A contract agent must specifically identify to DATCP the individuals who will handle confidential information. Each of those individuals must sign a confidentiality agreement with DATCP. Neither the contract agent, nor any individual affiliated with the contract agent, may disclose confidential information or use it for financial advantage.
A contract agent must comply with applicable state standards related to the storage, handling and disposition of state records. If a contract is terminated, the contract agent must return all registration records to DATCP. DATCP may terminate a contract at any time.
Receiving Livestock from Unregistered Premises
This rule prohibits the receipt of livestock from unregistered premises for purposes of sale, exhibition or slaughter. But this prohibition does not apply unless USDA or surrounding states impose an equivalent prohibition in all of the surrounding states.
Changes to Existing Rules
This rule modifies current DATCP rules related to the licensing of dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments by incorporating by reference the new livestock premises registration requirements under this rule.
Fiscal Impact
The livestock premises registration program will have no fiscal impact on local government, but it will have a significant fiscal impact on DATCP. DATCP expects to incur one-time costs of $42,000 and annual costs of $918,600 to implement the program (see fiscal estimate attached). DATCP has requested, and hopes to receive, federal funding to cover these costs. However, federal funding is not assured.
If federal funding is not forthcoming, state funding will be needed. As required by 2003 Wisconsin Act 229, DATCP will submit a biennial budget request for state appropriations (tax dollars or fee revenues) to fund the program in the FY 2005-07 biennium. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
Business Impact
This rule implements the livestock premises registration program mandated by the Legislature in 2003 Wisconsin Act 229. This rule will affect an estimated 60,000 Wisconsin businesses, including the following (many of these businesses are “small businesses"):
Livestock producers, including dairy, beef, swine, poultry, farm-raised deer, sheep, goat, fish and exotic livestock producers.
Horse owners and stable operators.
Livestock markets, dealers and truckers.
Slaughter establishments.
Rendering and dead animal processing establishments.
Operators of livestock exhibitions.
Veterinary clinics.
Affected businesses must register their premises annually with DATCP. There is no fee. Businesses can register on-line or in writing. Businesses currently licensed by DATCP, including dairy farms, deer farms, fish farms, animal markets, animal dealers, animal truckers, slaughter establishments, equine quarantine facilities and rendering establishments, can comply just by completing a few additional lines on their annual license applications. DATCP will facilitate annual renewals by sending automatic renewal notices to all registrants.
This rule does not create any new record-keeping or reporting requirements, other than the basic annual registration requirement. It does not require businesses to hire any new professional services. This rule establishes a delayed effective date of January 1, 2006, so that affected business will have time to understand and comply with the new registration requirement. For persons currently licensed by DATCP, the effective dates are further delayed to coincide with the start of an annual licensing period.
DATCP will work with the livestock industry to implement the new program, which will have important benefits for the industry. DATCP and its contract agent will implement an information and education program, and it will provide convenient registration mechanisms for affected businesses. DATCP will also make it easy for registrants to renew annually by sending automatic renewal forms (registrants need only update pre-printed information, if that information has changed).
This rule will not have a significant adverse economic impact on small business, and it is not subject to the delayed small business effective date provision in s. 227.22(2)(e), Stats.
A small business analysis (“initial regulatory flexibility analysis") is attached.
Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but it will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Federal Regulation
There is, as yet, no federal law mandating nationwide registration of livestock premises. However, USDA plans to implement a comprehensive livestock identification program that includes state registration of livestock premises. USDA and the United States Animal Health Association have developed a national plan in cooperation with the livestock industry.
Under 2003 Wis. Act 229, Wisconsin rules must be consistent with the national plan. This rule is consistent with the current national plan and will be modified as necessary as the national plan evolves. USDA has funded the development of Wisconsin's premises registration system and may fund its implementation.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss. 218.04 (7) (d) and 227.11 (2), Stats., and interpreting s. s. 218.04 (9j), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, 345 W. Washington Avenue, 5th Floor, in the city of Madison, Wisconsin, on the 22nd day of October, 2004, at 9:00 a.m. to consider the creation of a rule relating to authorizations to consolidate accounts.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Statute(s) interpreted: s. 218.04 (9j), Stats.
Statutory authority: ss. 218.04 (7) (d) and 227.11 (2), Stats.
Explanation of agency authority: Pursuant to ss. 218.04, and 220.02 (3) and (4), Stats., the division regulates collection agencies.
Related statute or rule: None.
Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.09 (5). The purpose of the rule is to set forth requirements for an authorization received by a licensee from a creditor for consolidating accounts. The rule establishes criteria regarding the form and content of the authorization.
Summary of and preliminary comparison with existing or proposed federal regulation: There is no existing or proposed federal regulation.
Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.
