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Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the 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
(ATCP # 09-R-19)
Revises Chapter ATCP 16, relating to dog sellers an dog facilities. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule will affect persons who operate "animal control facilities," "animal shelters" or "dog breeding facilities" in this state. It will also affect persons who operate as "dog breeders," "dog dealers" or "out-of-state dog dealers" in this state. Under 2009 Wis. Act 90, those persons must be annually licensed and must pay annual license fees as provided in this rule (see above). This rule does not, by itself, increase license requirements or fees (beyond the licensing requirements and fees already created by Act 90).
This rule spells out licensing standards for persons who are required to be licensed under this rule, including standards for the care, transportation and sale of dogs. Many of the persons who are subject to licensing under this rule are already meeting the standards under this rule, but others will incur costs to bring their facilities and practices into compliance with this rule.
Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. The certificate forms cost only $0.60 each (an estimated $44,000 for sellers statewide), but there will be a significant cost for veterinarian services. This could have a significant financial impact on license holders, especially small dog breeders. However, this rule does not add any costs beyond those imposed by Act 90 itself.
The facility requirements in this rule are, for the most part, rudimentary. However, some license holders may need to make significant facility upgrades in order to comply with the standards in this rule and ensure a humane level of care.
This rule requires license holders to keep inventory, identification and health records related to dogs that they keep or sell. Many of the persons affected by this rule already keep such records, but others do not. This rule may impose additional recordkeeping costs on those who do not. Many of the recordkeeping requirements in this rule are also contained (in more general form) in Act 90, so this rule does not add significantly to the costs already imposed by Act 90.
This rule may require some dog sellers to hire additional staff, or hire professional services (especially veterinarian services) to comply with this rule and provide a humane level of care to dogs under their custody or control.
This rule will benefit the dog care and sales industry by establishing basic standards of humane care and fair competition. This rule will also benefit dog buyers by providing greater assurance that dogs are healthy and well-adjusted, and have been humanely treated.
Many of the persons affected by this rule are "small businesses." This rule, like Act 90, exempts animal shelters that keep no more than 25 dogs per year. It also exempts dog breeders and dog dealers who sell no more than 25 dogs a year from no more than 3 litters. But neither Act 90 nor this rule make other significant exemptions for "small business," because many of the most serious animal health and humane problems addressed by Act 90 are found in "small business" settings.
The standards in this rule give affected businesses some flexibility and choices, consistent with the basic requirement of humane care. DATCP may issue licenses on a conditional basis, giving some license holders additional time to bring their operations into full compliance. DATCP may also grant variances for good cause, if the variance does not undermine the purpose of the standard from which the variance is granted.
Summary of Comments by Legislative Review Committees
On January 3, 2011, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Forestry, and Higher Education and to the Assembly Committee on Consumer Protection Personal Privacy. Neither the Senate committee nor the Assembly committee held a hearing or took any action on the rule.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100-149
Creates Chapter Comm 124, relating to the Forward Innovation Fund. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed for small-business applicants because the application process has been simplified so as to not impose unnecessary administrative burdens or other impediments on any business that applies for a corresponding grant or loan.
Although several public-Hearing comments recommended expanding the draft rules to specifically refer to helping woman-owned businesses, the rules were not changed in response because adding any targeting language beyond what is included would have the potential of limiting the flexibility of the Forward Innovation Fund (FIF); thus potentially limiting the Department's ability to award FIF monies across a broad spectrum as intended under subchapter II of chapter 560 of the Statutes.
The rules are not expected to impose significant costs on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue the grants or loans addressed in the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100-149
Revises Chapter Comm 129, relating to tax credits for Angel Investments and Early Stage Seed Investments. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent requirements are not proposed for small businesses because the directing legislation, section 560.205 of the Statutes, does not provide such flexibility.
The rule revisions are not expected to impose significant costs or other adverse impacts on small businesses because the rule revisions only address raising the yearly limits on tax credits for angel investments and for early stage seed investments, and transferring or selling tax credits for early stage seed investments.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100-149
Creates Chapter Comm 139, relating to rural outsourcing grants. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed for small-business applicants because uniform application criteria are expected to result in maximizing the fairness and effectiveness of the allocation of the grants.
The reporting that would be required for businesses which choose to participate in this grant program is essentially the same as the Department currently requires in conjunction with administering other economic development grants – and therefore is not expected to impose any significant new costs on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100-149
Revises Chapter Comm 133, relating to film production accreditation program. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not included for small-business applicants because the directive under which these rules are adopted, in section 560.206 of the Statutes, does not provide such flexibility.
Applicants will need to newly submit verification of (1) purchasing corresponding tangible personal property and other items, property, and goods from Wisconsin-based sources; and (2) spending at least 35 percent of the total budget for an accredited production, in Wisconsin.
The rules are not expected to impose significant costs on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue the tax credits.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100-149
Creates Chapter Comm 135, relating to investment tax credits for food processing plants and food warehouses. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed for small-business applicants because uniform application criteria are expected to result in maximizing the fairness and effectiveness of the allocation of the tax credits.
The rules are not expected to impose significant costs on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for modernization or expansion of food processing plants and food warehouses.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions — Banking
Creates Chapter DFI-Bkg 75, relating to payday lending. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No written comments were received.
Health Services
Community Services, Chs. DHS 30—
Revises Chapter DHS 88, relating to resource center referrals by licensed adult family homes. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule will not have a fiscal effect on businesses.
Summary of Comments by Legislative Review Committees
No written comments were received.
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