The Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) require federal inspection to ensure all meat and poultry products are safe, wholesome, and accurately labeled. Section 661 of the FMIA and 454 of the PPIA allows FSIS to develop cooperative agreements with states to administer state meat inspection programs. Section 11015 of Title XI of the Food, Conservation, and Energy Act of 2008 (farm bill) amended the acts and established the new CIS program allowing certain state-inspected establishments to sell products in interstate commerce. USDA released the final rules for the CIS program in May 2011. These federal regulations are found in
9 CFR Parts 321,
332, and
381. Wisconsin's administrative rules do not currently incorporate these new regulations, which are needed to implement CIS.
Anticipated Economic Impact
DATCP expects the proposed rule to have no negative economic impact statewide and locally. Since state-inspected meat establishments are already inspected, rule revisions should result in no to minimal costs to establishments who choose to participate in this voluntary program, and participating establishments would be expected to experience a positive economic impact due to sales over a larger geographic region. The rule changes will have no economic impact on local governmental units or public utility taxpayers.
Contact Person
Sandra Cleveland, Division of Food Safety, DATCP; phone (608) 224-4670
Insurance
This statement of scope was approved by the governor on January 4, 2012.
Rule No.
Agency No. 145 – Chapter
Ins 17.01 and 17.28 (6)
Relating to
Injured Patients and Families Compensation Fund Annual Fund Fees and Mediation Panel Fees for fiscal year 2013.
Description of the Objective of the Rule
The Office of the Commissioner of Insurance's objective is to establish the annual fees that participating health care providers must pay to the Injured Patients and Families Compensation Fund as required by s.
655.57 (3), Wis. Stat., for the fiscal year beginning July 1, 2012. The proposed rule will also establish the mediation panel fees for fiscal year 2013 commencing on July 1, 2012.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
The policies as set forth in the statutes require the Office of the Commissioner of Insurance to promulgate a rule to establish the amount of fees to be paid into the Fund annually as approved by the Board of Governor's of the Injured Patients and Families Compensation Fund. The fees include the annual assessments for the coverage provided to the participating health care providers, and the mediation fund fees which are collected by the Injured Patients and Families Compensation Fund and paid to the Director of State Courts for the operations of the Medical Mediation Panels.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Injured Patients and Families Compensation Fund was established by and operated under Chapter
655, Wis. Stat. Section
655.004 states that the director of state courts and the Commissioner may promulgate such rules under ch.
227, Wis. Stat., as are necessary to enable them to perform their responsibilities under this chapter. Pursuant to s.
655.27 (3) (b), Wis. Stat., the Commissioner, after approval by the board of governors, shall by rule set the fees, and s.
655.61, Wis. Stat., requires that the board of governors, by rule, set fees to charge health care providers a level sufficient to provide the necessary revenue to fund the medical mediation panels. Further, section 601.41 (3), Wis. Stat., provides that the Commissioner shall have rule-making authority under s.
227.11 (2), Wis. Stat.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
120 hours of time including the time of state employees and of the Board of Governors of the Injured Patients and Families Compensation Fund.
Description of all Entities that this Rule may Have an Economic Impact On
All health care provider participants in the Fund as set forth in s.
655.002 (1), Wis. Stat., will be required to pay an additional 5% assessment for their medical malpractice coverage under Chapter
655 Wis. Stat. This impact is considered to be minimal in that the majority of the Fund's participants are physicians and the majority of the physicians are assessed fees in the Class 1 and Class 2 categories. The 5% increase in annual Fund fees will result in an additional $73 and $131 for Class 1 and Class 2 physicians, respectively, for fiscal year 2013.
Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Statement of Scope for Permanent and Emergency Rule
The Fund issues invoices for the next fiscal year in June of each year. In order for the invoices to correctly reflect the assessment increase approved by the Board of Governors, a rule must be promulgated and take effect prior to June 2nd. Due to the length of time that may be required to promulgate the rule, the scope is being submitted for both the permanent rule and an emergency rule to ensure that procedures are in place to promulgate the rule on an emergency basis to ensure that the invoices can be issued reflecting the assessments approved by the Board of Governors.
