Today, the crop is generally produced and sold under contract (as opposed to a cash market at the end of the season). This means that ch.
ATCP 104, Wis. Adm. Code, as it is currently written, is irrelevant to the current industry.
Small Business affected
The existing rule regulates certain transactions between tobacco growers and tobacco manufacturing or brokerage firms. Tobacco growers are likely to be small businesses. However, the existing rule is limited to regulating cash-market transactions for tobacco leaves (which would occur after the crop is harvested). Wisconsin grown tobacco is no longer traded with this type of transaction. Instead, Wisconsin tobacco growers generally grow and sell on contracts that are negotiated before the growing season begins. Therefore, the existing rule is obsolete and has no effect on small business.
This proposed rule would simply delete an outdated and obsolete chapter from the administrative code. DATCP does not anticipate any effect on small business.
Reporting, bookkeeping, and other procedures
The proposed rule does not require any additional reporting, bookkeeping or other procedures.
Professional skills required
The proposed rule does not require and additional professional skills.
Accommodation for small business
This proposed rule would simply delete an outdated and obsolete chapter of the administrative code, and does not have any effect on small business. Therefore, no accommodation is necessary.
Conclusion
This rule does not have any impact on businesses, including “small businesses." It is not subject to the delayed “small business" effective date provided in s.
227.22 (2) (e), Stats.
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Ch. ATCP 104 Leaf Tobacco Buying and Selling
|
Subject
|
Leaf Tobacco Buying and Selling
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
The existing rule regulates certain transactions between tobacco growers and tobacco manufacturing or brokerage firms. However, the existing rule is limited to regulating cash-market transactions for tobacco leaves (which would occur after the crop is harvested). Wisconsin grown tobacco is no longer traded with this type of transaction. Instead, Wisconsin tobacco growers generally grow and sell on contracts that are negotiated before the growing season begins. Therefore, the existing rule is obsolete.
This proposed rule would simply delete an outdated and obsolete chapter from the administrative code.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This proposed rule would simply delete an outdated and obsolete chapter from the administrative code. DATCP does not anticipate that it would have any economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units, or the state's economy as a whole.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Benefits
This proposed rule removes an obsolete and unneeded chapter from the Administrative Rules.
Alternatives
DATCP could leave ch. ATCP 104, Wis. Stats. in place. The rule is obsolete, and does not impose any costs or benefits on tobacco growers or tobacco buyers.
DATCP could also modify the rule to make it more relevant to contemporary leaf-tobacco transactions.
|
Long Range Implications of Implementing the Rule
|
See the discussions above.
|
Compare With Approaches Being Used by Federal Government
|
There are no known federal statutes or regulations (existing or proposed) that are comparable to ch. ATCP 104, Wis. Adm. Code.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
There are no known rules in adjacent states that are comparable to ch. ATCP 104, Wis. Adm. Code.
Comments Received in Response to Web Posting and DATCP Response
No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.
|
Notice of Rulemaking Pursuant to
s.
186.118 (2), Stats.
Financial Institutions — Credit Unions
The Department of Financial Institutions has promulgated a rule creating Chapter
DFI-CU 75, as required by Section
186.118 (2), Wis. Stats., which reads as follows:
186.118 (2) (a) The office of credit unions shall promulgate a rule establishing a list of activities and powers incidental to the business of a credit union that are authorized for federally chartered credit unions as of April 18, 2014.
(b) The office of credit unions shall submit the proposed rule under par. (a) to the legislative reference bureau in an electronic format approved by the legislative reference bureau, and the legislative reference bureau shall publish the proposed rule in the notice section of the Wisconsin administrative register under s.
35.93, Stats.
(c) Sections
227.114 (4) and
(6),
227.115,
227.135,
227.137,
227.14 (2) (a) 6.,
(2g),
(4), and
(4m),
227.15,
227.16,
227.17,
227.18,
227.185,
227.19, and
227.30 do not apply to the office of credit unions in promulgating a rule under par. (a) or to any rule promulgated by the office of credit unions under par. (a). Guidelines prescribed by executive order of the governor do not apply to the office of credit unions in promulgating a rule under par. (a).
Text of Rule
The text of Chapter
DFI-CU is as follows:
Chapter DFI—CU 75
AUTHORIZED INCIDENTAL POWERS ACTIVITIES
DFI—CU 75.01 Purpose. The purpose of this chapter is to set forth a list of incidental powers activities that are authorized for federally chartered credit unions and in which Wisconsin-chartered credit unions may engage, pursuant to s.
186.118, Stats.
DFI—CU 75.02 Interpretation. The interpretation of rules in this chapter shall be coordinated with and parallel to the interpretation of federal laws and regulations from which these rules are derived, except as otherwise provided for by Wisconsin law.
