Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(DATCP # 09-R-20)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on revisions to Chapter
ATCP 160 relating to County and District Fairs.
Hearing Information
DATCP will hold the public hearing at the time and location shown below.
Date: Tuesday, July 26, 2011
Time: 1:00 P.M. to 4:00 P.M.
Location: Department of Agriculture, Trade and
Consumer Protection
Board Room (1st Floor)
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by
July 10, 2011 by writing to Cindy Rein, Division of Agricultural Market Development, P.O. Box 8911, Madison, WI 53708-8911,
cindy.rein@wisconsin.gov or telephone (608) 224-5116. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Appearances at the Hearing and Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Wednesday,
August 10, 2011 for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, or by email to
linda.merrimanhitchman@wisconsin.gov.
Copies of Proposed Rule
You may obtain free copies of the proposed permanent rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Market Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-5132 or emailing
linda.merrimanhitchman@wisconsin.us. Copies will also be available at the hearing. To view the proposed rule online, go to:
https://health.wisconsin.gov/admrules/public/Home.
Analysis Prepared by Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) provides financial assistance (fair aids) to county and district fairs, pursuant to s.
93.23, Stats. Fair aids are used to fund prizes (premiums) awarded to fair exhibitors. DATCP has adopted rules for the use of fair aids, in consultation with the Wisconsin association of fairs.
This rule updates current rules related to the use of fair aids. Among other things, this rule establishes new and revised entry classes and premium categories, and gives fairs more flexibility to allow new types of youth projects.
Statutes interpreted
Statutory authority
Explanation of Statutory Authority
DATCP has general authority, under section
93.07 (1), Stats., to interpret laws under its jurisdiction.
DATCP has specific authority under 93.23 (1) (a)2., Stats., to adopt rules related to the use of county and district fair aids.
Related rules or statutes
Plain language analysis
Background
DATCP currently provides fair aids to 76 county and district fairs. State aid moneys are used to reimburse fairs for premiums awarded to fair exhibitors. The legislature appropriated $375,500 in general purpose revenue and $20,000 in segregated revenue for fair aids in each year of the FY 2009-11biennium.
Under s.
93.23, Stats., DATCP may reimburse 95% of the first $8,000 in net premiums awarded by a fair, and 70% of all net premiums over $8,000, up to a maximum total reimbursement amount of $10,000. In order to qualify for state aid, fairs must award premiums according to DATCP rules. If combined reimbursement claims from all fairs exceed available appropriations, DATCP reimburses claims on a pro rata basis.
Current rules specify entry classes for county and district fair exhibits. For each entry class, current rules specify uniform premiums for first place to fourth place premium awards. A fair may award higher premiums, but DATCP will pay state aids only on that portion of a premium award that is within the maximum amount specified by rule.
DATCP updates its county and district fair rules periodically, based on recommendations from the Wisconsin association of fairs. Current rules were last updated in 2000.
Rule Overview
This rule does all of the following:
•
Creates new and revised entry classes for some fair exhibits. Changes are designed to keep entry classes current with exhibition trends and needs.
• Revises some current premium amounts. Under current rules and this rule, reimbursable premiums for most exhibits are under $10.00 (higher amounts may be awarded for some exhibits).
• Makes minor organizational and drafting changes to clarify current rules.
Dairy Cattle
This rule does not change current dairy cattle entry classes, except that in the junior fair division it eliminates required distinctions between “grade" and “registered" cattle within certain entry classes. A fair board may establish “grade" and “registered" subclasses within any entry class if it wishes to do so.
Beef Cattle
This rule modifies market beef entry classes in both the open and junior divisions. Under this rule, market beef animals are raised for market and shown by weight. Entry classes are not limited by breed, sex or age, except that this rule includes the following market beef categories based on age:
• “
Feeder calf" (under 17 weeks old). The fair board may create up to 2 “feeder calf" entry classes based on weight.
• “
Market steer or heifer" (at least 17 weeks old). The fair board may create up to 3 “market steer or heifer" entry classes based on weight.
Under this rule, an exhibitor may enter up to 3 market beef animals in all market beef entry classes, and may receive up to 2 premiums in any market beef entry class.
Swine
This rule clarifies, but does not substantially alter, current rule provisions related to market swine entry classes in both the open and junior fair divisions. Under this rule:
•
Market swine are raised for market and shown by weight (entry classes are not limited by breed, sex or age).
•
A fair board may establish up to 3 market swine entry classes, based on weight.
•
An exhibitor may enter up to 3 market swine in all market swine entry classes, and may receive up to 2 premiums in any entry class.
