October 12, 1999 Wisconsin Department of
Tuesday Agriculture, Trade & Consumer
1:00 pm until 4:00 pm Protection
Board Room
2811 Agriculture Drive
Madison, WI
October 14, 1999 Department of Corrections
Thursday Room 129
1:00 pm until 4:00 pm State Office Building
141 Northwest Barstow St.
Waukesha, WI
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: s. 93.07(1)
Statute Interpreted: s. 100.30
This rule interprets s. 100.30, Stats., which prohibits sales of motor fuel and other merchandise below cost. The term “cost" is extensively defined in s. 100.30, Stats., and DATCP rules under ch. ATCP 105, Wis. Adm. Code. But neither the statute nor the current rules define “selling price."
Under s. 100.18(8), Stats., persons selling motor vehicle fuel at retail must post the retail sale price on the motor fuel pump. But many sellers now offer discounts such as customer loyalty discounts, fleet discounts, volume discounts, preferred payment method discounts and other incentives that may affect the ultimate sale price.
This rule clarifies how a seller's retail motor fuel “selling price" is calculated, for purposes of s. 100.30, Stats. Under this rule, the retail “selling price" of motor vehicle fuel is the selling price which the seller is required to post under s. 100.18(8), Stats., less any discounts offered by the seller that are fully earned and determinable at the time of sale, except that discounts based soley on the purchaser's method of payment or receipt of credit do not reduce the “selling price" of motor vehicle fuel for purposes of s. 100.30, Stats.
Fiscal Estimate
The department does not expect this rule to have any fiscal impact on the department or local governments.
Initial Regulatory Flexibility Analysis
The proposed additions to ATCP 105, Wis. Adm. Code do not have a significant effect on small business. The proposed rule is a presentation of the department's interpretation of how preferred payment method discounts effect whether or not gasoline was sold below cost.
Chapter ATCP 105 interprets s. 100.30, Stats. (sometimes referred to as “The Unfair Sales Act" or “The Minimum Markup Law"). This statute prohibits retailers, wholesalers and refiners of motor vehicle fuel from selling products below cost. The term “cost" is substantially defined in both the statute and the current rule. However, there are no provisions in either the satute or current rule that provide interpretations on how businesses are to determine the selling price of their products.
This rule specifies that discounts, credits or rebates that are tied to the payment method do not reduce the selling price of motor vehicle fuel. The rule also specifies that discounts, credit or rebates offered to the customer that are not tied to the payment method must be considered as a reduction in the selling price of motor vehicle fuel.
Notice of Hearing
Kickapoo Valley Reserve Management Board
Notice is hereby given that pursuant to s. 41.41 (7) (k), Stats., the Kickapoo Reserve Management Board will hold a hearing at the time and place shown below to consider a proposed order to create ch. KB 1, relating to the use of the land, water and facilities in the Kickapoo Valley Reserve.
Hearing Information
November 18, 1999 LaFarge Community Bldg.
Thursday 202 North State St.
4:00 p.m. to LaFarge, WI
8:00 p.m.
Written Comments
Written comments on the proposed rules may be sent to the contact person by Thursday, December 2, 1999. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Kickapoo Reserve Management Board
Statutory authority: ss. 44.41 (7) (k) and 227.11 (2) (a)
Statutes interpreted: ss. 44.40 and 44.41
The Kickapoo Reserve Management Board was created in 1994 to manage the Kickapoo Valley Reserve, which encompasses approximately 7,400 acres along 14 miles of the Kickapoo River in Vernon County. The 11 member board, which is appointed by the Governor, is required by statute to manage the land for low impact recreation. It currently does so under a management lease agreement with the U.S. Corps of Engineers, which purchased the land in the early 1970's as part of a large flood control and dam-building effort that was discontinued in 1975 because of environmental and cost concerns.
In 1996 federal legislation deauthorized the dam project and provided for ownership of approximately 7,400 acres to be transferred to the state when federal requirements are met. An additional 1,200 acres of tribally significant land is to be held in trust for the Ho-Chunk Nation by the Federal Bureau of Indian Affairs. The federal legislation that provides for the transfer of ownership does not specify a date by which title must be transferred but, it is anticipated that transfer of title to the 7,400 acres to the State will be completed in April of 2000.
The proposed rules contain the detail related to the Board management of the property, public use of the property and fees for public use of the property. The rules are very similar to Department of Natural Resources rules related to the use and management of state parks. (See Chapter NR 45.) In addition to general rules related to the management and use of the Reserve, the proposed rule regulates vehicle operation, animals, fires, use of firearms and hunting and camping on the Reserve. The proposed rule also provides for the charging of fees for camping and other recreational uses of the Reserve.
Initial Regulatory Flexibility Analysis
Notice is hereby given that pursuant to s. 227.14, Stats., the proposed rule will have minimal impact on small businesses. The initial regulatory flexibility analysis as required by s. 227.17 (3) (f), Stats., is as follows:
1) Type of small business affected by the rule: None.
2) The proposed reporting, bookkeeping and other procedures required for compliance with the rule: None.
3) The types of professional skills necessary for compliance with the rule: None.
Fiscal Estimate
The proposed rule provides for the charging of fees for camping and other recreational uses of the reserve. The fees will generate revenue for the Kickapoo Valley Reserve Management Board that will be used for management of the Reserve. Since fee rates and the amount of recreational uses are unknown, it is not possible to determine the amount of revenue that will be generated.
Copies of Rule and Contact Information
For additional information about or copies of the proposed rules contact:
Marcy West, Executive Director
Telephone (608) 625-2960
Kickapoo Reserve Management Board
505 North Mill Street
LaFarge, WI 54639
Notice of Hearings
Public Instruction
Notice is hereby given that pursuant to ss. 43.09(2) and 227.11 (2) (a), Stats., and interpreting s. 43.09, Stats., the department of public instruction will hold public hearings as follows to consider the amending of Chapter PI 6, relating to public librarian certification.
Hearing Information
October 5, 1999 Wausau
Tuesday Marathon Co. Public Library
10:00 a.m. – noon 300 N. First Street, 3rd Flr.
Wausau Room
October 6, 1999 Madison
Wednesday Reference & Loan Library
10:00 a.m. - noon 2109 S. Stoughton Road
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peg Branson, Continuing Education Consultant, at (608) 266-2413 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to
lori.slauson@dpi.state.wi.us or by writing to:
Lori Slauson
Administrative Rules & Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
