Scope statements
Chiropractic Examining Board
Subject
Further definition of the practice of chiropractic. Objective of the Rule. To clarify the scope of practice of chiropractic.
Policy Analysis
As evidenced by a recent opinion of the Attorney General regarding the practice of chiropractic, the definitions of chiropractic that appear in s.
446.01 (2), Stats., and ss.
Chir 4.02 and
4.03, contain general language which does not provide specific guidance to chiropractors and to practitioners of other professions. The board wishes to create additional, more specific, language.
Statutory Authority
Staff Time Required
100 hours.
Financial Institutions-Banking
Subject
Section
DFI-Bkg 74.08 relating to procedures for return or cancellation of accounts.
Objective of the Rule. To amend DFI-Bkg 74.08.
Policy Analysis
Currently a collection agency must cancel or return all accounts when a license is terminated for whatever reason. However, current rules do not contemplate the situation of a merger between department licensees. Corporate merger statutes allow for the transition of the duties and obligations of the merged entity to the surviving entity. Allowing the transfer of all accounts accomplishes this. The proposed amendments would allow the merger of collection agencies, but only upon approval of the division. Accounts would not need to be cancelled or returned in a merger transaction approved by the division.
Statutory Authority
Staff Time Required
Estimated time to be spent by state employees - 40 hours. No other resources are necessary.
Financial Institutions-Corporate and Consumer Services
Subject
Chapter SS 3 and Chs.
DFI-CCS 1,
2,
3,
4,
5 and
6, relating to the rules to implement the Wisconsin Uniform Commercial Code and operate the statewide lien filing system.
Objective of the Rule. The objective of the rule is to repeal ch. SS 3 and create chs.
DFI-CCS 1,
2,
3,
4,
5 and
6.
Policy Analysis
2001 Act 10 repealed and recreated the Wisconsin Uniform Commercial Code (“UCC"), effective July 1, 2001. The act authorizes the Department of Financial Institutions to promulgate rules to implement the UCC and operate the statewide lien filing system. The act is part of an effort by the National Conference of Commissioners on Uniform State Laws and all member states to implement a revised model Uniform Commercial Code on July 1, 2001 to facilitate interstate commerce and uniformity in lien filings. The rules address general provisions, acceptance and refusal of documents, the information management system, filing and data entry procedures, search requests and reports, and other notices of liens under the UCC.
Statutory Authority
Staff Time Required
Estimated time to be spent by state employees - 100 hours. No other resources are necessary.
Health and Family Services
Subject
The Department proposes to amend s.
HFS 94.20 (3) relating to patients' rights to make a reasonable number of private, personal telephone calls while receiving services at either the Wisconsin Resource Center or the Sand Ridge Secure Treatment Center under s.
980.065, Stats. The purpose of the amendment would be to allow the two Department facilities to record and monitor the telephone conversations of patients adjudged to be sexually violent who are receiving treatment at the facilities.
Policy Analysis
Administrative rules under subchapter II of ch.
HFS 94 specify a variety of rights patients receiving services for mental illness, developmental disability, alcoholism or drug dependency. One of the rights, under s.
HFS 94.20 (3), is for patients to make private telephone calls. In the past, some patients at the Department's Wisconsin Resource Center have abused their telephone rights by harassing their former victims, initiating attempts to defraud the public and fraudulently using telephone credit cards. More importantly, monitoring the telephone use of sexually violent patients receiving treatment at the facility under s.
980.065, Stats., is an integral aspect of the patients' treatment. The therapeutic need for the Wisconsin Resource Center and the newly-opened Sand Ridge Secure Treatment Center to monitor the telephone calls of patients receiving treatment under s.
980.065, Stats., is consequently, both a well-documented means of protecting the community and therapeutically justifiable as it is an essential part of the facilities' treatment programs.
Statutory Authority
Section
51.61 (9), Stats., which authorizes the department to develop administrative rules to implement the patient rights section of s.
51.61, Stats.
Staff Time Required
The department anticipates expending less than 5 hours of time developing this rulemaking order.
Natural Resources
Subject
Chapter
NR 25, Commercial fishing - outlying water.
Policy Analysis
The proposed rule package will address three issues related to commercial trap netting for whitefish in Lake Michigan. Specifically, it will address 1) the maximum depth at which trap nets may be set, 2) the use of trap nets in Whitefish Bay, and 3) the trap netting season in commercial fishing zone 3. Commercial and sport fishers will be interested in the issue. Commercial fishers will be directly affected by the rule changes. All three issues involve real or perceived conflicts with sport trolling, so sport fishers will also be interested.
Statutory Authority
Staff Time Required
42 hours.
Natural Resources
Subject
Amendment of ch.
NR 811, to allow for the construction and operation of an aquifer storage recovery system by a municipal water system.
Policy Analysis
System development and design criteria: What process should be followed to develop an aquifer storage recovery (ASR) system? How will use of an ASR system affect water system design? Will groundwater modeling be required? System operating requirements: Are there limits to the amount of water that may be injected? How long may injected water be stored underground? Are there operational limitations that are needed to protect groundwater quality? System monitoring requirements: What kinds of monitoring will be required to ensure that drinking water quality is protected? What frequency of monitoring will be required? Will monitoring be required at the perimeter of each storage zone? What level of monitoring will be required to ensure that groundwater quality is protected? Compliance with state groundwater law and federal underground injection standards: What point of standards application will be used to ensure that various regulatory standards are enforced? Groups affected: Municipal water system operators and Wisconsin environmental organizations.
The DNR and its predecessor agencies have prohibited the direct injection of most substances into Wisconsin's aquifers for over sixty years. The only exceptions to this policy have been for: (1) department approved substances used to develop, operate, rehabilitate or abandon a water well or drillhole, (2) department approved activities necessary for the remediation of contaminated soil, bedrock or groundwater, (3) department approved groundwater studies, (4) control of subsidence during construction of Milwaukee's Deep Tunnel, and (5) a small number of geothermal heat pumps as authorized by the Wisconsin State Legislature.
The list of exceptions for certain beneficial activities indicates that past DNR policy has recognized that certain injection-related activities may be allowed; however, staff believe that approval of an aquifer storage recovery system should be viewed as a departure from existing policy due to the quantity of fluid that would be injected and the long term nature of this type of injection practice.
Statutory Authority
The authority to promulgate and enforce these rules is contained in ss.
280.11 (1) and
281.17 (8), Stats., in conformance with ch.
160, Stats.
