Fiscal Estimate
The proposed rule interprets s. 100.22, Stats., relating to price discrimination in milk procurement. The rule:
○ Prohibits a dairy plant operator from discriminating between milk producers if 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 competition;
○ Establishes standards which a dairy plant operator must meet in order to establish a defense based on milk quality, cost-justification or meeting competition;
○ Spells out enforcement standards and procedures; and
○ Makes technical changes in current rules related to milk producer payroll statements.
This rulemaking will not increase DATCP's costs of administering this program, but will facilitate compliance and enforcement of s. 100.22, Stats. There will be a one-time cost of approximately $700 associated with printing, mailing and holding hearings on the rule.
Initial Regulatory Flexibility Analysis
This rule amends ch. ATCP 100, Wis. Adm. Code. Specifically, it repeals and recreates s. ATCP 100.75, relating to payroll statements of milk producers, and creates s. ATCP 100.76 (3m) and subchapter VI of ch. ATCP 100, prohibiting price discrimination in milk procurement.
This rule applies to approximately 180 dairy plants that purchase milk from Wisconsin's approximately 27,000 dairy farmers. Some of the dairy plants and virtually all of the dairy farmers are defined as “small businesses” under s. 227.114 (1) (a), Stats.
This 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. It establishes standards which a dairy plant operator must meet in order to establish a defense based on milk quality, cost-justification or meeting competition. Justification of discriminatory prices is already required by s. 100.22, Stats.
This 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.
This rule makes technical changes in existing rules related to milk producer payroll statements. These changes are intended to accommodate the multiple component pricing method used under federal milk marketing orders since January 1, 1996. Effective enforcement of s. 100.22, Stats., and this rule may result in a reduction of milk volume premiums to large dairy farmers, most of whom fall within the statutory definition of small businesses; however, effective enforcement may also result in increased payments to small dairy farmers, most of whom are also small businesses.
Dentistry Examining Board
Notice is hereby given that pursuant to ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 440.08 (2) (a) 25. and 26., 447.05 and 447.07 (3) (f), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Dentistry Examining Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice on February 15, 1996, the Dentistry Examining Board is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)
Statutes interpreted: ss. 440.08 (2) (a) 25. and 26., 447.05 and 447.07 (3) (f)
This proposed rule-making order of the Dentistry Examining Board makes remedial changes in its rules to bring three separate citations up to date. The statutory renewal date for licenses to practice dentistry and dental hygiene is October 1st of each odd-numbered year, as set forth in s. 440.08 (2) (a) 25. and 26., Stats. Accordingly, s. DE 2.03 (1) and (2) are amended to accurately reflect the renewal dates. Also, pursuant to s. DE 5.02 (18), dentists who purchase, administer or dispense controlled substances are required to comply with certain recordkeeping and inventory requirements. One of the cited requirements is set forth within the administrative rules of the Pharmacy Examining Board, which now is contained in s. Phar 8.02, as renumbered from s. Phar 6.02. This change necessitates an updating of the citation within s. DE 5.02 (18).
Text of Rule
SECTION 1. DE 2.03 (1) (intro.) and (2) are amended to read:
DE 2.03 Biennial renewal. (1) REQUIREMENTS FOR RENEWAL; DENTISTS. To renew a license a dentist shall, by September 30 October 1 of the odd-numbered year following initial licensure and every 2 years thereafter, file with the board:
(2) REQUIREMENTS FOR RENEWAL; DENTAL HYGIENISTS. A dental hygienist shall by September 30 October 1 of the odd-numbered year following initial licensure and every 2 years thereafter, meet requirements for renewal specified in sub. (1) (a) and (b).
SECTION 2. DE 5.02 (18) is amended to read:
DE 5.02 (18) Failing to maintain records and inventories as required by the United States department of justice drug enforcement administration, and under ch. 161, Stats., and s. Phar 6.02
8.02, Wis. Adm. Code.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Department of Regulation and Licensing
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
State Elections Board
Notice is hereby given that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss. 5.06 (1), (2) and (3), 5.62 (1) (b) and (2), 8.10 (6) (a), 8.15 (4) (b) and (8) (a), 8.16 (2) (a) and (c), 8.185 (2), 8.19, 8.20 (7), 8.21, 8.50 (3), 9.01 (1) (ar) 1. and (ar) 2., 9.01 (4), 9.10 (1) (a) and (d), 10.68, 10.72, 10.78, 10.80, 10.82, 11.05, 11.06 (7), 11.08, 11.16 (5), 11.20, 11.23, 11.31 (2m), 11.38 (1) (a) 2., 11.50 (2) and (12), and 11.66, Stats., and according to the procedures set forth in s. 227.16 (2) (e), Stats., the State of Wisconsin Elections Board will amend the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on February 15, 1996, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis
Statutory authority: ss. 5.05 (1) (f) and 227.11 (2) (a)
Statutes interpreted: ss. 5.06 (1), (2) and (3), 5.62 (1) (b) and (2), 8.10 (6) (a), 8.15 (4) (b) and (8) (a), 8.16 (2) (a) and (c), 8.185 (2), 8.19, 8.20 (7), 8.21, 8.50 (3), 9.01 (1) (ar) 1. and (ar) 2., 9.01 (4), 9.10 (1) (a) and (d), 10.68, 10.72, 10.78, 10.80, 10.82, 11.05, 11.06 (7), 11.08, 11.16 (5), 11.20, 11.23, 11.31 (2m), 11.38 (1) (a) 2., 11.50 (2) and (12), and 11.66
The rule identifies those documents which may be filed by facsimile (FAX) process with the State Elections Board or other filing officer, and be considered timely and those documents which may not. The amendment makes clear that documents may be filed by fax transmission with any elections or campaign finance filing officer, not just with the State Elections Board, as the rule may have been understood to read previously.
