Scope statements
Agriculture, Trade and Consumer Protection
Subject
Captive Wild Animals, Animal Markets, Animal Dealers and Animal Truckers.
Objectives of the rule. Update and clarify current rules to implement the provisions of
2001 Wis. Act 56. This rule may address the following:
• Identify what animals are domestic animals.
• Exchange of disease information between department of natural resources and department of agriculture, trade and consumer protection about diseases that do or could affect wild animals in Wisconsin.
•Contents and use of certificates of veterinary inspection.
•Regulation of hunting preserves for deer and elk.
•Disease testing requirements for farm-raised deer.
•Other disease control provisions for farm-raised deer.
•Provisions related to farm-raised gamebirds.
•Provisions to implement licensing of animal markets, animal dealers and animal truckers.
Policy Analysis
The new “captive wildlife" law,
2001 Wis. Act 56, requires the department of agriculture, trade and consumer protection to adopt rules to implement the statute. The department will seek to promulgate rules that balance the myriad interests while protecting the health of animals in this state.
Policy alternatives
There are no alternatives. The law requires the department to promulgate rules. If the department does not do so, it will not be in compliance with the law.
Statutory authority
DATCP proposes to revise chapters ATCP 10, 11 and 12, Wis. Adm. Code under authority of ss.
93.07 (1),
(10m),
95.22 (2),
95.45 (4) (c),
95.55 (1) (b) 2.,
95.55 (6),
95.57 (1),
(2),
95.68 (4),
(8),
95.69 (2m),
(4),
(8),
95.71 (5), and
(8), Stats.
Staff time required
DATCP estimates that it will use approximately 1.5 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.
Corrections
Subject
Rule amendment to ch.
DOC 328 relating to Adult Field Supervision and collection of supervision fees from offenders.
Policy Analysis
Objective of the rule. The objective of this proposed rule is to amend current language related to supervision fees. Pursuant to s.
304.074 (2) Stats., the Department has authority to collect “at least $1 per day, if appropriate" from offenders on supervision. The current proposed budget reform bill, Assembly Bill 1, contains language directing the Department to “have a goal of receiving at least $2 per day, if appropriate, from each person who is on probation, parole, or extended supervision...." While this language potentially doubles the amount the Department may collect in supervision fees, the Department is limited by the Administrative Code. The current ch.
DOC 328 establishes a set fee schedule with a maximum collection of $45 per month. While Assembly Bill 1 has not passed the Legislature and has not been signed into law, the Department anticipates the need to raise supervision fees based on the current budgetary confines and the clear intent of Assembly Bill 1.
Chapter
DOC 328 has not been updated since 1996. Six years having past since the supervision fee rates were considered and established in ch.
DOC 328.
Statutory authority
Staff time required
It is anticipated that 40 hours of staff time may be necessary to review and revise the administrative rule, including drafting, cost estimates, public hearings and complying with rule making requirements. Other than staff time, it is anticipated that the resources to develop the rule will be minimal.
Financial Institutions - Division of Securities
Subject
Annual rule revision process for the Rules of the Division of Securities, Department of Financial Institutions, relating to the Wisconsin Uniform Securities Law.
Objective of the rule. The Division's annual rule revision process is conducted for the following purposes in 2002:
(1) Adopting new rules or amending existing rules, relating to the securities broker-dealer, agent, investment adviser, and investment adviser representative licensing provisions, to thereby effectively regulate new securities licensing developments that have occurred in the securities industry and marketplace that require regulatory treatment;
(2) Repealing certain now-outdated interim rule provisions (or sections thereof) promulgated in 2001 that, at the time, established deadlines for filing initial and renewal license applications with the Division by investment advisers and investment adviser representatives using the national, electronic database of the Investment Adviser Registration Depository; and
(3) Adding several recent or newly-amended North American Securities Administrators Association (“NASAA") securities registration policies to the current list of NASAA securities registration policies contained in existing rule s.
DFI-Sec 3.03 (4), because the disclosure related provisions of such policies may be used by the Division for purposes of reviewing the adequacy of prospectus disclosures in securities registration applications filed with the Division.
Policy Analysis
Existing and new policies contained in the proposed rules include:
1. Providing for the electronic filing procedure for licensure in Wisconsin of investment adviser representatives using the national, electronic database of the Central Registration Depository made available for use by all states as of March 2002.
2. Creating new subsections under the Licensing Period rules in s.
DFI-Sec 4.07 (2) for securities agents and in s.
DFI-Sec 5.07 (2) for securities agents qualified to perform the functions of an investment adviser representative, relating to the failure to comply with continuing education requirements recently adopted by the National Association of Securities Dealers (“NASD") and national securities exchanges, to provide that a license is not effective if the person's status with the NASD or a national securities exchange is deficient for failure to meet continuing education requirements.
3. Amending the language in a number of existing licensing procedure rules to clarify that initial and renewal licenses of investment advisers remain subject to filing under the Investment Adviser Registration Depository.
4. Repealing certain now-outdated interim rule provisions (or sections thereof) promulgated in 2001 that, at the time, established deadlines for filing initial and renewal license applications with the Division by investment advisers and investment adviser representatives using the national, electronic database of the Investment Adviser Registration Depository.
5. Adding to the current list of NASAA securities registration policies contained in existing rule s.
DFI-Sec 3.03 (4), Wis. Adm. Code, that may be used by the Division for purposes of reviewing the adequacy of prospectus disclosures in securities registration applications filed with the Division, the NASAA Statements of Registration Policy relating to Mortgage Program Guidelines, Omnibus Guidelines, General Obligation Financing by Religious Denominations/Church Extension Fund Guidelines, and the amended version of the NASAA Statement of Policy Regarding Church Bonds as adopted by the NASAA membership in April, 2002.
Statutory authority
Staff time required
Estimated time to be spent by state employees to develop the rules--25 hours. No other resources are necessary.
Natural Resources
Subject
All-terrain vehicle (ATV) sheriff patrol reimbursement deadline dates, the equipment reimbursement allowance in s.
NR 64.15 and a revision to s.
NR 50.12 pertaining to the snowmobile sheriff patrol “notice of intent to patrol" filing deadline.
Policy Analysis
The Department provides a patrol reimbursement program to county sheriff patrols that conduct law enforcement activities directly related to all-terrain vehicle and snowmobile law enforcement activities. The Department is required by code to send claim packets (forms) to patrols that participate in the reimbursement program by a certain date. The Department is also required to send three sets of the packet to each sheriff patrol participating in the grant program. Patrols that participate in the grant program must submit deadline specific records showing expenditures. Patrols must also notify the Department of their intentions to be reimbursed by the use of a form known as a Notice of Intent to Patrol. Patrols participating in the grant program must be reimbursed by the Department prior to a specific date. The time period that patrols work and may make claims for reimbursement is specifically listed. The above requirements are detailed in s.
NR 64.15 and the snowmobile intent to patrol deadline is listed in s.
NR 50.12. A proposed change in ch.
NR 64 will bring consistency to both programs by allowing up to $1000 reimbursement for non-capital ATV equipment.
Statutory authority
Staff time required
