Scope statements
Agriculture, Trade and Consumer Protection
Subject
Commercial Weighing and Measuring Devices; Inspection Standards for Municipal Inspection Programs and Private Service Companies; License Fee Revisions.
Policy analysis
Objective of the rule. Improve statewide consistency in the application of the state's weights and measures laws by establishing uniform inspection program standards for municipal weights and measures programs and uniform standards for private service companies to use when installing, repairing and calibrating commercial weighing and measuring devices.
Increase annual license fees for private service companies and vehicle scale operators to cover the department's costs to administer the licensing programs.
Uniform Standards
DATCP enforces Wisconsin's weights and measures laws. DATCP and municipal inspectors inspect weighing and measuring devices and check commodities and price scanners to ensure that commercial devices are correct.
Municipalities with a population of 5,000 or more must establish their own weights and measures departments or must contract with DATCP to furnish weights and measures services. Currently, 18 municipalities operate their own weights and measures programs and 102 municipalities contract with DATCP for inspection services.
In addition, there are private service companies licensed by the department that install, service, test and calibrate commercial weighing and measuring devices. Currently, the department licenses 290 private service companies in the state.
Although these three different entities (DATCP, municipalities and private service companies) all apply state weights and measures laws, there are few uniform standards or procedures governing the activities of municipal inspection programs and private service companies. The absence of uniform procedures and standards causes inconsistent inspection results, which harms consumers and competing businesses.
DATCP proposes to establish uniform weights and measures standards and procedures by rule, including:
•
Uniform procedures for installing, servicing, calibrating and testing commercial weighing and measuring devices.
•
Uniform sealing requirements.
•
Uniform program standards for inspecting commodities and price scanners.
•
Uniform record-keeping and reporting requirements.
•
Periodic audits and evaluations of municipal programs.
•
Certification of private service company technicians.
License Fees for Private Service Companies and Vehicle Scale Operators
DATCP licenses 290 private service companies and 2,047 vehicle scales. The cost of the license fees is set by state law as follows: (a) For private service companies that service only their own weighing and measuring devices, the license fee costs $100.00 per year. For private service companies that service weighing and measuring devices for other companies, the license fee costs $200.00 per year plus $50.00 per year for each additional business location. (b) Vehicle scale operators must license each scale the company operates. The license costs $60.00 per year for each scale.
These statutory fees were established in 1997 and have not changed since that time, although the statutes specifically authorize the department to establish different fees by rule. The department needs to increase the license fees for private service companies and vehicle scale operators to maintain the current level of program operations and to cover the costs of administering these two licensing programs.
Policy alternatives
•
Do nothing. This will perpetuate inconsistent application of state weights and measures laws and will not provide sufficient funds to maintain current program operations. Lack of uniformity in applying the laws hurts consumers and competing businesses.
•
Allow each municipality and private service company to establish its own testing and inspection standards. This will also encourage inconsistent application of state weights and measures laws and will harm consumers and competing businesses.
Statutory authority
Staff time required
DATCP estimates that it will use approximately .5 FTE staff time to develop this rule. This includes researching, drafting, preparing related documents, holding public hearings, coordinating advisory group discussions, and communicating with affected persons and groups. DATCP plans to develop this rule in consultation with municipalities, private service companies and other affected groups. DATCP will assign existing staff to develop this rule.
DATCP Board authorization
The Board previously authorized DATCP to begin drafting a rule on most of these issues, but the department needs Board approval of this revised scope statement to permit the department to include fee increases in the rule-making process.
The DATCP Board may not approve this revised scope statement sooner than 10 days after this revised scope statement is published in the Wisconsin Administrative Register. If the DATCP Board takes no action on the revised scope statement within 30 days after the department presents the revised scope statement to the Board at a Board meeting, the revised scope statement is deemed to be approved. Before the department holds public hearings on this rule, the DATCP Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Commerce
Subject
Fees and certifications relating to storage tanks for flammable, combustible and hazardous liquids.
Policy analysis
Objective of the rule. The purpose of ch.
