Ch. Tax 11
S. Tax 11.86 (6) had a correction made under
s. 13.93 (2m) (b) 1., Stats.
Veteran Affairs:
Ch. VA 1
S. VA 1.06 (entire section) had a correction made
under s. 13.93 (2m) (b) 7., Stats.
ERRATA
Items reprinted to correct printing errors such as dropped copy (or other errors) are indicated in the following listing:
Commerce:
(Infectious Agents, Ch. Comm 35)
Ch. Comm 35 (cover page) reprinted to correct phone number, and the rest of the chapter is reprinted to correct organizational style, as well as spelling and other miscellaneous errors.
Financial Institutions:
(Savings and Loan) (cover page) reprinted to correct phone number.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 98-152)
Chs. ATCP 10 and 11 - Fees Related to Livestock Markets, Livestock Dealers, Livestock Truckers, Approved Feed Lot Operators, Keepers of Farm-Raised Deer and Forms for Interstate Health Certificates or Certificates of Veterinary Inspection.
Summary of Final Regulatory Flexibility Analysis:
General Overview
This rule changes the fee charged for a livestock market license, a livestock dealer license, a livestock trucker license, a livestock vehicle registration, an approved feedlot permit and an interstate health certificate or certificate of veterinary inspection form. This rule also continues the annual registration process for farm-raised deer which expired on December 31, 1998, and eliminates any farm-raised deer registration fee exemptions.
This rule will affect small businesses in Wisconsin. It includes provisions which relate to small businesses engaged in livestock activities such as marketing, dealing, trucking and feedlot raising, veterinary services and the farming of farm-raised deer.
Livestock Market, Dealer and Trucker Licenses and Approved Feedlot Permits
Wisconsin statutes require a person operating a livestock market or operating as a livestock dealer or livestock trucker to be licensed by the Department of Agriculture, Trade and Consumer Protection. Additionally, any livestock vehicles used by the person to transport livestock in the state must also be registered by the department. Wisconsin statutes also authorize the department to issue approved feedlot permits. The department has statutory authority to set fees for these licenses and permits by rule.
For a livestock market operator:
For a market, other than an equine market, conducting sales on 5 or more days a year, the fee changes from $150 to $225.
For a market, other than an equine market, conducting sales on fewer than 5 days a year, the fee changes from $75 to $115.
For an equine market, the fee changes from $100 to $150.
For a livestock dealer:
The fee changes from $75 to $115.
For a livestock trucker:
The fee changes from $20 to $30.
This rule changes the fee that a livestock market operator, livestock dealer and livestock trucker must pay for a supplementary annual license for each livestock vehicle registered from $5 to $10. This rule also changes the fee that a feedlot operator must pay for an approved feedlot permit from $50 to $75.
Many small businesses involved in livestock activities across Wisconsin will be affected by these fee increases. Presently, 62 basic annual livestock market licenses, 457 basic annual livestock dealer licenses, 486 basic annual livestock trucker licenses and 50 approved feedlot permits are issued along with 3,359 supplementary annual licenses for registered livestock vehicles. The department does not have adequate information to allow it to determine how many of these businesses fit the definition of small businesses. The department assumes that a significant number of these businesses are properly classified small businesses.
These small businesses will experience an increase in the cost of obtaining licenses, permits or certificates related to their business. The actual dollars of the increases vary from $5 for livestock vehicles to $75 for livestock market operators who conduct more than 5 sales per year. The benefit to these businesses of having the department provide services designed to assure the health of animals in Wisconsin animal agriculture far outweighs the amount of additional fees which each business will pay.
The regulatory work performed by the department is essential to the control of animal diseases in the state thus creating a viable environment for these small businesses to operate in. The department enforces requirements designed to prevent the introduction of diseased animals, conducts surveillance programs designed to detect diseases and takes steps to control outbreaks of contagious diseases. These department services help to ensure healthy livestock and a strong continuing animal agriculture industry for the state.
There are no requirements in this rule relating to recordkeeping or reporting information to the department.
