The Wisconsin Department of Revenue finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
1995 Wis. Act 27, published July 28, 1995, changes the way agricultural land is valued for property tax purposes. Under the law, the assessed value of each parcel of agricultural land in 1996 is the same as the assessed value of that parcel in 1995. Buildings and improvements to agricultural land continue to be assessed at their full market value.
Since 1995 Wis. Act 27 affects assessments as of January 1, 1996, an emergency rule is necessary for the efficient and timely assessment of agricultural land in 1996.
In particular, the rule addresses the following needs:
- repealing obsolete terms defined by rule
- defining the terms “land devoted primarily to agricultural use”, “other”, and “parcel of agricultural land”
- providing instructions for assessing “agricultural land” and “other” land classifications in 1996.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of the rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
December 6, 1995
Effective Date:
December 6, 1995
Expiration Date:
May 5, 1996
Hearing Date:
January 25, 1996
Extension Through:
July 3, 1996
EMERGENCY RULES NOW IN EFFECT (2)
Department of Transportation
1. Rule was adopted amending s. Trans 6.04 (1) (e), relating to the administration of the federal section 18 program.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is that without a Governor's certification that the intercity bus service needs of the state are being adequately met, many small urban and rural transit systems will see sharp, unplanned reductions in the amount of financial assistance they receive in 1996. These cuts may result in service reductions, fare increases and the need for local governments to cover a higher share of operating losses than has been budgeted.
Publication Date:
March 13, 1996
Effective Date:
March 13, 1996
Expiration Date:
August 10, 1996
Hearing Date:
April 17, 1996
2. Rules adopted creating Ch. Trans 258, relating to seed potato overweight permits.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety and welfare. Although the Department will pursue promulgation of this rule through normal procedure, the Department finds an emergency exists for the following reasons: (1) seed potatoes are transported to market between late February and April. Promulgation of an administrative rule through the normal process would not be timely for this planting season; (2) the Department believes the Legislature intended the provisions of 1995 Wis. Act 163 to be effective during this spring planting season. In order to promulgate rules in time for this spring growing season, this emergency process must be employed. The statute does not specify truck configurations, such as trailer length, axle spacing and weight distribution, but delegates responsibility to the Department. Without specified configurations vehicles that will impose damage to the roadway will be eligible for permits; and (3) the statute confers authority to identify an alternate route through rule but does not specify the alternate route. A suitable alternate route should be in place prior to the issuance of permits to allow diversion of permitted loads if any of the low weight bridges along the primary route manifests overstress. Closure of any of those bridges would substantially impede movement of other legal weight traffic in an area with few alternate routes.
Publication Date:
April 3, 1996
Effective Date:
April 3, 1996
Expiration Date:
August 31, 1996
Hearing Date:
May 13, 1996
Statements of Scope of Proposed Rules
Scope of Proposed Rule
Agriculture, Trade & Consumer Protection
The Department of Agriculture, Trade and Consumer Protection gives notice, pursuant to s. 227.135, Stats., that it proposes to modify an administrative rule.
SUBJECT
Animal Health: Paratuberculosis (Johne's Disease) and Other Disease Control Programs
Administrative Code Reference
(Chs. ATCP 10, 11 and 12)
DESCRIPTION OF POLICY ISSUES
Preliminary Objectives
○ Modify Wisconsin's current program for controlling paratuberculosis (Johne's disease) in cattle. Amend current rules so that dairy farmers have more incentive to test for Johne's disease and take control measures if disease is detected.
○ Implement Assembly Bill 483, related to indemnities paid to owners of animals condemned for disease control purposes. The Legislature recently passed the indemnities legislation, which the Department must implement by rule as soon as possible. If the Governor vetoes all or part of the legislation, the Department will modify its rule proposal accordingly.
○ Make other minor changes to update and clarify current rules, incorporate federal law changes, and improve program operations.
Preliminary Policy Analysis
Paratuberculosis (Johne's Disease)
Paratuberculosis (Johne's disease) is an insidious and eventually fatal disease of cattle and other ruminants. Johne's disease has become a widespread problem in Wisconsin dairy herds. Young animals may become infected in utero, or by ingesting disease organisms shed by other animals (e.g., in milk or manure). Infected animals normally do not show clinical symptoms until they are 18 months to 10 years old. However, animals without apparent symptoms can spread the disease to their young or to other animals in the herd. A herd may become infected when the herd owner introduces infected, but seemingly healthy, animals to the herd.
Extensive herd testing, followed by limited culling and careful herd management, is necessary to control Johne's disease. Many Wisconsin dairy producers are not testing their herds for Johne's disease, nor are they managing their herds to prevent or control the disease. Many herd owners are reluctant to test for fear that a disease finding may reduce the value of their herd. However, sales of infected animals will continue to spread the disease.
Under s. 95.195, Wis. Stats., a seller of cattle impliedly warrants that the cattle are free of Johne's disease unless the seller does one of the following (the seller may choose either option):
○ Notifies the buyer in writing, prior to the sale, that the cattle are not warranted as being free of Johne's disease.
○ Tests the herd of origin according to Department rules and discloses the results. (Herd testing is necessary because testing of individual animals is not reliable.)
Many sellers are merely giving a warranty disclaimer (the first option), rather than testing the herd of origin (the 2nd option). The Department proposes to modify its current testing rules so that more sellers will choose the testing option. More testing would result in better disease control. It would also provide a greater pool of tested herds from which buyers could purchase with greater confidence.
