DATCP projects approximately one day of staff time to process each certification application and to inspect the firewood dealer's business premises. DATCP will incur inspector travel costs, but will attempt to minimize those costs by integrating inspections with other inspections. DATCP does not plan to do routine follow-up inspections, but may conduct occasional random inspections of certified firewood dealers.
DATCP assumes that approximately 30 firewood dealers will apply for certification under this emergency rule, for calendar year 2007. If that assumption is correct, DATCP will be able to absorb the projected workload and costs within DATCP's current budget and with current staff. However, if many more firewood dealers apply for certification, DATCP will need additional budget and staff to process applications and conduct required inspections.
Business Impact
This rule will not have a significant impact on firewood dealers in this state. This rule does not require firewood dealers to be certified, nor does it restrict the sale or distribution of firewood by uncertified dealers. This rule creates a voluntary certification program, which may benefit some firewood dealers in this state.
DNR rules prohibit a firewood dealer from supplying firewood to a state park located more than 50 miles away, unless the firewood dealer is certified by DATCP. This rule will allow certified firewood dealers to supply firewood to state parks throughout the state, regardless of the firewood dealer's distance from the park. This rule will primarily benefit large firewood dealers who can afford to implement the firewood treatment regimen required for certification.
This rule does not authorize or prohibit imports of firewood from outside this state. Current DATCP rules under ATCP 21.17 prohibit imports of firewood from areas which the U.S. department of agriculture has formally designated as being infested with certain wood pests, such as Emerald Ash Borer. DNR rules under NR 45.04(1)(g) prohibit imports of firewood to Wisconsin state parks from any location outside this state. This rule does not create an exemption to any of these existing rules. Certification under this rule is available only to firewood dealers who obtain all of their firewood from trees grown and cut in this state.
Environmental Impact
This rule will not have a significant impact on the environment. This rule does not restrict the sale or movement of firewood in this state. This rule will allow some firewood in state parks that would otherwise be prohibited by DNR rules, but only if the wood comes from a certified dealer who agrees to treat the wood to destroy plant pests such as Emerald Ash Borer. DATCP will inspect at least annually to verify that the firewood dealer has the necessary facilities and equipment to honor the agreement.
Federal Programs
Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has responsibility for excluding, eradicating and controlling serious plant pests, including the Emerald Ash Borer. USDA-APHIS has instituted statewide quarantines on the movement of ash wood for Illinois, Indiana and Ohio, in addition to the Lower Peninsula of Michigan. These quarantines include restrictions on the interstate movement of any hardwood (non-coniferous) firewood, and are in addition to the regulations adopted by each state related to the movement of firewood. Firewood cannot be moved from a quarantined area unless it is accompanied by an APHIS certificate that shows the firewood to be free of infested wood.
Surrounding State Programs
Surrounding states where EAB has been identified (Illinois, Indiana, Ohio and Michigan) have state and federal quarantines that prohibit the movement of regulated articles, including all hardwood firewood, out of quarantined areas. Firewood can only move out of quarantined areas after it is certified by USDA. Other surrounding states, such as Minnesota and Iowa, are conducting information and education campaigns about the danger of moving firewood and are considering regulatory options for dealing with firewood movement.
Notice of Hearing
Commerce
(Licenses, Certifications, etc., Ch.
Comm 5)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.982,
101.988 (2), and
227.24 (4) Stats., the Department of Commerce will hold a public hearing on emergency rules under chapter Comm 5 relating to the licensing of elevator contractors and installers.
Hearing Date and Location:
Wednesday, June 27, 2007, at 9:30 a.m.
Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until July 6, 2007, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
The emergency rules and an analysis of the rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Proposed Rulemaking
Health and Family Services
NOTICE IS HEREBY GIVEN that under
2005 Act 74, the Department of Health and Family Services (Department) will repeal ch.
HFS 119, relating to the Health Insurance Risk-sharing Plan. Because the repeal of ch.
HFS 119 is in conformity with
2005 Act 74, the Department, under s.
227.16 (2) (b), Stats., will not hold a public hearing concerning this matter.
Analysis Prepared by Department of Health and Family Services
Effective July 1, 2006, the Department's authority to operate the Health Insurance Risk-Sharing Plan (HIRSP) was transferred, under
2005 Act 74, to the Health Insurance Risk-Sharing Plan Authority. Repeal of ch.
HFS 119 is, therefore, required.
Text of Proposed Rule
The full text of the order to repeal ch.
HFS 119 is as follows:
SECTION 1. Ch. HFS 119 is repealed.
Fiscal Estimate
The order to repeal ch.
HFS 119, will not result in a fiscal impact that is independent of that identified in the fiscal estimate made by the Department for 2005 Assembly Bill 844, creating
2005 Act 74.
A copy of the full text of the fiscal estimate may be obtained at no charge at the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov.
Initial Regulatory Flexibility Analysis
Not applicable.
Contact Person
Rosie Greer
DHFS
P.O. Box 7850
Madison, WI 53707-7850
608-266-1279
Because this is an order to repeal a rule that under
2005 Act 74, the Department no longer has the authority to promulgate or implement rules relating to HIRSP, a public hearing will not be held on this matter. Questions about this order may be submitted to the contact person listed above.
Submit questions about HIRSP or the HIRSP Plan Authority to:
Josh Weisbrod
HIRSP Plan Authority
(608) 441-5777
Notice of Hearing
Revenue
Notice is hereby given that, pursuant to s.
227.11(2)(a), Stats., and interpreting s.
125.68 (10) (bs), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of ch.
Tax 8, relating to
reciprocal interstate shipments of wine.
Hearing Information
The hearing will be held at 9:00 A.M. on Thursday, June 28, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than July 5, 2007, and will be given the same consideration as testimony presented at the hearing.
Contact Person
Small Businesses:
Tom Ourada
Department of Revenue
Mail Stop 624-A
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
(608) 266-8875
Others:
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
(608) 266-8253
Analysis by the Department of Revenue
Explanation of agency authority: Section
227.11(2)(a), Stats., provides that each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule: There are no other applicable statutes or rules.
Plain language analysis: This proposed rule order amends a provision specifying the amount of wine an individual may receive per year from a winery in a reciprocal state. Based on a statutory change, this amount was increased from 9 liters to 27 liters. The proposed rule order also makes changes to reflect a change in title of a liquor tax reporting form and provide current contact information for obtaining the form.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Summary of factual data and analytical methodologies: Section
125.68 (10) (bs), Wis. Stats., was amended by
2005 Act 25 to increase the amount of wine an individual may receive per year from a winery in a reciprocal state from 9 liters to 27 liters. The department has created this proposed rule order to reflect this statutory change.
