Agency Procedure for Promulgation
A date for the public hearing will be scheduled.
Contact Information
If you have questions, please contact:
Dave Russell
Division of Agricultural Resource Management
Telephone: (608) 224-4627
Mailing Address:
2811 Agriculture Drive
PO Box 8911
Madison, WI 53718-6777
Workforce Development
Rule Submittal Date
On January 30, 2001, the Department of Workforce Development submitted proposed rules to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rules affect s. DWD 290.155 (1) relating to the annual adjustment of thresholds for application of prevailing wage rates.
Agency Procedure for Promulgation
A public hearing is required and will be held on February 27, 2001. The organizational unit responsible for the promulgation of the proposed rules is the DWD Equal Rights Division.
Contact Information
If you have questions, please contact:
Elaine Pridgen
Telephone: (608) 267-9403
Mailing Address:
201 East Washington Avenue
PO Box 7946
Madison, WI 53707-7946
Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from 1/31/01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces it will hold a public hearing on its emergency rule to create s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs. The public hearing will be held on Tuesday, February 13, 2001 at 2:00 p.m. at the following location:
Department of Agriculture, Trade and Consumer Protection
Prairie Oak State Office Building
Room 106
2811 Agriculture Drive
Madison, Wisconsin
Public comment is being sought on the Department's emergency rule, pursuant to s. 227.24 (4), Stats., which requires that a public hearing be held within 45 days after an emergency rule is adopted. Following the public hearing, the hearing record will remain open until Wednesday, February 14, 2001 to receive additional written comments.
An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by Monday, February 5, 2001 either by writing to Lynn Miller, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone 608 224-4883) or by calling the Department TDD at 224-5058.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07 (1), and 95.197 (2).
Statute Interpreted: s. 95.197.
Johne's disease (paratuberculosis) is a serious disease of cattle. The 1999-2001 biennial budget act (1999 Wis. Act 9) established a grant program to help cattle owners pay for Johne's disease testing. The department of agriculture, trade and consumer protection (DATCP) administers the grant program. This rule establishes standards for the grant program, as required by the biennial budget act.
Background
Under s. 95.195, Stats., and current DATCP rules, a seller warrants that cattle are free of Johne's disease at the time of sale unless the seller discloses to the prospective buyer the current Johne's disease herd classification of the source herd. Every herd of cattle has a Johne's disease herd classification.
A herd is automatically classified “maximum risk for Johne's disease" unless DATCP assigns a different herd classification based on an annual herd test. DATCP may assign one of several herd classifications, based on annual herd test results. An annual herd test is voluntary. A herd owner may arrange and pay for an annual herd test, and may ask the department to classify the herd based on the test results.
Grant Program
The biennial budget act (1999 Wis. Act 9) provided $100,000 in grant funds FY 2000-01 to help cattle owners pay for annual Johne's disease herd tests. Under this rule, a herd owner who asks the department to classify a herd based on an annual herd test may apply for reimbursement of laboratory costs associated with the annual test. When DATCP classifies the herd, it will tell the herd owner how to apply for reimbursement.
To obtain reimbursement, a herd owner must file a claim by February 1 of the year following the year in which the herd owner tests the herd. The herd owner must submit copies of bills that establish the amount of laboratory costs charged to the herd owner. DATCP will distribute available funds by June 30 (following the February 1 annual application deadline).
DATCP may reimburse all or part of an applicant's allowed claim, depending on available funding. If allowed claims exceed available funding, DATCP will pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.
Fiscal Estimate
The department does not anticipate this emergency rule to have a significant fiscal effect. It is estimated that 2,400 herds will be classified over a 12 month period of which approximately 80% of the herd owners will file a reimbursement claim. Each claim is expected to require 20 minutes to review and complete data entry for payment. The total cost will be approximately $13, 200 ($12,600 for salary and fringe and $600 for postage). This time can be accommodated with existing staff and through reprioritization of work assignments in the office. There is no anticipated fiscal effect for local units of government.
Regulatory Flexibility Analysis
This rule establishes standards for the grant program created by 1999 Wis. Act 9 to assist cattle owners in paying for Johne's disease testing. It will affect cattle owners who wish to obtain reimbursement for a portion of the costs incurred to test their herds for Johne's disease.
When a herd owner has his or her herd tested for Johne's disease and requests that the herd be classified on the basis of that test, the department will advise the herd owner that he or she is eligible to participate in the grant program. To participate in the grant program, the herd owner must file a claim no later than February 1 of the year following the calendar year in which the herd was tested. The owner must provide copies of bills from either the veterinarian or the laboratory to establish amount of laboratory costs incurred.
