An order amending s. Trans 269.11 (2a), relating to transportation of garbage or refuse permits.
The following administrative rule orders have been adopted and published in the December 31, 1996 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade & Consumer Protection (CR 96-71):
An order affecting chs. ATCP 10 to 12, relating to animal health, including farm-raised deer and poultry disease reporting requirements.
An order affecting chs. ILHR 63 and 64, relating to ventilation and energy conservation.
An order amending ss. ILHR 14.31 (3) (c) 1., ILHR 14.36 and ILHR 14.38, relating to the inspection of fire extinguishing systems.
An order repealing and recreating s. ETF 10.75, relating to signatures on Wisconsin Retirement System (WRS) documents by an agent holding the person's power of attorney.
An order creating ss. ETF 20.04 (4), 20.07 and 60.53, relating to optional forms of annuity and to automatic distributions of Wisconsin Retirement System (WRS) benefits to participants and alternate payees who have attained age 69.5 and to beneficiaries of deceased annuitants.
An order affecting ss. ETF 10.01, 20.14, 20.15 and 20.16, relating to purchases of service under the Wisconsin Retirement System, including forfeited, qualifying and other governmental service.
An order affecting ss. HSS 124.27, 124.29, 124.30, 124.31, 132.812, 132.815 and 134.815, relating to review of plans for constructing or remodeling a hospital, nursing home or facility for the developmentally disabled (FDD), including review for compliance with the State Building Code, and fees for plan review.
An order affecting s. Ins 6.20, relating to investments by town mutual insurers.
An order affecting chs. Ins 14 and 51, relating to financial standards for insurers.
An order affecting the chs. NR 400 series, relating to revision of the definition of volatile organic compound (VOC), and to updating, clarification and corrective changes throughout the chs. NR 400 series.
Part effective 01-01-97.
An order affecting ss. NR 20.015, 20.03 and 21.04, relating to sport fishing.
Part effective 03-01-97.
Part effective 04-01-97.
An order creating s. NR 20.04 (5), relating to sport fishing in urban waters.
An order repealing and recreating s. NR 20.038, relating to special size and bag limits for sport fishing on the Lac du Flambeau reservation.
An order affecting ss. NR 20.03, 20.036, 20.13 and 20.18, relating to sturgeon spearing.
An order amending ss. NR 20.02 (1) (c) and 25.05 (1) (e), relating to sport and commercial fishing for yellow perch in Lake Michigan.
An order amending s. NR 20.08 (10), relating to fishing tournament permitting.
An order repealing and recreating s. Tax 11.95, relating to the retailer's discount.
An order affecting ss. Tax 11.28, 11.46, 11.51 and 11.87, relating to Wisconsin sales and use taxes.
An order affecting chs. SEC 2, 3, 4, 5, 32, 33, 35 and 37 and ss. SEC 7.06, 9.01, 31.01 and 34.01, relating to:
1) Securities registration exemptions;
2) Securities registration procedures, substantive registration standards and disclosure requirements;
3) Securities broker-dealer, securities agent and securities investment adviser licensing requirements and procedures;
4) Franchise definitions;
5) Franchise registration exemptions;
6) Franchise registration procedures, substantive registration and disclosure requirements;
7) Franchise registration or exemption revocations and fraudulent practices;
8) Franchise fee-related provisions; and
9) Franchise forms.
An order affecting ch. Trans 128, relating to a traffic violation and registration program.
An order creating ch. DWD 75 (HSS 275), relating to appeal procedures for persons applying for or receiving vocational rehabilitation services.
Final Regulatory Flexibility Analyses
Agriculture, Trade & Consumer Protection
Chs. ATCP 10 - 12 - Animal diseases and animal movements.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule establishes the policies and procedures whereby the Department of Agriculture, Trade and Consumer Protection will implement 1995 Wisconsin Act 79 which transferred the primary authority for regulating “farm-raised deer” from the Department of Natural Resources to the Department of Agriculture, Trade and Consumer Protection. The rule incorporates recently adopted USDA regulations related to branding and shipping to slaughter cervidae and bovine animals defined as tuberculosis suspects or reactors. The rule also includes provisions responding to the recently reached agreement with USDA/APHIS and its Russian counterparts regarding the export of poultry meat to the Russian Federation.
This proposed rule will affect small businesses in Wisconsin. It includes provisions which relate to small businesses engaged in farming specific genera of the family Cervidae defined as “farm-raised deer”, cervidae in general and bovine animals, the practice of veterinary medicine and livestock trucking, livestock dealing and operating a livestock market.
The statute requires that any person who keeps farm-raised deer must be registered with the department. This proposed rule defines keeping farm-raised deer as owning, renting, leasing or serving as the custodian of farm-raised deer. For those keeping farm-raised deer, the rule proposes an annual registration fee of $50 for persons keeping 15 or fewer farm-raised deer and $100 for persons keeping more than 15 farm-raised deer. If the department has certified the herd as an accredited tuberculosis-free herd, the keeper is required to register, but the fee is waived. After December 31, 1998, no fee will be charged to any keeper, but all persons becoming keepers of farm-raised deer must register. In registering, keepers of farm-raised deer will need to complete a form providing owner and custodian name and address and herd information.
The rule provides options to keepers of farm-raised deer who have multiple locations. They may register as one entity and pay one fee or they may register each location separately paying multiple fees. Registering as one entity will allow free movement of cervidae between the locations, but the department will view the multiple locations as one premise for disease traceback and control purposes.
The rule requires keepers of farm-raised deer to maintain records for two years relating to all farm-raised deer purchased or received, sold or delivered, including the names and addresses of the parties involved, the official identification of the farm-raised deer, and the date and location of each transaction.
About 150 farms scattered across Wisconsin will be affected by the farm-raised deer requirements in this rule. These farms are presently being licensed by the Department of Natural Resources, by completing an annual license application form, paying an annual $100 fee and submitting quarterly reports on sales, purchases and transfers. Under the Department of Agriculture, Trade and Consumer Protection, registration fees for farms with fewer than 15 deer will decrease, from $100 to $50 annually. The effect on small business in the future will be a further reduction in costs as the annual registration requirement and fee both sunset. While this rule requires the keeper of farm-raised deer to maintain records of transactions, this requirement is less burdensome to the keepers than the DNR requirement of quarterly reporting.
The statute requires owners of animals subject to bovine tuberculosis testing to provide animal handling facilities to ensure the safety of the animal being tested and the persons performing the testing. This proposed rule requires the owner or custodian of cervidae to restrain the cervidae for tuberculosis testing by: 1) providing a cervidae handling facility which meets the minimum standards as outlined in the rule; 2) tranquilizing sufficiently to ensure safe testing of the animal and to protect the person conducting the test or; 3) utilizing a private isolation and testing facility, where the testing can be conducted, including transporting the animal to the facility. The expense of any one of these options is to be borne by the small business. The department has provided alternatives to constructing and maintaining a cervidae handling facility because the alternatives accomplish the same goal and provide cost and management alternatives for small businesses. The owner or custodian will be able to minimize costs by choosing the least costly alternative.
This rule creates a requirement for owners or custodians of cervidae to obtain a department permit in order to move a cervid to an isolation and testing facility. The requirement to obtain a department permit prior to moving an untested cervid to an isolation and testing facility may add minimal costs for the small business person choosing this option, but presumably the business person will consider those costs when deciding which restraint option to choose. The disease control concerns outweigh the minimal cost associated with this requirement.