiologist Assistants, Dentists, Pharmacies, Pharmacists, Physicians, Physician Assistants, and Podiatrists
2) Department of Safety and Professional Services Staff.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations intended to address the activities regulated by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact of the proposed rule.
Contact Person
Sharon Henes, 608-261-2377.
Workforce Development
Unemployment Insurance, Chs.
DWD 100—150
This statement of scope was approved by the Governor on August 14, 2013.
Rule No.
Relating to
Work registration, work search, and unemployment insurance benefit claiming procedures.
Rule Type
Emergency.
Finding/Nature of Emergency
The Department of Workforce Development (department) finds that an emergency exists and emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. The reason for the emergency is:
•
To fulfill the new statutory directives to require claimants for Unemployment Insurance (UI) benefits to increase their number of weekly work search actions from two to at least four;
•
To execute the new statutory requirement to request additional information from claimants;
•
To promote the improvement in the Wisconsin economy as a result of the immediate implementation of legislative directives with respect to the UI program contained in
2013 Wisconsin Act 20 and
2013 Wisconsin Act 36;
•
To improve the Unemployment Insurance Trust Fund balance and thereby relieve employers of the burden of additional taxation;
•
To simplify the process and compliance with respect to requirements for UI claimants to register for work; and,
•
To better assist UI benefit claimants to obtain gainful employment.
The Department is considering the possibility of flexible effective date provisions in the rules, so that the rule changes in different areas of the rules can be brought into effect as soon as the necessary program policies and procedures have been developed, staff training has been completed, and programming changes have been implemented and tested. In addition, phasing in the changes for UI claim procedures, job search requirements, and reemployment services requirements will allow adequate time for public education.
Detailed Description of the Objective of the Proposed Rule
The emergency rules will amend and update current rules related to the UI program by disqualifying claimants who are not actively seeking work and reducing the amount of time that claimants collect UI benefits. The emergency rules will ensure that those receiving UI benefits are engaging in activities that an unemployed person who wants to work would perform. The emergency rules will enhance the department's ability to guarantee that claimants perform those activities directed by the department to assist claimants in becoming reemployed and prescribe methods by which claimants will be notified of requirements with respect to benefit eligibility.
•
Section
108.04 (2) (a) 3., Stats., as amended by
2013 Wis. Act 20, requires weekly work search activities for a UI Benefit claimant be increased from 2 to at least 4 searches per week, and some claimants may be required to conduct more than 4 work searches per week.
•
Section
108.04 (15), Stats., created by
2013 Wis. Act 36 authorizes the department to request information from UI benefit claimants related to work search efforts.
•
Section
108.04 (2) (a) 4., Stats., as created by
2013 Wis. Act 36, authorizes the department to request information from UI benefit claimants related to work search efforts.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
UI benefits provide a temporary safety net for unemployed individuals who are out of work through no fault of their own until they secure additional employment. Section
108.04 (2), Stats., provides that an otherwise qualified claimant is eligible for UI benefits in any given week if the individual is able and available to work, has registered for work, and the individual conducts a reasonable search for suitable work.
2013 Wisconsin Act 20 amended these qualification requirements. First, it clarified that a claimant's registration for work must be done as directed by the department. Second, it increased the number of weekly work search actions a claimant must conduct from two to at least four, unless the department waives the work search requirement. Third, the department must adopt rules to prescribe when it may require a claimant to conduct more than four work search actions in a week. Finally, as the department enhances its focus on assisting claimants to become reemployed, the administrative rules must enable the department to provide claimants with notifications through email and other modern technological means.
The emergency rules will make the rules consistent with the newly enacted legislation and will clarify and narrow the exemptions available to a claimant who is required to conduct work searches. These emergency rules will strengthen the requirements for unemployed individuals to actively seek employment and thereby improve their employment prospects and align the job search requirements with the underlying goal of the UI program.
Under current administrative rules, the department may require claimants to participate in a public employment office workshop which offers instructions in improving a claimant's skills for finding and obtaining employment. Consistent with the statutory changes provided by
2013 Wisconsin Act 36, the emergency rule will enable the department to identify additional services it may provide claimants to become more quickly employed and potentially require claimants to attend training services to enhance their job prospects.
Finally, as required by
2013 Wisconsin Act 20, the emergency rules will provide criteria as to when the department may in a particular week require a claimant to conduct more than four weekly work search actions.
The policy alternative to not amend the administrative rules by the emergency rule process is unacceptable. First, the administrative rules will be inconsistent with state statutes. Second, without adopting the emergency rules, the department may not be able to require claimants to provide information to the department as prescribed by the department. This will deter the department from verifying that claimants are actively seeking work and enabling the department to provide needed employment services to claimants. Moreover, not amending the rules by the emergency rule process may encourage some claimants to remain unemployed and to continue to collect unemployment benefits rather than obtain employment, resulting in additional taxes being imposed on employers.
Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
Section
108.04 (2) (b), Stats., provides: “[t]he requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule waive these requirements under certain stated conditions."
