Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the June 30, 2010, 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
Rule revises Chapter
ATCP 149, relating to the Potato Marketing Order. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule increases does all of the following:
• Increase the maximum assessment that the potato industry board is authorized to charge to producers. This rule changes the maximum assessment rate from 6 cents to 10 cents per hundredweight on potatoes sold into commercial channels.
• Change the election and membership of the potato industry board. This rule reduces the number of election districts from 5 to 3, and reduces the number of board members from 10 to 9. Eight of the 9 members of the modified board will be elected by producers from districts identified in this rule, and one board member will be chosen by all potato producers in a statewide “at large" election. Under this rule, all board members will be elected for 3-year terms.
• Provide for a gradual changeover to the new board membership. Current board members will continue to hold office until their current terms expire.
Under this rule, potato industry board election districts will be as follows:
• District 1 will be represented by 3 board members and will include Ashland, Barron, Bayfield, Brown, Burnett, Chippewa, Clark, Door, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Kewaunee, Langlade, Lincoln, Marinette, Menominee, Oconto, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Vilas, and Washburn counties.
• District 2 will be represented by 3 board members and will include Marathon, Outagamie, Portage, Shawano, Waupaca and Waushara counties.
• District 3 will be represented by 2 board members and will include Adams, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Kenosha, LaCrosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Trempealeau, Vernon, Walworth, Washington, Waukesha, Winnebago and Wood counties.
The changes to the current election districts, and the election of one “at large" representative, will address changes in the geographic distribution of potato production in the state. The increase in the maximum authorized marketing order assessment will facilitate additional funding for market development and research, including University of Wisconsin research related to new potato varieties and pesticide and chemical management.
Summary of Comments by Legislative Review Committees
On March 1, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Assembly Committee on Agriculture and to the Senate Committee on Agriculture and Higher Education. The assigned legislative committees neither took any action nor made any comment to DATCP.
Architects, Engineers, Designers and Land Surveyors Examining Board
Rule amends section
A-E 3.05 (2), relating to entrance requirements to take the architect examination. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
These 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
hector.colon@ wisconsin.gov, or by calling 608-266-8608.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Engineers, Designers and Land Surveyors Examining Board
Rule creates Chapter
A-E 12, relating to continuing education for architects. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
These 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
hector.colon@ wisconsin.gov, or by calling 608-266-8608.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Engineers, Designers and Land Surveyors Examining Board
Rule creates Chapter
A-E 11, relating to continuing education for landscape architects. Effective 7-1-10.
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
hector.colon@ wisconsin.gov, or by calling 608-266-8608.
Summary of Comments by Legislative Review Committees
No comments were reported.
Employment Relations Commission
Rule revises Chapters ERC 1 to 12, 14, 17 to 28, and 30 to 50 and creates Chapters ERC 29 and 60 to 68, relating to the administration of collective bargaining laws. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will have no impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Financial Institutions — Credit Unions
Rule creates Chapter
DFI-CU 65, relating to credit union service organizations. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-13-09)
Rule revises Chapter
NR 10, relating to hunting and the 2009 migratory game bird seasons and waterfowl hunting zones. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Therefore, under s.
227.19 (3m), Stats., a final regulatory analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Fish & Wildlife Committee and the Senate Committee on Transportation, Tourism, Forestry and Natural Resources. On September 23, 2009 the Assembly Committee on Fish & Wildlife held a public hearing. The department did not receive any comments or requests for modification as a result of that hearing.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-18-09)
Rule revises Chapters
NR 19 to
23, relating to fishing on the inland, outlying, and boundary waters of Wisconsin. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
The proposed rules do not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
Summary of Comments by Legislative Review Committees
A public hearing was held on Friday, August 14, 2009. No members of the public appeared. One inquiry was made by the Wisconsin Bowfishing Association regarding content of the rule, for information only.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-21-07)
Rule revises Chapters
NR 12 and
16, relating to harmful wild animal designation for wild or feral hogs, mute swans, and wolf-dog hybrids. Effective 7-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These rules will allow the possession, propagation, and sale of mute swans in a manner which is identical to regulations which were in effect prior to a change to the Code of Federal Regulations which invalidated state regulations by breaking a cross reference in code language.
The possession and sale of wolf-dog hybrids would continue to be allowed under this rule proposal with certain conditions. Propagation would not be allowed under this proposal. Propagation for sale in Wisconsin is believed to be a limited activity that would have limited to no effect on small businesses. Likewise, the possession and propagation of feral swine would continue to be allowed by certain people for the purposes of meat production. People who possess wild or feral swine for other purposes are not believed to be benefitting economically and there would be no business effect.
