Scope statements
Agriculture, Trade and Consumer Protection
Subject
Personal privacy and credit card security. Objective of the Rule. Require direct marketers that enter into privacy agreements with customers to honor those privacy agreements. Prohibit a direct marketer from charging a consumer's credit card account unless the consumer authorizes the direct marketer to do so.
Policy Analysis
Under s.
100.20 (3), Stats., the department may adopt rules to prohibit unfair business practices and prescribe fair practices.
Wisconsin consumers complain that some direct marketers have unfairly used the consumers private information. The consumers complain that the direct marketers obtain the private information in a legitimate business transaction, but then use the information for other purposes not approved by the consumer.
For example, some direct marketers have sold consumers' credit card numbers to other sellers. The other sellers have then used the consumers' credit card numbers, without the consumers' authorization, to solicit consumers and charge consumer credit accounts in transactions unrelated to the original transactions. These practices expose consumers to unwelcome solicitations and unauthorized credit charges.
Policy Alternatives
• Do nothing. If the department does nothing, these unfair direct marketing practices will likely continue and become more widespread.
• Wait for legislature to enact broader privacy legislation. There is no guarantee that such legislation will ever be enacted, or that it will address the credit card abuses identified by the department.
• Investigate direct marketers on a case by case. Issue individual orders, not rules. This is a piecemeal approach that may never keep pace with widespread problems.
Statutory Authority
The department proposes this rule under authority of s.
100.20 (2), Stats.
Staff Time Required
The department estimates that it will use approximately .50 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions and communicating with affected persons and groups. The department will assign existing staff to developing this rule.
Health and Family Services
Subject
The Department proposes to create a new chapter (HFS 39) of administrative rules relating to relinquishing and reclaiming custody of a newborn child. The Department is proposing to develop these rules in response to
2001 Wisconsin Act 2. The primary purpose of Act 2 is to assure that unwanted infants are not abandoned or harmed by a parent who does not wish to raise the child. Section 2 of Act 2 (newly created s.
48.195 (6), Stats.) directs the Department to develop and promulgate rules implementing the Act. The rules will address the different circumstances under which a parent might relinquish custody of a newborn child (no more than 72 hours old). The rules will also prescribe a means by which a parent who relinquishes custody of his or her newborn child may, until the granting of an order terminating parental rights, choose to be identified as the child's parent.
Policy Analysis
Policies in the proposed rules will relate to the process by which a law enforcement officer, emergency medical technician or hospital staff person is to take such infant into custody and the process by which a parent who relinquishes custody of the newborn child may reclaim his or her child. Policies the Department anticipates to also specify in rule relate to information that must be provided to the parent and the prohibition on any official party from attempting to determine the identity or location of the parent.
Statutory Authority
Staff Time Required
The Department anticipates expending approximately 200 hours of time developing this rulemaking order. The Department will also convene a small working group comprised of county and state agency staff to review and comment on drafts of the proposed rules. As development of the rulemaking order progresses, the drafts will be distributed to the Department of Administration Division of Hearings and Appeals, the Department of Justice, the Wisconsin County Human Services Association's Child and Families Technical Advisory Committee and other interested and affected parties.
Natural Resources
Subject
Amend ch.
NR 115 - Wisconsin's Shoreland Management Program.
Policy Analysis
Pursuant to ss.
59.692 and
281.31 Wis. Stats., ch.
NR 115 provides that shoreland zoning regulations shall: “further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses, and reserve shore cover and natural beauty." NR 115 contains the statewide minimum standards for the shoreland zoning in unincorporated areas. With the exception of the wetland provisions added in the early 1980's, the basic county shoreland zoning standards have essentially remained unchanged since NR 115 was created. However, a number of the provisions found in NR 115 are outdated and/or difficult to enforce. In addition, development pressures have increased, more property owners want to improve nonconforming structures, are seeking variances, and the resulting impacts need to be addressed.
Groups likely to be impacted by these issues include a) property owners; b) zoning administrators and county officials; c) realtors; d) contractors, and others who provide land alteration services; e) members of the public who recreate on or near navigable waters.
