Proposed Changes
Increased Assessment
This rule increases the assessment paid by “affected producers" under the corn marketing order, from 1/10th of one cent per bushel (current assessment) to 1/2 cent per bushel (proposed assessment).
Producers Subject to Assessment
This rule changes the basis on which assessments are collected, and changes the set of producers who are subject to assessment. Under this rule, an “affected producer" must pay an assessment on corn that the producer sells in this state, regardless of where the corn is grown. As a result of this change, a producer who grows corn in this state for sale in another state will no longer pay assessments on that corn. A producer who grows corn in another state, for sale in this state, will for the first time pay assessments on that corn.
Exemptions
Current rules exempt some corn from assessment. This rule retains and clarifies the current exemptions. Under this rule, an affected producer is not required to pay assessments on any of the following:
• Corn that the producer produces for his or her own use (does not sell).
• Corn sold for seed.
• Corn sold directly to a buyer, other than a grain dealer who is required to be licensed under ch.
126, Stats., who uses the corn to feed the buyer's own livestock.
Handler Obligations
Under this rule, handlers in this state must collect assessments on grain that the handlers purchase in this state from in-state or out-of-state producers, and must remit those assessments to the marketing board on behalf of those affected producers. This rule clarifies that the handler's obligation to the marketing board accrues when the handler takes title to the grain, regardless of the date of grain pricing or payment, and regardless of the form in which the handler pays the affected producer for the grain.
Under this rule, as under the current rule, the handler must pay an assessment to the marketing board within 15 days after the end of the month in which the handler's obligation to the marketing board accrues. Under this rule, as under the current rule, DATCP or the marketing board may require the handler to provide relevant records and reports to DATCP or the marketing board.
Under this rule, as under the current rule, a handler must report to an affected producer each assessment that the handler collects from that producer. Handlers typically include these reports in their grain transaction settlement statements to producers. This rule clarifies that a handler who reports assessments as part of the normal settlement reporting process is not required to provide a separate annual statement to an affected producer.
Marketing Board Elections
This rule changes voter eligibility requirements in marketing board elections, to correspond with changes in marketing order coverage. Under this rule, all producers who are required to pay assessments to the marketing board will be eligible to vote in marketing board elections. Thus, in-state and out-of-state producers who pay assessments on corn that they sell in this state will be eligible to vote in marketing board elections, and run for election to the marketing board. Producers who grow corn in this state, but sell all of their corn in other states, will no longer pay assessments as “affected producers" and hence will not be eligible to participate in marketing board elections.
Under this rule, an “affected producer" may vote or run for election in a marketing board district in which the producer resides or, if the “affected producer" resides outside this state, in a district where the “affected producer" sells corn in this state. An out-of-state producer who sells corn in more than one district in this state may vote and run for election in only one of those districts.
This rule clarifies, per current provisions of ch.
ATCP 140, Wis. Adm. Code, that the marketing board may reapportion districts only with the approval of DATCP secretary. This rule clarifies, but does not substantially alter, other procedures for nominating, electing and ensuring the eligibility of marketing board members.
Fiscal Estimate
This rule would have no fiscal impact on DATCP or local units of government, beyond the estimated $24,000 cost of adopting the rule. The Wisconsin Corn Promotion Board (CPB) would reimburse this cost.
This rule would increase revenues to the Wisconsin Corn Promotion Board (CPB). The CPB currently collects approximately $183,000 per year in producer assessments. Under this rule, CPB would collect approximately $915,000 per year in producer assessments.
Initial Regulatory Flexibility Analysis
This rule would affect approximately 23,000 corn producers, and approximately 300 handlers who collect and remit marketing order assessments on behalf of corn producers. Many of these producers and handlers are “small businesses."
This rule would increase producer assessments, from an average current assessment of approximately $8 per producer per year to an average proposed assessment of approximately $40 per producer per year. Actual assessment amounts would vary by producer. Some producers who currently pay assessments would no longer pay assessments under this rule (producers who grow corn in this state but sell all of their corn out-of-state). Other producers would pay assessments for the first time under this rule (out-of-state producers who sell corn in this state).
