This rule designates the following 12 AEAs, totaling just under 200,000 acres, in the following locations (the AEA's are specifically described by the maps shown in Appendix A to this rule):

AEA name	AEA Location (County and Town)
Antigo Flats AEA	Langlade County; Towns of Ackley, Antigo, Neva, Peck, Polar, Price and Rolling
Ashippun/Oconomowoc AEA	Dodge and Waukesha Counties; Towns of Ashippun and Oconomowoc
Bayfield AEA	Bayfield County; Town of Bayfield
Bloomer Area AEA	Chippewa County; Town of Bloomer
Cadott Area AEA	Chippewa County; Towns of Goetz and Delmar
La Prairie AEA	Rock County; Towns of La Prairie and Turtle
Maple Grove AEA	Shawano County; Town of Maple Grove
Rush River Legacy AEA	St. Croix County; Town of Rush River
Scuppernong AEA	Jefferson County; Towns of Cold Spring, Hebron, Palmyra and Sullivan
Squaw Lake AEA	Polk and St. Croix Counties; Towns of Alden, Farmington, Somerset and Star Prairie
Town of Dunn AEA	Dane County; Town of Dunn
Windsor AEA	Dane County; Town of Windsor

There are no federal programs comparable to the AEA program implemented by this rule. Over 15 states have “agricultural district" programs that bear some resemblance to the AEA program implemented by this rule, including the neighboring states of Illinois, Iowa, and Minnesota. However, each of those state programs has its own unique features.

None of the programs in other states is exactly comparable to the AEA program implemented by this rule, and some are more comparable to Wisconsin's farmland preservation zoning program. Some include limits on non-farm development, local planning requirements, right-to-farm protection, rewards for conservation practices, per acre property tax credits, and eligibility for participation in a conservation easement program.

DATCP evaluated AEA petitions in consultation with a panel that included independent reviewers. DATCP and the reviewers considered factors identified in ss. 91.84 and 91.86, Stats., as well as a variety of other factors identified in the petition forms. Petitioners were invited to submit, and did submit, extensive data and information to support their petitions.

This rule, by itself, does not have a direct impact on the environment. This rule enables eligible farmers to enter into voluntary farmland preservation agreements with the state. Those agreements will have a positive effect on the environment by preserving agricultural land and promoting compliance with state soil and water standards.

This rule is not a “major action significantly affecting the quality of the environment," for purposes of s. 1.11, Stats. No environmental impact statement is required under s. 1.11, Stats. or ch. ATCP 3, Wis. Adm. Code.

This rule, by itself, does not have any direct impact on farmers or other business owners. The designation of an AEA does not control or restrict land use. However, farm owners in an AEA are eligible to enter into voluntary 15-year farmland preservation agreements with DATCP. That enables them to claim farmland preservation tax credits under s. 71.613, Stats.

Participating farmers may claim a significant tax credit benefit for the 15-year term of their agreement ($5 per acre per year, or $10 per acre per year if the land is also covered by a certified farmland preservation zoning ordinance). The AEA designation may also help reassure farmers and investors that the affected area will remain in agricultural use. The AEA designation may encourage, and help focus, agricultural investment and development.

Farmers who choose to enter into farmland preservation agreements (in order to qualify for tax credits) may incur some costs to keep their land in agricultural use for 15 years, and to comply with state soil and water conservation requirements. Some of these farmers may already be complying with conservation standards. In any case, the decision to enter into a farmland preservation agreement is voluntary. The cost of compliance for participating (if any) may be outweighed by the tax credit benefit.

Many of the farmers who will benefit from this rule are “small businesses." This rule will have a positive effect on those small businesses. This rule will impose no new mandates on small business (farmland preservation agreements are entirely voluntary). This rule is not subject to the small business delayed effective date under s. 227.22 (2) (e), Stats.

