Sections 565.02 (4)(g) and 565.10 (14)(b)3m., Stats., as created by 1999 Wis. Act 9, provide for the implementation of a retailer performance program, effective January 1, 2000. The program may be implemented only by the promulgation of rules.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. The retailer performance program is being implemented retroactively to January 1, 2000, pursuant to Section 9443 (1) of 1999 Wis. Act 9.
Publication Date:
March 3, 2000
Effective Date:
March 3, 2000
Expiration Date:
July, 31, 2000
Hearing Date:
May 31, 2000
Extension Through:
September 28, 2000
2. Rules were adopted creating s. Tax 9.69, relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers.
Exemption From Finding of Emergency
Under a nonstatutory provision in 1999 Wis. Act 122, the Department of Revenue is authorized to promulgate an emergency rule. The emergency rule is for the purpose of setting forth the requirements and methods to be used to ascertain the amount of Wisconsin excise tax paid each year on cigarettes of each tobacco product manufacturer that elects to place funds in a qualified escrow fund or, if the department deems it appropriate, is a participating manufacturer under the Master Settlement Agreement between the state and tobacco product manufacturers. The emergency rule shall cover the period from the effective date of 1999 Wis. Act 122, May 23, 2000, to the date a permanent rule becomes effective. (Note: The department is required under s. 895.10 (4), Stats., as created by 1999 Wis. Act 122, to promulgate a rule and is required under a nonstatutory provision to submit a proposed permanent rule to the Legislative Council by September 1, 2000.)
A nonstatutory provision in 1999 Wis. Act 122 provides that the department is not required to provide a finding of emergency or to provide evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare.
The rule is therefore promulgated as an emergency rule without a finding of emergency and without evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The rule shall take effect upon publication in the official state newspaper and shall apply retroactively to sales of cigarettes on or after May 23, 2000, as provided in s. 895.10 (2) (intro.), Stats., as created by 1999 Wis. Act 122. Certified copies of this rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
August 17, 2000
Effective Date:
August 17, 2000
Expiration Date:
January 14, 2001
Hearing Date:
September 18, 2000
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Economic Support, Chs. DWD 11-59)
Rules adopted creating s. DWD 12.28, relating to Wisconsin works disregard of year 2000 census income.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to establish additional eligibility criteria and specify how eligibility criteria are to be administered for the Wisconsin Works (W-2) program. The department is promulgating a rule to exclude income earned from temporary employment with the U.S. Census Bureau in determining W-2 and child care eligibility and child care copayments. The rule will contribute to the welfare of the people of Wisconsin by broadening the pool of available workers to help ensure an accurate Census count, particularly in low-income neighborhoods. The rule must be effective immediately because temporary Census employment is expected to begin April 2000 and last two to six months. DWD will not be seeking a permanent rule on this issue.
Publication Date:
April 9, 2000
Effective Date:
April 9, 2000
Expiration Date:
September 6, 2000
Hearing Date:
May 15, 2000
Extension Through:
November 4, 2000
Statements of Scope of Proposed Rules
Agriculture, Trade and Consumer Protection
Subject:
Ch. ATCP 40 - Relating to fertilizer and related products.
Description of policy issues:
Preliminary objectives:
Update and clarify current rules regulating the sale of fertilizer and related products.
Preliminary policy analysis:
DATCP regulates fertilizer sales under s. 94.64, Stats. Fertilizers are plant growth products that contain recognized plant nutrients such as nitrogen (N), phosphorus (P) and potassium (K). The fertilizer law does not apply to unmanipulated manure, liming materials or other exempt products.
DATCP also regulates soil and plant additives under s. 94.65, Stats. “Soil or plant additives" are other products sold to improve plant growth, crop yield or soil conditions. The soil and plant additive law does not apply to unmanipulated manure, fertilizer, registered pesticides, liming materials or other exempt products.