This rule must be approved in a referendum of affected producers. Producers who are affected either by the current rule, or by the proposed rule, will be allowed to vote in the referendum. As under the current rule, any producer who pays assessments under the proposed rule would have the option of demanding a refund of those assessments from the CPB. The CPB would be required to refund producer assessments upon demand, as under the current rule.
This rule would not have a large impact on handlers, although the change in rule coverage could require some handlers to collect and remit assessments for a slightly different set of producers. This could require some initial adjustment in billing and recordkeeping operations.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in Wis. Stat. ss.
15.08 (5) (b),
227.11 (2), and
443.10, and interpreting s.
442.10, 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 repeal and recreate s.
A-E 4.09 as relating to specific application documentation for applicants by comity and applicants for initial licensure.
Hearing Date, Time and Location
Date: November 14, 2003
Time: 9:30 A.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 November 24, 2003, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: s.
443.10.
Current rules define contents of applications for licensure. Section
A-E 4.09 provides that applications for licensure will include specific information and documentation that will verify the applicant's education, experience and training. The current rules do not provide specific application requirements for different types of applicants. For example, applications for original licensure now require the same documentation as applications by comity. Because applicants by comity are already licensed and practicing in another state, the documentation needed by the board to determine their eligibility for licensure in Wisconsin is not the same as that needed for an applicant for initial licensure.
TEXT OF RULE
SECTION 1 A-E 4.09 is repealed and recreated to read:
A-E 4.09 Application contents. (1) An application for original licensure shall include all of the following:
(a) Transcripts or apprenticeship records verifying the applicant's education and training.
(b) References from at least 5 individuals having personal knowledge of the applicant's experience in professional engineering, 3 of whom are registered professional engineers.
(c) A chronological history of the applicant's employment.
(d) Any additional data, exhibits or references showing the extent and quality of the applicant's experience that may be required by the professional engineer section.
(2) An application for licensure by comity from another state shall include all of the following:
(a) Verification of licensure submitted directly from all states, territories or provinces of Canada where the applicant is or has been licensed, including a statement regarding any disciplinary actions taken.
(b) Any additional data, exhibits or references showing the extent and quality of the applicant's experience that may be required by the professional engineer section.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
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.
Notice of Hearing
Commerce
(Uniform Dwelling Code, Chs.
Comm 20-
25)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.63 (1),
101.64 (3),
101.72 and
101.74 Stats., the Department of Commerce will hold a public hearing on proposed rules relating to Exiting from Small Dwellings and Rail Spindle Spacing.
The public hearing will be held as follows:
Tuesday, October 28, 2003 @ 10:00 AM
Tommy G. Thompson Commerce Center
Conference Room 3C (Third Floor)
201 West Washington Avenue, Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, November 14, 2003, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Duane Hubeler, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
dhubeler@commerce.state.wi.us
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis of Proposed Rules
Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish standards for the construction of 1- and 2-family dwellings. During the last biennial review of these rules, the department developed a proposal to decrease the maximum open space between rail spindles on stairways and other elevated areas such that a 4-inch sphere cannot fit through to be in agreement with national standards as specified under s.
101.63 (1). At the request of the Chair of the Assembly Committee on Housing, the Commerce Secretary withdrew that proposal pending further study by the Uniform Dwelling Code Council. After studying additional cost and safety data, the UDC Council unanimously reaffirmed its recommendation to adopt these rules.
Also during the last review, the department developed less stringent rules for exiting from small dwellings. After implementation, the department became aware that the size threshold had been set too low for many cabins located at campgrounds. The department believes the size threshold should be increased to avoid imposing a burden on such cabins. The department believes this change will not adversely affect safety in those dwellings.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Fiscal Estimate
The proposed rule change will have an effect on two specific areas of dwelling design. Both issues are covered under the current code but with different dimensions. There will be no impact on municipal inspections and no fiscal impact on any unit of government.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Home builders and campgrounds will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or other similar procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with the rules.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Notice of Hearing
Health and Family Services
(Management and Technology and Strategic Finance– Chs.
HFS 1—)
