The Public Service Commission of Wisconsin adopts an order to repeal ch.
PSC 98, Wis. Admin. Code, relating to rules adopted to meet all requirements in section 303.304 of the regulations of the Federal Price Commission in regard to increases in rates or charges of utilities, railroads, motor carriers, and carriers by water within the Public Service Commission's jurisdiction.
Analysis Prepared by the Public Service Commission
PSC Chapter
98 was created in Docket No. PC-1 on October 10, 1972. The rules were adopted to meet all requirements in section 303.304 of the regulations of the Federal Price Commission in regard to increases in rates or charges of utilities, railroads, motor carriers, and carriers by water within the Public Service Commission's jurisdiction. It was created in response to the creation of the Price Commission under the Economic Stabilization Act of 1970. The Price Commission was established by Executive Order No. 11627, 1971, by the Nixon Administration to stabilize prices. This was a time of freezes on the prices of all commodities and services offered for sale except the prices charged for raw agricultural products.
Present Status
The authority contained in the Economic Stabilization Act of 1970, as amended, to impose a system of mandatory wage and price controls expired on April 30, 1974, Executive Order No. 11781. Executive Order No. 11788 dated June 18, 1974, provided for the orderly termination of economic stabilization activities and in Section 10 revoked Executive Order No. 11627 of October 15, 1971. It also abolished the Cost of Living Council in Section 1.
Based upon this information there is not a need for the continued existence of Chapter
PSC 98.
Text of Proposed Rule
SECTION 1. Ch. PSC 98 is repealed.
Initial Regulatory Flexibility Analysis
The rules being repealed are not expected to affect small business as defined in s. 227.114 (1), Stats.
Fiscal Estimate
This repeal of this rule has no fiscal impact.
The Price Commission was established in 1970 under the Economic Stabilization Act of 1970. The Act was created to help stabilize prices. The authority contained in the Act to impose a system of mandatory wage and price controls expired April 30, 1974. There does not appear to be a need for the continued existence of the Chapter. Elimination of the chapter does not have any fiscal effect on state or local government.
Notice of Hearing
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room, at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Wednesday, June 7, 2006 at 10:00 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until noon on Tuesday, June 13, 2006 (noon on Monday, June 12, 2006 if filed by fax). All written comments must include a reference on the filing to docket 1-AC-211. File by one mode only.
Industry. File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.
Members of the public.
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov
If filing by mail, courier, or hand delivery: Use address as shown in the box on page 1.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet must state “Official Filing;" the docket number, 1-AC-211; and the number of pages, limited to 25 pages for fax comments.
Contact Person
Questions regarding this matter should be directed to Leon Swerin, Assistant General Counsel at (608) 267-3589. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Leon Swerin, as indicated in the previous paragraph, as soon as possible.
Notice of Hearing
Revenue
Notice is hereby given that, pursuant to s.
125.54 (7) (d), Stats., and interpreting s.
125.54 (7), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the creation of rules relating to
liquor wholesaler warehouse facilities.
Hearing Information
The hearing will be held at 9:00 A.M. on Tuesday, May 30, 2006, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than June 6, 2006, and will be given the same consideration as testimony presented at the hearing.
Contact Person(s)
Small Businesses: Others:
Tom Ourada Dale Kleven
Dept. of Revenue Dept. of Revenue
Mail Stop 624-A Mail Stop 6-40
2135 Rimrock Road 2135 Rimrock Road
P.O. Box 8933 P.O. Box 8933
Madison, WI 53708-8933 Madison, WI 53708-8933
Telephone (608) 266-8875 Telephone (608) 266-8253
Analysis by the Department of Revenue
Explanation of agency authority: Section
125.54 (7) (d), Stats., provides that the department shall promulgate rules to administer and enforce the requirements of s.
125.54 (7), Stats. It also provides that the department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under s.
125.54, Stats., and for periodic site inspections by the department of such warehouse facilities.
Plain language analysis: This proposed rule order requires that a liquor wholesaler warehouse facility described in a wholesalers' permit be a minimum of 4,000 square feet of floor space and be located in a free-standing building that is not part of or connected to a liquor retailer facility. It also requires permit-holding liquor wholesalers to retain invoices of their liquor purchases and complete a monthly inventory of their liquor stock. The invoices and inventory records must be kept at the warehouse facility described in the permit for two years, and must be open to inspection at all reasonable times by any representative of the department.