Comm 2 - Fee Schedule, is to set fees at a level that complies with s.
101.19, Stats., which requires the department to fix and collect fees which, as closely as possible, equal the cost of providing services.
The purpose of ch.
Comm 5 - Licenses, Certifications and Registrations, is to establish minimum standards for the qualifications and responsibilities of persons or businesses that are required or allowed to obtain credentials under chs.
101,
145 and
167, Stats.
The purpose of the rule revision is to revise and simplify the fee schedule for storage tank plan review contained in ch.
Comm 2 and to update the certification categories related to storage tanks in ch.
Comm 5.
2. 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.
Section
Comm 2.43, Table 2.43, which fixes fees for plan examination and inspection of storage tanks, has not been completely revised since 1992. Since that time, the cost of providing plan review and inspection services has increased. Also, the table is set up in a tier system that many customers find confusing. As a result, they often overpay which requires the department to issue refunds.
In ch.
Comm 5, the department intends to modify a requirement for the certification of site assessors and add a requirement for the certification of corrosion protection testers.
The only policy alternative available would be to do nothing and leave the code as it is. This would result in revenues falling progressively further behind the cost of providing services. The department would also continue to administer a less important credential and exercise no oversight over a more essential phase of groundwater protection.
Statutory authority
Sections. 101.02 (1) and (15), 101.09 (3), 101.12, and 101.19 (1), Stats.
Staff time required
The time to make the changes will entail developing and publishing the scope statement, developing the rule draft, adding the changes to the ch.
Comm 10 project that is currently underway and making any additional changes as a result of public hearings.
Estimated Commerce staff hours: 40
Controlled Substances Board
Subject
Classify as a schedule IV controlled substance under state law dichloralphenazone, which has been classified as a schedule IV controlled substance under federal law.
Policy analysis
Objective of the rule. By final rule of the Drug Enforcement Administration (DEA), adopted effective August 16, 2001, dichloralphenazone was classified as a schedule IV controlled substance under the federal Controlled Substances Act (CSA). Dichloralphenazone has not been so scheduled under the Wisconsin Controlled Substances Act in Chapter
961, Stats. The objective of the rule is to bring the treatment of this drug into conformity with that at the federal level.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addition and adverse consequences to patient health if utilized inappropriately, than do other drugs. The DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. Schedule IV controlled substances are listed in
21 CFR 1308.14. Section 1308.14 (c) lists chloral hydrate as a depressant. The first sentence of
21 CFR 1308.14 (c) states that the category of schedule IV depressants includes “any material, compound, mixture, or preparation which contains any quantity of" the substances listed in the section. Since dichloralphenazone is a compound containing chloral hydrate, it is likewise a schedule IV depressant. This forms basis for the DEA action.
Statutory authority
Staff time required
It is estimated that 20 hours will be needed to promulgate the rule.
Financial Institutions - Savings Banks
Subject
Section
DFI-SB 16.03 (8) relating to acquiring and holding stock in bank-owned banks.
Policy analysis
The objective of the rule is to create s.
DFI-SB 16.03 (8). The rule would allow state-chartered savings banks, with the prior written approval of the division of savings institutions, to acquire and hold stock in any of the following: a bank chartered under s.
221.1202, Stats.; a national bank chartered under
12 USC 27(b)(1); a bank holding company wholly owning a bank chartered under s.
221.1202; or a bank holding company wholly owning a bank chartered under
12 USC 27(b)(1). Section
221.1201 permits state-chartered banks to acquire stock in bank-owned banks. The rule would be the implementing provision under state law authorizing state-chartered savings banks to acquire and hold stock in bank-owned banks. The rule would ensure that state-chartered savings banks will not be at a competitive disadvantage with other financial institutions that have received similar authority under state or federal laws.
Statutory authority
Staff time required
40 hours.
Financial Institutions - Savings and Loan
Subject
Section
DFI-SL 16.06 relating to acquiring and holding stock in bank-owned banks.
Policy analysis
The objective of the rule is to create s.
