CR_10-106 Hearing to consider rules to revise Ch. ATCP 69, relating to buttermaker license qualifications.

Minnesota has no comparable licensing program for dog sellers or dog facilities. Proposed legislation failed in the last session, but will likely be reintroduced in the next session.

Illinois:

Illinois licenses and regulates persons that have custody of more than 5 female dogs who breed dogs for sale. Illinois also licenses and regulates pet shops, dog dealers, kennel operators and catteries. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.

Michigan:

Michigan has no comparable licensing program for dog sellers or dog facilities.

Iowa:

Iowa licenses and regulates person that have custody of more than 3 breeding male or female dogs, including boarding kennels, breeders and dealers. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.

Data and analytical methodologies

DATCP consulted with an advisory committee comprised of individuals that will be licensed and regulated under this rule, and veterinarians. DATCP representatives also attended USDA presentations related to humane dog care standards.

Small Business Impact

This rule will affect persons who operate "animal control facilities," "animal shelters" or "dog breeding facilities" in this state, or who operate as "dog breeders," "dog dealers" or "out-of-state dog dealers" in this state. Under 2009 Wis. Act 90 , these persons must be annually licensed and must pay annual license fees as provided in this rule (see above). This rule does not, by itself, increase license requirements or fees (beyond the licensing requirements and fees already created by Act 90).

This rule spells out licensing standards for persons who are required to be licensed under this rule, including standards for the care, transportation and sale of dogs. Many of the persons who are subject to licensing under this rule are already meeting the standards under this rule, but others will incur costs to bring their facilities and practices into compliance with this rule.

•   Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. The certificate forms cost only $0.60 each (an estimated $44,000 for sellers statewide), but there will be a significant cost for veterinarian services. This could have a significant financial impact on license holders, especially small dog breeders. However, this rule does not add any costs beyond those imposed by Act 90 itself.

•   The facility requirements in this rule are, for the most part, rudimentary. However, some license holders may need to make significant facility upgrades in order to comply with the standards in this rule and ensure a humane level of care.

•   This rule requires license holders to keep inventory, identification and health records related to dogs that they keep or sell. Many of the persons affected by this rule already keep such records, but others do not. This rule may impose additional recordkeeping costs on those who do not. Many of the recordkeeping requirements in this rule are also contained (in more general form) in Act 90, so this rule does not add significantly to the costs already imposed by Act 90.

•   This rule may require some dog sellers to hire additional staff, or hire professional services (especially veterinarian services) to comply with this rule and provide a humane level of care to dogs under their custody or control.

This rule will benefit the dog care and sales industry by establishing basic standards of humane care and fair competition. This rule will also benefit dog buyers by providing greater assurance that dogs are healthy and well-adjusted, and have been humanely treated.

Many of the persons affected by this rule are "small businesses." This rule, like Act 90, exempts animal shelters that keep no more than 25 dogs per year. It also exempts dog breeders and dog dealers who sell no more than 25 dogs a year from no more than 3 litters. But neither Act 90 nor this rule make other significant exemptions for "small business," because many of the most serious animal health and humane problems addressed by Act 90 are found in "small business" settings.

The standards in this rule give affected businesses some flexibility and choices, consistent with the basic requirement of humane care. DATCP may issue licenses on a conditional basis, giving some license holders additional time to bring their operations into full compliance. DATCP may also grant variances for good cause, if the variance does not undermine the purpose of the standard from which the variance is granted.

Fiscal Estimate

This rule will not have a significant state or local fiscal impact. Section 173.41 (14) , Stats., created by 2009 Wis. Act 90 , requires DATCP to license and inspect "animal control facilities," "animal shelters," "dog breeders," "dog breeding facilities," "dog dealers" and "out of state dog breeders" that do business in this state. DATCP must inspect licensed facilities prior to licensing, and at least once every 2 years. Act 90 provided staff and funding for this licensing and inspection activity.

This rule will not create additional staffing requirements or program costs, beyond those entailed by Act 90 itself, nor will it change license fee revenues. Act 90 authorized DATCP to change initial statutory license fees by rule. However, this rule does not make any significant changes to the statutory fees.

Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. Certified veterinarians may purchase the forms from DATCP at a cost of $0.60 each (the same as for certificates used under other animal health programs). DATCP estimates that certificate sales will generate $44,000 in program revenue each year. Act 90 contemplates that these revenues will be used to help fund this program.

Agency Contact Person

Melissa Mace

Phone: [phone]

Email: [e-mail]

Notice of Hearing

Agriculture, Trade and Consumer Protection

CR 10-106

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules to create section ATCP 69.01 (3) (e) and (f) , relating to buttermaker license qualifications. DATCP will hold the public hearing at the time and location shown below.

Hearing Information

October 1, 2010

10:00 a.m. – 11:30 a.m.

WI Department of Agriculture, Trade & Consumer Protection

2811 Agriculture Drive – Conference Room 172, 1 st Floor

Madison, WI 53718

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by September 30, 2010 , by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911; e-mailing to [e-mail] or by phone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submittal of Written Comments

DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Friday, October 8, 2010 for additional written comments. Comments may be sent to the Debra Mazanec, Division of Food Safety at the address above, by email to [e-mail] or online at http://AdminRules. Wisconsin.gov / .

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to [e-mail] or by telephone at [phone].

Copies of Proposed Rule

You may obtain free copies of the rule by contacting the Wisconsin Dept. of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling [phone] or e-mailing to [e-mail] . Copies will also be available at the hearing. To view the proposed rule online, go to: http://adminrules.wisconsin.govKeeley.Moll @datcp.state.wi.us .

Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) currently licenses buttermakers under s. 97.17 , Stats. This rule provides more ways for an individual to qualify for licensing as a buttermaker.

Statutes interpreted

Section 97.17 (2) , Stats.

Statutes interpreted

Sections 93.07 (1) , 97.17 (2) and 227.24 , Stats.

Explanation of statutory authority

DATCP has broad general authority under s. 93.07 (1) , Stats., to interpret laws under its jurisdiction. DATCP has specific authority under s. 97.17 (2) , Stats., to establish license qualifications for buttermakers.

Plain language analysis

DATCP licenses individuals as buttermakers under s. 97.17 , Stats. DATCP has adopted licensing rules under ch. ATCP 69 , Wis. Adm. Code. Currently, an applicant for a 2-year buttermaker license must pass an examination (required only for initial license) and must show that he or she has done at least one of the following (required for initial and renewal license):

•   Been licensed as a buttermaker for at least 10 years.

•   Worked directly under a licensed buttermaker for at least 24 months.

•   Worked directly under a licensed buttermaker for at least 18 months and completed a DATCP-approved training course from an accredited post-secondary institution.

•   Obtained a 4-year degree in food science (or an equivalent major) from an accredited post-secondary educational institution, and worked directly under a licensed buttermaker for at least 12 months.

Under this rule, an applicant may also qualify for licensing if either of the following apply, with the proviso that the applicant must also pass an examination for an initial license:

•   The applicant holds a Wisconsin cheesemaker license and has done all of the following:

□   Completed a DATCP-approved buttermaker training course.

□   Worked in buttermaking operations for at least 40 hours under the direct personal supervision of a licensed buttermaker.

•   The applicant has done all of the following:

□   Worked in the complete process of buttermaking for at least 120 hours under the direct personal supervision of a licensed buttermaker.

□   Completed DATCP-approved courses in all of the following:

°   Buttermaking.

°   Production of safe dairy foods.

°   Hazard analysis — critical control point (HACCP) process control.

°   Principles of milk pasteurization.

°   Dairy sanitation.

Comparison with federal regulations

The United States food and drug administration has adopted food safety and labeling standards for butter, including a butter "standard of identity" (a product such as margarine may not be sold as "butter"). The United States department of agriculture has also adopted grading standards for butter. Neither FDA nor USDA licenses buttermakers.

This rule is not affected by current federal rules. However, buttermakers licensed under this rule must be aware of the relevant federal rules.

Comparison with rules in adjacent states

Buttermakers are not required to hold an individual professional license any of the surrounding states (dairy plant operators must be licensed, as in Wisconsin).

Data and analytical methodologies

This rule does not rely on any special data or analytical methodologies.

