Register

Jan--Cover_J31

Wisconsin

Administrative

Register

No. 481

Publication Date: January 31, 1996

Effective Date: February 1, 1996

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TOC_J31

T a b l e o f C o n t e n t s

1) NOTICE SECTION.
Agriculture, Trade & Consumer Protection:	Hearing to consider an emergency rule revising ch. ATCP 100, relating to price discrimination in milk procurement. (p. 5) Hearings to consider repealing and recreating ch. ATCP 50, relating to the Soil and Water Resource Management Program. (p. 6)
Chiropractic Examining Board:	Proposed amendment to s. Chir 9.03 (6), relating to chiropractic preceptors. (p. 16)
Corrections:	Hearings to consider revision to ch. DOC 328, relating to fees charged to probationers and parolees. (p. 17)
Development:	Hearing to consider the emergency rule revision of ch. DOD 13, relating to volume cap on private activity bonds. (p. 20)
Health & Social Services:	Community Services, Chs. HSS 30-- Hearing to consider revision of ch. HSS 73, relating to use of long-term community support fund for community-based residential facility (CBRF) residents. (p. 20) Hearings to consider the creation of ch. HSS 89, relating to assisted living facilities. (p. 21) Hearings to consider the revision of ch. HSS 90, relating to early intervention services for developmentally delayed children. (p. 22)
Health & Social Services:	Economic Assistance, Chs. HSS 200-- Hearings to consider amendment to ss. HSS 201.30 (1) and creation of s. HSS 201.303, relating to the AFDC Benefit Cap Demonstration Project. (p. 23) Hearing to consider revision to chs. HSS 211 and 230, relating to tribal medical relief program and county relief programs. (p. 23)
Industry, Labor & Human Relations:	Unemployment Compensation, Chs. ILHR 100-150 Hearings to consider revision to ch. ILHR 140, relating to unemployment insurance appeals. (p. 24)
Industry, Labor & Human Relations:	Worker's Compensation, Chs. Ind 80-85 Hearing to consider s. Ind 80.62, relating to the uninsured employers fund. (p. 25) Hearing to consider revision to s. Ind 80.60 (4), relating to self-insurance application fees. (p. 27)
Natural Resources:	Environmental Protection--Solid & Hazardous Waste, Chs. NR 500-- EP--Investigation & Remediation, Chs. NR 700-- Hearings on the creation of s. NR 518.02 (3) and revision to ch. NR 718, relating to remediation of soil contamination through landspreading. (p. 28)
Transportation, Dept. of:	Hearing to consider revision to ch. Trans 112, relating to medical standards for driver licensing. (p. 28)
2) EMERGENCY RULES NOW IN EFFECT.
Agriculture, Trade & Consumer Protection:	Rules relating to price discrimination in milk procurement. (p. 31)
Corrections:	Rules relating to supervision fees for probationers and parolees. (p. 31)
Development:	Rules relating to the Community-Based Economic Development Program. (p. 32) Rules relating to volume cap on private activity bonds. (p. 32)
Emergency Response Board:	Rules relating to a grant for local emergency planning committees. (p. 32)
Gaming Commission:	Rules relating to the conduct of raffles. (p. 33)
Health & Social Services:	Community Services, Chs. HSS 30-- Rules relating to treatment foster care for children. (p. 33) Rules adopted revising ch. HSS 73, relating to use of community long-term support funds for community-based residential facilities (CBRF) residents. [FIRST APPEARANCE] (p. 33)
Health & Social Services:	Health, Chs. HSS 110-- Rules relating to qualifications of ambulance service medical directors. (p. 33) Rules relating to estate recovery under aid programs. (p. 34) Rules relating to 3 pilot projects. (p. 34) Rules relating to lead poisoning prevention grants. (p. 35) Rules adopted creating s. HSS 110.05 (3m), relating to authorized actions of emergency medical technicians-basic. [FIRST APPEARANCE] (p. 35) Rules adopted creating ss. HSS 111.04 (2m) and 112.04 (3m), relating to authorized action of EMTs-intermediate and -paramedic. [FIRST APPEARANCE] (p. 35)
Health & Social Services:	Economic Support, Chs. HSS 200-- Rules adopted revising ch. HSS 230, relating to county relief programs funded by block grants. [FIRST APPEARANCE] (p. 36) Rules adopted revising ch. HSS 211, relating to tribal medical relief program. [FIRST APPEARANCE] (p. 36) Rules adopted revising ch. HSS 201, relating to a benefit cap pilot project under the AFDC program. [FIRST APPEARANCE] (p. 36)
Health & Social Services:	Youth Services, Chs. HSS 300-- Rules relating to aftercare conduct and revocation. (p. 37)
Industry, Labor & Human Relations:	Petroleum Products, Ch. ILHR 48 Rule relating to labeling of oxygenated fuels. (p. 37)
Industry, Labor & Human Relations:	Building & Heating, etc., Chs. ILHR 50-64 Multi-Family Dwelling, Ch. ILHR 66 Rules relating to multi-family dwellings. (p. 37)
Industry, Labor & Human Relations:	Barrier-Free Design, Ch. ILHR 69 Rule relating to accessible unisex toilet rooms. (p. 37)
Insurance, Commissioner of:	Rules relating to fees for listing agents and to the renewal of corporation licenses. (p. 38) Rules relating to credit life insurance. (p. 38) Rules adopted creating s. Ins 18.13 (5), relating to cost-containment rules. [FIRST APPEARANCE] (p. 38)
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Rules relating to the 1995 migratory game bird season. (p. 38)
Public Defender:	Rules relating to redetermination of indigency. (p. 39) Rules relating to repayment of cost of legal representation. (p. 39) Rules relating to payment of attorney fees. (p. 39)
Public Instruction:	Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 39) Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 39)
Regulation & Licensing:	Rules relating to license renewal when delinquent taxes exist. (p. 40)
Revenue:	Rules relating to assessment of agricultural property in 1996. (p. 40)
Transportation (Dept.):	Rule relating to the urban mass transit operating assistance program. (p. 40) Rule relating to motor vehicle inspection and maintenance program. (p. 41)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Public Instruction, Dept. of:	(CR 95-203) - SS. PI 35.03 and 35.06
Transportation, Dept. of:	(CR 95-197) - Ch. Trans 104
Transportation, Dept. of:	(CR 95-200) - Ch. Trans 310
Transportation, Dept. of:	(CR 95-201) - S. Trans 4.06 (4)
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Industry, Labor & Human Relations:	(CR 95-172) - Chs. Ind 72 and ILHR 272
Natural Resources:	(CR 93-203) - Ch. NR 203
Natural Resources:	(CR 95-76) - Chs. NR 700, 708, 712, 714, 716, 718, 720, 722 724, 726, 728, 738 and 750
Natural Resources:	(CR 95-100) - Ch. NR 50 and s. NR 190.09
Natural Resources:	(CR 95-132) - SS. NR 1.21, 1.212 and 1.213
5) FINAL REGULATORY FLEXIBILTY ANALYSES.
1. Agriculture, Trade & Consumer Protection:	(CR 94-175) - Ch. ATCP 81
2. Dentistry Examining Board:	(CR 95-54) - S. DE 12.01 (3)
3. Employe Trust Funds:	(CR 95-88) - Chs. ETF 10, 20 & 50
4. Health & Social Services:	(CR 95-79) - Ch. HSS 88
5. Transportation, Dept. of:	(CR 95-86) - Chs. Trans 136, 138, 139, 141, 142 & 154
6. Transportation, Dept. of:	(CR 95-137) - Ch. Trans 278
7. Transportation, Dept. of:	(CR 95-145) - Ch. Trans 276
6) EXECUTIVE ORDERS.
Executive Order 266:	Relating to a Special Election for the Twenty-First Assembly District.
Executive Order 267:	Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Officer Michael R. Baribeau of the Rice Lake Police Department.
Executive Order 268:	Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Trooper William J. Harris of the Wisconsin State Patrol.
Executive Order 269:	Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Sheriff Frederick C. Schram of the Richland County Sheriff's Department.

