CR 21-060 Rule Text

Section 93.23, Stats and ch. ATCP 160

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annual financial report as published in the newspaper to be submitted to the Department. 2015 Wisconsin Act 207 repealed the requirement for a fair organization to publish a financial statement as a class I notice [s. 93.23 (1) (d), Stats.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

The Department reviewed ch. ATCP 160 and 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. This rule repeals the provision in the s. ATCP 160.92 which is obsolete.

Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

The rule was posted on the Department’s website for economic comments for 14 days and none were received. This proposed rule removes an obsolete provision.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

This proposed rule does not have an economic impact on small business, as defined in s. 227.114 (1), Stats.

The Department’s Regulatory Review Coordinator may be contacted by:

Email at [e-mail]

Telephone at [phone]

The Regulatory Flexibility Analysis is attached.

Department Contact Person

Sharon Henes, Program and Policy Analyst - Advanced

Division of Agricultural Development

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

[phone]

[e-mail]

Place Where Comments are to Be Submitted and Deadline for Submission:

Comments must be received on or before September 2, 2021 to be included in the record of rule-making proceedings. Submit comments:

By mail to:

Sharon Henes, Program and Policy Analyst - Advanced

Division of Agricultural Development

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

By email to: [e-mail]

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TEXT OF RULE

Section 1. ATCP 160.92 (6) is amended to read:

ATCP 160.92 (6) A copy of a financial report as published in a newspaper of general circulation in the county in which the fair was held shall be submitted to the department prior to December 31st of the year in which the fair was held. The financial statement shall include all receipts, disbursements, accounts receivable and accounts payable in connection with the operation of the fair, and shall show the financial condition of the fair organization before and after the fair.

Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)

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Dated this 9th day of July, 2021.

WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION