Two hearings are scheduled:
Tuesday, November 28, 2000, 6:30 pm until 8:30 pm
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Thursday, November 30, 2000, 6:30 pm until 8:30 pm
Dept. of Agriculture, Trade and Consumer Protection
Conference Room
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Analysis prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory Authority: s. 93.07 (1)
Statute Interpreted: ss. 93.07 (10), 95.20 and 95.25
In order to protect animals and the public from bovine tuberculosis, this rule restricts the importation of animals from states that the United States department of agriculture (USDA) has classified as tuberculosis “non-modified accredited".
Background
Bovine tuberculosis (TB) is an infectious disease caused by Mycobacterium bovis (M. bovis). It is generally described as a chronic debilitating disease of cattle but it may have an acute, rapidly progressive course. It can cause disease in most warm-blooded vertebrates, including humans. If TB becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in the state.
The Wisconsin department of agriculture, trade and consumer protection (department) administers a TB eradication program in cooperation with USDA. After several decades of intense effort, the disease was nearly eradicated in the United States. But recently, the USDA reclassified Michigan from “accredited-free" to “non-modified accredited" because TB was confirmed in several cattle herds and in several native white-tailed deer.
TB is easily transmitted. Wisconsin imports a substantial number of animals from Michigan, and the last known incident of TB in a bovine animal in Wisconsin involved an animal that was imported from Michigan. For these reasons, the department proposes to regulate the import of animals that originate from “non-modified accredited" states.
Pre-Import Requirements
Under this rule, bovine animals, goats and cervids imported to Wisconsin from a tuberculosis “non-modified accredited" state must be accompanied by a certificate of veterinary inspection. The importer must obtain an import permit from the department.
The veterinarian who completes the certificate of veterinary inspection must certify that the animal originates from a herd in which a whole herd TB test has been completed within the last 12 months. The veterinarian must certify that the whole herd test included every animal over 6 months of age in the herd, and that all test results were negative.
An imported animal must be individually tested for tuberculosis within 60 days (90 days for a cervid) prior to the import date, unless the animal is less than 6 month old on the import date. The test may be performed as part of a whole herd test if the whole herd test is performed within 60 days (90 days for a cervid) prior to the import date.
Post-Import Testing
An animal imported to Wisconsin from a tuberculosis non-modified accredited state must be tested for tuberculosis not less than 90 days nor more than 120 days after it is imported. This testing requirement does not apply to feeder cattle that are confined to the receiving premises until they are shipped to slaughter. (The feeder cattle, when shipped to slaughter, must be accompanied by USDA form VS1-27.)
Post-Import Confinement
Animals imported to Wisconsin from a tuberculosis non-modified accredited state may not be commingled with any other animals in this state, or removed from the premises at which they are first received in this state, until they test negative for tuberculosis or are shipped to slaughter.
Exception
This rule does not apply to animals that are imported directly to a slaughtering establishment for slaughter.
Fiscal Estimate
The Department anticipates costs to the Department of approximately $2000 as a result of this rule. The Department can accommodate these costs in its current budget. The Department does not anticipate any additional costs to counties or other local governments.
Initial Regulatory Flexibility Analysis
This rule will affect small businesses that import bovine animals, goats or cervids into this state. It requires the operator of those businesses to either refrain from importing bovine animals, goats or cervids from states the United States department of agriculture has designated as tuberculosis non-modified accredited states, or to comply with the standards this rule establishes to assure that the animals that are imported are not infected with bovine tuberculosis.
At the present time, the USDA has only designated one state, Michigan, as non-modified accredited. If the small business operator imports bovine animals, goats or cervids from Michigan, the operator will need to assure that the animal originates from a herd which has tested negative for tuberculosis within the past 12 months and that the animal has tested negative within the past 60 days (90 days for cervids). This places a burden on the business operator but it does not completely prohibit import of animals from Michigan. The burden of assuring that the animals have been properly tested is minimal compared to the burden that would be experienced by Wisconsin's animal agriculture industry if bovine tuberculosis is introduced to Wisconsin by an animal imported from a non-modified accredited state.
