This rule implements Wisconsin's Livestock Premises Registration Law (2003 Wis. Act 229), which takes effect on November 1, 2005. The rule includes the following key provisions:

A person may not keep “livestock" in this state unless the livestock premises are annually registered with DATCP. “Livestock" includes cattle, swine, poultry, sheep, goats, horses, farm-raised deer, bison, camelids (such as llamas), ratites (such as ostriches and emus) and fish.

If 2 or more persons have a role in keeping livestock at the same location (for example, if one person owns the livestock, another tends them, and a 3rd owns the land), any one of those persons may register that location (the others need not register). Registration does not create any “ownership" rights that do not otherwise exist. It merely identifies a location in this state at which livestock are kept. DATCP assigns a unique premises code that continues with that location, even if the registrant changes (some exceptions apply).

Operators of livestock facilities currently licensed by DATCP (dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments) must register the facilities licensed to them and may not let others register those premises for them. License holders will be able to register by filling out a few extra lines on their annual license renewal forms.

The registration requirement under this rule will take effect on January 1, 2006, except that for livestock facilities currently licensed by DATCP, the registration requirement will take effect on the first day of the first full license year beginning after January 1, 2006. For example, the registration requirement first applies to dairy farms on May 1, 2006, because dairy farm licenses expire on April 30 of each year.

An annual registration expires on December 31, or in the case of livestock premises currently licensed by DATCP, on the annual license expiration date.

There is no fee to register livestock premises. A person may register on-line or in writing on forms prescribed by the DATCP. Forms will be readily available from DATCP and its contract agent. DATCP will send annual renewal forms to registrants to make renewal as easy as possible. Renewals, like initial registrations, may be transacted on-line.

Each registrant must provide the following information:

• Registrant's legal name, any trade names, mailing address, and phone number.

• Primary premises location and any secondary locations included in the registered premises.

• Name and phone number of a contact person with knowledge of livestock movements to and from all locations comprising the premises.

• Type(s) of livestock operation.

• Type(s) of livestock kept.

DATCP or its agent will issue a written or electronic premises registration certificate to each registrant, depending on the form of registration. The registration certificate will include a unique premises registration code generated by USDA (the premises code is assigned to the primary premises location). If the registrant is currently licensed by DATCP (dairy farms, deer farms, livestock markets, etc.), the premises code will be included on the registrant's annual license.

Premises registration information required under this rule is confidential. However, the premises code itself is not confidential. Neither DATCP nor its contract agent may disclose confidential registration information to any other person or agency (except USDA). DATCP may disclose confidential registration information if necessary to prevent or control disease, or to protect public health, safety or welfare. DATCP may also disclose information with the registrant's permission.

This confidentiality does not apply to information required under other laws. For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law remains open to public inspection. But premises registration information required for the first time under the new law, or under this rule, must be kept confidential.

DATCP may create aggregate information (such as maps and statistics) from registration information, but may not disclose that information if it would reveal (or make it possible to deduce with certainty) the address or identity of any registrant.

DATCP may contract with an agent (presumably WLIC) to process registrations, manage registration information, and perform other functions on behalf of DATCP. The registration process must be conducted under the name of DATCP, not the contract agent. DATCP must approve the registration process and forms.

The contract agent may not do any of the following without DATCP approval:

• Change the registration process or forms.

• Use or disclose any information that it acquires as DATCP's agent.

• Purport to collect information as DATCP's agent.

• Ask a registrant for permission to use or release confidential registration information.

A contract agent must specifically identify to DATCP the individuals who will handle confidential information. Each of those individuals must sign a confidentiality agreement with DATCP. Neither the contract agent, nor any individual affiliated with the contract agent, may disclose confidential information or use it for financial advantage.

A contract agent must comply with applicable state standards related to the storage, handling and disposition of state records. If a contract is terminated, the contract agent must return all registration records to DATCP. DATCP may terminate a contract at any time.

This rule prohibits the receipt of livestock from unregistered premises for purposes of sale, exhibition or slaughter. But this prohibition does not apply unless USDA or surrounding states impose an equivalent prohibition in all of the surrounding states.

This rule modifies current DATCP rules related to the licensing of dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments by incorporating by reference the new livestock premises registration requirements under this rule.

The livestock premises registration program will have no fiscal impact on local government, but it will have a significant fiscal impact on DATCP. DATCP expects to incur one-time costs of $42,000 and annual costs of $918,600 to implement the program (see fiscal estimate attached). DATCP has requested, and hopes to receive, federal funding to cover these costs. However, federal funding is not assured.

If federal funding is not forthcoming, state funding will be needed. As required by 2003 Wisconsin Act 229, DATCP will submit a biennial budget request for state appropriations (tax dollars or fee revenues) to fund the program in the FY 2005-07 biennium. The Legislature will determine the funding source and amount. This rule does not create any registration fees.

