6. Beginning in April 2002, the Council is to biennially report to the legislature on the effectiveness of the registry.
7. Create a mechanism to assure confidentiality by requiring parental or guardian written consent before reporting or releasing an infant's name and address.
Statutory Authority
Sections 253.12 and 227.11 (2), Stats.
Staff Time Required
Estimated 60 hours of Department staff time to draft and submit to the Legislative Counsel Rules Clearinghouse a rulemaking order and associated materials. A statutorily-required Council on Birth Defect Prevention and Surveillance is to make recommendations concerning the rule promulgation.
Health and Family Services
Subject
Permit fees for vending of food and beverages, bed and breakfast establishments, restaurants, hotels/motels and tourist rooming houses, swimming pools, campgrounds, and recreational and educational camps.
Description of Policy Issues
The Department and agent local government health departments regulate campgrounds, recreational and educational camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations under the authority of Chs. 254 and 250 Stats., to ensure that these facilities comply with health, sanitation and safety standards established by the Department by rule. The Department's rules are in Chs. HFS 172, 175, 178,195, 196, 197, and 198, Wis. Adm. Code. None of these facilities may operate without receiving a permit from the Department or an agent local government health department. A permit is evidence that a facility complies with the Department's rules on the date of issuance of the permit. Under the rules, a facility is charged a permit fee. The restaurant, lodging, and recreational facility regulation and licensing program is 100% funded by licensing revenue. Current budget projections indicate a deficit in the upcoming fiscal year. License fees need to be increased to fully fund the program. Significant investment in technology – licensing and inspection software – have stressed the regulation and licensing program budget. The major expenditures in technology are behind us, however, the workload of staff continues to be very heavy, with each staff member providing consultation and inspection services to approximately 550 facilities. Also, with the anticipated promulgation of the new food rule (HFS 196), the Department is committing to inspect every full service restaurant (approximately 9,000 facilities) at a minimum of once per year. This will require that we fill every authorized position and provide for LTE support during our busy summer months, where inspections include food festivals and fairs.
To minimize the impact of fee increases on small facility owners and operators, the Department will propose in this rule a revised license fee schedule for restaurants that is based upon gross annual receipts for the facility.
Alternatives to increasing fees include:
1. Allowing the regulation and licensing program budget to end in deficit for SFY 01 and future years.
2. Reducing the costs associated with the program. (Note: personnel costs represent approximately 70% of the budget. A reduction in staffing would extend the frequency of facility inspections beyond the current average of approximately once every 18 months.)
Statutory Authority
Chapter 250, Stats., and ss. 254.47 (4) and 254.68, Stats.
Staff Time Required
40 hours.
Natural Resources
Subject
Department's intent to convene a group of Department technical experts and representatives outside the agency to develop a strategy for regulating mercury releases from wastewater.
Description of Policy Issues
With EPA's recent approval of a new ultra-sensitive test method for mercury, and the department's approach of disregarding effluent tested as a viable tracking mechanism is no longer appropriate. Limited available low-level data indicates many permittees will not be able to achieve effluent limitations called for by rules protecting water quality. We need a new approach that recognizes the widespread distribution of mercury in the environment, continues to emphasize pollution prevention as a control strategy and provides a rational mechanism that allows permittees to work toward achieving water quality based effluent limitations.
The department's current approach for mercury in wastewater is authorized by a provision in ch. NR 106, Wisconsin Administrative Code, promulgated in 1997. The newly approved test method changes the condition such that mercury is no longer covered under this provision. Rulemaking that provides an expedited water quality standards variance has been suggested by department staff as one possible solution to the potential that a significant number of permittees will be unable to meet effluent limitations for mercury. Other solutions that may present themselves will also be investigated.
Statutory Authority
Chapter 283
Staff Time Required
348 hours
Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
Rule Submittal Date
On December 13, 2000, the Department of Agriculture, Trade and Consumer Protection submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order amends s. ATCP 97.04 (4) (a) 1. to 5., relating to public warehouse keeper license fees.
Agency Procedure for Promulgation
A hearing is scheduled for January 18, 2001.
Contact Information
If you have questions, please contact:
Linda Meinholz
Telephone: (608) 224-4933
Commerce
Rule Submittal Date
On December 11, 2000, the Department of Commerce submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order affects chs. Comm 4, 14, 16, 50 to 64, 65, 66, 69, and 73, relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures, and multifamily dwellings.
Agency Procedure for Promulgation
Hearings have been scheduled for January 16, 18, 23, and 25, 2001.
Contact Information
If you have questions, please contact:
Sam Rockweiler
Department of Commerce
Telephone: (608) 266-0797
Mailing Address:
Department of Commerce
4th Floor, 201 W. Washington Avenue
Madison, WI 53703
Health and Family Services
Rule Submittal Date
On December 7, 2000, the Department of Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
These are amendments to the Department's rules for immunization of children before they enter school and while in school. The rules apply to children attending elementary school, middle school, junior or senior high school or a day care center. The rules implement s. 252.04 (1) to (7) and (10), Stats.
This rulemaking order adds varicella (chicken pox) to the list of diseases against which students are to be immunized. Section 252.04 (1), Stats., mandates the Department's implementation of a statewide immunization program to eliminate mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough), poliomyelitis and other diseases that the Department specifies by rule, and to protect against tetanus. To these diseases, the Department has previously added hepatitis B. The Department is authorized under s. 252.04 (1) and (2), Stats., to add diseases to that list by rule.
The Department has decided to add varicella to the list of diseases specified in ch. HFS 144 based on recommendations of the federal Centers for Disease Control Advisory Committee on Immunization Practices that children entering child care facilities and elementary and middle schools either receive varicella vaccine or have other evidence of immunity to varicella. Varicella causes more illness than any other childhood vaccine-preventable disease. In 1998, 4,446 cases of varicella were reported in Wisconsin. Complications from varicella can lead to hospitalization and even death. Before the availability of varicella vaccine, varicella caused an estimated 11,000 hospitalizations and 100 deaths per year in the United States. Since children affected by the rule may have already had varicella, parents will be able to comply with the requirement by indicating that their child has had the disease.
The Department proposes to phase-in the requirement for immunization against varicella beginning with the 2001-02 school year. For the 2001-02 school year, the requirement will apply to any child entering a day care center or kindergarten. The requirement would apply to all grades by the 2005-06 school year.
This rulemaking order also proposes:
1. Increasing by 4 months the age at which measles-mumps-rubella (MMR) vaccine is required from the currently specified 12 month age to conform to the Centers for Disease Control's annually updated Recommended Childhood Immunization Schedule;
2. Clarifying that the requirement for a dose of DTP/DTaP/DT/Td vaccine (i.e., any combination of diphtheria, tetanus and pertussis vaccine; diphtheria, tetanus and acellurlar pertussis vaccine; pediatric type diphtheria and tetanus vaccine; or adult type tetanus and diphtheria vaccine) to be received after the 4th birthday applies to children in kindergarten only; and
3. Reducing the Hep B (hepatitis B) requirement from 3 doses to 2 doses for students who receive a licensed two-dose formulation of Hep B vaccine.
Agency Procedure for Promulgation
Public hearings have been scheduled for January 16, 17, and 18, 2001.
Contact Information
If you have questions, please contact:
Marjorie Hurie
Division of Public Health
Telephone: (608) 266-8621
Mailing Address:
Department of Health and Family Services
Room 318, 1 W. Wilson Street
Madison, WI 53703
Health and Family Services
Rule Submittal Date
