•
Notify the herd veterinarian within 24 hours after the herd owner observes any signs or symptoms of chronic wasting disease.
•
Provide an annual statement from the herd veterinarian. The herd veterinarian must submit the annual statement to DATCP, within 30 days before or after the herd enrollment anniversary date. The veterinarian must certify that he or she is the herd veterinarian, and that no farm-raised deer in the herd has shown any clinical signs of chronic wasting disease since the last annual statement.
•
File a report of an annual herd census. The herd owner must complete the annual census within 30 days before or after the enrollment anniversary date, and must file the report within 10 days after completing the census. The census report must include all the following:
- The number, species and sex of farm-raised deer in the herd.
- The number of farm-raised deer at least one year old, and the number less than one year old.
- The official individual identification of each farm-raised deer that is at least one year old.
- The number, species and sex of farm-raised deer added to the herd since the last reported herd census. The report must indicate whether these new farm-raised deer were born into the herd or added from another source. If farm-raised deer were added from another source, the report must identify the source from which they were obtained.
- The number of farm-raised deer that left the herd since the last reported herd census. The report must explain how each farm-raised deer left the herd, including all the following:
* Whether the farm-raised deer died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.
* If the farm-raised deer was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.
* If the farm-raised deer died on the premises, the animal's age and the disposition of its carcass. If the carcass left the premises, the report must identify the carcass destination or recipient. If the animal was at least 16 months old, the report must include a chronic wasting disease test report.
* If the farm-raised deer was shipped to slaughter, the animal's age and the name and address of the slaughter establishment. If the farm-raised deer was at least 16 months old, the report must include a chronic wasting disease test report.
•
Maintain all the following records for at least 5 years, and make those records available to DATCP for inspection and copying upon request:
- A record of each farm-raised deer added to the herd from another source, including:
* The species, age and sex of the animal.
* The name and address of the person from whom the animal was obtained.
* The address of the herd from which the animal was obtained.
- A record of each farm-raised deer leaving the herd, including all the following:
* Whether the animal died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.
* If the animal was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.
* If the animal died on the premises, the apparent cause of death, the animal's age, and the disposition of the animal's carcass. If the carcass left the premises, the record must identify the carcass destination or recipient.
* If the animal was shipped to slaughter, the animal's age and the name and address of the slaughter establishment.
A copy of all records received from the herd veterinarian related to veterinary services provided to the herd.
Fiscal Estimate
See p. 16, 6/30/02 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See p. 17, 6/30/02 Wis. Adm. Register.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
302.02,
301.03 (2), Stats., the department of corrections proposes the following rules relating to adult field supervision:
Hearing Information
On the following dates, public hearings will be held relating to the permanent proposed rule for ch.
DOC 328 relating to adult field supervision as well as the identical emergency rule effective July 2, 2002:
Date & Time Location
July 29, 2002 Wood County Courthouse
Monday 400 Market Street
9:00 a.m. - 11:00 a.m. Room 210B (Second Floor)
Wisconsin Rapids, WI
July 30, 2002 State Office Building
Tuesday 141 N.W. Barstow Street
9:00 a.m.-11:00 a.m. Room 137 A
Waukesha, WI
The public hearing sites are accessible to people with disabilities.
Analysis Prepared by the Department of Corrections
Pursuant to s.
304.074 (2) Stats., the department has authority to collect “at least $1 per day, if appropriate" from offenders on supervision. However, the current proposed budget reform bill, Assembly Bill 1, directs the department to amend supervision fees and provides, in relevant part, the following:
“...the department of corrections shall promulgate the rules that are required under section
304.074 (5) of the statutes and that set rates under section
304.074 (2) of the statutes. The rules shall take effect on July 1, 2002."
“...the rules shall require the department to have a goal of receiving at least $2 per day, if appropriate, from each person who is on probation, parole, or extended supervision and who is not under administrative supervision, as defined in section
304.74 (1) (a) of the statutes, or minimum supervision, as defined in section
304.74 (1) (b) of the statutes."
The department published an emergency rule on July 2, 2002, in anticipation of the fore-mentioned statutory requirements. This permanent rule proposal follows.
While the language and potential requirements of Assembly Bill 1 doubles the amount the department may collect in supervision fees, the current Adm. Code limits the department's efforts to do so. The current ch.
DOC 328 establishes a set fee schedule with a maximum collection of $45 per month.
This rule:
• Raises the department's supervision fee goal to at least $2 per day, if appropriate, from all offenders under supervision by the department.
• Eliminates the distinction between offenders supervised by the department on administrative and minimum supervision and offenders who are deemed medium, maximum and high risk as it relates to supervision fees. All offenders under supervision by the department will pay, based on their ability, according to one supervision-fee scale.
SECTION 1. DOC 328.043 is repealed.
SECTION 2. DOC 328.045(1) , (2) (intro) and (2)(c) are amended to read:
DOC 328.045 Medium, maximum and high riskOffenders under supervision by the department.
(1)
OFFENDER PAYMENT. An offender on medium supervision as defined under s. DOC 328.04(4) (b) or maximum supervision as defined under s. DOC 328.04(4)(a) or high riskwho is under supervision by the department shall pay a supervision fee.
(2)
SUPERVISION FEE. The department shall set a supervision fee for an offender based on the offender's ability to pay with the goal of receiving at least $1 2 per day, if appropriate, and shall do all of the following:
(c)
Charge a supervision fee according to the following table:
Table DOC 328.045
Category Gross Monthly Income Supervision Fee Maximum Rate
I $0-599.99800.00 $10.0020.00 $30.00
II $600.00 or more801.00-1,500.00 $
30.0040.00 45.00
III $1,501.00 or more $60.00
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
In FY 01 the DOC collected $5,884,800 in supervision fees. This revenue is used to provide a variety of essential Division of Community Corrections (DCC) services including rent, vehicles for home visits, extradition of absconders, and upgrading computers utilized by DCC staff.
According to the new rule, offenders at all supervision levels will pay according to one supervision-fee scale. The new fee schedule will range from $20 to $60 per month depending on an offender's monthly income. DOC may exempt offenders from the fee schedule if the offender meets certain criteria. It is estimated that the new fee schedule will generate an additional $5,884,800 annually in supervision fee revenue. (A full copy of the fiscal estimate may be obtained through the contact person listed below.)
Contact Person
Julie Kane (608) 240-5015
Office of Legal Counsel
P.O. Box 7925
Madison, WI 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than August 5, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Financial Institutions - Division of Securities
NOTICE IS HEREBY GIVEN that pursuant to sections
551.63 (1) and
(2),
551.27 (10),
551.32 (1) (a),
(b),
(c),
(1s),
(4),
(7) and
(8), and
551.33 (6), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4
th Floor Conference Room, at 10:00 a.m. on
Tuesday, August 20, 2002 to consider the adoption, amendment and repeal of rules in connection with its annual review of the administrative rules of the Division of Securities relating to the operation of ch.
551, Stats., the Wisconsin Uniform Securities Law.
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison Wisconsin, 53701.
Analysis Prepared by the Division of Securities
The rulemaking procedures under ch.
227, Stats. are being implemented for the purpose of effectuating the Division's annual review of the Rules of the Division of Securities. The Division's annual rule revision process for 2002 is conducted for the following purposes: (1) Adopting new rules or amending existing rules, relating to the securities broker-dealer, agent, investment adviser, and investment adviser representative licensing provisions, to thereby effectively regulate new securities licensing developments that have occurred in the securities industry and marketplace that require regulatory treatment; (2) Repealing certain now-outdated interim rule provisions (or sections thereof) promulgated in 2001 that, at the time, established deadlines for filing initial and renewal license applications with the Division by investment advisers and investment adviser representatives using the national, electronic database of the Investment Adviser Registration Depository; and (3) Adding several recent or newly-amended North American Securities Administrators Association (“NASAA") securities registration policies to the current list of NASAA securities registration policies contained in existing rule s.
DFI-Sec 3.03 (4), because the disclosure related provisions of such policies may be used by the Division for purposes of reviewing the adequacy of prospectus disclosures in securities registration applications filed with the Division.
A summary of the subject matter and nature of the more significant of the rule revisions follows:
1. Providing for the electronic filing procedure for licensure in Wisconsin of investment adviser representatives using the national, electronic database of the Central Registration Depository made available for use by all states as of March 2002.
2. Creating new subsections under the Licensing Period rules in s.
DFI-Sec 4.07 (2) for securities agents and in s.
DFI-Sec 5.07 (2) for securities agents qualified to perform the functions of an investment adviser representative, relating to the failure to comply with continuing education requirements recently adopted by the National Association of Securities Dealers (“NASD") and national securities exchanges, to provide that a license is not effective if the person's status with the NASD or a national securities exchange is deficient for failure to meet continuing education requirements.
3. Amending the language in a number of existing licensing procedure rules to clarify that initial and renewal licenses of investment advisers remain subject to filing under the Investment Adviser Registration Depository.
4. Repealing certain now-outdated interim rule provisions (or sections thereof) promulgated in 2001 that, at the time, established deadlines for filing initial and renewal license applications with the Division by investment advisers and investment adviser representatives using the national, electronic database of the Investment Adviser Registration Depository.
