In Wisconsin, grain dealers (persons who purchase grain from producers), grain warehouse keepers (persons who store grain that is owned by others), milk contractors (persons who purchase milk from producers, and vegetable contractors (persons who purchase vegetables from producers for use in processing), must obtain a license to do these activities and are collectively referred to as “contractors". Most contractors are “contributing contractors", which means they must pay annual assessments into the Wisconsin Agricultural Producer Security Fund. This fund is designed to help partially reimburse producers in the event that a contractor defaults on payment to producers. The annual assessments are calculated based on the total dollar value of commodities purchased or stored, the length of time that the contractor has participated in the fund, and certain financial ratios from the contractor's balance sheet.
All else equal, a contractor who purchases small amounts will pay lower assessments than one who purchases large amounts. All else equal, a contractor who is in a conservative financial position will pay lower assessments than one who carries higher levels of liabilities relative to their assets or equity. All else equal, a contractor who has participated in the fund for more than five years will pay lower assessments than one who has participated for less than five years. The annual assessment, calculated from the factors discussed above, vary considerably from one contractor to another. An annual assessment may be as low as $100, or as high as several hundred thousand dollars.
The grain dealer and grain warehouse keeper license years begin on September 1 of each year. At that point, DATCP calculates the assessment for the new license year that will be due in four quarterly payments over the course of that year. Calculations are based on purchase data and financial statement data for the grain dealer or grain warehouse keeper's most recently completed fiscal year and annual financial statement.
For the license years that will begin on September 1, 2011, a very unusual combination of business financing and recent high commodity prices has lead to unusually high assessment calculations for one grain company. In fact, if the existing rule remains unmodified, there will be one individual elevator that will be charged over $1.2 million in assessments (for both grain dealer and grain warehouse combined). This is roughly four times greater than the previous highest annual assessment and roughly six times higher than the second highest annual assessment in the grain (dealer and warehouse combined) producer security fund program. Further, this potential assessment for next license year is more than double the highest assessment that has ever occurred in the milk contractor portion of the fund. This is significant because the dollar amount of a large milk contractor's annual purchase of milk tends to be much higher the dollar amount of a large grain dealer's annual purchase (or store) of grain.
In the majority of cases, the assessment calculation formulas reasonably charge contractors for the overall risk that they pose to the fund in the event that they should default on amounts owed to producers. However, at least in the short term, this is not true for this one elevator. DATCP will analyze whether or not it is appropriate for this emergency rule to also be promulgated as a permanent rule, and if so, begin a separate rulemaking process at a later date.
This temporary emergency rule is necessary to protect the welfare of the many hundreds of grain farmers who do business with this grain elevator, and to help prevent major disruptions in the grain industry.
Publication Date:
September 2, 2011
Effective Dates:
September 2, 2011 through
January 29, 2012
Hearing Date:
October 5, 2011
Children and Families
Exemption From Finding of Emergency
Section
14m (b) of
2009 Wisconsin Act 335 provides that the department is not required to provide evidence that promulgating a rule under s.
48.625 (1g), Stats., as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency.
Section 14m (b) also provides that notwithstanding s.
227.24 (1) (c) and
(2), Stats., an emergency rule promulgated under s.
48.625 (1g), Stats., remains in effect until the permanent rules promulgated under s.
48.625 (1g), Stats., take effect.
Publication Date:
September 2, 2010
Effective Dates:
September 2, 2010 through
the date permanent rules
become effective
Hearing Date:
October 21, 2010
Employment Relations Commission
These emergency rules were approved by the governor on September 13, 2011.
The statement of scope for this rule, SS
004-11, was approved by the governor on July 20, 2011, published in
Register 667, on July 31, 2011, and approved by the Wisconsin Employment Relations Commission as required by s.
227.135 (2) on August 15, 2011.
Finding of Emergency
Publication Date:
September 15, 2011
Effective Dates:
September 15, 2011 thru
February 12, 2012
Hearing Date:
February 2, 2012
(See the Notice this Register)
Insurance (2)
The statement of scope for this rule, SS
027-11 Ch.
Ins 18, was approved by the governor on September 30, 2011, published in
Register No. 670, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011. The emergency rule was approved by the governor on November 3, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Portions of Wisconsin's insurance law and regulations governing grievances and independent review processes are in conflict with federal law and regulation following the amendment of
42 USC 300gg 19 (a) and (b), as implemented by
45 CFR 147.136, as amended. Therefore, the Commissioner, pursuant to s.
631.01 (5), Stats., has determined that it is in the interest of the State of Wisconsin, Wisconsin insureds and the public to exempt insurers, certified independent review organizations and self-insured governmental health plans that elect to comply with ch.
Ins 18, Wis. Adm. Code, as revised, from being required to comply with provisions contained in s.
632.83 and
632.835, Stats., that are inconsistent with
42 USC 300gg-19 (a) and (b), and
45 CFR 147.136 et seq., as amended.
Facts constituting the emergency arise from the desire for the State of Wisconsin to retain jurisdiction and regulatory control over the grievance and the independent review processes and independent review organizations operating in the state. The Secretary of the US Department of Health and Human Services issued interim final regulations and guidance, most recently released late June 2011. The regulations require states that desire to retain regulatory oversight of the grievance and independent external review processes, to demonstrate compliance with the federal internal appeal and external review laws and regulations to the Center for Consumer Information and Insurance Oversight (“CCIIO"). The Commissioner received notice on July 29, 2011, from CCIIO that Wisconsin's current regulatory oversight is not compliant.
