Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the September 30, 2004, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 03-121)
An order affecting chs.
ATCP 10 to
12, relating to captive wildlife and animal health.
Effective 10-1-04 and 1-1-05.
Summary of Final Regulatory Flexibility Analysis
This rule adds regulatory requirements for some businesses, but these requirements are necessary for animal disease control and not expected to impose an undue burden. The new Captive Wildlife Law mandates some of the requirements.
In some cases, this rule gives affected businesses wider latitude to choose a preferred method of compliance. This rule will benefit affected businesses by clarifying regulatory requirements, and coordinating DATCP and DNR regulation.
This rule imposes new fees related to deer hunting preserves. The new fee ($150 for a 10-year hunting preserve certificate) is modest, and is needed to defray costs of providing inspections newly mandated by the Legislature. This rule requires deer farm operators, including hunting preserve operators, to identify dead animals with "dead tags" purchased at cost from DATCP. The "dead tags" are needed for disease control and traceback, including chronic wasting disease control.
This rule codifies, but does not increase, current fees for poultry and farm-raised game bird operators that wish to participate in the National Poultry Improvement Plan. The fees are modest ($20-200, depending on flock size and type), and merely cover DATCP's cost to provide inspections and services required under the National Poultry Improvement Plan.
The rule expands current regulation of livestock truckers, dealers and markets to include entities that handle wild animals. This change was mandated by the Legislature. The change could have a substantial impact on wild animal markets, dealers and truckers, which will now have to comply with the same regulations that apply to livestock markets, dealers and truckers. However, DATCP does not believe that many “small businesses" will be affected.
This rule will require health certificates (certificates of veterinary inspection) for the import of certain animals that can now be imported without a certificate. This rule also requires persons importing wild animals to obtain a permit for DATCP (there is no charge for the permit). The new import requirements are consistent with current requirements for livestock, are needed to control serious diseases that may be spread by these animals, and which are not adequately addressed by current import controls.
This rule will add some record keeping requirements, especially for deer hunting preserves, wild animal markets, and wild animal dealers and truckers.
Summary of Comments by Legislative Review Committees
On June 28 , 2004, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture Financial Institutions and Insurance, and to the Assembly Committee on Natural Resources. Neither the Assembly Committee on Natural Resources nor the Senate Committee on Agriculture, Financial Institutions and Insurance took any action on the rule during their review period.
Agriculture, Trade and Consumer Protection
(
CR 04-030)
An order affecting chs.
ATCP 99,
100 and
101, relating to agricultural producer security. Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
Rule Description
The Wisconsin department of agriculture, trade and consumer protection ("DATCP") currently administers an agricultural producer security program under ch.
126, Stats. ("producer security law"). This program is designed to protect agricultural producers from catastrophic financial defaults by grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (“contractors") who procure agricultural commodities from producers. Among other things, the law requires most contractors to pay assessments to an agricultural producer security fund.
This rule does all of the following:
•
Authorizes a partial refund of contractor assessments that are drastically inflated by a temporary change in financial condition caused by a merger or acquisition.
•
Authorizes an assessment reduction for 6 large contractors who (unlike most other contractors) are required to maintain individual security (bonds or letters of credit) with DATCP.
•
Updates the disclosures that contractors must give agricultural producers under current rules. The updates are needed to accommodate recent law changes under
2003 Wis. Act 38.
•
Clarifies that grain dealers and warehouse keepers may provide grain purchase and deposit receipts (required by current law) in electronic form, provided that the recipient can retrieve, store and print the receipt for future reference.
Small Businesses Affected by this Rule
A “small business," as defined in s.
227.114 (1) (a), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full time employees or which has gross annual sales of less than $2,500,000.
There are roughly 750 licensed contractors. They range in size from international corporations to “small businesses".
Effects on Small Business
It is unlikely that the provisions relating to partial refunds and reductions of contractor assessments will have any direct effect on small businesses. These provisions are more likely to effect large companies.
