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Wisconsin
Administrative
Register
No. 483
Publication Date: March 14, 1996
Effective Date: March 15, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
toc_midmarch
T a b l e o f C o n t e n t s
1) NOTICE SECTION.
Agriculture, Trade & Consumer Protection:
Hearings to consider ch. ATCP 99, relating to grain warehouse keepers and grain dealers. (p. 3)
Emergency Response Board:
Hearing to consider revision to ch. ERB 4, relating to fees for transporting hazardous materials. (p. 5)
Hearings to consider amendments to ch. ERB 1 and creations of ch. ERB 5, relating to reporting requirements for temporary construction and batch plants. (p. 5)
Insurance:
Hearing to consider revision to s. Ins 6.20 relating to investments by town mutual insurers. (p. 8)
Social Workers, Marriage & Family Therapists and Professional Counselors:
Hearing to consider amendment to s. SFC 2.01 (5) and creation of SFC 3.13, relating to social workers training certificates. (p. 9)
University of Wisconsin System:
Hearing to consider amendments to ch. UWS 18, relating to conduct on university lands. (p. 10)
2) EMERGENCY RULES NOW IN EFFECT.
Agriculture, Trade & Consumer Protection:
Rules relating to price discrimination in milk procurement. (p. 11)
Corrections:
Rules relating to supervision fees for probationers and parolees. (p. 11)
Development:
Rules relating to the Community-Based Economic Development Program. (p. 12)
Emergency Response Board:
Rules relating to a grant for local emergency planning committees. (p. 12)
Rules adopted revising ch. ERB 4, relating to a fee for transporting hazardous material. [FIRST APPEARANCE] (p. 12)
Gaming Commission:
Rules relating to the conduct of raffles. (p. 13)
Rules adopted amending s. WGC 24.13 (1) (d), relating to simulcasting fees. [FIRST APPEARANCE] (p. 13)
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 13)
Rules relating to use of community long-term support funds for community-based residential facilities (CBRF) residents. (p. 13)
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to estate recovery under aid programs. (p. 14)
Rules relating to 3 pilot projects. (p. 14)
Rules relating to lead poisoning prevention grants. (p. 14)
Rules relating to authorized actions of emergency medical technicians-basic. (p. 15)
Rules relating to authorized action of EMTs-intermediate and -paramedic. (p. 15)
Health & Social Services:
Economic Support, Chs. HSS 200--
Rules relating to county relief programs funded by block grants. (p. 15)
Rules relating to tribal medical relief program. (p. 16)
Rules relating to a benefit cap pilot project under the AFDC program. (p. 16)
Rules adopted revising chs. HSS 201 and 206, relating to the pay for performance program. [FIRST APPEARANCE] (p. 16)
Industry, Labor & Human Relations:
Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 17)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings. (p. 17)
Insurance, Commissioner of:
Rules relating to credit life insurance. (p. 17)
Rules relating to cost-containment rules. (p. 17)
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to sturgeon spearing in Lake Winnebago.(p. 18)
Public Defender:
Rules relating to payment of attorney fees. (p. 18)
Public Instruction:
Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 18)
Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 18)
Regulation & Licensing:
Rules relating to license renewal when delinquent taxes exist. (p. 19)
Revenue:
Rules relating to assessment of agricultural property in 1996. (p. 19)
Transportation (Dept.):
Rule relating to the urban mass transit operating assistance program. (p. 19)
Rule relating to motor vehicle inspection and maintenance program (MVIP). (p. 19)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Health & Social Services:
(CR 95-182) - Ch. HSS 211
Industry, Labor & Human Relations:
(CR 93-32) - S. ILHR 83.035
Industry, Labor & Human Relations:
(CR 93-33) - S. ILHR 83-23
Regulation & Licensing:
(CR 95-205) - Ch. RL 127
Revenue:
(CR 95-169) - Chs. Tax 2 & 3
Revenue:
(CR 95-209) - S. Tax 12.07
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Banking:
(CR 95-119) - S. Bkg 3.05
Banking:
(CR 95-120) - S. Bkg 3.01
Medical Examining Board:
(CR 95-49) - Chs. Med 10 & 21
Natural Resources:
(CR 95-102) - Ch. NR 165
Natural Resources:
(CR 95-165) - S. NR 212.40
Savings & Loan:
(CR 95-114) - S. SB 8.03
Savings & Loan, Banking & Credit Unions:
(CR 95-214) - SS. Bkg 14.10, CU 63.10, S-L 12.10 & SB 12.10
Transportation (Dept.):
(CR 95-200) - Ch. Trans 310
Transportation (Dept.):
(CR 95-201) - S. Trans 4.06
notices
N o t i c e S e c t i o n
Agriculture, Trade &
Consumer Protection
(Reprinted from Feb. 29, 1996
Wis. Adm. Register)
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule, relating to grain warehouse keepers and grain dealers. This rule amends ch. ATCP 99, Wis. Adm. Code.
