•
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.