As a result of this rule, farmers in the designated AEAs will be able to enter into voluntary farmland preservation agreements with DATCP. That will enable them to claim farmland preservation tax credits under s. 71.613, Stats. For farms covered by agreements, farm owners may claim an income tax credit of $5.00 per acre. If the land is also covered by a certified farmland preservation zoning ordinance, the farm owner may claim a tax credit of $10.00 per acre. The tax credits, paid by the Wisconsin Department of Revenue, will be an annual cost to the State of Wisconsin. It is not possible to know exactly how many of the acres designated as an AEA will be entered into a farmland preservation agreement. An estimate of the cost of tax credits to the state assuming 40% of the acres are covered by an agreement can be found in the fiscal estimate.

The Department of Revenue will incur some added costs for personnel, supplies and services to process tax credit claim forms and pay the tax credits. However, those costs can likely be absorbed within DOR's current operating budget.

DATCP will incur some added costs to publish in the state newspaper and for personnel, supplies and services to enter into farmland preservation agreements with farmers in the designated AEAs. However, those costs will be relatively small and can be absorbed within DATCP's current operating budget.

Farmers claiming tax credits in the designated AEAs must comply with state soil and water conservation requirements. Counties monitor compliance, and may suspend a farmer's tax credit eligibility if the farmer fails to comply. Counties in which the AEAs are located may incur some additional costs for personnel, supplies and services to monitor conservation compliance by farmers claiming tax credits pursuant to farmland preservation agreements in the designated AEAs. In many instances, that cost can be absorbed within the counties' current operating budgets.

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

NOTICE IS HEREBY GIVEN That pursuant to s. 218.04 (7) (d) and 227.11 (2), Stats., the Wisconsin Department of Financial Institutions, Division of Banking will hold a public hearing to consider a rule to revise section DFI-Bkg 74.01 and to create section DFI-Bkg 74.18, relating to the exemption of health care billing companies from the definition of a collection agency.

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact 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, e-mail mark.schlei@wisconsin.gov.

A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website, www.wdfi.org.

Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

Section 218.04 (1) (a), Stats.

Sections 218.04 (7) (d) and 227.11 (2), Stats.

Section 256.01 (3), Stats., provides the definition of “ambulance service provider" as used in this rule.

Pursuant to s. 218.04, Stats., the department regulates collections agencies.

The objective of the rule is to renumber ss. DFI—Bkg 74.01(3) and DFI—Bkg 74.01(4); and create ss. DFI—Bkg 74.01(3), DFI—Bkg 74.01(5), DFI—Bkg 74.01(6) and DFI—Bkg 74.18, relating to the exemption of health care billing companies from the definition of a collection agency. The purpose of the rule is to provide definitions and requirements regarding this exemption. Pursuant to 2009 Wisconsin Act 404, the legislature has determined that the definition of a collection agency as set forth in s. 218.04(1)(a) does not include health care billing companies. The rule provides definitions related to this exemption. The rule also sets forth the criteria to qualify for an exemption as a health care billing company and certain requirements for the health care billing company to meet regarding the exemption.

29 CFR s. 825.125 provides the definition of “health care provider" as used in this rule.

Illinois, Michigan, Minnesota and Iowa do have comparable rules.

Because the department regulates collection agencies for the state, the division could also rely on extensive staff expertise and experience in drafting regulations for these entities. The department is also experienced with health care billing companies as collection agencies because, until the enactment of 2009 Wisconsin Act 404, the department licensed these companies as collection agencies.

The rule removes health care billing companies from state regulation. The rule also provides clarity in setting forth the criteria to qualify for an exemption as a health care billing company and the requirements for the health care billing company to meet regarding the exemption.

The rule does not have a significant economic impact on small business.

The rule places no additional duties or burdens on state government, and hence has no affect on costs to it.

For substantive questions on the rule, contact:

NOTICE IS HEREBY GIVEN That pursuant to ss. 138.10 (2m), 138.14 (8) (b), 138.14 (14) (g), and 227.11 (2), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing to consider a rule to create Chapter DFI-Bkg 75, relating to payday lending.

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, telephone (608) 267-1705, e-mail mark.schlei@wisconsin.gov.

A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website, www.wdfi.org.

Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

Sections 138.10 (2m), 138.14 (8) (b) and (14) (g), Stats.

Sections 138.10 (2m), 138.14 (8) (b), (14) (g), and 227.11 (2), Stats.

None.

Pursuant to 2009 Wisconsin Act 405, the department is to enact rules regarding payday lending reforms.