The Commissioner has requested reconsideration of that initial determination, however, to ensure retention of regulatory oversight of the grievance and independent external review processes revisions to ch.
Ins 18, Wis. Adm. Code, must be made and be applicable for claims arising on or after January 1, 2012. Assembly Bill 210 has been introduced, a bill that repeals inconsistent provisions in accordance with federal requirements, but it is unlikely that AB 210 will be enrolled within the reconsideration timeframe. Therefore the Commissioner is proposing this emergency rule to comply with the federal requirements in order to retain regulatory jurisdiction of grievance and independent review processes.
Publication Date:
November 16, 2011
Effective Dates:
November 16, 2011 through April 13, 2012
Repealed by EmR1119: December 29, 2011
The emergency rule was approved by the governor on December 27, 2011.
The statement of scope SS
045-11 was approved by the governor on December 1, 2011, and published December 14, 2011 in
Register No. 672. The Statement of Scope was signed by Commissioner Nickel on December 24, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Emergency Rule 1117 (
EmR1117), was effective November 16, 2011 and is to be first applicable on January 1, 2012.
EmR1117 contained provisions modifying Wisconsin's insurance regulations governing grievances and independent review processes to comply with federal law provisions of
42 USC 300gg 19 (a) and (b), as implemented by 45 CR 147.136, as amended. It has been determined that this may not be in the best interest of the state.
The proposed emergency rule will repeal
EmR1117 in its entirety and maintain Wisconsin's prior existing regulations and oversight of the grievance and independent review process. To avoid full implementation of
EmR1117 and industry and consumer confusion, the Commissioner has determined that this emergency rule must be effective prior to January 1, 2012.
Publication Date:
December 29, 2011
Effective Dates:
December 29, 2011 through May 26, 2012
Hearing Date:
January 26, 2012
(See the Notice this Register)
Justice (2)
emergency_rules EmR1114
1.
EmR1114 — Rule to create
Chapter Jus 17 and
Chapter Jus 18, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
020-11, was approved by the governor on August 31, 2011, published in
Register No. 669, on September 14, 2011, and approved by Attorney General J.B. Van Hollen on September 26, 2011.
Finding of Emergency
Under section
101 of
2011 Wis. Act 35, most of the provisions of that Act — including the provisions governing the licensing and certification processes covered by the rules proposed here and the provisions authorizing the carrying of a concealed weapon by the holder of a license, an out-of-state license, or a certification card — will have an effective date of November 1, 2011. In particular, s.
175.60 (9), Stats., will require DOJ to begin receiving and processing license applications and issuing or denying licenses as soon as that provision takes effect on November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system to take effect on November 1, 2011.
DOJ cannot comply with the requirements of s.
175.60 (9), Stats., and related statutory requirements until it has in effect administrative rules establishing the procedures and standards that will govern DOJ's enforcement and administration of those requirements. It follows that, in order for DOJ to meet its statutory duties that take effect on November 1, 2011, it must complete the promulgation of such administrative rules prior to that date.
Under the non-emergency rulemaking procedures of ch.
227, Stats., before the proposed rules could be promulgated, numerous notice, hearing, and publication requirements would have to be fulfilled — including, but not limited to a public hearing on the proposed rules, preparation of a detailed report including a summary of public comments and DOJ's responses to those comments, and legislative review of the proposed rules. DOJ has determined that it is impossible for all of the required steps in that non-emergency rulemaking process to be completed by November 1, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s.
227.24, Stats., can the requisite rules be promulgated and in effect in time for DOJ to meet its statutory duties that take effect on November 1, 2011. The public welfare thus necessitates that the proposed rules be promulgated as emergency rules under s.
227.24, Stats. Once the proposed emergency rules have been promulgated, DOJ will promptly follow up with the promulgation of a permanent version of the rules under the full rulemaking procedures.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through March 29, 2012
Suspended in Part: November 9, 2011
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
009-11, was approved by the governor on August 4, 2011, published in
Register No. 668, on August 31, 2011, and approved by Attorney General J.B. Van Hollen on September 12, 2011.
Finding of Emergency
Section
100 (1) of
2011 Wis. Act 35 expressly authorizes and requires DOJ to use the emergency rulemaking procedures of s.
227.24, Stats., to promulgate the emergency rule required under s.
165.25 (12), Stats., and further provides that DOJ is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through March 29, 2012
Natural Resources (6)
Fish, Game, etc., Chs.
NR 1—
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
September 29, 2010
Effective Dates:
September 29, 2010 through See bold text above
Hearing Date:
October 25 to 29, 2010
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
November 3, 2010
Effective Dates:
November 3, 2010 through
See bold text above
Hearing Date:
November 29, 2010
Exemption From Finding of Emergency
Section
227.24 (1) (a), Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under Ch.
227, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a), Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s. 23.22 (2) (b) 6., Stats., takes effect.
Publication Date:
December 13, 2010
Effective Dates:
December 13, 2010 through
See bold text above
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.
Publication Date:
July 2, 2011
