Objective of the proposed rule. To update the Department's criteria in ch. Comm 110 for awarding grants for brownfields redevelopment to be consistent with associated statutory changes that were enacted in 2001 Wis. Act 16, and to update the requirements for applying for the grants.

Section 560.13 (6), Stats., requires the Department to promulgate rules that establish criteria for awarding grants under the section for brownfields redevelopment or associated environmental remediation. These rules are currently in chapter Comm 110, which also includes requirements for applying for the grants, the conditions of required contracts with the Department, limitations on use of the grant funds, and requirements for submitting financial audits and program reports.

2001 Wis. Act 16 modified section 560.13, Stats., by (1) expanding the listing of eligible applicants to include trustees and nonprofit organizations, and (2) prohibiting use of any grant funds to pay either delinquent real estate taxes or lien claims of the Department of Natural Resources or the federal Environmental Protection Agency.

The proposed changes to ch. Comm 110 would (1) modify the definitions to match the statutory listing of eligible applicants, (2) expand the limitations on use of grant funds to include the statutory prohibition relating to delinquent taxes or lien claims, and (3) update several aspects of the application procedure that have evolved since the chapter was initially created as an emergency rule in 1997.

The alternative of not updating ch. Comm 110 to match the changes in 2001 Wis. Act 16 would result in unworkable conflicts between the chapter and the overriding statute.

Section 560.13 (6), Stats.

The Department estimates approximately 100 hours will be needed to develop the rule changes. This time includes drafting the changes and processing them through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rule changes, and no other additional resources will be needed.

Objective of the proposed rule. To create ch. ElBd 9 establishing the method by which an elector's ballot is challenged at a polling place and the method by which the elector's eligibility to vote is tested.

Section 6.92, Stats., requires the State Elections Board to promulgate a rule establishing the questions that are to be asked an elector whose ballot is challenged at the polling place on election day. ch. ElBd 9 ballot challenges is the Board's response to that requirement. Ch. ElBd 9 will set forth the bases for a challenge, the procedure for a challenge and the questions that may be asked an elector to test his or her eligibility to vote.

Sections 5.05 (1) (f) and 227.11 (2) (a), Stats.

8 hours of staff time.

Objective of the proposed rule. To comply with the legislative mandate of 2001 Wis. Act 16 that the commissioner promulgate rules specifying the manner in which rates must be published under new s. 635.12, Stats.

This is a new rule and policies have yet to be developed, the legislative mandate evinces a policy that such rates shall be published annually.

Sections 601.41, 635.05 (7) & 635.12, Stats.

40 hours.

Objective of the proposed rule. The department plans to propose a rule, ch. NR 148 which would consolidate requirements for facilities and laboratories - reporting data to the agency.

The department has identified several inconsistencies in data reporting requirements. These inconsistencies have made it difficult for the department's customers to understand and follow applicable Administrative Rule requirements. Traditionally, the department has relied on paper reporting mechanisms and current administrative rules reflect that mode of operation. Electronic reporting mechanisms will provide an opportunity to increase efficiency and reduce errors; however, department rules need updating to allow for electronic transmittals. The department will begin the administrative rule drafting process to consolidate and bring consistency, where possible, to data reporting requirements and to provide a regulatory foundation for electronic data reporting. In most cases, the information provided with reported results is inadequate to determine the quality of the data and limits its utility for decision-making. This rule making effort will affect all DNR environment programs, regulated facilities, and laboratories which report data to the department comprehensive changes to data reporting requirements will be made for all department rules at one time as part of this proposed rule package.

Chapters 280, 281, 283, 285, 289, 291, 292 and 299, Stats.

510 hours.

Objective of the proposed rule. Revision of NR 150, Environmental Analysis and Review Procedures for Department Actions.