This rule updates current disclosure requirements (per recent law changes), but the updated disclosure requirements only apply to contractors who purchase (or store) more than $18,000,000 of grain, milk or vegetables. It is very unlikely that any “small businesses" would be affected by this provision.
This rule also clarifies that grain dealers and warehouse keepers may provide grain purchase and deposit receipts (required by current law) in electronic form. This provision may provide some benefit to small businesses by enabling them to choose what may be a lower cost form of providing receipts.
Summary of Comments by Legislative Review Committees
On June 30, 2004, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform and to the Assembly Committee on Agriculture. Neither the Assembly Committee on Agriculture nor the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform took any action on the rule during their review period.
An order affecting ch.
NR 400 series, relating to the control of mercury emissions to address the atmospheric deposition of mercury.
Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
Small business will not be directly affected by the proposed rules. The requirements are anticipated to only apply to large businesses.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 13, 2003, a joint hearing was held on the proposed rule. As a result of that hearing, the Assembly Committee on Natural Resources asked the Department to consider modifications to proposed rule. The Senate Committee on Environment and Natural Resources also asked for modifications specifically including the ability for utilities to achieve an 80% reduction by 2015 with current available technology, the potential for duplication when a federal mercury emission standard is implemented, and the exclusion of a comprehensive emissions credits trading and banking program.
At their June 25, 2004 meeting, the Natural Resources Board adopted modifications that addressed the committees concerns, as well as technical changes that modified the period for the sampling of fuel mercury content required for determining the baseline from the calendar year of 2004 to the 12 months following rule promulgation, included a note following the rule provisions relating to multi-pollutant reduction alternatives to reference Environmental Cooperative Agreements as a potential basis for a multi-pollutant reduction alternative, added section 111 to the federal regulations that would be included in a reconciliation report and modified the periodic evaluation and reconciliation report provisions of the rule to include the legislative standing committees as recipients of the reports, providing the committees with an opportunity to monitor the rule's implementation and the appropriateness of the Department's response to mercury control technology developments.
An order affecting ch.
NR 2, relating to department procedures for administrative hearings. Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
Fewer than 50 contested case hearings are conducted yearly, many of which have no participation by small businesses. The rule is not expected to meaningfully increase the cost of participation in contested case hearings.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. The Assembly Committee on Natural Resources held a public hearing on October 9, 2002 and requested modifications. The Natural Resources Board agreed to delete the proposal to limit the number of written interrogatories and the length of depositions during discovery proceedings prior to administrative hearings.
An order affecting chs.
NR 10 and
15, relating to hunting and trapping regulation changes.
Effective 11-1-04 and 4-1-05.
Summary of Final Regulatory Flexibility Analysis
These revisions pertain to rules relating to hunting, trapping and wildlife refuges. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, a final regulatory flexibility analysis was not required.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On June 30, 2004, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments as a result of this hearing.
An order affecting ch.
NR 50, relating to the snowmobile trail grant program. Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small businesses; therefore, a final regulatory flexibility analysis was not required.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Tourism and the Senate Committee on Environment and Natural Resources. There were no comments.
An order affecting ch.
NR 168, relating to the administration of the brownfield site assessment grant program. Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
This rule describes the administrative requirements for a grant program for local governments. This is not a regulatory program and the department does not expect any impact on small businesses.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On June 30, 2004, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments as a result of this hearing.
An order affecting chs.
NR 1,
10 and
12, relating to hunting and trapping.
Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
The revisions pertain to rules that relate to hunting and trapping. These rules are applicable to individual sportspersons. Therefore, a final regulatory flexibility analysis was not required.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. There were no comments received by the Department.
An order affecting ch.
PI 36, relating to public school inter-district open enrollment.
Effective 10-1-04.
Summary of Final Regulatory Flexibility Analysis
There is no impact on small business.