This rule requires persons, including small business operators, who import animals from non-modified accredited states to have the animals retested for tuberculosis after being imported. The imported animals must be kept segregated from other animals until the retest is completed. These requirements add costs for the importer, but the costs that would be incurred if infected animals are imported without these precautions are substantially higher. And, the importer has the ability to avoid these costs entirely by importing animals from other states of origin rather than from a non-modified accredited state.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule relating to reimbursement of Johne's Disease testing costs. The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until December 8, 2000, for additional written comments.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4883. Copies will also be available at the hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by Friday, November 17, 2000, by writing to Lynn Miller, Division of Animal Health, P.O. Box 8911, Madison WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Two hearings are scheduled:
Tuesday, November 28, 2000, 2:00 pm until 4:00 pm
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Thursday, November 30, 2000, 2:00 pm until 4:00 pm
Dept. of Agriculture, Trade and Consumer Protection
Conference Room
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Analysis prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07 (1) and 95.197 (2)
Statute Interpreted: s. 95.197
Johne's disease (paratuberculosis) is a serious disease of cattle. The 1999-2001 biennial budget act (1999 Wis. Act 9) established a grant program to help cattle owners pay for Johne's disease testing. The department of agriculture, trade and consumer protection (DATCP) administers the grant program. This rule establishes standards for the grant program, as required by the biennial budget act.
Background
Under s. 95.197, Stats., and current DATCP rules, a seller warrants that cattle are free of Johne's disease at the time of sale unless the seller discloses to the prospective buyer the current Johne's disease herd classification of the source herd. Every herd of cattle has a Johne's disease herd classification.
A herd is automatically classified “maximum risk for Johne's disease" unless DATCP assigns a different herd classification based on an annual herd test. DATCP may assign one of several herd classification, based on annual herd test results. An annual herd test is voluntary. A herd owner may arrange and pay for an annual herd test, and may ask the department to classify the herd based on the test results.
Grant Program
The biennial budget act (1999 Wis. Act 9) provided $100,000 in grant funds FY 2000-01 to help cattle owners pay for annual Johne's disease herd tests. Under this rule, a herd owner who asks the department to classify a herd based on an annual herd test may apply for reimbursement of laboratory costs associated with the annual test. When DATCP classifies the herd, it will tell the herd owner how to apply for reimbursement.
To obtain reimbursement, a herd owner must file a claim by February 1 of the year following the year in which the herd owner tests the herd. The herd owner must submit copies of bills that establish the amount of laboratory costs charged to the herd owner. DATCP will distribute available funds by June 30 (following the February 1 annual application deadline).
DATCP may reimburse all or part of an applicant's claim, depending on available funding. If allowed claims exceed available funding, DATCP will pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.
Fiscal Estimate
The Department estimates that 2400 herds will be classified over a 12 month period and that 80% of the herd owners will file a reimbursement claim. If each claim requires 20 minutes to review and enter data for payment, the cost for salary and fringe will be $12,600. We estimate postage will cost $600 per year. The department will absorb these costs in the existing budget by reprioritizing staff assignments and expenses.
This estimate covers costs for the first year of the program only. Herd participation is expected to increase approximately 20 to 50% each year. This will also increase costs incurred by the department at a similar rate. At some point in time, the department may not be able to absorb the costs.
Small Business Analysis
This rule will help cattle owners by reimbursing Johne's disease testing costs. The department has minimized procedural requirements related to reimbursement application, so that it will be easy for herd owners to apply. The department has included only those requirements that are necessary to ensure financial accountability in the distribution of public funds. This rule gives herd owners a substantial amount of time to apply for reimbursement. Hear owners must simply document the laboratory costs for which they seek reimbursement. DATCP will give herd owners information on how to apply.
Initial Regulatory Flexibility Analysis
This rule establishes standards for the grant program created by 1999 Wis. Act 9 to assist cattle owners in paying for Johne's disease testing. It will affect cattle owners who wish to obtain reimbursement for a portion of the costs incurred to test their herds for Johne's disease.
When a herd owner has his herd tested for Johne's disease and requests that the herd be classified on the basis of that test, the department will advise the herd owner that he or she is eligible to participate in the grant program. To participate in the grant program, the herd owner must file a claim no later than February 1 of the year following the calendar year in which the herd was tested. The owner must provide copies of bills from either the veterinarian or the laboratory to establish amount of laboratory costs incurred.
This claim filing process is the least onerous possible that is consistent with the state's need to audit and assure that grants are only given in appropriate amounts to eligible owners. The rule permits filing the claim anytime between the date their herd is classified and February 1 of the year after the testing is conducted. This allows significant flexibility for the animal owner.