Text of Rule
SECTION 1. El Bd 6.04 is amended to read:.
El Bd 6.04 Filing documents by facsimile (FAX) process.
(1) DEFINITIONS. As used in this rule:
(a) “Document” means any form, statement, pleading or other writing which is required to be filed with the Elections Board filing officer.
(b) “Facsimile process” means the electronic transmission of a duplicate copy of a signed original document.
(c) “FAX” has the same meaning as facsimile process.
(d) “Filing officer” means the Elections Board or any other elections official with whom elections or campaign finance documents are required to be filed by chs. 5 to 12 of the Wisconsin Statutes.
(2) Nomination papers, recall petitions, and those campaign finance reports provided in ss. 11.20 and 11.50 (12), Stats., may not be filed with the Elections Board filing officer by facsimile process. Nomination papers and recall petitions shall not be considered filed with the Board filing officer until the signed original of each nomination paper and each recall petition is received in the offices of the Board
filing officer. Campaign finance reports which are provided in ss. 11.20 and 11.50 (12), Stats., and which are delivered by the U.S. Mails are considered filed with the Board filing officer when the report is postmarked. Campaign finance reports which are provided in ss. 11.20 and 11.50 (12), Stats., and which are not delivered by the U.S. Mails, are considered filed with the Board
filing officer when received in the Board's filing officer's offices.
(3) Except as provided in section (2) of this rule, where the Wisconsin Statutes or rules of the Elections Board require that a document be filed no later than a date certain, that document shall be considered timely filed if both:
(a) A duplicate copy of the document is received by the Board filing officer, in its offices, by facsimile process, no later than the day and hour at which the document is required to be filed and
(b) The signed original of the document is received at the offices of the Board filing officer with a postmark not later than the filing deadline; or the signed original is delivered to the Board filing officer not later than the filing deadline.
(4) Any document which is filed by facsimile process under this rule shall be considered received at the time of transmission as recorded and entered by the receiving equipment by the Board's filing officer's staff when the facsimile copy is delivered to the Board filing officer's offices.
(5) If, for any reason, transmission of a document is not received at the Board's filing officer's offices, whether because of a failure in the receiving system of the Board filing officer or because of a failure in the transmitting system of the person attempting to file or for any other reason, a document shall not be considered received or filed until a facsimile copy is delivered to and received at the Board's filing officer's offices and the signed original is received at the Board's filing officer's offices with a postmark not later than the filing deadline.
(6) The burden of establishing that a document has been received by facsimile process at the offices of the Board
filing officer shall be upon the person who, or the committee or group which, is required to file the document.
Initial Regulatory Flexibility Analysis
The amendment of this rule does not affect business.
Fiscal Estimate
The amendment of this rule has no fiscal effect.
Health & Social Services
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to ss. 146.50 (4) (c), (5) (b) and (d) 2., (6) (b) 2., (6n) and (13) (a) and (c) and 250.04 (7), Stats., the Department of Health and Social Services will hold public hearings to consider the repeal and recreation of ch. HSS 111, Wis. Adm. Code, relating to licensing of emergency medical technicians-intermediate (EMTs-intermediate), and ch. HSS 112, Wis. Adm. Code, relating to licensing of emergency medical technicians-paramedic (EMTs-paramedic), and the creation by emergency orders effective January 1, 1996, of ss. HSS 110.05 (3m), 111.04 (2m) and 112.04 (3m), relating to authorized actions of emergency medical technicians-basic (EMTs-basic), (EMTs-intermediate) and (EMTs-paramedic).
Hearing Information
The public hearings will be held:
March 1, 1996 Room 450
Friday North Central Tech. College
From 10 a.m. 1000 Campus Drive
to 2 p.m. WAUSAU, WI
March 8, 1996 Room 291
Friday Washington Square Off. Bldg.
From 10 a.m. 1414 E. Washington Ave.
to 2 p.m. MADISON, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Dept. of Health & Social Services
Actions that emergency medical technicians (EMTs) are authorized to carry out in providing emergency medical care in prehospital and interfacility settings were, until January 1, 1996, specified in s. 146.50 (6m), Stats. A recent session law, 1993 Wis. Act 251, repealed that statute effective that date and directed the Department to replace it with rules that specify what those actions are. The Department has separate chapters of rules for licensing EMTs-basic, EMTs-intermediate and EMTs-paramedic. All three were amended by emergency orders of the Department effective January 1, 1996, to add EMT authorized actions. Emergency rules were necessary because proposed revisions of the permanent rules, which included adding the EMT authorized actions, were not yet through the regular rulemaking process, and because if the EMT authorized action rules were not in effect by January 1, 1996, ambulance services would not be able to continue providing emergency medical services inasmuch as s. 146.50 (6n), Stats., provides that an EMT may undertake only actions that are authorized in the Department's rules.
These hearings are being held as required by ss. 227.16 to 227.18 and 227.24 (4), Stats., to receive public comment on the published emergency rule orders adding EMT authorized actions to chs. HSS 110, 111 and 112 and on proposed permanent rule orders that add the same authorized actions to ch. HSS 111 for EMTs-intermediate and ch. HSS 112 for EMTs-paramedic and in addition generally update those chapters at the request of the Emergency Medical Services Board under s. 146.58, Stats. The Department in October 1995 held public hearings to consider adding EMT authorized actions to ch. HSS 110 for EMTs-basic and generally updating ss. HSS 110.01 to 110.10.
The updating of chs. HSS 111 and 112 is intended to incorporate current medical practices and training requirements and to clarify, correct and improve rule language on the basis of experience with the rules, that were last generally revised in 1990 and 1991.