In addition to the requirements concerning liquor wholesaler warehouse facilities and liquor wholesalers, the rule requires the department to conduct a site inspection of the warehouse facility and a background investigation of the applicant before issuing a wholesalers' permit. It also requires the department to conduct periodic site inspections of warehouse facilities described in wholesalers' permits. Applications for wholesalers' permits must be processed by and site inspections of warehouse facilities must be conducted by department personnel generally familiar with activities of liquor wholesalers.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Summary of factual data and analytical methodologies:
2005 Wisconsin Act 25 created s.
125.54 (7), Stats., which establishes requirements for liquor wholesaler warehouse facilities and the activities of liquor wholesalers. Within the provisions of s.125.54 (7), Stats., is a requirement that the department promulgate rules to:
Administer and enforce the requirements for liquor wholesalers and liquor wholesaler warehouse facilities.
Ensure coordination between the department's issuance and renewal of wholesalers' permits and its enforcement of the requirements for liquor wholesalers and liquor wholesaler warehouse facilities.
Require that all applications for issuance or renewal of wholesalers' permits be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers.
Establish minimum requirements for warehouse facilities on premises described in wholesalers' permits and for periodic site inspections by the department of such warehouse facilities.
In consultation with the liquor wholesaler industry, the department has created this proposed rule order to satisfy the above requirements.
Analysis and supporting documents used to determine effect on small business: Section
125.54 (7), Stats., was created to establish minimum requirements in order to prevent liquor wholesalers who are not bona fide from operating in Wisconsin. Based on its consultation with the liquor wholesaler industry, the department understands that all of the bona fide liquor wholesalers currently operating in Wisconsin meet the requirements set forth in this proposed rule order. Based on this, the department has concluded that this proposed rule order does not have a significant effect on small business.
Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.
Effect on small business: This proposed rule order does not have a significant effect on small business.
Agency contact person: Please contact Dale Kleven at (608) 266-8253 or
dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to the contact person shown below no later than one week after the public hearing on this proposed rule order is conducted. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
SECTION 1. Tax 8.63 is created to read:
Tax 8.63 Liquor wholesaler warehouse facilities. (1) MINIMUM REQUIREMENTS FOR WAREHOUSE FACILITIES. The premises described in a permit issued under s.
125.54, Stats., shall be a minimum of 4,000 square feet of floor space and shall be located in a free-standing building that is not part of or connected to a premises covered by a retail license or permit issued under s.
125.51, Stats.
(2) PURCHASES BY A WHOLESALER. Every permittee under s.
125.54, Stats., shall retain invoices covering all purchases of intoxicating liquor stored at the premises described in the permit for a period of 2 years from the date of the invoice. Such invoices shall be retained on the premises described in the permit and shall be open to inspection at all reasonable times by any representative of the department.
(3) INVENTORY RECORDS. Every permittee under s.
125.54, Stats., shall complete a written inventory listing the entire stock of intoxicating liquor stored at the premises described in the permit as of the close of business on the last day of every month. A copy of the inventory listing shall be retained on the premises described in the permit for 2 years from the date the inventory is completed and shall be open to inspection at all reasonable times by any representative of the department.
(4) INSPECTIONS OF WAREHOUSE FACILITIES. Before issuing a permit under s.
125.54, Stats., the department shall conduct a site inspection of the premises described in the permit application to determine if such premises meets the minimum requirements described in sub. (1). The department shall also conduct periodic site inspections of premises described in permits issued under s.
125.54, Stats. Site inspections shall be conducted by department personnel generally familiar with activities of intoxicating liquor wholesalers.
(5) BACKGROUND INVESTIGATIONS OF APPLICANTS. Before issuing a permit under s.
125.54, Stats., the department shall conduct a background investigation to determine that the applicant is qualified to hold the permit. The background investigation shall be limited to obtaining information that is necessary to enable the department to verify that the applicant meets the eligibility requirements described in s.
125.54 (2), Stats.
(6) PROCESSING OF PERMITS BY THE DEPARTMENT. All applications for issuance or renewal of permits under s.
125.54, Stats., shall be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers. The issuance and renewal of permits shall be done in coordination with the enforcement of the requirements of s.
125.54 (7), Stats., including the inspections under sub. (4) and the background investigations under sub. (5).
The rules contained in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (2) (intro.), Stats.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Impact
The proposed rule will not have a significant fiscal effect.
Notice of Hearing
Transportation