Ch. NR 150, the department's rule guiding implementation of the Wisconsin Environmental Policy Act (WEPA) was last comprehensively updated in 1987. Significant changes have taken place since then with respect to the department's statutory authorities and the extent to which the department has incorporated the elements of the environmental analysis (WEPA) process into its various resource planning, management and permit review procedures. In addition, the department has many more years of experience to help shape it understanding of the potential environmental effects and level of public interest attendant to its resource management and regulatory activities. These changes necessitate revisions to NR 150. A primary goal of the revision process will be to further streamline the department's procedures by eliminating duplicative and unproductive work and increasing the department's focus on cumulative and ecosystem-level environmental effects.

Section 1.11, Stats.

130 plus hours.

To implement and administer a pharmacy internship program.

Objective of the proposed rule. To implement and administer a pharmacy internship program to reflect recent statutory amendments to s 450.04 (3) (b), Stats, effective December 31, 2001.

Currently, no board rules exist to specify the requirements for the implementation and administration of a pharmacy internship program and establish necessary procedural and substantive guidelines for such a program.

Sections 15.08 (5) (b), 227.11 (2) and 450.03 (3), Stats.

100 hours.

To allow practitioners and pharmacists to better meet legitimate patient need, not inconsistent with federal controlled substances prescription rules.

Objective of the proposed rule. Current requirements of s. Phar 8.05 (5) for the dispensing of prescription orders provides that no pharmacy, individual practitioner or other DEA registered dispenser may dispense at any one time, and no individual practitioner may prescribe for dispensing at any one time, a controlled substance in any quantity exceeding a 34-day supply, except that up to a 90 day supply of any schedule III or IV anticonvulsant substance as determined by the directed dosage and frequency of dosage, may be prescribed and dispensed at one time. The proposed rule modification would make this section consistent with federal dispensing law.

Removing the 34-day restriction currently contained in s. Phar 8.05 (5), will better meet legitimate patient need in instances where a proper course of treatment as determined by a practitioner necessitates ongoing drug therapy such that dispensing a greater supply of any controlled substance will promote efficiency and continuity of treatment as well as patient convenience. The modification of this rule will therefore allow pharmacists and practitioners to more fully exercise their professional judgment in prescribing and dispensing of controlled substances.

Sections 15.08 (5) (b), 227.11 (2) and 450.02 (3) (a), (d) and (e), and 961.31, Stats.

100 hours.

To allow the board to grant a variance from the requirement of a pharmacy to have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located.

Objective of the proposed rule. To provide greater flexibility to pharmacies in meeting the security requirements of s. Phar 6.08 consistent with the public health, safety and welfare.

Currently, s. Phar 6.08 requires a pharmacy to have a centrally monitored alarm system in the pharmacy or the immediate physical structure within which the pharmacy is located. Depending upon the physical structure or location of the pharmacy, other means may be available to provide for security of the pharmacy consistent with the public health, safety and welfare. Providing pharmacies a means to seek a variance from the requirements of s. Phar 6.08 will allow legitimate alternate methods of achieving security to be scrutinized and approved by the board.

Sections 15.08 (5) (b), 227.11 (2) and 450.02, Stats.

100 hours.

1999 Wis. Act 9 and 2001 Wis. Act 16, Technical Changes.

The department proposes to make the following technical rule modifications:

• Chapter PI 10, relating to supplemental aid for school districts with a large area, has been modified to change school district eligibility criteria under the grant program. The chapter is amended to be consistent with the statutory changes made to s. 115.435, Stats., pursuant to 2001 Wis. Act 16.

• Chapter PI 12, relating to the Wisconsin School for the Deaf and the Wisconsin School for the Visually Handicapped, has been modified to replace the “Wisconsin School for the Visually Handicapped" with the “Wisconsin Center for the Blind and Visually Impaired." The school name has been replaced to be consistent with the statutory name changes made under Subch. III of Ch. 115 pursuant to 1999 Wis. Act 9.

• Chapter PI 37, relating to national teacher certification grants, has been modified to eliminate the requirement that a person be a resident of this state in order to receive a grant.

These rule modifications bring an existing rule into conformity with a statute that has been changed or enacted and are considered technical. Therefore, pursuant to s. 227.16 (2) (b), Stats., the department will not hold public hearings regarding these rules.

Sections 227.11 (2) (a), 227.16 (2) (b), 115.42 (4) and 115.435 (3), Stats.