It is not anticipated that the animal owner will need any significant professional skills to complete the claim form and become eligible for a grant under this rule.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss. 8.02, 8.04, 8.05 (3) and (4), 8.07, 8.10, 8.11, 8.15, 8.20, 8.30, 8.50 (3) (a) and 9.10, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rules as proposed in this notice without public hearing unless within 30 days after publication of this notice, on November 15, 2000, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by State Elections Board:
Statutory authority: ss. 5.05 (1) (f) and 227.11 (2) (a)
Statutes interpreted: ss. 8.02, 8.04, 8.05 (3) and (4), 8.07, 8.10, 8.11, 8.15, 8.20, 8.30, 8.50 (3) (a) and 9.10
The rule prescribes the standards for filing officers to determine whether nomination papers comply with the requirements of ch. 8, Stats., and provides guidance to candidates and other circulators to enable them to so comply. The old rule was no longer consistent with board policy and practice or with the legislature having changed the circulator's affidavit to a circulator's certificate. Nomination papers now are required to be numbered. Also, nomination paper errors that can be corrected must be corrected within three days of the filing of the nomination paper being corrected. Challenge complainants are now required to deliver a copy of their challenge complaint within 24 hours of their challenge and both challenge complainants and respondents are given three calendar days, not business days, in which to file their pleadings.
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f) and 227. (11) (2) (a), Stats., the Elections Board hereby amends ss. ElBd 2.05 (2) and 2.07 (2) (a) and (b) and creates s. ElBd 2.05 (16) (f), interpreting ss. 8.02, 8.04, 8.05 (3) and (4), 8.07, 8.10, 8.11, 8.15, 8.20, 8.30, 8.50 (3) (a) and 9.10, Stats., as follows:
SECTION 1. ElBd 2.05 (2), (14) and (16) (b) are amended to read:
ELBD 2.05 Treatment and sufficiency of nomination papers
(2) In order to be timely filed, all nomination papers shall be in the physical possession of the filing officer by the statutory deadline. Each of the nomination papers shall be numbered, before they are filed, and the numbers shall be assigned sequentially, beginning with the number "1".
(14) No signature on a nomination paper shall be counted unless the elector who circulated the nomination paper completes and signs the affidavit certificate of circulator under oath and does so after, not before, the paper is circulated. No signature may be counted when the residency of the circulator cannot be determined by the information given on the nomination paper.
(16) (b) The signature is dated after the date of notarization certification contained in the affidavit certificate of circulator.
SECTION 2. ElBd 2.05 (16) (f) is created to read:
(f) Notwithstanding any other rule, nomination paper errors in information, supplied by either a signer or a circulator, may be corrected by an affidavit of the circulator, an affidavit of the candidate, or an affidavit of a person who signed the nomination paper. The person giving the correcting affidavit must have personal knowledge of the correct information and the correcting affidavit must be filed with the filing officer not later than three days after the due date for the nomination papers being corrected.
SECTION 3. ElBd 2.05 (15) is repealed and the following subsections are re-numbered:
ElBd 2.05 (16) is re-numbered ElBd 2.05 (15)
ElBd 2.05 (17) is re-numbered ElBd 2.05 (16)
ElBd 2.05 (18) is re-numbered ElBd 2.05 (17)
SECTION 4. ElBd 2.07 (2) (a) and (2) (b) are amended to read:
ElBd 2.07 Challenges to nomination papers. (2) (a) Any challenge to the sufficiency of a nomination paper shall be made by verified complaint, filed with the appropriate filing officer. A copy of the complaint shall be delivered to the respondent within 24 hours of the complaint being filed with the filing officer. The form of the complaint, and its filing
and its service shall comply with the requirements of ch. ElBd 10. Any challenge to the sufficiency of a nomination paper shall be filed within 3 business
calendar days after the filing deadline for the challenged nomination papers. The challenge shall be established by affidavit, or other supporting evidence, demonstrating a failure to comply with statutory or other legal requirements.
(2) (b) The response to a challenge to nomination papers shall be filed, by the candidate challenged within 3 business calendar days of the filing of the challenge and shall be verified.
Initial Regulatory Flexibility Analysis:
The creation of this rule does not affect business.
Fiscal Estimate:
The creation of this rule has no fiscal effect.
Contact Person:
George A. Dunst
Legal Counsel, State Elections Board
132 E. Wilson Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