DFI-SL 16.06. The rule would allow state-chartered savings and loan associations, with the prior written approval of the division of savings institutions, to acquire and hold stock in any of the following: a bank chartered under s.
221.1202, Stats.; a national bank chartered under
12 USC 27(b)(1); a bank holding company wholly owning a bank chartered under s.
221.1202; or a bank holding company wholly owning a bank chartered under
12 USC 27(b)(1). Section
221.1201 permits state-chartered banks to acquire stock in bank-owned banks. The rule would be the implementing provision under state law authorizing state-chartered savings and loan associations to acquire and hold stock in bank-owned banks. The rule would ensure that state-chartered savings and loan associations will not be at a competitive disadvantage with other financial institutions that have received similar authority under state or federal laws.
Statutory authority
Staff time required
40 hours.
Public Service Commission
Subject
The proposed rule revisions adopt for state purposes changes to the federal pipeline safety code that have been enacted since the last revisions to the state pipeline safety code were enacted. The state has adopted federal pipeline safety provisions in ch.
PSC 135, Wis. Adm. Code.
Policy analysis
Objective of the rule. Under an agreement between the federal Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 CFR Parts 192,
193 and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety. The state adopts the federal pipeline safety code in s.
PSC 135.019, Wis. Adm. Code. The Commission last promulgated revisions to ch.
PSC 135 in 1999. Since then, the federal DOT has adopted several final rules which revise the pipeline safety code. These changes include:
Federal Amendment 192-86, relating to qualification of pipeline personnel. This rule took effect August 27, 1999.
Federal Amendment 192-87, relating to determining the extent of corrosion on gas pipelines. This rule took effect on November 22, 1999.
Federal Amendment 192-88, relating to pipeline safety: gas and hazardous liquid pipeline repair. This rule took effect on January 13, 2000.
Federal Amendment 192-89, relating to underwater abandoned pipeline facilities. This rule took effect on October 20, 2000.
Federal Amendment 192-90, relating to qualification of pipeline personnel corrections. This rule took effect on August 20, 2001.
Federal Amendment 193-17, relating to incorporation of standard NFPA 59A in the liquefied natural gas regulations. This rule took effect March 31, 2000.
In this proceeding, the Commission will consider rule revisions designed to codify for state purposes these recently-enacted federal changes. The Commission may also consider revisions to its additions to the pipeline safety provisions. Currently, the Commission has promulgated several additions to the code. These additions are permitted under the federal agreement, as long as the additions do not adversely impact the federal requirements.
Statutory authority
Staff time required
The Commission estimates that fewer than 200 hours of employee time will be required to develop the rules. No additional resources are likely to be needed in order to complete this project.
Revenue
Subject
Sections
Tax 6.40,
11.11 and
12.40 - Relating to application procedures for property tax exemptions for waste treatment facilities.
Objectives of the Rule. To comply with the changes made to s.
70.11 (21), Stats., that eliminate the exemption application requirement for waste treatment property taxed under chapter 70 and to update statutory cross-references.
Policy analysis
Section
Tax 12.40 (2) specifies the application and approval process for the industrial waste treatment property tax exemption. Sections
Tax 11.11 (2) and
(5) (c) specify that industrial waste treatment property qualifies for sales and use tax exemptions if it has been approved as exempt from the property tax.
Under
2001 Wis. Act 16, owners of industrial waste treatment facilities will no longer be required to apply to the Department of Revenue (DOR) for property tax exemptions; the application process would continue to be required for property taxed under ch.
76, Stats. This change requires that ss.
Tax 12.40 and
Tax 11.11 be amended to eliminate reference to the DOR approval process for industrial property taxed under ch.
70, Stats.
Renumbering of the statutes in
1995 Act 227 and
1997 Act 35 and a change of address necessitate an update to s.
Tax 6.40 which guides the exemption for waste treatment facilities owned by public utilities.
No new policies are being proposed other than to reflect changes made in
1995 Act 227,
1997 Act 35 and
2001 Wis. Act 16. The standards and uses required for the property and the sales and use tax exemptions for industrial waste treatment property are unchanged.