The Department proposes to offer a simplified testing alternative which would demand fewer repetitive herd tests. This would provide less assurance that the tested herd is actually free of Johne's disease, but it would be preferable to no testing. The Department has not yet determined a specific test protocol, nor has it decided how sellers should disclose the test results to prospective buyers. On these issues, the Department will be seeking input from interested persons, organizations and veterinary medical experts.
Indemnities Legislation
The Legislature recently passed Assembly Bill 483, related to indemnities paid to owners of livestock condemned for disease control purposes. This legislation identifies the general types and amounts of indemnities which the Department must pay; however, the Department must adopt rules implementing AB 483, including the methods used to determine the value of certain condemned animals. The Department must begin immediately to develop the implementing rules. If the Governor vetoes all or part of the legislation, the Department will modify its rule proposal accordingly.
Other Rule Changes
The Department proposes to make a number of minor rule changes to update and clarify current rules, incorporate federal law changes, and improve program operations. These rule changes will involve nonsubstantive technical changes, or minor policy changes.
Policy Alternatives
○ Do nothing. Current low levels of testing for Johne's disease would continue, and the disease would continue to be a major source of mortality and reduced productivity for Wisconsin's dairy industry. Animal health administrative rules would be inconsistent with federal regulations, and minor changes which could clarify existing rules or improve current programs would not be made. Legislative initiatives would not be fully implemented.
○ Make more radical changes to Johne's disease control program, e.g., by eliminating a seller's option of disclaiming the implied warranty that cattle are free of Johne's disease. This would mean that all cattle would be sold subject to an implied warranty unless the herd of origin was tested and the test results were disclosed to the buyer. This would require a statutory change.
STATUTORY AUTHORITY
The Department proposes to develop animal health rules under authority of ss. 93.07 (1) and 95.195 (2). The rules would interpret chapter 95, Stats., and other applicable laws administered by the Department.
STAFF TIME REQUIRED
The Department estimates that it will use approximately .5 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions, and communicating with affected persons and groups. The Department believes that, in the long run, the rule will save staff time and increase program efficiency. The Department will assign existing staff to develop this rule.
Scope of Proposed Rule
Agriculture, Trade & Consumer Protection
The Department of Agriculture, Trade and Consumer Protection gives notice, pursuant to s. 227.135, Stats., that it proposes to modify an administrative rule.
SUBJECT
Plant Inspection and Pest Control; Potato Late Blight
Administrative Code Reference
Ch. ATCP 21, Wis. Adm. Code (Existing)
DESCRIPTION OF POLICY ISSUES
Preliminary Objectives
Manage a serious plant disease which poses an imminent threat to Wisconsin's potato industry. This rule would require potato growers to follow certain practices which are needed to control the spread of the disease.
Preliminary Policy Analysis
In recent years, new forms of the highly virulent “Irish potato famine” fungus, Phytophthora infestans, have caused increasingly devastating losses to potato growers in the United States and Canada. The fungus causes a disease of potato plants which is commonly known as “late blight.”
The National Association of State Departments of Agriculture reports that late blight epidemics in 1992, 1993 and 1994 were the worst in decades, and that some individual farm losses have amounted to hundreds of thousands of dollars in a single year. The University of Wisconsin estimates that Wisconsin growers lost up to $10 million in 1994 and $6 million in 1995 due to late blight.
The potato industry is one of Wisconsin's most important agricultural industries. In 1995, Wisconsin was the 3rd leading state in the nation in potato production. Cash receipts to Wisconsin potato growers totalled over $150 million in 1995. Potatoes are an important food source for the people of Wisconsin and other states. Potato production also supports important processing and distribution industries in Wisconsin. The uncontrolled spread of late blight would have a devastating impact on Wisconsin potato growers, and would seriously affect the public health, safety and welfare.
Late blight appears on potato plant leaves, stems and tubers. It causes foliar lesions which are followed by severe defoliation in wet weather. It can also reduce marketable yield by directly infecting and rotting potato tubers. Once late blight appears, it spreads rapidly and can cause total crop loss.
Late blight fungal spores can be spread by many things, including wind, rain, machinery, workers, wildlife and infected seed potatoes. The University of Wisconsin reports that spores can be transported over 25 miles by storms.
There are very few registered fungicides in the United States that are effective in controlling the new forms of late blight fungus. Because of the lack of registered fungicides, and the ease with which the late blight fungus spreads, potato growers must mitigate the spread of the disease by removing sources of the overwintering inoculum. Among other things, potato growers must properly dispose of potato cull piles and “volunteer” potato plants which germinate from waste potatoes.
A failure by individual potato growers to implement necessary cultural practices to mitigate the spread of late blight will have a potentially devastating impact on other growers, and on the Wisconsin potato industry as a whole.
In order to ensure that growers take adequate steps to mitigate the spread of late blight, it is necessary to adopt rules that spell out critical practices and establish sanctions for growers who fail to comply. Among other things, this rule would require potato growers to eliminate “cull piles” by May 20th of each year.
Policy Alternatives
○ Do nothing. This could increase the possibility of the late blight disease spreading before the Department is informed of problems at a specific site. It is more difficult to control the disease after it has already spread to an identified site.
○ The Department could increase field inspections to find problems, but this effort would be limited by the lack of field staff resources. The Department is currently working with growers and asking them to help identify problems so that field staff can target their efforts.