The county shoreland zoning standards found in NR 115 were established in the late 1960's based on a combination of the best available scientific information, professional judgment, and the feasibility of implementation. The standards for minimum lot widths, restrictions on vegetative cutting, and the building setback distances were intended to create a buffer to minimize disturbances to aquatic resources and preserve the natural beauty of our lakes, rivers and streams.
Current development pressures pose major challenges to the Shoreland Management Program, primarily because the state standards in NR 115 have not been amended to keep pace with the changing times. Waterfront development is booming across the state, with property values increasing up to 400% in the early 1990s for some northern counties. In southeast Wisconsin, most lakes larger than 10 acres have developed shorelines. Many homeowners and visitors seek out lakes and rivers as havens to enjoy natural beauty in a quiet setting, yet the sheer number of users and owners can create user conflicts and put pressure on limited resources. The scarcity of prime waterfront lands means that areas once passed over for residential development are now being developed.
Statutory Authority
Staff Time Required
820 hours.
Natural Resources
Subject
NR 324, Shore Protection for Wisconsin Inland Lakes/Flowages. This order codifies standards for Department decisions on permit applications for shoreland alternations for the purpose of shore protection. The rules will prevent adverse effects of shore protection construction and to achieve consistency in the application of navigable water laws for the construction of shore protection.
Policy Analysis
This rule will provide shore protection standards for inland lakes & flowages. The rule will describe: 1) Standard Bioengineering designs for shore protection; 2) Designs for traditional hard armoring (riprap and retaining walls); and 3) Technical designs for offshore wave protection structures (tree-drops, branch box breakwater, temporary screens, geotextile roll, floating-breakwaters, stone dikes, stone island). The rule draft will classify types of inland lakes/flowages of similar exposure for the purpose of administering a shore protection program. The rule will guide appropriate erosion designs to balance the needs of erosion control with minimizing nearshore alterations. Within each tier or class of inland lake shore protection treatments will be grouped into one of four regulatory categories; 1) designs encouraged with no regulatory review; 2) designs encouraged with minimal review (short-form process); 3) designs discouraged or with critical review (long-form process); and 4) designs prohibited. The rule will also define structure as opposed to fill for purposes of shore protection.
Permitting of these shore protection structures is currently addressed through Departmental guidance. This rule will establish consistency in decision-making while offering better protection to nearshore habitats. The rule will encourage erosion control practices that are beneficial to fish and wildlife habitat, and also prohibit practices that severely degrade nearshore habitats and can be accomplished by other more appropriate techniques.
Statutory Authority
Staff Time Required
720 hours.
Natural Resources
Subject
Chapter
NR 726 Case Closure - relating to the application of deed restrictions and GIS registry notification to closure of contaminated properties with residual soil contamination.
Chapter
NR 749 - relating to fees for providing assistance; remediation and redevelopment program.
Policy Analysis
The rule change is proposed to clarify the criteria for applying deed restrictions to contaminated properties where residual soil contamination remains after site closure. The rule changes include a soil geographic information system (GIS) registry to replace the use of soil deed notices. The soil GIS registry will be analogous to the groundwater GIS registry currently under development by the Department. Sites closed with residual soil contamination will be placed on the soil GIS registry as a means of notifying future owners/users of the property of the existence of soil contamination. The rule change will help ensure consistent application of deed restrictions by staff at the Department of Natural Resources and the Department of Commerce. Fees will be charged at the time closure is requested to maintain the soil GIS registry. The rule change will affect owners of contaminated properties by clearly establishing the type of institutional control that will be used by the agencies at the time of closure. The soil GIS registry will provide the public with access to information about properties closed with residual soil contamination.
Currently, deed restrictions and deed notices are placed on contaminated properties with residual soil contamination largely at the discretion of agency staff. Chapter
NR 726 currently requires deed restrictions only for industrial properties with soil contamination above non-industrial soil cleanup standards. The proposed rule change will establish specific criteria for applying soil deed restrictions in other situations as well. Use of soil deed notices will be eliminated from the current rule and the GIS registry for groundwater contamination will be expanded to include sites with residual soil contamination remaining at the time of closure. Establishment of fees to maintain the soil GIS registry is NOT a change from past policy. Currently, fees are charged for registering sites with contaminated groundwater.
Statutory Authority
Staff Time Required
