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.
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on proposed rules relating to minor remedial drafting changes to department rules. 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 rules. Following the public hearing, the hearing record will remain open until April 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 Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-5023. Copies will also be available at the hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by April 18, 2001, by writing to Roxy Capelle, Division of Legal Counsel, P.O. Box 8911, Madison WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
One hearing is scheduled:
Wednesday, April 25, 2001
1:30 p.m. until 3:30 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: s. 93.07 (1)
Statutes Interpreted: s. 93.07(10), 95.20 and 95.25
This rule makes the following minor remedial drafting changes to current DATCP rules:
Modifies ch. ATCP 1 (administrative orders and contested cases) to be consistent with s. 227.485, Stats., and the Wisconsin Court of Appeals decision in Gordon v. State Medical Examining Board, 225 Wis. 2d 552 (Ct. App. 1999). This rule clarifies that a prevailing party filing a motion for costs and attorneys fees in an administrative contested case must file that motion within 30 days after the department issues its proposed (not final) decision in the case. If the department issues its final decision without first issuing a proposed decision, the prevailing party may file the motion within 30 days after the department issues its final decision. Under current law, the administrative law judge who hears the case must issue a proposed decision if the administrative law judge is not the final decisionmaker. This rule clarifies (per current law) that if the administrative law judge is the final decisionmaker, the administrative law judge may issue a final decision without first issuing a proposed decision.
Clarifies the license expiration dates for bulk milk weigher and sampler licenses. This rule clarifies (per current law) that the license is a 2-year, not a 3-year license. A license normally expires on September 30. But if the department issues an original license prior to September 30 of any year, based on an application received after August 15 of that year, the license expires on the 3rd September 30 after the department issues the license.
Clarifies current rules related to home improvement contracts. Under current rules (ch. ATCP 110), some home improvement contracts must be in writing. A home improvement contract must contain certain disclosures if (1) current rules require a written contract or (2) the contract is prepared on the seller's “pre-printed contract form." This rule clarifies the second condition, which has been somewhat difficult to interpret. Under this rule, a home improvement contract must contain certain disclosures if (1) current rules require a written contract or (2) the buyer signs a written contract. This rule makes parallel modifications to other rule provisions dealing with contract changes.
Repeals obsolete rule provisions related to motor fuel price posting, including provisions authorizing the temporary use of so-called “pennywheel conversion devices." These temporary provisions had a stated “sunset" date of December 31, 1998, and are no longer in effect.
Clarifies current prohibitions related to “referral selling plans" (ATCP 121). Under current rules, a “referral selling plan" means “any method of sale where the seller or lessor, as an inducement for a consumer sale, offers compensation to a prospective buyer or lessee either for (a) names of other prospective buyers or lessees, or (b) otherwise aiding the seller or lessor in making consumer sales." A referral selling plan operates like a pyramid scheme or lottery. Each buyer purchases in reliance upon promised future payments that may result if the buyer refers other sales prospects who purchase in turn. But the payments may never occur, and the “chain" of prospects inevitably breaks. In 1968, the department prohibited referral selling plans unless the seller compensates the buyer before making any sale to
that buyer (thus eliminating the element of “chance"). This rule clarifies but does not change the current prohibition.
Eliminates obsolete references to statutes or rule provisions that no longer exist, and corrects obsolete references to statutes or rule provisions that have been changed. Amends several rule titles, to shorten or clarify those titles. Corrects a number of erroneous cross-references in current rules. Makes non-substantive drafting and organizational changes.
Fiscal Estimate
This rule will have no fiscal effect on the department or local units of government.
Initial Regulatory Flexibility Analysis
This rule makes minor remedial drafting changes to a variety of DATCP rules. This rule merely clarifies rule provisions, conforms current rule provisions to current law, or makes non-substantive organizational or drafting changes.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b), 137.06 and 227.11 (2), Stats., and interpreting s. 443.17, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create s. A-E 2.02 (7), relating to seals and stamps.
Hearing Date, Time and Location
Date: April 11, 2001
Time: 1:15 p.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
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 April 25, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 137.06 and 227.11 (2), Stats.
Statute interpreted: s. 443.17, Stats.
The current rules of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors require all registration seals or stamps affixed to drawings and specifications to be filed as public documents to be original seals or stamps. This proposed rule-making order will authorize registrants to use electronic signatures, to include use of registration seals or stamps, when submitting drawings and specifications as public documents, as permitted by the government unit receiving the drawings and specifications. This proposed change will enhance the options consistent with available technology and need a more efficient means to submit original documents required as public records. This proposed rule will create s. A-E 2.02 (7) to include reference to affixing a seal or stamp to specifications as well as drawings to be filed as original documents. The rule also clarifies which authority a registrant must follow when using electronic signatures.
Text of Rule
SECTION 1. A-E 2.02 (7) is repealed and recreated to read:
A-E 2.02 (7) (a) All seals or stamps affixed to drawings and specifications to be filed as public documents shall be original. No stickers or electronically scanned images shall be allowed.
(b) All seals and stamps on drawings and specifications to be filed as public documents shall be signed and dated by the registered professional as follows:
1. In a permanent ink contrasting with the seal and the background; or,
2. Utilizing an electronic signature meeting the requirements of s. 137.06, Stats., if permitted by the governmental unit that is to receive the drawings and specifications.
(c) If other standards for signatures or seals are prescribed by statute, the statutes shall govern.
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 be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
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 Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 302.07, 302.08, 302.11 (2) and 302.04, Stats., the department of corrections proposes the following rule relating to classification, assessment and evaluation and program review.
Hearing information:
Date & Time Location
April 17, 2001 Room 041
Tuesday State Office Building, GEF III
