Minutes
April 18, 2017
1:00p.m. – 4:00 p.m.
Governor’s Conference Room, State Capitol. Madison, WI
-Members Present: Senator Patrick Testin, Representative Adam Neylon, Matthew Spencer, Dillon McGee, Joe Knilans, Guy Wood, Connie Smith, Erich Korth, Melissa Kadrmas, Nancy Mistele, Steve Davies, and Jim Ring
I. Call to Order
Ø Chairman Neylon calls the meeting to order.
II. Approval of minutes from the January 31, 2017 Board meeting
Ø Jim Ring motioned was seconded by Erich Korth. The motion passed unanimously.
III. Wisconsin Public Records Law basics, by Chris Green of the Department of Administration
Ø A short video was shown by Chris Green of DOA. The presentation detailed to the board how to comply with Wisconsin’s public records laws, also known as sunshine laws. Every record is presumed to be accessible to the public. The presentation included information that defined what a public record was, what a public record isn’t, how to retain public records, how to recognize a public records request, and where to go for help when dealing with public record questions and requests.
Ø Over 32,000 employees have received this training and now all boards are receiving the training as well. Mr. Green explained that members shouldn’t discuss board business outside of meetings, as these conversations are considered records. As a board, the originator of records is responsible for keeping the records. The board agreed to include Joe Knilans and Nancy Mistele on all emails or distributions sent out to the board, as they are the custodians of record.
IV. The Board will hear information regarding regulations relating to do-not-call lists, door-to-door solicitations and the consumer bulletin from Andy Kurth, owner of Weedman, and from DATCP.
Ø Andy Kurth went into detail regarding various regulations that are hindering growth of his business. He first detailed issues regarding telemarketing phone calls and complaints made of his business. It was found that 9 of the 10 complaints were not founded. Mr. Kurth stated that his company spent roughly $10,000 and spent hours attempting to resolve issues that were presented to his business. Rep. Neylon stated that the state should have uniform solicitation laws, which should advance with technology.
Ø Mr. Kurth went on to detail how he handles his day to day business and outlined various permit problems between municipalities. With municipalities continuing to change their ordinances regarding door to door sales, it has made it hard for Weedman to conduct consultations. DATCP recently put out fliers that warned citizens of potential scams performed by door to door salesmen.
Ø Mr. Kurth went into detail about a statewide landscaper’s registry. Citizens can register with DATCP, to be notified when pesticides are being sprayed in their neighborhood. Mr. Kurth has stated that at times, it can be difficult to do notify these citizens as they do no answer their phones. At times, the company has had to reschedule because they were not able to contact a neighbor signed up on the registry. The board fixed various ways on his this can fixed, such as allowing other forms of communications to members on the registry. Mr. Kurth stated that fixing the registry notification system, along with better communication with Municipalities are his companies two biggest goals.
Ø Jeff Lion from DATCP stated that some of the issues regarding unsolicited calls that were stated by Mr. Kurth have been resolved. Mr. Lion brought his colleague Frank to discuss fraudulent projects and scams from unwanted sellers after large storms or floods. Press releases stated that citizens should “Be on the Lookout for Storm Chasers,” were meant to educational and not meant to harm small businesses like Weedman.
Ø DATCP went on to explain that the number one complaint they receive deals with the state’s “Do Not Call List.” Many of these scam calls originate internationally. When investigating part of the process is taking a look at where the call is coming from, when the call is made. There are certain exceptions to the “Do Not Call List.”
Ø DATCP went onto to describe pesticide restrictions and their role with state and federal laws. Prior to using restrictive pesticides for commercial use, individuals must pass a federal test and get licensed. Wisconsinites are able to sign up to the Landscape Registry List, which was originally pushed by the City of Milwaukee. The registry states that if pesticides are being used on the same block or an adjacent block, any individual who is on the landscape registry, must be notified. Citizens must sign up before February for this service.
V. The Board will review a letter of support for removal of the Cosmetology Manager License for small businesses.
Ø Rep. Neylon read his draft letter on LRB 0588/P1, One minor change that will be made to the letter is the inclusion of a bill number. The bill received a public hearing and Rep. Neylon testified on behalf of the SBRRB. The next step would be an executive session and the legislation would then go to the floor in both houses.
VI. The Board will discuss any feedback on Septic Pumpers and Haulers.
Ø Mr. Wood stated that the problem he was seeing was that pumpers were having issues in the winter. There is now a summer and winter rate for septic pumpers. Only two local municipalities can take the sewage from the local pumpers. There have been three local pumpers go out of business due to these problems. There is nowhere to put it.
Ø Mr. Kurth stated that his local pumpers have no issue dumping it, but they all stated that municipalities are having a harder time accepting it and costs have skyrocketed.
Ø Joe Knilans is going to ask DNR address the board regarding this issue. Knilans asked the board to get any questions they have to him prior to the next meeting.
VII. Administrative Rules discussion:
· DNR-FH - 17 - 16 Emergency Rule, provides that the department may regulate fishing on and in all interstate boundary waters and outlying water.
· DNR-NR - 10, 12, 15, 19, related to trapping regulations and turkey hunting regulations or permit applications.
· DHS – 78, related to the Telecommunication Assistance Program (TAP)
· DHS – 38, related to abled-bodied adults without dependents who need to meet a requirement for continued FoodShare benefits
· DWD - 131 ER, related to pre-employment drug testing, and substance abuse treatment and job skills assessment.
· DATCP - ER 70 & 87, related to Wisconsin’s maple syrup grade standards.
· DATCP – 10, related to testing and requirements for swine imported into or moving within Wisconsin.
· DATCP – 17, related to animal health on livestock premises registration.
· DATCP – 16, related to animal health rules for dog sellers and facility operators program.
· D ATCP - 10 & 12, this proposed rule will be reviewed to determine if rules regarding livestock should be modified.
· DHS – 145, related to a surveillance system for the purpose of controlling the incidence and spread of communicable diseases.
· DOR - Tax 2 & 11, related to procedures on imposing a penalty for failure to produce records, as provided by 2015 Wis. Act 218.
· DOR - Tax 1, 2, 3 & 9, the rule (1) reflects various law changes, (2) clarifies a rule, and (3) corrects errors in current rule provisions.
§ The board discussed DATCP 70 & 87 regarding maple syrup grade standards. It was noted that Michigan and Ohio do not grade their syrup. DATCP is working on the permanent rule regarding grading. It was also noted that grading has nothing to do with quality of syrup.
VIII. The Board may take action on any of the above items
Ø Rep. Neylon notified the board that the Reins Act would be getting a public hearing in the Assembly on April 19, 2017. Rep. Neylon detailed the basic outline of the bill, AB 42.
Ø Mr. Knilans mentioned a whistleblower protection board. The board would protect citizens from an overreaching government. He stated that no citizen should have to worry about push back from government officials if he/she blow the whistle on a state agency.
Ø Mr. Davies stated that many businesses face struggles trying to find suitable employees. He also stated that he has found many examples of fraudulent behavior when conducting the work search requirement when obtaining unemployment benefits. Mr. Davies went onto say that time and money is being wasted and the program is being abused.
IX. Adjournment
Ø Meeting adjourned 3:41pm