Small Business Impact

This rule will have a positive impact on the Wisconsin dairy industry, including Wisconsin's butter industry. The rule and will promote the development and diversification of the dairy industry, and will not have any negative impact on business. The rule will:

•   Provide more options for individuals who wish to be licensed as buttermakers.

•   Help relieve a current acute shortage of licensed buttermakers, which is putting the state's butter industry at risk.

•   Allow more people to enter the industry as licensed buttermakers, including makers of artisan and farmstead butter.

•   Help ensure the safety and quality of Wisconsin butter, by ensuring that buttermakers are adequately trained and qualified.

•   Make it easier for licensed cheesemakers to obtain a buttermaker license. That may give them more job flexibility, and provide more opportunities for value-added dairy enterprise.

This rule does not increase license fees, add new recordkeeping requirements, or require businesses to pay for additional professional services. Small businesses will benefit from this rule, and will not be adversely affected in any way. A complete business impact analysis is attached.

Fiscal Estimate

This rule will have no significant fiscal impact on Wisconsin state or local government. This rule does not increase buttermaker license fees. This rule may increase the number of buttermaker licenses, but the increase is not expected to have a significant impact on DATCP license revenues or administrative costs. DATCP expects to absorb any increased costs with current budget and staff. A complete fiscal estimate is attached.

Agency Contact Person

Questions or comments related to this rule may be sent to the following address:

Wis. Dept. of Agriculture, Trade and Consumer Protection

Trade and Consumer Protection Division — Food Safety

P.O. Box 8911

Madison, WI 53708-8911

Attn: Debra Mazanec

Phone: [phone]

Email: [e-mail]

Notice of Hearing

Agriculture, Trade and Consumer Protection

CR 10-107

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on its proposed rule, Chapter ATCP 20 , Wis. Adm. Code, relating to agricultural and vegetable seed. DATCP will hold one public hearing at the time and place shown below.

Hearing Information

Wednesday, October 13, 2010

9:00 a.m. - 11:00 a.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room (CR-106)

Madison, Wisconsin, 53718-6777

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by October 8, 2010 , by writing to Deb Bollig, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Submittal of Written Comments

DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until October 27, 2010 for additional written comments. Comments may be sent to Greg Helmbrecht, Division of Agricultural Resource Management at the address above, by email at [e-mail] or online at http://AdminRules.Wisconsin.gov / .

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator, Keeley Moll, at the address above, by emailing to [e-mail] or by telephone at [phone].

Copies of Proposed Rule

You may obtain a free copy of this proposed rule by contacting the Dept. of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail] . Copies will also be available at the hearing. To view the proposed rule online, go to: http://AdminRules.Wisconsin.gov/ .

Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection

Prior to the adoption of 2009 Wis. Act 28 , Wisconsin had detailed statutes (See ss. 94.38 through 94.46 , Wis. Stats.) that prescribed standards for seed germination and seed labeling. As part of 2009 Wis. Act 28 , the Legislature amended the statutes that govern the regulation of seed. The changes adopted as part of 2009 Wis. Act 28 repealed those germination and labeling standards effective January 1, 2011 and gave the Department of Agriculture, Trade and Consumer Protection (DATCP) authority to establish standards for germination, labeling, distribution and sale of agricultural seed and vegetable seed by rule. This rule establishes new rules related to seed labeling and modifies current rules related to standards of germination, analysis, testing, sampling, inspection and examination. The rule also establishes new standards for native seeds. DATCP administers the seed program.

Statutes interpreted

Sections 93.07 (1) and 94.38 to 94.46 , Stats.

Statutory authority

Sections 93.07 (1) and 94.45 (6) , Stats.

Explanation of statutory authority

DATCP has general authority, under s. 93.07 (1) , Stats., to interpret laws under its jurisdiction. DATCP has authority, under s. 94.45 (6) , Stats., to promulgate rules to prescribe standards for the labeling, distribution, and sale of agricultural seed and vegetable seed, to govern methods of sampling, inspecting, analyzing, testing, and examining agricultural seed and vegetable seed, to prescribe tolerances for purity and rate of germination of agricultural seed and vegetable seed, to prescribe tolerances for the occurrence of noxious weed seeds in agricultural seed and vegetable seed, to identify noxious weeds and prohibited noxious weeds, to govern the issuance of seed labeler licenses and to govern the administration and enforcement of ss. 94.38 to 94.46 , Stats. DATCP has authority, under s. 100.20 (2) , Stats., to regulate business practices and methods of competition.