The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in creating the rule language, itself, will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.

School start date.

2001 Wis. Act 16 requires school boards to start a school term after September 1 unless it submits a request to the Department of Public Instruction stating the reasons they would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it. The department is required to promulgate rules to implement and administer this provision:

Sections 118.045 (3) and 227.11 (2) (a), Stats.

The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in creating the rule language, itself, will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.

1999 Wis. Act 9 and 2001 Wis. Act 16, Technical Changes.

Elimination of obsolete rules:

The department proposes to repeal the following rule chapters because of the elimination or modification of statutory language relating to these chapters:

• Chapter PI 23, relating to the youth initiatives program. This chapter will be repealed since the youth initiatives program under s. 115.28 (21), Stats., was eliminated June 30, 1996, pursuant to 1995 Wis. Act 27.

• Chapter PI 33, relating to academic excellence higher education scholarships. This chapter will be repealed since the program is no longer required by statute to be jointly implemented by both the Higher Educational Aids Board (HEAB) and the department. Current statutes, pursuant to 1993 Wis. Act 457, require the program to be implemented by HEAB only.

• Chapter PI 39, relating to collaborative projects. This chapter will be repealed since the grants for collaborative projects under s. 115.28 (35), Stats., was eliminated June 30, 1996, pursuant to 1995 Wis. Act 27.

• Chapter PI 43, relating to reporting of pupils attending technical college districts. This chapter will be repealed since the reporting requirement under s. 115.28 (38), Stats., was eliminated pursuant to 1995 Wis. Act 27.

The elimination of these chapters is technical because the statutes no longer exist for the rule to interpret or implement. Therefore, pursuant to s. 227.16 (2) (b), Stats., the department will not hold public hearings regarding these rules. The department no longer collects information, requires data, or distributes funds that are affected by these rule chapters. Therefore, an initial applicability clause is not necessary.

Sections 227.11 (2) (a), 227.16 (2) (b), Stats.

The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in drafting the language to repeal the rule chapters will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.

Training requirements certificates for individuals to carry a firearm while on duty as a private security person and relating to the approval of firearms proficiency certifiers.

Objective of the Rule. To clarify issues relating to applicants for a firearms permit who have received equivalent firearms training, and relating to the approval of firearms proficiency certifiers who have received equivalent firearms instructor training.

The current rules recognize 30 hours of equivalent training that a person may have received in another state, provided that the training was obtained 5 years prior to applying for a firearms permit and that the person was authorized by another licensing jurisdiction or governmental agency to carry a firearm while on duty as a peace officer, a person who standards watch for security purposes or as a private detective.

Section RL 34.04 (2) (a) 3. permits the department to approve a person as a firearms proficiency certifier who has, on or after January 1, 1995, been approved as a firearm instructor by the Wisconsin Law Enforcement Standards Board or by the National Rifle Association, provided the person takes a 6-hour refresher course offered by one of Wisconsin's vocational technical colleges that has been approved by the Wisconsin Law Enforcement Standards Board.

The new policy would accept, as equivalent firearms training, that training that was obtained by a current or former peace officer within 5 years preceding application for a firearms permit. The new policy would permit the vocational technical colleges that have been approved by the Wisconsin Law Enforcement Standards Board, as well as other qualified schools to offer the complete firearms instructor course and the 6-hour instructor refresher course.

Sections 227.11 (2) and 440.26 (3m), Stats.

100 hours.

Sections Tax 11.11 and 12.40 - relating to application procedures for property tax exemptions for waste treatment facilities. Objective of the proposed 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 ch. 70.

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 (2) and 11.11 (2) and (5) (c) be amended to eliminate reference to the DOR approval process for industrial property taxed under ch. 70, Stats.

No new policies are being proposed other than to reflect changes made in 2001 Wisconsin Act 16. The standards and uses required for the property and the sales and use tax exemptions for industrial waste treatment property are unchanged.

Sections 77.61 (9) and 227.11 (2), Stats.

The department estimates it will take approximately 80 hours to develop this rule order.