Register

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed revisions to ch. ATCP 160, Wis. Adm. Code, relating to County and District Fairs. 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, 1999, for additional written comments.

A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Marketing, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, or by calling [phone] or [phone]. Copies will also be available at the public hearings.

An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by May 3, 1999, either by writing to Cindy Rein, 2800 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, [phone]) or by contacting the message relay system (TTY) at [phone]. Handicap access is available at both locations for the hearings.

Hearing Information

Two hearings are scheduled:

May 13, 1999   State of Wisconsin

Thursday   WI Dept. of Agriculture, Trade

9:30 a.m. until 11:30 a.m.   & Consumer Protection Bldg.

  2811 Agriculture Drive

  Madison, WI 53718

  Room 172

May 13, 1999   Marathon County Courthouse

Thursday   500 Forest Street

3:00 p.m. until 5:00 p.m.   Wausau, WI 54403

  Room 149

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory Authority: ss. 93.07(1) and 93.23(1)(a)2.

Statute Interpreted: s. 93.23

This rule updates the department's current rules related to county and district fairs. Among other things, this rule establishes new and revised entry classes for county and district fair exhibits, and specifies uniform premium awards for various entry classes.

Background

Under s. 93.23, Stats., the department of agriculture, trade and consumer protection (“department") is authorized to distribute state aid moneys to county and district fairs. Currently, about 76 county and district fairs receive state aids from the department. State aid moneys, appropriated under s. 20.115(4)(b) and (g), Stats., are used to reimburse county and district fairs for premiums awarded to fair exhibitors. In each year of the 1997-99 biennium, the Legislature earmarked $585,000 of the state's gaming revenues for that purpose.

Under s. 93.23, Stats., the department may reimburse a county or district fair for 95% of the first $8,000 in net premiums awarded by the fair, and 75% of all net premiums over $8,000. The maximum amount of reimbursement is $15,000. In order to qualify for state aids under s. 93.23, Stats., a county or district fair must award premiums according to a uniform premium list which the department adopts by rule.

The department's current rules under ch. ATCP 160, Wis. Adm. Code specify detailed entry classes for county and district fair exhibits. For each entry class, current rules specify uniform premiums for first place to fourth place premium awards. The department will pay state aids only on that portion of a premium award that is within the maximum amount specified by department rule. Under this rule, premiums for most exhibits range from $1.00 to $3.00, although higher amounts may be awarded for some classes of exhibits.

The department updates its county and district fair rules every 5 years, based on recommendations from the Wisconsin association of fairs. The Wisconsin association of fairs is a state association of organizations that sponsor county and district fairs in this state. This rule is adopted as part of the department's regular 5-year update cycle, and incorporates the most recent recommendations of the Wisconsin association of fairs.

Rule Contents

This rule specifies a number of new and revised entry classes for county and district fair exhibits. It also specifies a number of new and revised premium awards in various entry classes. This rule makes the following changes to current rules, among others:

•   It adds a specific department or entry class for computers and computer programs.

•   It changes the basis for entry classes in the junior fair division from the age of exhibitors to the academic grade level of exhibitors. Current rules specify that junior fair division exhibitors may be 8 to 19 years of age. This rule establishes entry classes for exhibitors who have completed kindergarten to grade 13 by June 30 in the year in which the fair is held.

•   It eliminates specific breeds as entry classes in the dairy goats, poultry and rabbits departments for both the open division and junior fair division. The new rules allow the local fair to establish entry classes comprised of a single breed, or a combined breed class consisting of two or more breeds within the same group, none of which are offered by the fair as a separate entry class.

•   It adds a poultry market entry class in the open class division.

•   It simplifies the rule by eliminating specific entry classes for departments 18 to 32 in the open fair division. The affected departments include exhibits such as flowers and house plants, clothing, home furnishings, and foods and nutrition. The new rules simply list the premium levels and authorize the local fair board to establish specific classes and groupings under each premium level.

•   It eliminates all bull calf entry classes from the dairy cattle department in the junior fair division. This change is made for safety reasons because of the potential for injury to youth exhibitors when showing a bull calf.