Summary of factual data and analytical methodologies: There is no factual data associated with this rule. The rule was drafted in consultation with trade associations for entities affected by the rule.
Analysis and supporting documentation used to determine effect on small business: Because the rule only establishes the criteria for an already existing requirement, the division believes that the rule will not have a significant effect on small business. The rule merely indicates what the authorization required by s. 218.04 (9j), Stats., must include. Furthermore, the authorization requirements request the most basic information, none of which should create an additional burden. Lastly, an agency must obtain a suit authorization from the client before moving forward with any suit. The authorization required by s. 218.04 (9j), Stats., and further defined by this rule could easily be included as part of that authorization.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
A copy of the proposed rule and fiscal estimate may be obtained from, and written comments regarding the proposed rule may be submitted to, Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org. Comments may also be submitted via the department's website contact page, e-mail the secretary. All comments not otherwise to be presented at the hearing must be received prior to the hearing set for this rule.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11, Stats., interpreting ss. 29.014 and 29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-26-04(E) pertaining to the 2004 migratory game bird season. For ducks, the state is divided into two zones each with 60-day seasons. The season began at noon September 25 and continues for 60 consecutive days in the north, closing on November 23. In the South, the season opens at noon on October 2 and continues through October 10, followed by a 5-day split, and then reopens on October 16 and continues through December 5. The daily bag limit is 6 ducks. For Canada geese, the state is apportioned into 3 goose hunting zones. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day until October 31 and from November 1 to the end of the season in each zone or subzone, the daily bag limit will be 2 birds per day.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, October 13, 2004 at 1:00 p.m.
Room 517, GEF #2
101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this bill.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 15, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Notice of Hearing
Natural Resources
Environmental Protection—General,
Chs. NR 100
Environmental Protection—WPDES,
Chs. NR 200
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.15 and 283.13, Stats., interpreting ss. 281.15 and 283.13, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 106.09 (1), 149.22 and NR 219, Table A, note 29, Wis. Adm. Code, relating to the whole effluent toxicity (WET) test methods. Monitoring for whole effluent toxicity (WET) is required in WPDES permits in order to determine the potential for impairment of fish and aquatic life from wastewater discharges. The U.S. Environmental Protection Agency promulgated regulations concerning the use of WET methods in 1995. EPA's methods include many provisions which allow different protocols to be followed, depending on the intended use and the area of the country where the test is being applied. Wisconsin permittees are required to conduct WET tests in accordance with the “State of Wisconsin Aquatic Life Toxicity Testing Methods Manual, Edition 1" which is intended to comply with 40 CFR Part 136 while providing procedures specific to Wisconsin. Improvement to WET test methods based on the latest science and recent revisions to EPA methods warrant updating the Methods Manual to a 2nd edition.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Smaller industrial permittees that discharge to a surface water and have WET requirements in their permits as well as smaller WET labs who may wish to be certified to conduct WET tests.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, October 12, 2004 at 1:00 p.m.
Room 774B, GEF#2, 101 South Webster Street, Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kari Fleming at (608) 267-7663 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The changes being proposed to WET test methods are not expected to change the costs of WET program implementation within the Department.
WET test methods must be followed by permittees and contract laboratories when required by a WPDES permit, therefore, local governments are affected if WET testing is required in their permits. However, because the changes that are proposed to WET test methods are not expected to significantly increase the costs currently associated with WET testing, no financial impacts are expected to local governments.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Kari Fleming, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 31, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Fleming.
Notice of Hearings
Natural Resources
Environmental Protection—Water Regulation, Chs. NR 300
NOTICE IS HEREBY GIVEN that pursuant to ss. 30.12 (1), (1p) and (3) (br), 30.13 (1) and (1m), 30.206 and 227.11 (2), Stats., interpreting ss. 30.12 (1), (1g) (a), (b), (e) and (f), (1p), (3) and (3m), 30.13 (1) and (1m), 30.20 (1g) (b) 2. and 30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 326, Wis. Adm. Code, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swimming rafts in navigable waterways. The proposed rule will implement 2003 Wisconsin Act 118 by establishing construction, design and placement standards for projects to be eligible for statutory exemptions, establishing general permits and establishing standards for projects that may be authorized under an individual permit. The proposed rule defines and describes design standards to qualify for exemptions for piers, wharves, seasonal boat shelters, boat hoists, boat lifts and swimming rafts. The rule establishes general permits for preexisting piers and permanent boat shelters which meet certain conditions, and establishes standards for specific individual permits for piers. Department staff will work with stakeholders prior to public hearing to develop more specific standards for marinas, and identify any other general or individual permits that may be appropriate.
NOTICE IS HEREBY FURTHER GIVEN that the Department will also be seeking comments on an alternative to the Department's proposed rule that was developed by a citizen stakeholder group. A copy of this alternative rule will be available no later than October 8, 2004.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
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