DATCP Docket: 21-R-02
Clearinghouse Rule:
Preliminary Rule Draft
June 17, 2021
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
PROPOSED ORDER OF THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION ADOPTING RULES
PROPOSED ORDER
An order of the department of agriculture, trade and consumer protection to amend ATCP 160.92 (6) relating to fair organization’s annual financial report.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Explanation of Agency Authority
No fair, association, or board shall receive state aid unless its premium list, entry fees, and charges conform to uniform premium lists and other rules established under subd. 2., both as to premiums offered, amounts to be paid, entry fees to be charge, and all other charges for exhibiting.
In order to have a more equitable distribution of state aid among fairs and to effect wider participation and interest by the public in exhibits, the department may prescribe uniform premium lists setting forth classes of exhibits which will be approved for the purposes of state aid, premium awards in such classes and entry qualifications, fees and charges for exhibitors. All fairs shall receive aid in the same manner, except that an entity operating a fair may impose restrictions on the total number of fairs at which an exhibitor may participate in order to be eligible for premium awards for exhibits at that fair. [s. 93.23 (1) (a) 1.b. and 2., Stats.] Related Statutes and Rules
Plain Language Analysis
The Department identified s. ATCP 160.92 (6) as an obsolete or unnecessary rule in the report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats. Section ATCP 160.92 (6) contains a provision requiring a copy of the fair organization’s annual financial report as published in the newspaper to be submitted to the Department. 2015 Wisconsin Act 207 repealed the requirement for a fair organization to publish a financial statement as a class I notice [s. 93.23 (1) (d), Stats. (2013)]. This rule removes the obsolete provision within s. ATCP 160.92 (6). Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
None
Summary of Public Comments Received on Statement of Scope and a Description of How and To What Extent Those Comments and Feedback Were Taken Into Account in Drafting the Proposed Rule
The Department held a preliminary public hearing on the Statement of Scope on March 25, 2021 and accepted public comments until April 1, 2021. No one testified or submitted written comments.
Comparison with Rules in Adjacent States
Illinois In Illinois, county and district fairs are not required to publish a financial statement. [Ill. Admin. Code tit. 8 s. 260.100 and 260.537] Iowa In Iowa, a fair is required to annually publish in one newspaper of the county a financial statement of receipts and disbursements for the current year. [Title V IAC 174.8]
Michigan In Michigan, fairs are not required to publish a financial statement. [Mich. Admin. Code, R 285.805.4]
Minnesota In Minnesota, fairs are not required to publish a financial statement. [Minn. Stat. 38.04]
Summary of Factual Data and Analytical Methodologies
