An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter by contacting Margaret Cain at (414) 266-7000. Handicap access is available at the hearing.
Analysis Prepared by the State Fair Park Board
Statutory authority: s. 42.01 (3) (a)
Statute interpreted: s. 42.01 (1), (2) and (3)
The current rule contains 6 instances in which specific actions are prohibited if a person is under 18 years of age.
1. It prohibits persons under 18 years of age from carrying, possessing, receiving possession or transferring possession of paint in a spray can.
2. It prohibits selling spray cans of paint to any person under 18 years of age; and requires display of a sign stating “It is unlawful to sell spray paint to persons under 18.”
3. It prohibits selling or transferring spray paint containing a harmful substance to any person under 18 years of age.
4. It prohibits selling or transferring toxic glue to any person under 18 years of age, except it does not prohibit transferring one tube or container of toxic glue to a person under 18 years of age when the glue is provided along with a model kit as long as the model kit needs approximately that amount of glue to assemble the kit.
5. It prohibits a lessee who has a contract permitting the sale of alcoholic beverages from employing a person under 18 years of age for serving, selling or vending alcoholic beverages.
6. It prohibits employing a person under 18 years of age unless the employer has on file a child labor permit authorizing the employment.
This proposed rule changes each reference from 18 years of age to 17 years of age except it does not change the age requirement for persons selling, serving or vending alcoholic beverages. The current requirement that persons serving, selling or vending alcoholic beverages be 18 years of age or older is not changed. These changes will bring the rule into conformity with current statutes and local ordinances.
The proposed rule also repeals and recreates the bond deposit schedule. The current rule establishing a bond deposit schedule does not address several violations which were identified in SFP rules promulgated in 1996. This proposed rule establishes bond deposits for additional types of violations and changes the amount of bond required for some violations and continues the policy of expelling anyone camping at the State Fair Park after revocation of a RV permit.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
This proposed rule addresses two portions of the rules of the State Fair Park Board. First, it addresses several subsections of ch. SFP 2 in which a minimum age for doing some specific thing is 18 years of age. Under the amendment, most of these references to age are changed from 18 years of age to 17 years of age. The Board does not believe this change will cause any fiscal impact. The existing staff have enforced the 18 year age requirement in the past, so the Board does not expect any additional fiscal impact with the new age level.
The second portion of the rules affected by this proposed order is the bond schedule. In September, 1996, new SFP rules numbered chs. SFP 1 through 6 were published in the Wisconsin Administrative Register. Chapter SFP 7 was also published, but it did not include changes which were needed under the newly-published chs. SFP 1-6. This proposed order changes the bond schedule to provide bond amounts for violations of provisions created in the 1996 rules. Since this order does not create new violations, there should be no additional fiscal impact. The persons who enforce chs. SFP 1-6 will simply have an accurate bond schedule to use.
There is no local government fiscal impact.
Initial Regulatory Flexibility Analysis
This rule proposal has minimal effect on small businesses in Wisconsin. To the extent that it does affect small businesses, it grants them additional rights without imposing any additional costs.
This rule changes several references in SFP rules from 18 years of age to 17 years of age. This means that if something was previously prohibited for persons under 18 years of age, it is now prohibited for persons under 17 years of age. There is one exception to this lowering of age. Current rules require persons serving, selling or vending alcoholic beverages to be 18 years of age or older. That provision was not changed. These changes do not have a negative impact on small businesses.
The other thing this rule does is establish a bond schedule for persons who violate provisions of chs. SFP 1-6. Since this will only apply to persons who violate the rules, it is not anticipated that this will have an effect on small businesses. While it is true that small businesses may be faced with paying a forfeiture, that is completely within their control because they are able to determine whether they will violate the rules and, therefore, whether they will be subject to the bond.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Financial Institutions--Division of Securities
(CR 97-148):
SS. DFI-Sec 7.01 (6), 27.01 (5) and 35.01 (4) - Relating to Division photocopying fee charges.
S. El Bd 1.855 - Relating to contributions from conduit accounts.
S. El Bd 1.30 - Relating to filing campaign finance reports.
S. El Bd 1.655 - Relating to the identification of the source of communications in polls and surveys paid for with money raised for political purposes.
S. El Bd 1.85 - Relating to conduit registration and reporting requirements.
SS. NR 132.085 and 132.09 and ch. NR 182 - Relating to regulation of metallic mineral mining.
Ch. VA 12 - Relating to the personal loan program.
The following administrative rule orders have been adopted and published in the January 31, 1998
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 & Consumer Protection
(CR 97-38):
An order affecting ss. ATCP 70.03, 71.02, 74.08, 75.015 and 80.04, relating to food and dairy license fees.
Effective 02-01-98.
Agriculture, Trade & Consumer Protection
(CR 97-43):
An order creating ss. ATCP 31.03 and 31.08, relating to standards for repealing site-specific prohibitions against the use of pesticides found in groundwater.
Effective 02-01-98.
An order affecting chs. Comm 2, 5 and 18, relating to the inspection of elevators and mechanical lifting devices.
Part effective 01-01-98.
Part effective 02-01-98.
An order creating ch. DOC 304, relating to the inmate secure work program.
Effective 02-01-98.
An order amending s. NR 101.13 (2), relating to the wastewater fee program.
Effective 02-01-98.
An order affecting s. PD 3.038 (2), relating to the calculation of indigency.
Effective 02-01-98.
An order affecting ss. RL 17.02, 17.03 and 17.12, relating to the employment of personal assistants by real estate salespeople and broker-employes.
Effective 02-01-98.
An order affecting chs. RL 80 to 87, relating to the regulation of certified and licensed appraisers.
Effective 02-01-98.
An order affecting chs. Trans 129 and 503, relating to the waiver of the motorcycle skills test and to required attendance of motorcycle rider courses and motorcycle instruction permit issuance.
Effective 02-01-98.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 97-38)
Chs. ATCP 70, 71, 74, 75 and 80 - Food and dairy license fees.
Summary of Final Regulatory Flexibility Analysis:
This rule increases existing license fees for dairy plants, food processing plants, food warehouses and retail food establishments. The department has not increased license fees since 1991.
Wisconsin's food safety programs are funded by general tax dollars (GPR) and industry license fees (PR). In 1991, license fees funded about 40% of the food safety program costs. Program costs have increased due to external factors, such as inflation and statewide pay increases, over which the department has no control. In addition, the 1995-97 biennial budget reduced GPR funding, and required a higher percentage (50%) of license fee funding. As a result, the department projects a deficit in its food safety budget in FY 1997-98.
Increasing license fees as proposed in this rule will affect small businesses. License fees for all categories of dairy plants, food processing plants, food warehouses and retail food establishments will increase. Small businesses exist in each category of food and dairy establishment.
The department has attempted to accommodate small businesses and provide a reasonably fair and equitable license fee schedule. This is done by basing fees on the actual costs associated with each category of licensed establishment and then determining further subcategories of establishments based on the size or volume of each establishment and the food products processed or handled by the establishment. Smaller establishments processing and handling food with less potential food safety risks pay lower license fees than large establishments handling foods with higher food safety risks.