Related rules or statutes

This rule is consistent with DNR rules under ch. NR 40 , Wis. Adm. Code, for classification and control of invasive species.

Rule content

This rule modifies Wisconsin's agricultural and vegetable seed rule. Among other things, this rule:

•   Establishes new rules related to seed labeling;

•   Modifies current rules related to standards of germination, analysis, sampling, inspection, and examination;

•   Establishes new rules related to native seeds;

•   Incorporates the fees for seed labeler licenses contained in s. 94.43 , Stats.

•   Makes other minor changes to update, clarify and correct current agricultural and vegetable seed rules.

The standards used for label contents, germination, weed seed and other tolerances as well as the definitions applicable to those standards that were included in the statute have changed substantially since the adoption of the seed law statutes. The primary effect of the rule is to update those standards and definitions to make them consistent with current practice throughout the U. S. and with the standards maintained by the Association of Official Seed Analysts. The standards proposed in this rule, like the statutes that exist through December 31, 2010 have the purpose of maintaining a fair marketplace for purchasers of agricultural seed and vegetable seed labeled, distributed, and sold in Wisconsin.

Comparison with federal regulations

The USDA-Agricultural marketing Service, Seed Regulatory and Testing Branch uses the published Association of Official Seed Analyst (AOSA) standards included in this rule for its regulatory work. The same seed rules are also used internationally and are published by the International Seed Trade Association.

Comparison with rules in adjacent states

Surrounding states have adopted the same AOSA published agricultural seed and vegetable seed standards as are included in this rule. The AOSA standards have been adopted by most states as the rules for testing seeds in their respective states. The AOSA's standards were developed to promote uniformity and accuracy in seed testing methods.

Data and analytical methodologies

DATCP consulted DNR, UWEX and the Association of Seed Analysts and worked with an advisory body made up of representatives of the Wisconsin seed industry and seed consumers in Wisconsin to develop the standards in the rule.

Environmental Impact

This rule will prohibit and restrict certain noxious weed seeds, some of which were previously prohibited or restricted under statute. The addition of new prohibited and restricted weed seeds may have a minor positive impact on the environment. The majority of the rule provisions have no environmental impact.

Small Business Impact

This rule updates current rules related to agricultural seeds and vegetable seeds. The primary purpose of this rule is to ensure a fair marketplace by establishing germination, labeling, examination, sampling, inspecting, and analysis standards that agricultural seeds and vegetable seeds sold in Wisconsin must meet. This rule establishes and updates these standards. The rule also establishes new standards for native seeds, a growing category of seeds not previously subject to regulation. Standards contained in the applicable statutes will be repealed as of January 1, 2011 and will be established in this rule. This rule also clarifies current seed rules, to facilitate understanding and compliance.

This rule will not have a significant impact on small businesses. This rule is expected to positively affect businesses by ensuring the all agricultural seed and vegetable seed producers, labelers, distributors, and wholesalers are using uniform standards for germination, labeling, analysis, testing, sampling, inspection and examination. The standards will ensure a fair agricultural seed and vegetable seed marketplace for businesses and consumers.

Fiscal Estimate

The proposed rule will have no fiscal impact on state or local government. Seed labeler license fees included in the proposed rule have already been created by statute. (See s. 94.43 , Stats.)

Agency Contact Person

Questions and comments related to this rule may be directed to:

Greg Helmbrecht

Dept. of Agriculture, Trade and Consumer Protection

P.O. Box 8911 , Madison, WI 53708-8911

Phone: [phone]

E-Mail: [e-mail]

Notice of Hearing

Children and Families

Safety and Permanence, Chs. DCF 35-59

EmR1034 , CR 10-105

NOTICE IS HEREBY GIVEN that pursuant to s. 48.625 (1g) , Stats., as created by 2009 Wisconsin Act 335 , and 227.11 (2) (a), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed permanent rules and emergency rules creating ss. DCF 57.485 and 57.49 (1) (am) , relating to determination of need for new group homes and affecting small businesses.