Contact Person
Theresa L Wedekind, 608-266-0953.
Transportation
This statement of scope was approved by the governor on January 13, 2012.
Rule No.
Relating to
Annual or consecutive month permits for vehicles or combinations of vehicles transporting hay or straw that exceed the height limitation designated in s.
348.06, Stats., providing an exemption from emergency rule procedures, and granting rule-making authority.
Description of the Objective of the Rule
This emergency rule and proposed permanent rule will implement sections
348.25 (3),
348.25 (4) (intro.),
348.27 (1),
348.28 (1), and
348.27 (16), Stats., which were amended and created by
2011 Wisconsin Act 58. The law creates an annual or consecutive month permit for vehicles and vehicle combinations transporting loads of hay or straw that exceed the height limitations designated in s.
348.06, Stats., grants rule-making authority, and provides an exemption from some emergency rule procedures. The law establishes conditions for the permit and limitations on operation. The law designates DOT as the issuing authority for this permit. All applications under sec. 348.27 (16) shall be made utilizing an electronic process prescribed by the department. The rule will: 1) define “urban area" and shall provide information to the permit holders as to the meaning of this term with each permit issued under this subsection, 2) prescribe the electronic application procedure, 3) establish parameters for how loads of hay and straw are to be secured for safe travel, 4) set forth guidance for written approval by local road authorities, 5) specify the number of business days within which permit applications will be reviewed, 6) establish reasonable conditions prerequisite for granting this permit; establish reasonable conditions for operation under this permit; establish reasonable conditions necessary for safe travel and protection of the highways; establish any additional reasonable conditions necessary, in view of statewide or local conditions.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
This emergency rule and proposed permanent rule will implement
2011 Wisconsin Act 58. Prior to the passage of
2011 Wisconsin Act 58, loads of hay and straw were not eligible for over height permits because the loads were divisible.
2011 Wisconsin Act 58 allows DOT to issue over height permits for loads of hay or straw that exceed the statutory height limit of 13.5 feet, but do not exceed 14.5 feet in urban areas, or 15 feet on any other highway.
2011 Wisconsin Act 58 will allow over height loads of hay or straw to be transported on Interstate highways.
Executive Order #50 explains that an economic impact analysis is not required when an agency promulgates an emergency rule (General Provisions I.5 and Economic Impact Analysis IV. 1)
This rule will implement
2011 Wis. Act 58 and will allow businesses, including small businesses, to transport loads of hay or straw that exceed the height limitations designated in s.
348.06, Stats. The department anticipates that there will be no economic impact on any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The department anticipates that there will be a moderately beneficial economic impact on private sector businesses since it will reduce their transportation costs.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Department of Transportation is authorized in chapter 348, Stats., to administer statutes and administrative regulations related to vehicle weights, widths, heights, and lengths.
2011 Wis. Act 58 amended sections
348.25 (3),
348.25 (4) (intro.),
348.27 (1),
348.28 (1), Stats., and created section 348.27 (16). These statutes
require the department to promulgate permanent and emergency rules implementing a newly-created multiple trip permit for transporting loads of hay or straw that exceed the height limitations designated in s.
348.06, Stats.
Non-statutory provisions created in
2011 Wis. Act 58, section
6, subsection (2)
require the department to promulgate emergency rules implementing this permit without a finding of emergency.
“…the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
200 Hours.
Description of all Entities that may be Impacted by the Rule
Motor Carriers and Shippers that transport hay and straw; agricultural interests.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule. Federal law establishes restrictions on the length, width and weight of vehicles on the interstate highway system.
23 U.S.C. section 127, and
23 C.F.R. Part 658. However, federal law does not restrict the height of vehicles on the interstate highway system.
Contact Person
Reed McGinn (608) 266-7857.