Interstate Health Certificate Forms
The department presently furnishes veterinarians in the state with forms which are used by them to issue interstate health certificates or certificates of veterinary inspection. The current fee for a form is $2.
This rule changes the form fee from $2 to $3.
All veterinary services in the state that issue interstate health certificate forms will be affected by this fee increase. Health certificates are prepared for the movement of animals. Approximately 28,000 health certificate forms are sold by the department each year. This fee increase will increase the operating costs of these veterinary services in direct proportion to the number of health certificate forms they issue.
Interstate health certificates serve as a mechanism to regulate the animal industries of the state. They guarantee the movement of healthy animals, thus providing protection to the animal owners of the state and reducing any public health risk. This fee increase supports the department's continuing efforts to ensure the health of the animals in the state resulting in savings in the future for the Wisconsin animal owner.
This rule does not add any recording keeping or reporting requirements to small businesses.
Farm-Raised Deer Registrations
Wisconsin statutes require a person keeping farm-raised deer to register with the department. Wisconsin statutes also authorize the department to set fees for farm-raised deer registration by rule. The department established an annual registration and the following annual fees:
$50, for 15 or fewer farm-raised deer.
$100, for more than 15 farm-raised deer.
$0, if the herd of farm-raised deer is certified by the department as an accredited tuberculosis-free herd.
The department also set both these requirements, the annual registration (renewal) and the annual fee, to end on December 31, 1998.
This rule eliminates this sunset provision. Fees will continue at the same level, except the exemption for an accredited tuberculosis-free herd is removed. All farm-raised deer owners are required to register annually and pay the applicable fee.
Approximately 280 farm-raised deer farms exist that are impacted by this rule change. These farmers have paid annual registration fees up through and including 1998. This rule does not change or increase the fees which they have paid. It increases their anticipated costs of doing business because it requires payment of a fee which the farmers expected to be sunset at the end of 1998. A small number of these farmers, less than 30, presently pay no fee since they have herds certified as accredited tuberculosis-free herds by the department. These farmers will experience an increase in annual costs since they are now required to pay a registration fee.
Whether or not a fee is applicable, all farm-raised deer farmers were required to complete an annual registration application. Under the current rule, the requirement to file an annual registration application sunset at the end of 1998. Therefore, there is a minimal additional requirement of requiring these businesses to continue to file the application form which they have previously filed. This form is very short and does not require extensive time or effort to complete.
The department has incurred substantial costs in responding to the needs of the farm-raised deer industry to date. Continuation of farm-raised deer registration fees will help to maintain essential program work. The recent state cervidae tuberculosis outbreaks signify the necessity of an animal health program for deer and elk. The growth and prosperity of the industry is dependent upon healthy stock. The benefit to the industry of having this department work continued exceeds the costs incurred to comply with this rule.
Summary of Comments from Legislative Committees:
On February 8, 1999, this department transmitted the above rule for legislative committee review. On February 9, the rule was Assigned to the Assembly Committee on Agriculture and on February 10, the rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform.
The Assembly Committee on Agriculture held a public hearing on March 11 and on April 1, the committee released the rule not taking any action on it. The Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform did not take any action on the rule during its review period.
2.
Agriculture, Trade & Consumer Protection
(CR 98-123)
Chs. ATCP 10 & 11 - Fish Farms, Fish Diseases and Imports of Live Fish and Fish Eggs
Summary of Final Regulatory Flexibility Analysis:
General Overview
This rule establishes policies and procedures for the department of agriculture, trade and consumer protection to implement 1997 Wisconsin Act 27 which transferred the primary authority for regulating fish farms from the department of natural resources to the department of agriculture, trade and consumer protection.
This rule will affect small businesses in Wisconsin. It includes provisions which relate to small businesses engaged in fanning fish and importing live fish and fish eggs into Wisconsin.
Fish Farm Registration
The statute requires that any person who operates a fish farm must annually register the fish farm with the department. This rule identifies two categories of fish farms that must register and imposes annual registration fees, as follows:
Type 1 ($25 annual fee): The holder of a type 1 registration certificate may operate a fish farm. The operator may not sell or distribute live fish, except to a food processing plant, retail food establishment or restaurant. However, the operator may allow public fishing for a fee.