Hearing Information

Date and Time :	Location :
October 21, 2010	MADISON
Thursday	GEF 1 Building, Room H204
1:30 p.m.	201 E. Washington Avenue

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at a hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.

Appearance at Hearing

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

Copies of Proposed Rule and Submittal of Written Comments

A copy of the proposed rule is available at http://adminrules.wisconsin.gov . This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about a rule, and submit comments during the public comment period. You may receive a paper copy of this rule or fiscal estimate by contacting:

Elaine Pridgen, Office of Legal Counsel

Department of Children and Families

201 E. Washington Avenue

Madison, WI 53707

Phone: [phone]

Email: [e-mail]

Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov website no later than October 22, 2010 , will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Children and Families

Statutory authority

Section 48.625 (1g) , Stats., as created by 2009 Wisconsin Act 335 , and s. 227.11 (2) (a) , Stats.

Statutes interpreted

Section 48.625 , Stats.

Explanation of agency authority

Any person who receives, with or without transfer of legal custody, 5 to 8 children to provide care and maintenance for those children must obtain a license to operate a group home from the department. To obtain a license to operate a group home, a person must meet the minimum requirements for a license established in chapter DCF 57, meet the background check requirements, pay the license fee, and meet the new determination of need requirement created by 2009 Wisconsin Act 335 .

Section 48.625 (1g) , Stats., as created by 2009 Wisconsin Act 335 , provides that no person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.

Summary of the proposed rule

The rule will provide that an applicant for a determination of need for a new group home or for increased bed capacity in an existing group home shall submit all of the following documents to the department:

•   A statement of support by one or more counties, the Bureau of Milwaukee Child Welfare, or the Department of Corrections stating that the proposed additional placement resources are needed.

•   A detailed description of the methodology and findings that there is a need for this particular group home.

•   A detailed plan for the operation of the proposed group home that includes all of the following:

□   The number, sex, and age range of the children to be served.

□   The type of needs or disabilities of children to be served.

□   Number of staff listed by job title, degree or certification, and full-time or part-time status.

□   A description of the proposed program and treatment goals.

□   The location of the group home and a drawing of the layout of the physical plant.

The department shall send written notice of its determination of need to the applicant with a specific reason for the determination within 90 days after the date on which the department received all required documents and information from an applicant. The department will consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn.

Comparison with federal regulations

None.

Comparison with rules in adjacent states

The department is not aware of any requirements to obtain a certificate of need before applying for a license to operate a group home in adjacent states.

Summary of factual data and analytical methodologies

The rule regulates the establishment of new group homes and the expansion of existing group homes to control costs to Wisconsin citizens while ensuring an adequate number and variety of facilities to meet the needs of children who require out-of-home residential care.

Analysis used to determine effect on small businesses

The rule provides details to implement the statute.

Small Business Impact

The proposed rule will affect small businesses as defined in s. 227.114 (1) , Stats., but will not have a significant economic impact on a substantial number of businesses.

The Department's Small Business Regulatory Coordinator is Elaine Pridgen, [phone], elaine.pridgen@ wisconsin.gov .

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

A determination of need requirement will save staff time that is currently spent licensing group homes that are not needed. Group homes that are underutilized have higher per bed overhead costs that have often been passed on to purchasers.

State fiscal effect

None.

Local government fiscal effect

None.

Long-range fiscal implications

None.

Agency Contact Person

Mary Morse, Child Welfare Licensing Section

Bureau of Permanence and Out-of-Home Care

Phone: [phone].

Email: [e-mail]

Notice of Hearing

Commerce

Financial Resources for Businesses and Communities, Chs. Comm 100—

EmR1029

NOTICE IS HEREBY GIVEN that pursuant to s. 560.033 of the Statutes, the Department of Commerce will hold a public hearing on emergency rules to create Chapter Comm 137 , relating to reallocations for recovery zone facility bonds, and affecting small businesses.

Hearing Information

Date and Time :	Location :
October 1, 2010 Friday 1:00 p.m.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison, WI

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [phone] or at 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.