This rule implements the livestock premises registration program mandated by the Legislature in 2003 Wisconsin Act 229. This rule will affect an estimated 60,000 Wisconsin businesses, including the following (many of these businesses are “small businesses"):

• Livestock producers, including dairy, beef, swine, poultry, farm-raised deer, sheep, goat, fish and exotic livestock producers.

• Horse owners and stable operators.

• Livestock markets, dealers and truckers.

• Slaughter establishments.

• Rendering and dead animal processing establishments.

• Operators of livestock exhibitions.

• Veterinary clinics.

Affected businesses must register their premises annually with DATCP. There is no fee. Businesses can register on-line or in writing. Businesses currently licensed by DATCP, including dairy farms, deer farms, fish farms, animal markets, animal dealers, animal truckers, slaughter establishments, equine quarantine facilities and rendering establishments, can comply just by completing a few additional lines on their annual license applications. DATCP will facilitate annual renewals by sending automatic renewal notices to all registrants.

This rule does not create any new record-keeping or reporting requirements, other than the basic annual registration requirement. It does not require businesses to hire any new professional services. This rule establishes a delayed effective date of January 1, 2006, so that affected business will have time to understand and comply with the new registration requirement. For persons currently licensed by DATCP, the effective dates are further delayed to coincide with the start of an annual licensing period.

DATCP will work with the livestock industry to implement the new program, which will have important benefits for the industry. DATCP and its contract agent will implement an information and education program, and it will provide convenient registration mechanisms for affected businesses. DATCP will also make it easy for registrants to renew annually by sending automatic renewal forms (registrants need only update pre-printed information, if that information has changed).

This rule will not have a significant adverse economic impact on small business, and it is not subject to the delayed small business effective date provision in s. 227.22(2)(e), Stats.

A small business analysis (“initial regulatory flexibility analysis") is attached.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but it will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.

There is, as yet, no federal law mandating nationwide registration of livestock premises. However, USDA plans to implement a comprehensive livestock identification program that includes state registration of livestock premises. USDA and the United States Animal Health Association have developed a national plan in cooperation with the livestock industry.

Under 2003 Wis. Act 229, Wisconsin rules must be consistent with the national plan. This rule is consistent with the current national plan and will be modified as necessary as the national plan evolves. USDA has funded the development of Wisconsin's premises registration system and may fund its implementation.

NOTICE IS HEREBY GIVEN That pursuant to ss. 218.04 (7) (d) and 227.11 (2), Stats., and interpreting s. s. 218.04 (9j), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, 345 W. Washington Avenue, 5th Floor, in the city of Madison, Wisconsin, on the 22nd day of October, 2004, at 9:00 a.m. to consider the creation of a rule relating to authorizations to consolidate accounts.

Statute(s) interpreted: s. 218.04 (9j), Stats.

Statutory authority: ss. 218.04 (7) (d) and 227.11 (2), Stats.

Explanation of agency authority: Pursuant to ss. 218.04, and 220.02 (3) and (4), Stats., the division regulates collection agencies.

Related statute or rule: None.

Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.09 (5). The purpose of the rule is to set forth requirements for an authorization received by a licensee from a creditor for consolidating accounts. The rule establishes criteria regarding the form and content of the authorization.

Summary of and preliminary comparison with existing or proposed federal regulation: There is no existing or proposed federal regulation.

Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.

Summary of factual data and analytical methodologies: There is no factual data associated with this rule. The rule was drafted in consultation with trade associations for entities affected by the rule.

Analysis and supporting documentation used to determine effect on small business: Because the rule only establishes the criteria for an already existing requirement, the division believes that the rule will not have a significant effect on small business. The rule merely indicates what the authorization required by s. 218.04 (9j), Stats., must include. Furthermore, the authorization requirements request the most basic information, none of which should create an additional burden. Lastly, an agency must obtain a suit authorization from the client before moving forward with any suit. The authorization required by s. 218.04 (9j), Stats., and further defined by this rule could easily be included as part of that authorization.

The proposed rule will not have an effect on small businesses.

There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.

A copy of the proposed rule and fiscal estimate may be obtained from, and written comments regarding the proposed rule may be submitted to, Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institutions' website, www.wdfi.org. Comments may also be submitted via the department's website contact page, e-mail the secretary. All comments not otherwise to be presented at the hearing must be received prior to the hearing set for this rule.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11, Stats., interpreting ss. 29.014 and 29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-26-04(E) pertaining to the 2004 migratory game bird season. For ducks, the state is divided into two zones each with 60-day seasons. The season began at noon September 25 and continues for 60 consecutive days in the north, closing on November 23. In the South, the season opens at noon on October 2 and continues through October 10, followed by a 5-day split, and then reopens on October 16 and continues through December 5. The daily bag limit is 6 ducks. For Canada geese, the state is apportioned into 3 goose hunting zones. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day until October 31 and from November 1 to the end of the season in each zone or subzone, the daily bag limit will be 2 birds per day.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, October 13, 2004 at 1:00 p.m.

Room 517, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.