Rule-Making Notices (Hearing Notices)

Small Business Impact

Summary

The current potato marketing order is designed to improve the production and marketing of potatoes in this state, for the benefit of potato producers. This rule, initiated at the request of potato producers, is intended to improve the current potato marketing order. This rule must be approved in a referendum of affected producers before it can take effect. Many of the affected producers are “small businesses."

This rule will change the composition and election of the current potato industry board. The changes reflect changes in the geographic distribution of the Wisconsin potato industry. The changes will have little, if any, impact on affected producers.

This rule also authorizes the potato industry board to increase the current potato marketing assessment from a maximum of 6 cents per hundredweight to a maximum of 10 cents per hundredweight of potatoes sold in commercial channels. The board may not increase the actual assessment rate by more than one cent per year.

While the authorized increase may eventually add expense for producers, the added expense will be small. Wisconsin has over 150 farms that produce nearly 23 million hundredweight of potatoes annually. The current marketing assessment is 5 cents per hundredweight. With potatoes currently selling at nearly $25 per hundredweight, the current assessment represents only 2/10ths of 1% of the current market value of potatoes. Even if the potato industry board were to increase the assessment (over a period of at least 5 years) to the maximum 10 cents per hundredweight allowed by this rule, the assessment would still amount to only 4/10 of 1% of potato market value.

Steps to assist small business

Most of the businesses affected by this rule are “small businesses." The rule allows for an increased maximum assessment rate to meet expenses related to operation of the marketing order board. Those expenses are indirectly paid by producers through their assessments. The effect of the increased maximum assessment rate will be to enable the board to have sufficient income to continue research, marketing and education necessary for the business of those affected producers.

Conclusion

This rule will have a minimal impact on individual potato producer expenses or incomes and will generally benefit those producers most of which are small businesses by providing the ability to fund research, marketing and education necessary to the industry. This rule will not have a significant adverse effect on “small business," and is not subject to the delayed “small business" effective date provided in s. 227.22 (2) (e), Stats.

Fiscal Estimate

Summary

This rule will have no significant fiscal impact on DATCP or local government.

State fiscal effect

None

Local government fiscal effect

None

Long-range fiscal implications

Ability to raise the assessment in order to provide the necessary research and market development.

Agency Contact Person

Questions and comments on this rule may be directed to:

Noel Favia, DATCP

PO Box 8911

Madison, WI 53708- 8911

Phone: [phone]

Email: noel.favia@ datcp.state.wi.us.

Notice of Hearing

Commerce

Licenses, Certifications and Registrations, Ch. Comm 5

rulemaking_notices CR 09-021 CR 09-021

NOTICE IS HEREBY GIVEN that pursuant to ss. 145.12 (5) (a) and 145.20 (6) Stats., as affected by 2007 Wisconsin Act 197, the Department of Commerce will hold a public hearing on proposed rules under section Comm 5.12 establishing a schedule of forfeitures for POWTS Governmental Unit Employees.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
April 15, 2009 Wednesday 10:00 AM	Conference Room 3B Thompson Commerce Center 201 West Washington Avenue Madison

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or contact through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Appearances at the Hearing and Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until 4:30 p.m., Thursday, April 23, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.

Copies of Proposed Rules

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or contact through Relay. Copies also will be available at the public hearing.

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 145.12 (5) (a) and 145.20 (6), Stats., as affected by 2007 Wisconsin Act 197

Statutory authority

Sections 145.12 (5) (a) and 145.20 (6), Stats., as affected by 2007 Wisconsin Act 197

Related statute or rule

None

Explanation of agency authority

Section 145.02, Stats., grants the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective standards for Private Onsite Wastewater Treatment Systems (POWTS) including the licensing of individuals to inspect POWTS. Section 145.20, Stats., delineates the responsibilities and duties of governmental units administering and enforcing the laws and rules pertaining to POWTS. Section 145.12 (5) (a), Stats., as affected by 2007 Wisconsin Act 197, authorizes the Department to directly assess forfeitures to governmental unit employees who violate the limitations under s. 145.20, Stats., for POWTS employees that perform work outside of the scope of their governmental unit responsibilities.

Summary of proposed rules

The proposed rules under chapter Comm 5 delineate the procedures for implementing the forfeiture assessments for POWTS governmental unit employees violating the outside employment limitations established under 2007 Wisconsin Act 197. The proposed rules establish a schedule for forfeitures based upon various situations and/or activities. Current rules delineate a process for appealing a forfeiture assessment.

Comparison with federal regulations

There are no known federal regulations or proposed federal regulations that could be compared to the direct forfeiture provision.

Comparison with rules in adjacent states

A search of the rules in adjacent states found that Minnesota, Iowa, Illinois, and Michigan do not have any regulations regarding conflict of interest related to their onsite sewage program governmental unit employees. The comparisons were completed via a web search.

Summary of factual data and analytical methodologies

The proposed rules were developed by reviewing the provisions under ss. 145.12 (5) (a) and 145.20 (6), Stats., as created by 2007 Wisconsin Act 197, as well as existing administrative rules for administrative forfeitures administered by the Department of Commerce.

Analysis and supporting documents used to determine effect on small business

The 2007 Wisconsin Act 197 affects governmental unit employees who administer and enforce regulations pertaining to design, installation and maintenance of POWTS by limiting the activities that such employees may undertake outside of their governmental employment. The proposed rules implement administrative forfeitures authorized under 2007 Wisconsin Act 197 for violations of these limitations.

Small Business Impact

The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.

An economic impact report has not been required pursuant to s. 227.137, Stats.

Initial regulatory flexibility analysis

Types of small businesses that will be affected by the rules:

The 2007 Wisconsin Act 197 affects governmental unit employees who administer and enforce regulations pertaining to design, installation and maintenance of POWTS by limiting the activities that such employees may undertake outside of their governmental employment relative to the design, installation and maintenance of POWTS. The proposed rules implement administrative forfeitures authorized under 2007 Wisconsin Act 197 for violations of these limitations. The proposed rules may to a degree affect POWTS design and/or contract businesses.

Reporting, bookkeeping and other procedures required for compliance with the rules:

There are no reporting or bookkeeping procedures required for compliance with the rules.

Types of professional skills necessary for compliance with the rules:

There are no new types of professional skills necessary for compliance with the rules.

Rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Environmental Impact

The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

State fiscal effect

None.

Local government fiscal effect

None.

Long-range fiscal effect

No long-range fiscal implications are anticipated.

Agency Contact

James Quast

Program Manager

Phone: [phone]

Email: [e-mail]

Notice of Hearing

Insurance

rulemaking_notices CR 09-022 CR 09-022

NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s. 601.41 (3), Stats., and the procedures set forth in s. 227.18, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of rules revising Chapters Ins 2, 5, 6, 26 and 28, Wis. Adm. Code, relating to licensing, prelicensing, and continuing education for insurance agents, and affecting small business.