Other statutory authority includes:
Sec. 108.03, Wis. Stats. Payment of benefits — authority to prescribe conditions for the payment of benefits.
Sec. 108.04, Wis. Stats. Eligibility for benefits — authority to adopt rules on the requirement for work registration and work searches.
Sec. 108.08, Wis. Stats. Notification of unemployment — authority to adopt rules for how a claimant shall notify the department of his or her unemployment.
Sec.108.09, Wis. Stats. Settlement of benefit claims — authority to adopt rules on how claimants shall file claims.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
The total amount of staff time is estimated to be approximately 30 additional hours of effort will be needed to develop these rules by the emergency rule process. The department has already submitted a scope statement to make these rules permanent rules and enacting these amendments by the emergency rule process can be part of the ongoing effort.
List with Description of all Entities that may be Affected by the Proposed Rule
These emergency rules will impact all individuals who qualify for UI benefits. These emergency rules will also impact businesses in two aspects. First, the emergency rules are projected to result in more UI claimants finding employment faster. As a result, unemployed individuals will be collecting lower amounts of UI benefits and there will be fewer charges to employers' UI accounts. This will result in employers having to pay lower amounts of unemployment tax. Second, more unemployed individuals will seek employment. As a result, there are likely to be more job applications for employers to review when employers are seeking to hire individuals.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to Be Regulated by the Proposed Rule
Federal law states UI claimants must be registered for work and must be available and actively seeking work to be eligible for UI benefits. In addition, federal law requires claimants to participate in reemployment services to which they have been referred as a condition of UI eligibility. These rules will clarify what are the required work search activities a claimant must conduct and strengthen the ability of the department to monitor claimants' efforts to obtain employment and require him or her to participate in reemployment services.
Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses)
These emergency rules will have a positive economic impact. The increase in the requirement for work search activities and work registration will likely decrease charges to the UI trust fund due to individuals obtaining employment sooner or becoming disqualified for not actively seeking work. This will have a positive economic impact on employers, due to fewer charges to employers' UI accounts. In addition, claimants who are regularly collecting a paycheck rather than an unemployment check will have a larger, more positive economic impact on the community.
Contact Person
Workforce Development
Employment and Training, Chs.
DWD 805—830
This statement of scope was approved by the Governor on August 15, 2013.
Rule No.
Relating to
Rule Type
Emergency.
Finding of Emergency
The Department of Workforce Development (DWD) finds that an emergency exists and emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. The reason for the emergency is:
DWD proposes to create new rules in Chapter
DWD 801 to implement the program of workforce training grants enacted by
2013 Wisconsin Act 9. DWD held a public hearing on the permanent rule for this new program on July 15, 2013, and has made revisions to the text of the proposed permanent rule in response to the comments received. It would now benefit the public welfare to proceed with the rules in emergency form so that the program can begin this fall.
Detailed Description of the Objective of the Proposed Rule
In
2013 Wisconsin Act 9, the Governor and Legislature have enacted s.
106.27, Wis. Stats., which provides that DWD shall award grants to public and private organizations for the development and implementation of workforce training programs. The organizations that receive the grants are allowed to use the funds for the training of unemployed and underemployed workers and incumbent employees of businesses in this state. The grants are intended to respond to the identified needs of employers and employees. The objective of this proposed rule, as required by the statute, is to prescribe the procedures and criteria for awarding these grants and to specify the information that is to be contained in reports to describe how grant funds are expended and what outcomes are achieved.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The new policies which will be proposed in the rule will establish the basic procedures and criteria for the awarding of grants, which will include requirements for written proposals, standards for the evaluation of the proposals, and a description of the extent to which matching funds will be required. The new policies will also describe the reports required by the statute which are intended to provide a record of how the grant funds were expended and what outcomes were achieved.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sec. 106.27(2g), Wis. Stats., provides as follows:
(2g) IMPLEMENTATION. (a) Duties. To implement this section, the department shall do all of the following: 1. Promulgate rules prescribing procedures and criteria for awarding grants under sub. (1) and the information that must be contained in the reports required under subd. 3.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 40 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
The grant program, and therefore these rules, will primarily affect employers or organizations that are interested or involved in providing workforce training programs and individuals who are seeking training to improve their prospects for obtaining employment.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
These grants are intended to complement and coordinate with existing job training opportunities under federal Workforce Investment Act, 29 U.S. Code 2801,
20 CFR Part 652.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Because this rule carries forward the initiative created by
2013 Wisconsin Act 9, the fiscal note for the bill that was enacted as Act 9, 2013 Assembly Bill 14 also states the anticipated economic impact of the rules.
Contact Person
For program questions:
Dennis C. Schuh, DWD Office of Skills Development
P.O. Box 7946, Madison WI 53707
(608) 267-3803
For rulemaking questions:
Howard Bernstein, DWD Legal Counsel
P.O. Box 7946
Madison WI 53707
(608) 266-9427