This claim filing process is the least onerous possible that is consistent with the state's need to audit and assure that grants are only given in appropriate amounts to eligible owners. The rule permits filing the claim anytime between the date their herd is classified and February 1 of the year after the testing is conducted. This allows significant flexibility for the animal owner.
It is not anticipated that the animal owner will need any significant professional skills to complete the claim form and become eligible for a grant under this rule.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on the proposed revisions to rule, ch. ATCP 48, relating to drainage district finances and grants to county drainage boards. 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 rules. Following the public hearings, the hearing record will remain open until March 30, 2001, 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 Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, by calling 608-224-4627 or by sending a faxed request to 608-224-4615. Copies will also be available at the hearing location.
For the hearing or visually impaired, non-English speaking, or for those with other personal circumstances which might make communication at the hearing difficult, this agency will, to the maximum extent possible, provide aids including an interpreter, or a non-English, large print or taped version of hearing documents. Please contact the address or phone number listed above or the TDD telephone at 608-224-5058 as soon as possible. The hearing locations are handicap accessible.
The following two hearings are scheduled:
Tuesday, February 27, 2001, 7:00 PM until 9:00 PM
Outagamie County Highway Department
1313 Holland Road
Appleton, WI
Wednesday, February 28, 2001, 7:00 PM until 9:00 PM
Jefferson County Courthouse
307 Main Street, Room 202
Jefferson, WI
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07 (1), 88.11, and 88.15 (2)
Statutes Interpreted: ss. 88.15 and 88.18
In the 1999-2001 biennial budget act (1999 Wis. Act 9), the Legislature created a state grant program to help county drainage boards comply with new legal requirements related to drainage districts. This rule implements that grant program. This rule also clarifies that county drainage boards must keep their drainage district accounts with the county treasurer.
Background
Drainage districts are special purpose districts formed to drain land, primarily for agricultural purposes. Drainage districts control the flow of water in large areas of the state, and have a major impact on agriculture, land use and the environment. Some districts have been in existence since the 1880s. There are approximately 199 drainage districts located in 30 counties.
A county drainage board oversees all the drainage districts within each county. The Wisconsin department of agriculture, trade and consumer protection (DATCP) helps county drainage boards comply with state drainage laws, ch. 88, Stats., and ch. ATCP 48, Wis. Adm. Code.
When a drainage district is created, the circuit court approves drainage district specifications that determine the rights and responsibilities of affected landowners. But many old drainage specifications are unclear, and some have been lost or destroyed. A lack of clear specifications can lead to costly problems and legal disputes.
New Legal Requirements
Recent law changes require county drainage boards to update the specifications for all drainage districts. For each drainage district, a county drainage board must create a professional quality map set showing drainage district boundaries, drain alignments, drain cross-sections and drain grade profiles. Drainage boards must also develop plans to maintain drainage districts according to the updated specifications.
County drainage boards must assess drainage district landowners in order to pay for drainage district specifications, maintenance plans and other costs. Drainage boards must assess costs according to the benefits that landowners derive from the drainage district. In order to assess costs fairly, some county drainage boards may need to modernize their outdated assessments of landowner benefits.
Grant Program
In the 1999-2001 biennial budget act, the Legislature provided grant funds to help county drainage boards meet their new legal responsibilities. The Legislature provided $500,000 for the state fiscal year ending June 30, 2001, with a possibility of continued annual appropriations until June 30, 2006. From these appropriations, DATCP may award grants for 60% of eligible drainage board costs.
Initial Grants
On September 15, 2000, DATCP awarded drainage board grants for the state fiscal year ending June 30, 2001. DATCP offered a total of just over $450,000 to 12 county drainage boards. DATCP awarded grants for the following types of projects, in descending priority order:
• Drainage specifications (map sets).
• Drainage benefit reassessments.
• Drainage district maintenance plans.
If the Legislature continues to appropriate funds, DATCP will continue to award drainage board grants in future fiscal years. This rule establishes standards and procedures for the grant program.
County Drainage Board Accounts
According to s. 88.18, Stats., the county treasurer must serve as treasurer of all drainage districts under the jurisdiction of the county drainage board. The county treasurer may deduct a portion of the interest earned on county drainage board accounts, to cover relevant costs incurred by the county treasurer and county zoning administrator. The county drainage board may appoint its own treasurer, who serves as deputy county treasurer. This rule clarifies the handling of county drainage board funds, to ensure proper documentation and accountability.
Rule Contents
Grants to County Drainage Boards; General
Under this rule, DATCP may award grants to county drainage boards to help them comply with ch. 88, Stats., and ch. ATCP 48, Wis. Adm. Code. A grant may pay a county drainage board for up to 60 percent of the drainage board's costs to do any of the following:
