Chapters HFS 172, 175, 178 and 195 to 198 and s. HFS 196.03 (11r) Emergency Rules
The Department issues permits for the operation of campgrounds, camps, public swimming pools, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending machines, operators and commissaries. An annual fee (biennial for a bed and breakfast establishment) is charged for a permit. An additional fee is charged if a permit fee is paid late. There is a one-time pre-inspection fee for a new facility, which applies only to hotels, motels, tourist rooming houses, restaurants, bed and breakfast establishments and vending machine commissaries. These fees must cover the costs of regulation by the Department. Fee revenue for FY 1998-99 is projected at about $2.2 million a year without fee increases.
This order increases Department fees effective July 1, 1998, to cover increased program costs. The fee increases are expected to generate $637,557 annually in increased program revenues ($372,557 from permit fees, $240,000 from preinspection fees and $25,000 from late fees).
This order also provides for a one-time technology improvement surcharge of $15 to $25 to be paid by each permit-holder at the time the permit fee is paid for the July 1, 1998 to June 30, 1999 permit period. The one-time technology improvement surcharge is expected to generate $332,355, which will be used to update the regulatory program's computerized information and processing system.
The Department directly regulates 9469 restaurants, 2346 hotels and motels, 1663 tourist rooming houses, 384 bed and breakfast establishments, 107 food vending operations (70 operators and 37 commissaries), 909 campgrounds, 196 educational and recreational camps and 977 swimming pools. A few campgrounds, camps and swimming pools are operated by the Wisconsin Department of Natural Resources (DNR), the University System and local governments. Permit fees are increased 18% and the technology improvement surcharge is a one-time payment of $15 to $25 for each permit-holder, which means that the impacts of the revised fees and the one-time surcharge on state government and local governments are minimal.
This order in addition modifies the definition of “incidental food service” in ch. HFS 196, the rules for restaurants. That definition is modified mainly to increase the percentage of the gross annual food sales of a retail food establishment that may be derived from the sale of meals to less than 50%. This will have the effect of eliminating “double licensing” of some retail food establishments by the Department and the Department of Agriculture, Trade and Consumer Protection, because a separate restaurant permit will no longer be required. The change will also have the effect of reducing Department revenues from permit and related fees. The change, which will take effect for permits issued by the Department starting with the permit period that begins July 1, 1998, is expected to reduce fee revenue for the 1998-99 SFY by $148,000 (1000 establishments x average fee of $148).
Initial Regulatory Flexibility Analysis
Section HFS 196.03 (11r) Permanent Rule
The proposed amendment of the definition of “incidental food service” in the Department's rules for restaurants will affect approximately 2100 retail food establishments. These are establishments that are licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP) or one of its agent local health departments and that have offered meals for sale to the general public within the retail food establishment, the sale of which amounts to more than 25% but less than 50% of the gross annual food sales of the store, and consequently have been required to also have a restaurant permit issued by the Department of Health and Family Services or one of its agent local health departments. The effect of the change in the definition is to no longer require a separate restaurant permit for these retail food establishments.
About one-third of the 2100 affected retail food establishments are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
No new reporting, bookkeeping or other procedures are required for compliance with the rule change.
No new professional skills are necessary for compliance with the rule change.
Chapters HFS 172, 175, 178 and 195 to 198 and s. HFS 196.03 (11r) Emergency Rules
The requirement for an initial regulatory flexibility analysis does not apply to emergency rules (s. 227.114 (8) (a), Stats.). An initial regulatory flexibility analysis was published as a section of the hearing notice for the proposed permanent rules relating to permit fee increases and the technology improvement surcharge (see Wisconsin Administrative Register, March 31, 1998, p. 23).
Notice of Hearing
Natural Resources
(Fish, Game, etc.,
Chs. NR 1--)
Notice is hereby given that pursuant to ss. 29.085, 29.174(3), 227.11(2)(a) and 227.24(1)(a), Stats., interpreting ss. 29.085 and 29.174(2)(a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-48-98(E) relating to sport fishing for yellow perch in Sauk creek, Ozaukee county. The emergency rule affects Lake Michigan sport fishing rules. It closes the sport fishing season for yellow perch in Sauk creek, Ozaukee county, a tributary to Lake Michigan, during June and establishes a daily bag limit of 5 for the remainder of the year.
Hearing Information
July 24, 1998 Room 709
Friday GEF #2 Bldg.
at 1:30 p.m. 101 S. Webster Street
Madison
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the emergency rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than July 24, 1998. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-48-98(E)] may be obtained from Mr. Horns.
Fiscal Estimate
These rule changes will have no fiscal impact on state or local units of governments.
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.
Ch. ILHR 60 - Relating to design and construction of public buildings and places of employment used as child day care facilities.
Ch. ETF 52 - Relating to the administration of the duty disability benefit program under s. 40.65, Stats.
SS. PI 3.03 and 3.05 - Relating to environmental education requirements and an urban education license.
S. PI 2.05 (2) (a) - Relating to the school district boundary appeals board (SDBAB).
Ch. PI 11 - Relating to children with disabilities.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order creating ch. Comm 110, relating to the Brownfields grant program.
Effective 08-01-98.
An order creating s. ElBd 6.05, relating to filing campaign finance reports by electronic transmission.
Effective 09-01-98.
An order affecting s. ETF 41.02, relating to long-term care insurance.
Effective 08-01-98.
An order repealing and recreating ch. HFS 139, relating to qualifications of public health professionals employed by local health departments.
Effective 08-01-98.
An order creating ch. HFS 140, relating to required services of local health departments.
Effective 08-01-98.
An order creating ch. HFS 173, relating to regulation of tattooists and tattoo establishments and regulation of body piercers and body-piercing establishments.
Effective 08-01-98.
An order amending ss. HFS 149.02 (6) and 149.03 (7) (a), relating to vendor authorization expiration and reauthorization dates under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
Effective 08-01-98.
N o t i c e of N o n a c q u i e s c e n c e
Tax Appeals Commission
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GFG CORPORATION, NOTICE OF
: NONACQUIESCENCE
Petitioner,
v. : Docket No. 96-I-706
WISCONSIN DEPARTMENT OF REVENUE,
:
Respondent.
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Pursuant to section 73.01 (4) (e) 2, Stats., the respondent hereby gives notice that, although it is not appealing the decision and order of the Tax Appeals Commission rendered in the above-captioned matter under date of May 29, 1998, it has adopted a position of nonacquiescence in regard to that part of the decision and order that allows the petitioner to take a tax deduction amortizing the Non-Competition Agreement. The effect of this action is that, although the decision and order is binding on the parties for the instant case, the Commission's conclusions of law, the rationale and construction of statutes in regard to that issue in the case are not binding upon or required to be followed by the respondent in other cases.
The State of Wisconsin
Department of Administration
Document Sales Unit
