Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
Rule Submittal Date
On February 27, 2001, the Department of Agriculture, Trade and Consumer Protection submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule makes minor remedial drafting changes to current department rules under chapters ATCP 92, 1, 29, 30, 57, 91, 98, 101, 109, 110, 111, 116, and 121.
Agency Procedure for Promulgation
The department will hold a public hearing on April 25, 2001.
Contact Information
The department's Office of Legal Counsel is primarily responsible for this rule.
If you have questions, you may contact:
Roxy Capelle at (608) 224-5023.
Medical Examining Board
Rule Submittal Date
On March 14, 2001, the Medical Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order relates to the USMLE examination.
Agency Procedure for Promulgation
A public hearing is required and will be held on May 16, 2001 at 8:30 a.m. in Room 179A, Medical Examining Board, 1400 East Washington Avenue, Madison, Wisconsin.
Contact Information
If you have questions, you may contact:
Pamela Haack, Paralegal
Administrative Rules Coordinator
(608) 266-0495
Medical Examining Board
Rule Submittal Date
On March 14, 2001, the Medical Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order relates to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
Agency Procedure for Promulgation
A public hearing is required and will be held on May 16, 2001 at 8:30 a.m. in Room 179A, Medical Examining Board, 1400 East Washington Avenue, Madison, Wisconsin.
Contact Information
If you have questions, you may contact:
Pamela Haack, Paralegal
Administrative Rules Coordinator
(608) 266-0495
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
Rule Submittal Date
On March 5, 2001, the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order relates to professional counselor training certificates.
Agency Procedure for Promulgation
A public hearing is required and will be held on May 17, 2001 at 10:00 a.m. in Room 179A, 1400 East Washington Avenue, Madison, Wisconsin.
Contact Information
If you have questions, you may contact:
Pamela Haack, Paralegal
Administrative Rules Coordinator
(608) 266-0495
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
Rule Submittal Date
On March 5, 2001, the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order relates to conforming existing rules to present practices and to other rules.
Agency Procedure for Promulgation
A public hearing is required and will be held on May 22, 2001 at 9:30 a.m. in Room 179A, 1400 East Washington Avenue, Madison, Wisconsin.
Contact Information
If you have questions, you may contact:
Pamela Haack, Paralegal
Administrative Rules Coordinator
(608) 266-0495
Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from mid-March 2001 Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on proposed rule changes to ATCP 29, Wis. Adm. Code. The hearing will be held at the time and place shown below. The public is invited to attend the hearing and make comments on the proposed rule. Following the public hearing, the hearing record will remain open until April 11, 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 or by calling (608) 224-4523. Copies will also be available at the public hearing.
An interpreter for the hearing impaired will be available on request for the hearing. Please make reservations for a hearing interpreter by March 21, 2001 either by writing Karen Ayers, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4523), or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearing.
Wednesday, March 28, 2001 from 1:00 p.m.-5:00 p.m.
Wisconsin Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53718-6777.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1) and 94.73(15)
Statutes interpreted: ss. 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2. and 94.704 (3) (a) 2.
This rule increases pesticide license fee surcharges in order to continue funding for the agricultural chemical cleanup program under s. 94.73, Stats.
Background
The department of agriculture, trade and consumer protection (DATCP) administers an agricultural chemical cleanup program under s. 94.73, Stats. This program is designed to clean up environmental contamination caused by spills of fertilizers and nonhousehold pesticides. Under the cleanup program, DATCP may reimburse a portion of the eligible cleanup costs. Over 360 contaminated sites are being cleaned up under this program.
When the cleanup program was first established, it was funded by a combination of general tax dollars (GPR) and agricultural chemical license fee surcharges. But the Legislature later withdrew GPR funding. The Legislature also transferred $500,000 in license fee surcharge funds from this program to the state general fund. The program is now funded entirely by license fee surcharges.
Under s. 94.73 (15), Stats., DATCP must adjust these surcharges by rule, as necessary, to maintain a cleanup fund balance of not more than $5 million and not less than $2 million. In response to a fund surplus, DATCP adopted rules suspending license fee surcharges until December, 2002. But an increase in cleanup reimbursement claims has depleted the fund more rapidly than expected. DATCP currently projects that the fund balance will fall below the required $2 million minimum amount later this calendar year. If no new funding is provided, the fund balance will likely fall to zero in the next biennium.
In order to provide continued funding for cleanup projects, this rule reinstates pesticide license fee surcharges beginning in December, 2001. This rule change will likely prevent the fund balance from falling to zero, but will not necessarily maintain the required minimum balance of $2 million. This rule does not affect fertilizer license fees, which will automatically resume in August, 2002.
Pesticide Manufacturers and Labelers; License Fee Surcharges
Under this rule, pesticide manufacturers and labelers must pay license fee surcharges based on their annual gross sales of pesticide products in Wisconsin:
• For each product with annual gross sales less than $25,000, the surcharge is $5. This surcharge is added to the current basic license fee of $275 per product.
• For each product with annual gross sales between $25,000 and $75,000, the surcharge is $100. This surcharge is added to the current basic license fee of $790.
•For each product with annual gross sales greater than $75,000, the surcharge is 0.75% of gross sales. This surcharge is added to the current basic license fee of $2760 plus 0.2% of gross sales.
A manufacturer or labeler must pay the required surcharge for each license year ending December 31, based on sales for the 12 months ending September 30 of the preceding license year. This rule first applies to license applications for the year 2002. To obtain a license for the year 2002, an applicant must pay surcharges based on sales for the 12 months ending September 30, 2001.
Dealers and Distributors of Restricted-Use Pesticides; License Fee Surcharges
Under this rule, a dealer or distributor of restricted-use pesticides must pay an annual license fee surcharge for each business location. This surcharge adds $40 to the current annual license fee of $60 per business location. A dealer or distributor must pay the surcharge to obtain a license for each year ending December 31, beginning with the 2002 license year.
Pesticide Application Businesses
Under this rule, a pesticide commercial application business must pay an annual license fee surcharge for each business location. The surcharge adds $55 to a current annual license fee of $70 per business location. A pesticide application business must pay the surcharge in order to obtain a license for each license year ending December 31, beginning with the 2002 license year.
Individual Commercial Applicators
Under this rule, an individual commercial applicator of pesticides must pay an annual license fee surcharge of $20, which is added to the current annual license fee of $30. An individual commercial applicator must pay the surcharge in order to obtain a license for each license year ending December 31, beginning with the 2002 license year.
Fiscal estimate
See page 18 from the 3/15/01 Wis. Adm. Register.
Initial regulatory flexibility analysis
See page 18 from the 3/15/01 Wis. Adm. Register.
