Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Relating to: | Fair Organizations |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
The objective of the rule is to repeal or modify provisions of the rule identified in the Department of Agriculture, Trade and Consumer Protection’s report to the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats., submitted on March 29, 2019. 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The Department of Agriculture, Trade and Consumer Protection identified the following as obsolete or unnecessary rule in the report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats.:
ATCP 160.92 (6) requires a copy of the fair organization’s annual financial report as published in the newspaper to be submitted to the department. 2015 Wisconsin Act 207 repealed the requirement that a fair organization file a publish a financial statement as a class I notice [s. 93.23 (1) (d), Stats. (2013)]. Therefore, this subsection is obsolete.The alternative to the proposed rule is to have an obsolete process in rule for submission of a financial report as published when the requirement to publish in the newspaper is no longer statutorily required. Preserving the requirement for the financial report to be published in the newspaper is a requirement more restrictive than the statutory provision.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
No fair, association, or board shall receive state aid unless its premium list, entry fees, and charges conform to uniform premium lists and other rules established under subd. 2., both as to premiums offered, amounts to be paid, entry fees to be charge, and all other charges for exhibiting.
In order to have a more equitable distribution of state aid among fairs and to effect wider participation and interest by the public in exhibits, the department may prescribe uniform premium lists setting forth classes of exhibits which will be approved for the purposes of state aid, premium awards in such classes and entry qualifications, fees and charges for exhibitors. All fairs shall receive aid in the same manner, except that an entity operating a fair may impose restrictions on the total number of fairs at which an exhibitor may participate in order to be eligible for premium awards for exhibits at that fair. [s. 93.23 (1) (a) 1.b. and 2., Stats.] 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
75 hours
6. List with description of all entities that may be affected by the proposed rule:
Fair organizations and members of the public who read the financial reports in the newspaper.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The department anticipates that the proposed rule will have no to minimal economic impact. It is not likely to have a significant economic impact on small businesses.
Contact Person: Sharon Henes, Program Policy Analyst - Advanced, (608) 381-2808