Written Comments
The Department will hold the hearings at the dates and places shown below. The public is invited to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until March 20, 1996 for additional written comments.
Copies of Rule
A copy of the rule may be obtained, free of charge, from:
Division of Trade & Consumer Protection
Telephone (608) 224-4970
Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Dr.
P.O. Box 8911
Madison, WI 53708-8911
Copies will also be available at the public hearings.
An interpreter for the hearing-impaired will be available upon request for these hearings. Please make reservations for a hearing interpreter by contacting Judy Jung (608) 224-4972 or by contacting the TDD at the Department at (608) 224-5058.
Hearing Information
The hearings are scheduled as follows:
March 12, 1996   Company E Room
Tuesday   Menasha Public Library
Commencing at 1:00 p.m.   440 First Street
Handicapped Accessible   Menasha, WI
March 14, 1996   Room 105
Thursday   Eau Claire State Office Bldg.
Commencing at 12:00 p.m.   718 North Clairemont
Handicapped Accessible   Eau Claire, WI
March 15, 1996   Room 172
Friday   State Agriculture Building
Commencing at 1:00 p.m.   2811 Agriculture Drive
Handicapped Accessible   Madison, WI
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: ss. 127.02 (3) (d) and 127.15
Statutes interpreted: ch. 127
In order to protect grain producers, the Department of Agriculture, Trade and Consumer Protection currently regulates grain warehouse keepers and grain dealers under ch. 127, Stats. Grain warehouse keepers and grain dealers must be licensed, must file financial statements with the Department, and must file security with the Department if they fail to meet minimum financial standards.
The Legislature recently made substantial changes to the grain security law under ch. 127, Stats. The changes, contained in 1995 Wis. Act 42, took effect on September 1, 1995.
The Department has adopted rules under ch. ATCP 99, Wis. Adm. Code, to interpret ch. 127, Stats. This rule amends the Department's current rules to incorporate the recent legislative changes. This rule also increases license and inspection fees, clarifies financial statement and security filing requirements, simplifies the disclosures which grain dealers must make to producers, and makes other changes designed to clarify the current rules.
Licensing Grain Warehouse Keepers and Grain Dealers
1995 Wis. Act 42 requires warehouse keepers and grain dealers to hold a “license” from the Department, rather than a “registration certificate” as before. This rule incorporates this new terminology.
1995 Wis. Act 42 created a new license category of “class B2” grain dealers. “Class B2” grain dealers are feed mill operators who buy less than $50,000 worth of grain from producers per year, and who use no “deferred payment” or “deferred price” contracts. “Class B2” grain dealers are no longer licensed as class B grain dealers. They will pay lower license fees than class B grain dealers, and will not have to file annual financial statements or meet minimum financial standards. This rule incorporates the new license category.
Financial Statements
Under current law, grain warehouse keepers and certain grain dealers must file annual financial statements with the department. Under 1995 Wis. Act 42, class B grain dealers must now file annual financial statements if they use “deferred payment” or “deferred price” contracts. The Department may require supplementary or interim financial statements, as necessary.
This rule modifies current rules related to financial statements, consistent with ch. 127, Stats.:
○ It updates and clarifies current filing requirements, consistent with ch. 127, Stats.
○ It clarifies current requirements related to the form and content of financial statements. It also clarifies which financial statements must be reviewed or audited by a CPA.
○ It allows sole proprietors to prepare portions of their financial statements on a historical cost basis, thereby saving accounting costs.
○ It allows the Department, for good cause, to extend a filing deadline for up to 30 days.
Minimum Financial Standards
Under current law, grain warehouse keepers and certain grain dealers must meet minimum financial standards. 1995 Wis. Act 42 made the following changes which are incorporated in this rule:
○ It required class B grain dealers to meet minimum financial standards if they use “deferred payment” or deferred price“ contracts.
○ It changed the minimum financial standards for grain dealers to reflect financial risk. Under the new standards:
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