This rule clarifies, but does not substantially alter, the current swine carcass entry class in the junior fair division. This rule clarifies that an exhibitor may enter only one market pig in the swine carcass class, but may enter that same market pig in a market swine class.
Sheep
This rule expands the current sheep department in the open division to include a dairy sheep entry category (that category already exists in the junior fair division). The fair board may create one or more entry classes within the new “dairy sheep" category. This rule specifies premiums for the new category.
This rule clarifies, but does not substantially alter, current rule provisions related to market lamb entry classes in both the open and junior fair divisions. Under this rule:
•
Market lambs are raised for market and shown by weight (entry classes are not limited by breed, sex or age).
•
A fair board may establish up to 3 market lamb entry classes, based on weight.
•
A single exhibitor may enter up to 3 market lambs in all market lamb entry classes, and may receive up to 2 premiums in any entry class.
This rule clarifies shearing standards for sheep exhibited in both the open and junior fair divisions (different standards apply to fleece, meat and other breeds).
Goats
In both the open and junior fair divisions, this rule expands the current dairy goats department to create a more general goats department. Within the goats department, this rule creates dairy goat, meat goat and
other goat entry categories. Within each entry category, this rule specifies allowed entry classes and premiums (this rule clarifies but does not change the current dairy goat entry classes and premiums). This rule eliminates goat department entry classes for pygmy and angora goats (pygmy and angora goats may instead be exhibited as “domesticated exotic animals").
Llamas, Alpacas and Domesticated Exotic Animals
This rule re-names the domesticated exotic animals department as the llamas, alpacas and domesticated exotic animals department, to put more emphasis on llamas and alpacas (which are widely shown at fairs). Under this rule, the exhibitor of a llama or alpaca may win premiums for both exhibitor showmanship and animal performance.
Self-Determined Projects
This rule gives fair boards more flexibility to create special junior fair division entry classes for “self-determined projects" in a wide range of departments. Projects must meet 4-H guidelines or comparable youth organization standards. This rule specifies reimbursable premium amounts for “self-determined projects." Under this rule, a fair board has some flexibility to choose among alternative premium levels (depending, for example, on the department to which the project pertains).
Youth Group Booths, Banners and Scrapbooks
This rule creates, in the junior fair division, a new department of youth group booths, banners and scrapbooks. The fair board may create one or more entry classes within this category. This rule specifies reimbursable premium amounts for the new department.
New Entry Classes in Senior Citizens Division
Within the senior citizens division, this rule authorizes new entry classes related to natural sciences, antiques and clothing.
Other Changes and Clarifications
This rule does all of the following:
•
Retains current language allowing fair boards to charge entry fees or stall rents to exhibitors, but it eliminates current provisions that limit stall rent amounts.
• Clarifies that state aid may not be used to award more than one premium to any exhibitor in any department in the junior fair division, except that:
□ A premium may be awarded to each member of a group that collectively owns and enters a livestock exhibit.
□ An exhibitor may receive a separate premium for showmanship, where specifically allowed by this rule.
□ An exhibitor may receive more than one premium for animals entered in certain market classes, as specifically provided in this rule.
•
Clarifies that, for entry classes based on animal age, the age of an animal is determined as of the first day of the fair.
•
Makes a variety of other editorial changes and clarifications to current rules.
Comparison with federal regulations
There is no federal regulation of, or financial support for, county or district fairs.
Comparison with rules in adjacent states
Illinois:
Illinois appropriates state funds to pay premium aids for county fairs. The 12 largest fairs receive $30,000 in reimbursement for every $45,000 spent on maintenance and rehabilitation; smaller fairs are funded based on a population formula. A 1999 law specified that 66 2/3 cents would be reimbursed for each premium dollar paid in fair-exhibit competition, including 4-H. As of 2009, the actual reimbursement rate dropped below 30 cents as a result of state budget problems. Illinois has rules governing the distribution of premiums.
Iowa:
Iowa allocates state funds to the association of Iowa fairs, which in turn distributes funds to county and local fairs. The association determines funding distributions, subject to Iowa law. To qualify for funding, local fair organizations must own land and buildings worth at least $25,000. They must also report their financial status and the amount of funds spent on fair premiums during the prior year.
Michigan:
Until recently, Michigan paid state aides equal to 66% of the prior year's premiums paid by county fairs. However this funding was eliminated in the 2009-11 biennial budget bill.
Indiana:
Indiana authorizes counties to levy a tax of up to 4 cents on each one hundred dollars valuation of taxable property for support of 4-H clubs, boys and girls clubs and agricultural fairs.
Minnesota:
Minnesota authorizes counties to appropriate funds to county agricultural societies, for the purpose of operating county fairs.