Appearance at Hearing and Submittal of Written Comments

Interested persons are invited to appear at the hearing and present comments on the rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until October 6, 2010 , 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. E-mail comments should be sent to [e-mail] . If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Copies of Emergency Rule

The rules and an analysis of the rules are available on the Internet by entering "Comm 137" in the search engine at the following Web site:
https://health.wisconsin.gov/admrules/public/Home sam.rockweiler @wi.gov .

Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at [e-mail] , or telephone [phone], or at Contact Through Relay. Copies will also be available at the public hearing.

Analysis Prepared by the Department of Commerce

Statutes interpreted

Section 560.033 , Stats.

Statutory authority

Sections 227.11 (2) (a) and 560.033 , Stats.

Explanation of agency authority

Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department. Section 560.033 (1) of the Statutes directs the Department to establish by rule, a system for reallocating waived allocations for recovery zone facility bonds – as defined under 26 USC 1400U-3 (b)(1) – to the authorities and local governmental units which are defined in sections 66.1104 (1) (a) and (b) of the Statutes. Section 560.033 (3) of the Statutes authorizes the Department to place any condition on these reallocations that the Department deems is in the best interest of the State.

Related statute or rule

Chapter Comm 113 contains rules relating to allocating volume cap on tax-exempt private activity bonds for manufacturing and housing, pursuant to 26 USC 146 .

Chapter Comm 136 establishes a procedure by which the Governor can designate tax-exempt Midwestern disaster area bonds that can be issued by, or on behalf of, the State or any political subdivision thereof, under the federal Heartland Disaster Tax Relief Act of 2008. These are private activity bonds that are designed to facilitate the recovery and rebuilding of areas which were declared major disaster areas in 2008.

Plain language analysis

The rules in this order address a system for reallocating all of the federal recovery zone facility bond allocations that were not used by June 1, 2010, to the authorities and local governmental units which are defined in sections 66.1104 (1) (a) and (b) of the Statutes, as created in 2009 Wisconsin Act 112 . This reallocation system includes deadlines that are designed to result in complete use of the federal bond allocation prior to its expiration on December 31, 2010.

Comparison with federal regulations

Current federal law, including the American Recovery and Reinvestment Act of 2009 (ARRA), authorizes certain local governments to issue several different types of tax-exempt bonds, including recovery zone facility bonds. The amount of bonds that may be issued is limited. Through each State, the ARRA allocates to counties, and to cities with a population of at least 100,000, the limited amount of recovery zone facility bonds that may be issued. The ARRA also authorizes these counties and cities to then waive some or all of their allocation, in which case the State in which the local units are located may reallocate the waived allocation to other units of government in that State.

Comparison with rules in adjacent states

Minnesota, Illinois, Iowa and Michigan have not yet promulgated any rules relating to counties or cities waiving allocations for recovery zone facility bonds. As a result, each county or city within those States may have developed their own requirements or guidelines for utilizing their portion of the State's recovery zone facility bond allocation.

Summary of factual data and analytical methodologies

The data and methodology for developing these rules were derived from and consisted of (1) reviewing 2009 Wisconsin Act 112 and the corresponding criteria in section 1401 of the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5; (2) incorporating applicable best practices the Department has developed in administering similar programs for economic development and business development; and (3) incorporating recommendations from stakeholders.

Analysis and supporting documents used to determine effect on small business

The primary documents that were used to determine the effect of the rules on small business were 2009 Wisconsin Act 112 and the corresponding criteria in section 1401 of the federal American Recovery and Reinvestment Act of 2009.

No economic impact report was prepared.

Small Business Impact

The rules are expected to result in only beneficial effects on small business because the rules only address tax-exempt private activity bonds that allow businesses to finance certain depreciable capital projects in areas which are designated by the bond issuers as having significant poverty, unemployment, rate of home foreclosures, or general distress.

Initial regulatory flexibility analysis

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

Any business choosing to pursue tax-exempt private activity bonds that are designed to finance certain depreciable capital projects in areas which are designated by the bond issuers as having significant poverty, unemployment, rate of home foreclosures, or general distress.

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

An application form prescribed by the Department must be completed and submitted to the Department by any authority or local governmental unit, as defined in s. 66.1104 (1) (a) and (b) of the Statutes, that desires to receive a reallocation of the bonding authority.