•   It amends the showmanship class in each department in which it occurs in the junior fair division by eliminating exhibitor classes for beginners, intermediates, and seniors. The revision also gives the local fair board discretion to establish specific entry classes and subdivisions of entry classes.

•   It creates an entry class for dairy sheep in the junior fair division's sheep department.

•   It repeals and recreates rules for departments 14 to 34 in the junior fair division. The affected departments include exhibits such as flowers and house plants, clothing, home furnishings, and foods and nutrition. The new rules simply list the premium levels and authorize the local fair board to establish specific classes and groupings under each premium level.

This rule also makes a substantial number of technical and drafting changes to current rules.

Fiscal Estimate

This rule will have not significant fiscal impact on the department or local units of government nor will it have any significant impact on small business.

Initial Regulatory Flexibility Analysis

The proposed rule, ch. ATCP 160, Wis. Adm. Code, County and district Fairs, has been reviewed pursuant to s. 227.114, Wis. Stats., and it has been determined that the rule will not have a significant economic impact on a substantial number of small businesses.

Notice of Hearing

Chiropractic Examining Board

[CR 99-40]

Notice is hereby given that pursuant to authority vested in the Chiropractic Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 446.02 (8), Stats., and interpreting s. 446.02 (8), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. Chir 3.08, relating to use of limited liability entities in chiropractic practice.

Hearing Information

May 20, 1999   Room 179A

Thursday   1400 East Washington Ave.

10:00 a.m.   MADISON, WI

Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by May 30, 1999 to be included in the record of rule-making proceedings.

Analysis Prepared by the Dept. of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 446.02 (8), Stats.

Statute interpreted: s. 446.02 (8), Stats.

Since January 1, 1994, Wisconsin has permitted use of limited liability companies and since December 1995, limited liability partnerships. The law regulating the practice of chiropractic in Wisconsin does not specifically prohibit or authorize a chiropractor to organize a chiropractic practice as a limited liability company or limited liability partnership. The rule proposed is intended to provide a clear statement of the Board's position as to whether it is permissible for a chiropractor to organize a practice under any of the limited liability organizations recognized in current state law.

Under the rule a chiropractor may practice with or in a business that is organized as a limited liability organization under Wisconsin law with certain restrictions that are based on current statutory practice requirements. The chiropractor shall not practice with or in a business organized so that a person other than a chiropractor has the right to direct or control the professional judgment of the chiropractor. The chiropractor shall have in effect professional liability insurance in the amounts required by the Board in s. Chir 3.07.

The rule explicitly recognizes legal principle that chiropractic practice with or in a business that is organized as a limited liability organization does not relieve the chiropractor from personal liability for any acts, errors or omissions of the chiropractor arising out of the performance of professional services.

Text of Rule

SECTION 1. Chir 3.08 is created to read:

Chir 3.08 Limited liability entities. (1) A chiropractor may practice with or in a business that is organized as a limited liability organization under the laws of this state, including a limited liability partnership, a service corporation, and limited liability company.

(2) A chiropractor may not practice with or in a business organized so that a person other than a chiropractor has the right to direct or control the professional judgment of the chiropractor. This restriction does not prohibit a chiropractor from working with or in a business organized so that someone other than the patient pays the chiropractor's fee or salary, provided the fee or salary arrangements do not modify the chiropractor's obligation to his or her patient.

(3) Nothing in this section shall relieve a chiropractor from personal liability for any acts, errors or omissions of the chiropractor arising out of the performance of professional services.

(4) Nothing in this section shall relieve a chiropractor from the requirement that every practicing chiropractor shall have in effect professional liability insurance in the amounts required by the board in s. Chir 3.07.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Information

Copies of this proposed rule are available without cost upon request to:

Pamela Haack

Department of Regulation and Licensing

Office of Administrative Rules

1400 East Washington Ave., Room 171

P.O. Box 8935

Madison, WI 53708

Telephone [phone]

Notice of Hearing

Chiropractic Examining Board