DFI—CU 75.03 Definitions. In this chapter:
(2) “Charitable contributions and donations" has the meaning set forth in
12 C.F.R. s. 721.3(b)(1).
DFI—CU 75.04 Incidental powers activities. The following incidental powers activities are preapproved for Wisconsin-chartered credit unions:
(1) Certification services.
(2) Charitable contributions and donations.
(3) Charitable donation accounts.
(4) Correspondent services.
(5) Electronic financial services.
(6) Excess capacity.
(7) Financial counseling services.
(8) Finder activities.
(9) Loan-related products.
(10) Marketing activities.
(11) Monetary instrument services.
(12) Operational programs.
(13) Stored value products.
(14) Trustee or custodial services.
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR #: FR-07-12)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on the creation of section
NR 47.65, relating to a new County Forest time standards grant, which would allow county forests additional flexibility in selecting the optimal combination of resources provided by the department on the date(s) and at the time and location listed below.
Hearing Information
Date: Wednesday, June 25, 2014
Time: 4:15 p.m.
Location: Avalon Hotel & Conference Center
1009 West Park Avenue
Chippewa Ballroom
Chippewa Falls, WI 54729
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Joe Schwantes, Madison, WI 53707; by E-mail to
Joseph.Schwantes@wisconsin.gov or by calling (608) 264-9217. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Availability of the proposed rules and fiscal estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Joe Schwantes, Department of Natural Resources, Bureau of Forest Management 101 S. Webster St, Madison, WI, 53703, or by calling (608) 264-9217.
Written Comments and Deadline for Submission
Comments on the proposed rule must be received on or before Wednesday July 2, 2014. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Joe Schwantes
Department of Natural Resources
Bureau of Forest Management
101 S Webster St, Madison, WI 53703
Phone: (608) 264-9217
Fax: (608) 266-8576
Internet: Use the Administrative Rules System Web site accessible through the link provided.
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Statutory authority
Explanation of agency authority
DNR's responsibilities for oversight of the County Forest program can be found in s.
28.11 (5), Wis. Stats., and the authority for sustainable forestry funding is included in 28.11 (5r), Wis. Stats. Section
28.11 (5r) (b), Wis. Stats., states: “The department may make grants, from the appropriation under s.
20.370 (5) (bw), to counties having lands entered under sub.(4) to fund the cost of activities designed to improve sustainable forestry on the lands. Finally, Wis. Stat. s.
227.11 (2) (a) allows the DNR to promulgate rules for any statute if the DNR considers it necessary to effectuate the purpose of the statute. Without rulemaking authority for this rule, the DNR will not be able to administer or enforce the grant program authorized by statute, since the DNR would not be able to establish criteria that would uniformly apply across grant applicants without running afoul of the definition of “rule" found under Wis. Stat. s.
227.01 (13).
Related statutes or rules
Section
NR 47.75 — Sustainable Forestry Grant For County Forests, establishes standards and procedures for implementation of a grant program to contribute funds to sustainable forestry practices on county forests under s.
28.11 (5r), Wis. Stats., specifically for projects that are suitable as a short term and unanticipated workload item consistent with a county's comprehensive county forest land use plan under s.
28.11 (5) (a), Wis. Stats.
Plain language analysis
This proposed rule would create a new grant program, which would allow additional flexibility for County Forests to select the optimal combination of resources provided to each by the Department. Presently the DNR Division of Forestry (DOF) provides assistance to County Forests, aligning workload with the statutory role of the DNR in oversight of the County Forest program. An agreed upon number of hours are provided to each county based on the workload for that particular county. The DOF's Strategic Direction process in 2011-12 realigned forest resources to better accomplish the DOF's mission in Wisconsin's Statewide Forest Plan. As part of that process, each County Forest was given the opportunity to request a modification of the allocation of resources provided by the Department among a suite of grants and the hours of technical forestry assistance the DOF provides to best meet their individual needs. Several counties (Clark, Eau Claire, Iron, Jackson, and Langlade) desire to reduce their technical assistance from DNR in exchange for funding that would allow them to hire contractors or seasonal staff to accomplish similar forestry work. The thought is that some of the forestry tasks may be done adequately using potentially lesser paid seasonal or contracted staff, with the end result being the ability to get more work done with the same amount of resources. The proposed grant program is structured to focus on accomplishing tasks already identified in the time standards agreement for each county, which guides what activities have typically been accomplished by DOF staff. This funding would provide for on-the-ground sustainable forestry practices with the reallocation of funding into appropriation s.
20.370 (5) (bw), Wis. Stats.
Summary and comparison with existing and proposed federal regulations
This rule/grant does not impact and is not impacted by any federal regulations.