Types of professional skills necessary for compliance with the rules.

No new professional skills are necessary for compliance with the rules.

Rules have a significant economic impact on small businesses?

No

Small business regulatory coordinator

Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

The bond closing fee assessed under section Comm 137.08 (2) (b) is estimated to annually average $5000 from each of 20 projects, for an annual total of $100,000.

The proposed rules are not expected to impose any significant costs on the private sector because the rules address submittal of documentation, and other activities, only by applicants that choose to participate in the tax-exempt private activity bonding addressed in the rules.

State fiscal effect

Increase existing revenues.

Local government fiscal effect

None.

Long-range fiscal implications

None known.

Agency Contact Person

Steven Sabatke

Wisconsin Department of Commerce

Bureau of Business Finance and Compliance

P.O. Box 7970, Madison, WI 53707-7970

Phone: [phone]

Email: [e-mail] .

Notice of Hearing

Technical College System Board

EmR1025 , CR 10-096

NOTICE IS HEREBY GIVEN that pursuant to s. 38.41 , Stats., the Wisconsin Technical College System Board will hold a public hearing to consider proposed rules amending Chapter TCS 17 , relating to training program grants. The Wisconsin Technical College System Board adopted a temporary emergency rule effective July 2, 2010 and is also proposing a permanent rule. The hearing will cover both the emergency rule and the proposed permanent rule.

Hearing Information

Date:   September 28, 2010

Time:   1:30 to 3:30 p.m.

Location:   Wisconsin Technical College System Office
  4622 University Avenue
  Room 149
  Madison, WI 53705

It is the policy of the Wisconsin Technical College System (WTCS) Board to provide accommodations to persons with disabilities which may affect their ability to access or participate in WTCS activities. Persons may request assistance or reasonable accommodation for the scheduled public hearing by contacting Morna Foy at [phone] or [phone] (TTY) on or before September 20, 2010.

Submittal of Written Comments

Written comments should be submitted by 4:00 p.m. on September 28, 2010 to Morna Foy at the Wisconsin Technical College System, 4622 University Avenue, PO Box 7874, in Madison, WI 53707-7874 or by email to [e-mail] with a subject line of TCS 17. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.

Analysis Prepared by the Wisconsin Technical College System Board

Statutes interpreted

Sections 20.292 (1) (eh) and 38.41 , Wis. Stats.

Statutory authority

Section 38.41 , Wis. Stats.

Explanation of agency authority

Section 38.41 (4) , Stats., authorizes the technical college system board to promulgate rules to implement and administer the awarding of grants to technical college district boards to provide skills training or other education related to the needs of business.

Related statute or rule

Section TCS 17.06 , Wis. Adm. Code.

Plain language analysis

TCS 17 relates to training grants for technical college districts that provide skills training or other education related to the needs of business. A 25% match is required as a condition of the grant awards. The proposed amendment would eliminate the match requirement.

Comparison with federal regulations

Not applicable.

Comparison with rules in adjacent states

Not applicable.

Summary of factual data and analytical methodologies

Not applicable.

Small Business Impact

The proposed rules will have a positive effect — without the 25% match requirement, small businesses may be better able to take advantage of the training or education funding opportunities provided by this grant. Small businesses may access training or education through the training program grants, but there is no mandated participation in the program.

Fiscal Estimate

The functions required by these rules can be absorbed within existing staff. Therefore, there is no fiscal effect on the agency.

Text of Proposed Rule

SECTION 1. Section TCS 17.06 is amended to read:

TCS 17.06 CONDITIONS OF THE GRANT AWARD. (1) District boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.

(2) Grant award funds , including matching funds, may not be used for administration, marketing, or indirect costs.

(3) The board may establish limitations on the percentage of the grant award funds and matching funds that may be used to purchase or lease instructional materials, software, equipment or supply items and that may be used to fund staff development costs. Such limitations shall be specified in the grant guidelines approved by the board under TCS 17.03(2).

Agency Contact Person

Morna Foy, Executive Assistant

Wisconsin Technical College System

4622 University Avenue

P.O. Box 7874

Madison, WI 53707-7874

Phone: [phone]

Email: [e-mail] .