Adm 25.04 Grant award and criteria. When making an award under s. 16.971 (5), Stats., the department shall use all of the following criteria:
(1) The extent to which the agency has base funding available to meet its information technology needs.
(2) The extent to which the request seeks to provide basic, standard infrastructure for the agency.
(3) The extent to which the completion of the project will serve to reduce agency base funding needs or avoid additional legitimate costs or cost increases in the future.
(4) The extent to which the project provides a new service, improves delivery of an existing service, or in some other way, provides additional value for the state. Additional value for the state includes the ability to deliver services, maintain operations or administer state programs more efficiently, effectively or economically.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the proposed rule is not expected to impact on small businesses.
Fiscal Estimate
There is no fiscal effect.
Contact Person
Donna Sorenson, (608) 266-2887
Department of Administration
101 E. Wilson St., 10th Floor
Madison, WI 53702
Agriculture, Trade &
Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed Department rule, relating to animal health, specifically farm-raised deer, tuberculosis control and poultry disease reporting requirements (proposed chs. ATCP 10, 11 and 12, Wis. Adm. Code).
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until May 28, 1996, for additional written comments. An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by May 6, 1996 either by writing to Lynn Jarzombeck, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4883. TTY users call (608) 224-5058.
Hearing Information
Four hearings are scheduled:
May 14, 1996 Board Room
Tuesday Dept. of ATCP
Commencing 2811 Agriculture Dr.
at 6:00 p.m. MADISON, WI
Handicapped accessible
May 15, 1996 Room 135
Wednesday Mid-State Tech. College
Commencing 933 Michigan Ave.
at 10:00 a.m. STEVENS POINT, WI
Handicapped accessible
May 15, 1996 Dept. of ATCP
Wednesday 927 Loring Ave.
Commencing ALTOONA, WI
at 6:00 p.m. Handicapped accessible
May 16, 1996 Room E106
Thursday Univ. of Wis. Ctr.-Manitowoc
Commencing 705 Viebahn St.
at 6:00 p.m. MANITOWOC, WI
Handicapped accessible
Written comments will be accepted until May 28, 1996.
Analysis Prepared by the Wis. Dept. of Agriculture, Trade & Consumer Protection
Statutory Authority: ss. 93.07 (1) and (2), 93.21 (5), 95.55 (3), 95.68 (8), 95.69 (8), and 95.71 (8)
Statutes Interpreted: ss. 93.07 (10), 93.21 (5), 95.25 (2m) and (4m), 95.55, 95.68, 95.69 and 95.71
This rule modifies current animal health rules under chs. ATCP 10-12, Wis. Adm. Code. Among other things, this rule does the following:
○ Interprets and implements 1995 Wis. Act 79, which regulates keepers of “farm-raised deer.” Act 79 transfers regulatory authority from the Department of Natural Resources (DNR) to the Department of Agriculture, Trade and Consumer Protection, and requires keepers of “farm-raised deer” to register with the Department.
○ Modifies current procedures under the Department's tuberculosis control program. The rule incorporates new USDA regulations related to branding and slaughter shipment of bovine tuberculosis reactors. Pursuant to 1995 Wis. Act 79, it also requires owners of tested animals to provide adequate restraints for safe testing.
○ Requires veterinarians to report certain poultry diseases to the Department. This will strengthen poultry disease controls and make it possible for Wisconsin producers to export poultry meat to Russia, under an agreement between Russia and the U.S. government.
BOVINE TUBERCULOSIS CONTROL
Tuberculosis Testing; Bovine Animals
Under 1995 Wis. Act 79, a person who owns or possesses bovine animals must provide animal handling facilities to ensure the safety of animals tested for bovine tuberculosis, and to ensure the safety of persons conducting the tests. This rule incorporates this new statutory requirement.
Bovine Tuberculosis Reactors; Branding and Slaughter
In September, 1995, the United States Department of Agriculture, Animal and Plant Health Inspection Service (federal bureau), changed its regulations related to branding and slaughter shipment of bovine animals identified as “reactors” on bovine tuberculosis tests. This rule amends current state rules to make them consistent with the new federal regulations.
