Summary of, and comparison with, existing or proposed federal regulations
USDA administers the following federal laws:
•The federal seed act (
7 USC 1551 et. seq.). Under the federal seed act, seed shipped in interstate commerce must be labeled with information that allows seed buyers to make informed choices. Label information must be truthful.
•
The federal plant variety protection act (
7 U.S.C. 2321 et seq.). Under the plant variety protection act, a plant breeder may obtain a certificate of plant variety protection (similar to a patent) for a new plant variety that meets certain criteria.
This rule is consistent with these federal laws.
Comparison with rules in adjacent states
Most states, and all of the states surrounding Wisconsin, have adopted seed labeling and testing standards that are similar to the standards under this rule.
Data and analytical methodologies
DATCP consulted with DNR, the university of Wisconsin–extension, and AOSA, Inc. (the association of official seed analysts) to develop the standards in this rule. DATCP also consulted with an advisory committee that included Wisconsin seed industry representatives and seed purchasers.
Standards Incorporated by Reference
This emergency rule incorporates, by reference, seed testing standards published by AOSA, Inc. (the association of official seed analysts). DATCP has requested the attorney general's permission to incorporate these standards by reference. Copies of the standards are on file with DATCP and the legislative reference bureau, and may be obtained from AOSA, Inc.
Small Business Impact
This rule will promote fair competition in the seed industry, for the benefit of seed businesses and seed purchasers. It will update obsolete seed standards, and will ensure that all seed labelers use the same standards for seed labeling and analysis. It will facilitate interstate commerce by making Wisconsin standards more consistent with current standards used by the United States department of agriculture (“USDA") and other states. This rule will not have any significant adverse impact on affected businesses.
If you have comments or concerns relating to small business impact, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email at
Keeley.Moll@wisconsin.gov or by telephone at (608) 224-5039.
Environmental Impact
This rule will protect the environment by helping to prevent the spread of certain noxious weed seeds. Other parts of the rule will have no environmental impact.
Fiscal Estimate
This rule will have no fiscal impact on state or local government. This rule incorporates, without change, seed labeler license fees set by s.
94.43, Stats.
Agency Contact Person
Questions and comments related to this rule, including hearing comments, may be directed to:
Greg Helmbrecht
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4596
Notice of Hearings
(Without Public Hearing)
Health Services
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2) (a), Stats., and interpreting section
227.11 (2) (a), Stats., and according to the procedure set forth in section
227.16 (2) (e), Stats., the Department of Health Services will adopt the following rules revising Chapter
DHS 1, relating to status and retention period for records of clients who have unpaid liability to the Department or counties as proposed in this notice, without public hearing unless, on or before
February 1, 2011, the Department of Health Services is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group that will be affected by the rule:
Submittal of Written Comments
Comments may be submitted until February 1, 2011 to:
Troy K. Kitzrow
Supervisor, Billing and Collections
Bureau of Fiscal Services
Division of Enterprise Services
Department of Health Services
1 West Wilson Street; Room 750
Madison, WI 53707
608-261-5984
Analysis by Department of Human Services
Statute(s) interpreted
Statutory authority
Explanation of statutory authority
Section
227.11 (2) (a), Stats., allows agencies to promulgate rules interpreting the provision of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related rule(s) or statute(s)
Plain language analysis
In this order, the Department proposes to promote uniformity and cost savings by revising the status and retention period for records of clients who have unpaid liability to the Department or counties. The changes include repealing and recreating rules to more clearly state when a client record may be closed. The changes also include reducing the retention period for closed inpatient mental health records under s.
DHS 1.06 (3) (e) from 10 years to 5 years. The current rules are confusing for Department and county staff and have led to different interpretations. The proposed changes may decrease costs and should increase uniformity and accountability for counties and the Department.
Summary of, and comparison with, existing or proposed federal regulations
There appear to be no existing proposed federal regulations that are the same or similar to the proposed rules.
Comparison with rules in adjacent states
Illinois:
There appear to be no administrative rules that are the same or similar to the proposed rules.
Iowa: There appear to be no administrative rules that are the same or similar to the proposed rules.
Michigan: There appear to be no administrative rules that are the same or similar to the proposed rules.
Minnesota: There appear to be no administrative rules that are the same or similar to the proposed rules.
Data and analytical methodologies
The Department analyzed ss.
46.03 (18) and
46.10 (1) to
(14) (a), Stats., the Department's current practices and existing rules when deciding how to revise the rules proposed in this order.
Analysis and supporting documents used to determine effect on small business
The proposed rules relate to the status and retention periods of client records relating to payment for the services. The proposed rules do not affect businesses.
Small Business Impact
The proposed rules do not affect businesses.
Fiscal Estimate
The proposed changes may decrease costs and should increase uniformity and accountability for counties and the Department. The Department's potential savings may be up to $1,000 annually. The savings for counties is unknown. The rules do not affect businesses.
Text Of Proposed Rule
SECTION 1. DHS 1.03 (20) (c) is repealed and recreated to read:
DHS 1.03 (20) PAYMENT PERIOD. (c) Third-party sources have been exhausted and the responsible parties have a permanent inability or unlikely future ability to pay.
SECTION 2. DHS 1.06 (3) (d) and (e) are repealed and recreated to read:
DHS 1.06 (3) (d)
Closing client records; record retention period. Client records may be closed after the department or payment approval authority determines that any one of the conditions listed under s.
DHS 1.03 (20) (a) to
(c) applies. Closed client records shall be maintained for at least 5 years.
(e) Audits. Open and closed client records shall be made available for audit.
Agency Contact Person
Troy K. Kitzrow
Supervisor, Billing and Collections
Bureau of Fiscal Services
Division of Enterprise Services
Department of Health Services
1 West Wilson Street; Room 750
Madison, WI 53707
608-261-5984
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control
Chs.
NR 400 —
(DNR # AM-17-10 and AM-48-10(E))
NOTICE IS HEREBY GIVEN that pursuant to sections 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed revisions to Chapters
NR 400,
405, and
407, Wis. Adm. Code, in permanent rule Order AM-17-10, relating to major source permit thresholds for sources of greenhouse gas emissions on the date and at the time and location listed below. The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under sections
285.11(6), Stats., will be revised.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to section
227.24 (4), Stats., the Department will, on the same date and at the same time and location, hold a public hearing on identical revisions in emergency rule Order AM-48-10(E), adopted by the Natural Resources Board on December 8, 2010 and which was published and became effective on December 15, 2010.