Statutory authority
Staff time required
The department estimates it will take approximately 80 hours to develop this rule order.
Transportation
Subject
Objective of the rule. This rule making proposes to amend s.
Trans 102.15 (3) (a) 8. to require additional proof of identification documents from person using a “parolee" or “refugee" version of the federal I-94 arrival departure record. The “parolee" or “refugee" version of the federal I-94 document is a standard I-94 document that is hand-stamped to indicate the possessor's parolee or refugee status. The document is not secure identification and can be easily forged.
Policy analysis
Under the current regulation, such an I-94 document is accorded the same veracity as proof of identity as a passport or certified birth certificate. Refugees and parolees often leave their countries without passports or other identification documents, making it difficult for them to document their identities to the satisfaction of driver licensing agencies. The Department proposes to require persons having these types of I-94 documents as their sole source of identification to also provide the Department with a letter from their immigration sponsor and a copy of their Reception and Replacement Program Assurance Form, which bears a photograph of the person. Applicants who are unable to provide a copy of this form may be issued an ID or driver license, but only after the U.S. Immigration and Naturalization Service verifies their identity, which can take up to 60 days.
These rules are proposed in response to the September 11, 2001, terrorist hijackings in the United States, and are intended to help uncover any possible terrorist attempting to obtain identification documents through the Wisconsin Department of Transportation.
Statutory authority
Staff time required
50 hours.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 201, relating to outdoor advertising sign control, to address the broad range of issues related to signs controlled under the Highway Beautification Act and Wisconsin sign control law. The changes will address topics that have led to confusion and misunderstandings, appeals of Departmental decisions, and concern about the effectiveness of the program to achieve its objectives. The broad based amendment will include a comprehensive view of the rule to deal with the rule structure, inconsistencies and clarity.
Policy analysis
The existing rule establishes requirements and limitations for signs to carry out the federal and state law. Criteria established are in need of clarification to aid in the administration of the program. The clarification is needed to assist those that may be seeking a sign to understand the requirements, as well as be useful in reducing the likelihood of appeals based on differing interpretations of the current law or rule. Much of the rule has remained unchanged for nearly 20 years, and changes are needed to reflect experience with the rule and current drafting standards. Policy issues to be addressed include, but are not limited to: directional sign criteria; nonconforming signs; co-location of signs for on-premise activities; seasonal and temporary signs; fees; and electronic signs.
Statutory authority
Staff time required
Approximately 1000 hours, which represents the collective time anticipated to be spent by the Outdoor Advertising Program Coordinator, district sign coordinators, the Office of General Counsel, and the Bureau Director of the Highway Operations.
Transportation
Subject
Objective of the rule. This rule making will explain and clarify motor carrier weighing procedures at permanent weighing facilities operated by the Department of Transportation, Division of State Patrol (DSP) and private scales.
Policy analysis
Chapter
Trans 276, relating to size and weight of vehicles and vehicle combinations, identifies and designates highways where overlength vehicles and combinations of vehicles can be operated and clarifies state and federal rules affecting the weight, width and length of vehicles and combinations of vehicles and the number of vehicles in combination.
The proposed amendment to ch.
Trans 276 will explain and clarify weighing procedures referenced in s.
348.15 (5), Stats., as being “performed in accordance with and under conditions accepted as good weighing technique and practice" by incorporating the weighing techniques identified in the DSP “Weight Enforcement Manual." These techniques are currently incorporated into DSP motor carrier weighing procedures and are taught by the Wisconsin State Patrol Academy to State Patrol and non-State Patrol law enforcement officers who also enforce motor carrier weight limitations specified in Wisconsin statutes and federal rules.
Statutory authority
Sections. 85.16 (1) and 227.11 (2) (a), Stats.
The statues to be interpreted by this rule making are ss.
348.01 (2) (am) and
348.15 (5), Stats., relating to weighing motor carriers and general terms of enforcement of weight limitations for motor carriers.
Staff time required
100 hours.