Under current state rules, a reactor must be branded on the left jaw with the letter “T” unless it is shipped directly to slaughter in a vehicle that is sealed by the Department. Under this rule, a reactor must be branded on the hip (not the jaw), near the tailhead, with the letter “T.” A reactor need not be branded if all of the following apply:
○ Its left ear is spray painted yellow and tattooed with the letters “TB.”
○ A state or federal veterinarian accompanies the reactor as it is shipped to slaughter, or the reactor is shipped to slaughter in a vehicle sealed by the Department or the federal bureau. If the animal is shipped in a sealed vehicle, the seal may only be removed by the Department or the federal bureau.
“FARM-RAISED DEER” AND OTHER CERVIDAE
Persons Keeping “Farm-Raised Deer;” Registration
Under 1995 Wis. Act 79, persons keeping “farm-raised deer” in this state must register with the Department. This rule implements the new registration requirement.
This rule, like 1995 Wis. Act 79, defines “farm-raised deer” to include farm-raised fallow deer, caribou, reindeer, sambar, sunda sambar, Philippine sambar, visayan deer, barasingha, Schomburgk's deer, thamin or brow antlered deer, sika deer, Thorold's deer, red deer, wapiti and elk. “Farm-raised deer” do not include north american moose, white-tail deer or mule deer.
Under this rule, a person who “keeps farm-raised deer” must obtain a registration certificate from the Department. This includes any person who owns, rents, leases or serves as the custodian of “farm-raised deer.” A registration application must identify both the owner and the custodian of the “farm-raised deer.” Thus, if the owner and custodian are different persons, they need only complete one registration between them.
Under this rule, a person keeping “farm-raised deer” at more than one location may do either of the following:
○ Obtain a separate registration certificate, and pay a separate registration fee, for each location. A keeper may not move “farm-raised deer” between separately-registered locations without an interstate health certificate or certificate of veterinary inspection, unless the deer are exempt under current exemptions to the requirements for intra-state movement. If disease is detected at one location, animals at other locations will not be considered part of the same herd, and will not be treated as exposed animals unless a traceback shows that suspect or reactor animals have actually moved between the locations.
○ Register multiple locations under one registration certificate, and pay only one registration fee. If a keeper registers multiple locations under one registration, the keeper may freely move “farm-raised deer” between those locations without an interstate health certificate or certificate of veterinary inspection. But if disease is detected at one location, all of the “farm-raised deer” at all of the locations are automatically considered to be part of a single exposed herd.
A registration certificate expires on December 31 annually; however, there is no requirement for annual renewal after December 31, 1998.
This rule establishes an annual registration fee of $50 for persons who keep 15 or fewer “farm-raised deer,” and $100 for persons who keep more than 15 “farm-raised deer.” If the Department certifies a herd as an accredited tuberculosis-free herd, the keeper of that herd must register but is not required to pay a fee. The annual registration fee does not apply after December 31, 1998.
To register with the Department, a keeper of “farm-raised deer” must submit a registration application on a form provided by the Department. The application must include all of the following information:
○ The name, address and telephone number of the owner of the “farm-raised deer.”
○ The name, address and telephone number of the custodian of the “farm-raised deer,” if the custodian is anyone other than the owner.
○ The location at which the “farm-raised deer” will be kept, including the county, township, section and fire number assigned to the location.
○ The number of “farm-raised deer” being kept.
○ The species, age and sex of the “farm-raised deer” being kept. Age may be specified as fawn, yearling or adult.
○ If the herd is certified by the Department as an accredited tuberculosis-free herd, the accreditation number assigned to the herd.
Under this rule, the Department must grant or deny a registration application within 30 days after the Department receives a complete application. The Department may deny, suspend or revoke a registration for cause, including any of the following:
○ Violations of applicable requirements under ch. 95, Stats. (animal health), or chs. ATCP 10-12, Wis. Adm. Code.
○ Preventing a Department employe from performing his or her official duties, or interfering with the lawful performance of his or her duties.
○ Physically assaulting a Department employe while the employe is performing his or her official duties.
○ Refusing or failing, without just cause, to produce records or respond to a Department subpoena.
○ Paying a registration fee with a worthless check.
Under this rule, a person who keeps “farm-raised deer” must keep a record of all of the following, and must retain that record for at least 2 years:
○ The name and address of each person from whom that keeper purchases or receives “farm-raised deer.”
○ The name and address of each person to whom the keeper sells or delivers “farm-raised deer.”