Notices_J31

N o t i c e S e c t i o n

Agriculture, Trade &
Consumer Protection
(Reprinted from Mid-January, 1996
Wis. Adm. Register)

Notice is hereby given that the state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on its emergency rule relating to price discrimination in milk procurement.

The emergency rule, which took effect on January 1, 1996, interprets s. 100.22, Stats., and amends ch. ATCP 100, Wis. Adm. Code.

Written Comments

The public is invited to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until February 14, 1996 for additional written comments, which may be sent to the address given below.

Copies of Rule

A copy of the emergency rule may be obtained, free of charge, from:

Division of Trade & Consumer Protection

Telephone [phone]

Dept. of Agriculture, Trade & Consumer Protection

2811 Agriculture Dr.

P.O. Box 8911

MADISON, WI 53708

Copies will also be available at the public hearing.

Hearing Information

The hearing is scheduled as follows:

February 1, 1996   Room 106

Thursday   State Agriculture Bldg.

Commencing at 10:00 a.m.   2811 Agriculture Dr.

Handicapped accessible   Madison, WI

An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter by contacting Judy Jung [phone] or by contacting the TDD at the Department at [phone].

Analysis by the Dept. of Agriculture, Trade & Consumer Protection

Statutory authority: ss. 93.07 (1), 93.15 and 97.20 (4)

Statutes interpreted: ss. 93.15, 97.20 and 100.22

This emergency rule prohibits a dairy plant operator from discriminating between milk producers in the amount paid for milk unless the discrimination is based on a difference in milk quality, is justified by a difference in procurement costs, or is justified in order to meet a competitor's price. This emergency rule establishes standards which a dairy plant operator must meet in order to establish a defense based on milk quality, cost-justification or meeting competition.

This emergency rule also spells out enforcement standards and procedures. The Department may require a dairy plant operator to file documentation justifying discriminatory prices, and may take enforcement action against an operator who fails to provide adequate justification. The Department may ask the Attorney General or a district attorney to prosecute a violator in court, and may take action against a violator's dairy plant license.

Each year, Wisconsin's 27,000 dairy farmers sell nearly $3 billion worth of milk to dairy plant operators. Milk sales represent the primary or exclusive source of income for thousands of Wisconsin farm families. Currently, many dairy plant operators appear to be discriminating between milk producers in the amount paid for milk. Many operators appear to be paying higher prices to large producers which cannot be fully justified on the basis of milk quality or differences in procurement cost. Discrimination in milk prices may injure small milk producers and competing dairy plant operators, and may contribute to unwarranted concentration in the dairy industry.

Section 100.22, Stats., currently prohibits a dairy plant operator from discriminating between milk producers in the amount paid for milk if the discrimination injures producers or competition. However, the law affords the following defenses:

* An operator may justify discriminatory prices based on measurable differences in milk quality. Milk quality premiums, if any, must be based on a pre-announced premium schedule which the operator makes available on equal terms to all producers. The operator must also comply with minimum testing requirements under s. ATCP 80.26.

* An operator may pay discriminatory prices if the operator can justify the price differences based on differences in procurement costs.

* An operator may pay discriminatory prices in order to “meet competition.”