Type 2 ($50 annual fee): The holder of a type 2 registration certificate may operate a fish farm and may engage in any of the activities authorized under a type 1 certificate. In addition, the operator may sell or distribute live fish and fish eggs from the fish farm.
All private fish hatcheries previously licensed by the department of natural resources in 1997 were eligible for renewal with the department of agriculture, trade and consumer protection under the department's fish farm emergency rule in 1998. This rule establishes a permanent registration system for fish farms. In registering, fish farm operators will need to complete a form providing owner and custodian name and address and fish farm information such as the species of fish kept on the fish farm and a description of the fish farm.
The rule requires fish farm operators to maintain records for at least five years relating to all fish and fish eggs which the operator receives from or delivers to another person, including the names, addresses and fish farm registration numbers, if applicable, of the parties involved, the date and location of each transaction and the size or class, quantity and species of fish or fish eggs involved in each transaction.
The rule also requires that a person obtaining a registration certificate for any calendar year beginning after December 31, 2001, must have a health certificate issued by an accredited veterinarian or certified fish inspector for the fish farm not earlier than January 1 of the preceding calendar year. This annual health certificate must certify that the fish farm is free of all visible signs of infectious or contagious disease, whirling disease (Myxobolus cerebralis, or WD), if trout, salmon or other salmonids are kept on the fish farm and any other disease which the department of agriculture, trade and consumer protection specifies on the health certification form. A type I fish farm may meet this requirement by obtaining health certificates, issued not earlier than January 1 of the preceding calendar year, for each fish farm from whom the type 1 fish farm operator received fish or fish eggs in the preceding calendar year.
About 2,400 fish farms scattered across Wisconsin will be affected by the fish farm requirements in this rule. These farms were previously licensed by the department of natural resources, by completing an annual license application form, paying an annual fee ($5, $25 or $50 depending upon the classification) and submitting year end reports on business operations. Under the department of agriculture, trade and consumer protection, the proposed annual fees are $25 for a type 1 and $50 for a type 2 registration. Most small business fish farms will have no change in fees. Recordkeeping requirements will be less burdensome for fish farm operators since they will only be required to maintain records and not file year end reports.
Beginning in 2002, the requirement for an annual health certificate for all registered fish farms will increase the costs of operating a fish farm. The requirement for an annual health certificate is a statutory requirement. The department provided a phase-in time with its rule designating a date of after 12/3 1/01 to obtain a health certificate.. Therefore, the rule does not cause additional expense. Rather, it mitigates expense caused by the statute. The weight of this expense will be offset in the future with better fish health leading to increased production and marketability of product due to higher fish health standards.
The statute requires any person who brings live fish or fish eggs into this state for the purpose to introduction into the waters of the state, of use as bait or of rearing in a fish farm to have an annual permit issued by the department of agriculture, trade and consumer protection. Under this rule, the permit may authorize multiple import shipments, thereby minimizing the paperwork that small businesses are required to complete. A copy of the permit must accompany every import shipment. There is no fee for an import permit given by the department of agriculture, trade and consumer protection. In addition, the statute states a person importing non-native species must also obtain a permit from the department of natural resources.
In requesting an import permit, a person will need to complete a form providing name and address information of the requester, fish farm registration number, if applicable, the size or class, quantity and species of fish or fish eggs to be imported, the type of import recipient the fish will be imported to and source location information.
The rule requires a person who imports live fish or fish eggs to obtain a health certificate for each shipment of fish, if the fish originate from a wild source, or an annual health certificate, if the fish originate from an out-of-state fish farm. Issued by an accredited veterinarian or certified fish inspector, the health certificate must certify that the shipment or fish farm is free of all the following:
Visible signs of infectious or contagious disease.
Infectious hematopoietic necrosis (IHN), viral hemorrhagic septicemia (VHS) and whirling disease (Myxobolus cerebralis, orWD), if the health certificate is for salmonid imports.
