Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the September 30, 2006, 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 and Consumer Protection
(CR 06-009)
An order affecting chs. ATCP 10, 11 and 12, relating to animal diseases and movement. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
This rule consolidates, reorganizes and clarifies Wisconsin's current animal health and disease control rules, so that the rules will be easier to read and understand. This rule does not significantly alter the substance of the current rules. However, the changes that are made do affect small business.
This rule affects the following businesses in the following ways (many of these businesses are “small businesses"):
Poultry producers. This rule will help small poultry operators, and will have little or no effect on large operators. Current rules prohibit the sale or distribution of poultry or eggs, for breeding, hatching or exhibition, unless they originate from flocks enrolled in the national poultry improvement plan and meet disease-free classification standards under that plan. However, the national poultry improvement plan is primarily designed for large poultry operators, and may not be cost-effective for small operators. This rule provides cost-effective disease monitoring options that will provide greater market access for small operators.
Dairy, cattle and goat producers. This rule will assist dairy, cattle and goat producers by expanding reimbursement of producers costs for voluntary Johne's disease herd testing, herd risk assessment, herd management plans, and vaccination (current rules provide for reimbursement of testing costs only). Participation in the Johne's disease program is voluntary. This rule removes some existing barriers to participation, and provides more testing and management options for producers. This may encourage participation, and may help to control a very serious disease threat to the Wisconsin dairy and livestock industry.
Fish farm operators. This rule will streamline fish import regulations, to make them more workable and effective. This rule will create a modest $50 fee for a fish import permit, to facilitate better review of fish health certificates related to fish imports and fish stocking to waters of the state (the fee will affect only 2% of registered fish farms). This rule eliminates the current requirement for an annual health inspection of fish farms in this state, which will save every fish farm operator an average of $200 per year.
Sheep and goat owners. This rule requires official individual identification of sheep and goats that are sold or moved in commerce, consistent with standards under the federal scrapie control program. This may increase costs for some sheep and goat owners. However, it will facilitate interstate export of sheep and goats, and will provide better disease control and traceback. This rule allows for various forms of official individual identification, some of which can be easily applied by sheep and goat owners themselves at little or no cost.
Organizers and exhibitors at fairs and exhibitions. This rule clarifies and strengthens current animal health rules related to fairs and exhibitions, including events such as organized swap meets and trail rides. This rule clarifies the obligations of event organizers and exhibitors. Exhibitors must comply with current animal health rules related to fairs and exhibitions, and must document compliance to the event organizer. Organizers must keep a record of exhibited animals, and must review and keep a record of relevant animal health documentation. Events lasting over 24 hours must have an attending veterinarian. This rule will not have a significant impact on most fairs and exhibitions, except that it may affect certain events such as organized swap meets that may not be adhering to current rules related to fairs and exhibitions.
Farm-raised deer keepers. This rule makes minor technical changes to current rules related to farm-raised deer. The rule changes will have little if any impact on most farm-raised deer keepers.
Wisconsin certified veterinarians and their clients. This rule may affect veterinarians in the following ways:
It makes slight changes to current rules governing certificates of veterinary inspection (the changes should have little impact on veterinarians or their clients, but will improve animal health documentation).
It expands reimbursement of veterinary costs related to Johne's disease testing, herd management and vaccination, but only if the services are provided by specially trained veterinarians. The reimbursement will be very beneficial for veterinarians and their clients, but veterinarians must complete training to qualify. Any veterinarian may take the brief (less than one day) required training course offered by DATCP.
It eliminates annual fish farm health certification requirements. This will save each fish farm operator an average of $200 per year. Veterinarians who perform certification inspections may experience some loss of income.
Persons who raise, ship and market animals. This rule consolidates, reorganizes and clarifies current animal health rules, so that the rules will be easier to read and understand. This will benefit everyone involved in raising, shipping and marketing animals. It will improve disease control, facilitate commerce, and promote efficient administration of animal health programs.
This rule will not have any significant adverse impact on small business, and is not subject to the delayed effective date under s. 227.22 (2) (e), Stats. 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 will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
For the most part, this rule does not make special exceptions for “small businesses," because disease is no respecter of business size. However, this rule does include provisions that are specifically designed to benefit small poultry producers (see above).
This rule includes many provisions that will benefit large and small businesses alike. For example, this rule:
Expands current reimbursement of Johne's disease testing and herd management costs (dairy, beef and goat herds), and makes program participation more attractive.
Eliminates current annual fish harm health inspection requirement (this will save fish farms approximately $200 per year).
Makes fish import permits more workable and flexible.
Provides cost-effective disease monitoring options for poultry producers, so that more producers (especially small producers) can get more market access.
Reorganizes and redrafts current rules, to make them easier to read and understand. The changes also make the rules more consistent and transparent.
Summary of Comments by Legislative Review Committees
On June 6, 2006, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform and to the Assembly Committee on Agriculture. No hearings were held on the rule and no modifications were requested.
Commerce
(CR 06-040)
An order affecting ch. Comm 62, relating to automatic fire suppression systems for student housing serving colleges and universities. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
The rules reflect the mandates of 2005 Wisconsin Act 78 and s. 101.14 (4) (b), Stats. The act specifies that department rules are to require the installation of automatic fire sprinkler systems in various types of student housing facilities serving institutions of higher education that are not owned or operated by the University of Wisconsin System. The rules as part of the Commercial Building Code, chapters Comm 61 to 65, established minimum standards to fulfill the statutory objectives of protecting health, safety and welfare for employees and frequenters of public buildings and places of employment.
Summary of Comments by Legislative Review Committees
No comments were received.
Employee Trust Funds
(CR 05-114)
An order affecting ch. ETF 10, relating to separate retirement system investments in the fixed and variable retirement investment trusts. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
the proposed rule has no direct effect on small businesses because it involves only the optional investment of the funds of retirement systems created by the state or a political subdivision of the state into the Public Employee Trust Fund created by Wis. Stats., s. 40.01 (2), fulfill the benefit commitments to employees of state and local governments participating in the pension and benefit programs of ch. 40 of the statutes.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions - Banking
(CR 06-045)
An order affecting ch. DFI-Bkg 74, relating to collection agencies. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
this proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 05-098)
An order affecting ch. MPSW 3, relating to human services internship requirements for a social worker training certificate. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 05-119)
An order affecting ch. MPSW 14, relating to continuing education credits for professional counselors. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 05-120)
An order affecting ch. MPSW 8, relating to continuing education credits for social workers. Effective 10-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
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