DATCP regulates sales of fertilizer, soil additives and plant additives to prevent fraudulent sales claims, and to prevent sales of worthless or hazardous products. Companies must be licensed. Product contents must be disclosed on the product label, and ingredients must be present in the amounts guaranteed on the label.
Except as provided by rule, a company must obtain a DATCP permit to sell a fertilizer product that contains less than 24% NPK. (DATCP may issue a permit only for nonagricultural or special use purposes). A company must also obtain a DATCP permit to sell any soil or plant additive. Before issuing a permit, DATCP may demand scientific proof of efficacy and usefulness. DATCP may also require proof of sales claims and product safety.
DATCP has adopted rules under ch. ATCP 40 to regulate fertilizers and soil and plant additives. DATCP proposes to revise its current rules to:
• Clarify permit application procedures.
• Clarify standards for reviewing permit applications.
• Clarify standards for documenting product efficacy and label claims.
• Clarify the conditions under which a company may sell a fertilizer product containing less than 24% NPK without obtaining a DATCP permit for that product.
• Clarify and improve labeling and distribution requirements, including disclosure of product hazards.
• Improve compliance monitoring.
• Make other changes to clarify and update current rule provisions.
Policy alternatives:
No change. If DATCP takes no action, current rules will remain in effect. This may result in unnecessary misunderstandings and conflict related to the regulation of fertilizer and related products. Product labeling may be inadequate, and DATCP may have difficulty monitoring product compliance.
Statutory authority:
DATCP proposes to revise ch. ATCP 40, Wis. Adm. Code, under authority of ss. 93.07, 94.64, 95.65, 100.37, 100.42 and 100.43, Stats.
Estimate of staff time required:
DATCP estimates that it will use approximately 0.8 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Contact information:
If you have specific questions or comments regarding the proposed rule-making, please contact:
Carolyn Gallagher, Paralegal
Office of Legal Counsel
Dept. of Agriculture, Trade and Consumer Protection
Telephone: (608) 224-5023
2811 Agriculture Dr.
Madison, WI 53718
Commerce
(Licenses, Certifications and Registrations, Ch. Comm 5)
(Uniform Dwelling, Chs. Comm 20-25)
Subject:
Chs. Comm 5 and 20-25 - Relating to the Uniform Dwelling Code.
Description of policy issues:
Description of the objective of the rule:
The Uniform Dwelling Code establishes statewide uniform construction and inspection rules for one- and 2-family dwellings.
The statutes require the Department to review the rules of the Uniform Dwelling Code every two years. The Department is required to revise the rules after consultation with the Uniform Dwelling Code Council, which is appointed by the Governor. Code changes currently under development are expected to go into effect in early 2001. The code update being scoped herein is expected to be implemented in April 2003.
The objective of the rule is to:
• Have a clearly understood code that reflects application of current construction practices, products, standards, model codes, and materials.
• Have in place appropriate minimum standards for qualifications and responsibilities of persons and businesses that are required or permitted to obtain credentials.
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:
a) Existing policies. The Uniform Dwelling Code, chs. Comm 20-25, establishes statewide uniform construction and inspection rules for one- and 2-family dwellings. To ensure the health, safety and welfare of Wisconsin citizens using and residing in one- and 2-family dwellings, the Department believes that its codes and adopted standards must be viable and current.
b) New policies. This code review will identify potential code revisions necessary to:
• Address code requirement clarity problems that have been discovered since the last code review.
• Clarify administrative requirements.
• Address code requirements for credentialing, including continuous education.
• Reflect new construction practices, products, standards, and materials, including heating, ventilating and air conditioning, fire safety systems, dwelling egress and structural components.
• Address code requirements relative to safety, health, and welfare which are substantially different from the national model building codes.
c) Analysis of policy alternatives. The Department has identified the following alternatives:
• The Department could leave the code as written. However, the Department believes that using the code as it stands now would leave designers, builders and local inspectors unsure of how to comply with the code, and unaware of how newer materials and standards should be regulated and applied. This alternative conflicts with s. 101.63 (5), Stats.