Summary of data and analytical methodologies
This rule was developed in cooperation with the Wisconsin association of fairs, based on information provided by the association. This rule does not rely on any special data or analytical methodologies.
Small Business Impact
This rule will not have any impact on business. Participation in county and district fairs is voluntary. Individual businesses may benefit from winning premiums at county or district fairs, but premium amounts are relatively small and this rule does not substantially affect the likelihood of winning.
Fiscal Estimate
This rule will not affect state costs or revenues. DATCP does not project a significant change in reimbursement requests because of this rule (in any case, fair aids are subject to aggregate appropriation limits). This rule will not affect local government costs or revenues.
Agency Contact Person
Questions and comments (including hearing comments) related to this rule may be directed to:
Linda Merriman Hitchman
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5132
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds proposes an order to revise Chapters
ETF 10,
11,
20,
40,
50,
52,
60, and
70 relating to technical and minor substantive changes in existing ETF administrative rules.
Hearing Information
Date: Monday, July 29, 2011
Time: 1:00 p.m.
Location: Department of Employee Trust Funds
Conference Room GB
801 W. Badger Road
Madison, WI 53713
Appearances at the Hearing
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Submittal of Written Comments
Written comments on the proposed rule may be submitted to David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on July 29, 2011.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 264-6936.
Analysis Prepared by the Department of Employee Trust Funds
Statute(s) interpreted
Sections
40.01 (1),
40.01 (2),
40.02 (48m),
40.03 (1) (j),
40.03 (6) (j),
40.03 (7) (f),
40.03 (8) (f),
40.08 (1m),
40.23 (2m) (em) 1.c.,
40.24 (4),
40.24 (7) (a),
40.63 (1) (d),
40.63 (5),
40.63 (9) (d),
40.65 (2) (b),
40.80 (2g),
54.01 (20),
54.10 (3),
230.35 (4) (f), Stats.
Statutory authority
Explanation of agency authority
By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
There are no other related statutes or administrative rules directly related to this technical rule.
Plain language analysis
The purpose of this rule is to revise existing administrative rules of the Department of Employee Trust Funds, to indicate that many forms required by the department can be obtained from the department's website, to recognize the use of e-mail in communications made and received by the department, to make the notes in the rules consistent, to reflect current practices of the department, and to make other technical changes.
Summary of and preliminary comparison with existing or proposed federal regulation
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s.
40.015, Stats.
Comparison with rules in adjacent states
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
Summary of data and analytical methodologies
The department is proposing this rule to update existing rules and interpretations of existing statutes.
Analysis and supporting documentation used to determine effect on small business
This rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System. Please see attached economic impact analysis.
Small Business Impact
The rule has no effect on small businesses.
Economic Impact
This rule does not have an economic effect on specific businesses, business sectors, public utility ratepayers, local governmental units, and the state's economy as a whole. Because this technical rule does not have an economic impact, ETF has not solicited information and advice from businesses, associations representing businesses, local governmental units, and individuals that may be affected by the proposed rule. For the same reason, ETF has not contacted local governmental units.
The policy problem that the proposed rule is intended to address is to indicate that many forms required by the department can be obtained from the department's website, to recognize the use of e-mail in communications made and received by the department, to make notes in the rules consistent, to reflect current practices of the department, and to make other technical changes. The federal government and the states of Illinois, Iowa, Michigan, and Minnesota periodically make technical changes in their administrative rules.
There is no economic impact of this proposed rule and therefore no implementation and compliance costs reasonably expected to be incurred by or passed along to businesses, local governmental units, and individuals that may be affected by the proposed rule.
The actual and quantifiable benefits of the proposed rule include making it easier for members of the Wisconsin Retirement System to obtain forms required by the department and to communicate with the department by a variety of means. In addition, the notes following existing rules will be consistent in content and appearance. We expect that the proposed rule will be effective in addressing the policy problem noted above.
The alternative of not promulgating the proposed rule would result in the policy problem being ineffectively addressed with a lower level of customer service.
Since the proposed rule does not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the state, the department did not consult with businesses, local governmental units, and individuals that may be affected by the proposed rule when preparing this economic impact analysis.
Fiscal Estimate
The proposed rule has no direct fiscal impact. The proposed rule generates no revenues for any employer. The proposed rule itself has no effect on the fiscal liabilities of any county, city, village, town, school district, technical college district or sewerage. The rule has no state fiscal effect during the current biennium and no fiscal impact on state funds.
Contact Person
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. The e-mail address:
david.nispel@etf.state.wi.us. The telephone number is: (608) 264-6936.
Notice of Rule Making
Without Public Hearing
Justice
NOTICE IS HEREBY GIVEN that pursuant to section
175.35 (2g) (c) and
(2g) (d), Stats., and interpreting section
175.35 (1) (at),
(2g) (c),
(2g) (d), and
(2i), Stats., and according to the procedure set forth in section
227.16 (2) (e), Stats., the Wisconsin Department of Justice will adopt the following rule as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, the Wisconsin Department of Justice is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality that will be affected by the rule; or an association that is representative of a farm, labor, business, or professional group that will be affected by the rule.
The Wisconsin Department of Justice proposes an order to amend section
Jus 10.11 (1), and to create sections
Jus 10.01 (4) (am) and
10.095, relating to firearms restriction records searches.
Submittal of Written Comments
Walter Neverman, Director
Crime Information Bureau
Wisconsin Department of Justice
Post Office Box 2718
Madison WI 53707-2718
Fax: (608) 267-2779
Comments must be received no later than 30 days after the date of publication of this notice.
Analysis Prepared by the Department of Justice
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Wisconsin Department of Justice is directed by section
175.35 (2g) (d), Stats., to promulgate rules relating to background checks for the purchase of handguns so that relevant information concerning firearms restrictions that is received by the department from circuit courts in proceedings under chapters 51 and 55, Stats., is conveyed in a timely manner to the national instant criminal background check system,
28 CFR Part 25. The department is also required by section
175.35 (2i), Stats., to charge a fee for each firearms restriction records search, as defined in section
175.35 (1) (at), Stats. The fee established by the Legislature is currently $13.
Related statute or rule
Plain language analysis
This rule creates a new definitional section,
Jus 10.01 (4) (am), that conforms to section
175.35 (1) (at), Stats. This rule also creates a new provision, Jus 10.095, which authorizes the Wisconsin Department of Justice to maintain a database of information concerning firearms restrictions that is received from circuit courts in proceedings under chs.
51 and
55, Stats., and directs the department to convey relevant information from the database in a timely manner to the national instant criminal background check system,
28 CFR Part 25. This rule also conforms the fee provisions in Jus 10.11 (1) to the fee provisions in section
175.35 (2i), Stats.
Summary of and preliminary comparison with existing or proposed federal regulation
A new provision, Jus 10.095, facilitates the operation of the national instant criminal background check system,
28 CFR Part 25.
Comparison with rules in adjacent states
There are no comparable rules in Illinois, Iowa, Michigan, or Minnesota.
Summary of factual data and analytical methodologies
There is no factual data available. No analytical methodologies were used.
Analysis and supporting documentation used to determine effect on small business
The Legislature sets all fees to be collected by firearms dealers in section
175.35(2i), Stats. This rule does not impose any separate or additional fee and therefore does not have any economic effect on small business.
Small Business Impact
There are no provisions in this rule that have any significant effect on small business.
Fiscal Estimate
State fiscal effect
No effect upon existing revenues.
Increase costs. Additional staff time and additional data processing is required. – May be possible to absorb within agency's budget.
Local government costs
None.
Fund sources affected
None.
Long-range fiscal implications
None known.
Contact Person
Walter Neverman, Director
Crime Information Bureau
Wisconsin Department of Justice
17 West Main Street
Post Office Box 2718
Madison WI 53707-2718
Phone: (608) 266-7314
Text of Proposed Rule
SECTION 1. Jus 10.01 (4) (am) is created to read:
Jus 10.01 (4) (am) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm, as provided in s.
175.35 (1) (at), Stats.
SECTION 2. Jus 10.095 is created to read:
Jus 10.095 Processing of information received from circuit courts under chs. 51 and 55, Stats. (1) (a) The department shall maintain a database that includes:
3. Any identifying information that has been provided by a circuit court to the department under subd. 1. or 2.
(b) The department shall in a timely manner provide relevant information that is added to the database to the national instant criminal background check system,
28 CFR Part 25, in accordance with its procedures.
(2) Except as provided in sub. (1) (b) and s.
175.35 (2g) (c), Stats., the department may not disclose information from the database.
Note: The promulgation of this section is required by s.
175.35 (2g) (d), Stats., as created by
2009 Wisconsin Act 258, sec. 13, which directs the department of justice to promulgate rules to convey in a timely manner to the national instant criminal background check system certain information concerning firearms restrictions that is received from circuit courts in proceedings under chs.
51 and
55, Stats.
SECTION 3.
Jus 10.11(1) is amended to read: The department shall charge a dealer a
$5 fee for each record search the dealer requests under s.
Jus 10.06 (1) (d) as set forth in s.
175.35, Stats. A dealer may collect the
$5 fee from the transferee.
