Wisconsin
Administrative
Register
No. 485
Publication Date: May 14, 1996
Effective Date: May 15, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 13.
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Agriculture, Trade & Consumer Protection:
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Rules relating to price discrimination in milk procurement. Rules adopted creating s. ATCP 21.15, relating to potato late blight. [FIRST APPEARANCE]
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Corrections:
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Rules relating to supervision fees for probationers and parolees.
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Development:
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Rule relating to the community block grant program.
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Emergency Response Board:
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Rules relating to a grant for local emergency planning committees. Rules relating to a fee for transporting hazardous material.
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Employment Relations (Dept.):
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Rule relating to rate of pay as a result of voluntary demotions by employes subject to layoff.
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Gaming Commission:
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Rules relating to simulcasting fees.
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Health & Social Services:
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Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children.
Rules relating to use of community long-term support funds for community-based residential facilities (CBRF) residents.
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Health & Social Services:
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Health, Chs. HSS 110--
Rules relating to 3 pilot projects.
Rules relating to lead poisoning prevention grants.
Rules relating to authorized actions of emergency medical technicians-basic.
Rules relating to authorized action of EMTs-intermediate and -paramedic.
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Health & Social Services:
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Economic Support, Chs. HSS 200--
Rules relating to county relief programs funded by block grants.
Rules relating to tribal medical relief programs.
Rules relating to a benefit cap pilot project under the AFDC program.
Rules relating to the pay for performance program.
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Industry, Labor & Human Relations:
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Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings.
Rules delaying energy efficiency revision to chs. ILHR 50-64 and 66.
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Industry, Labor & Human Relations:
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Unemployment Compensation, Ch. ILHR 100-150
Rule relating to a limited waiver of work search requirement.
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Insurance, Commissioner of:
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Rules relating to cost-containment rules.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to sturgeon spearing in Lake Winnebago.
Rules relating to deer hunting permits.
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Revenue:
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Rules relating to assessment of agricultural property in 1996.
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Transportation (Dept.):
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Rule relating to the federal section 18 program.
Rules relating to seed potato overweight permits.
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Scope Statements.
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Pages 14 to 17.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 77 - Relating to evaluation of laboratories that analyze milk and water.
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Industry, Labor & Human Relations:
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Chs. ILHR 50 to 64 and 66 - Relating to ventilation and energy conservation.
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Insurance:
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S. Ins 2.80 - Relating to life insurance.
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Insurance:
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S. Ins 6.59 - Relating to exempting certain attorney from passing the title examination prior to licensing.
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Insurance:
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Ch. Ins 51 - Relating to risk based capital requirements for insurers.
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Natural Resources:
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Ch. NR 20 - Relating to Sturgeon spearing on Lake Winnebago.
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Natural Resources:
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S. NR 20.035 - Relating to special size and bag limits for waters within the Lac du Flambeau reservation..
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Natural Resources:
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Chs. NR 103, 299 & 504 - Relating to landfill location, performance and design criteria, and request Board approval to develop guidance and proceed with the development of a mitigation and mitigation banking program for department regulatory programs.
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Transportation (Dept.):
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Ch. Trans 105 - Relating to licensing of driver schools and instructors.
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Transportation (Dept.):
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Ch. Trans 117 - Occupational driver's license.
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Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 18.
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Industry, Labor & Human Relations:
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Chs. ILHR 63 & 64 - Relating to ventilation and energy conservation.
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Natural Resources:
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Ch. NR 233 - Relating to regulation of effluent limitations and pretreatment standards for the pesticide chemicals industry.
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Natural Resources:
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Ch. NR 235 - Relating to regulations of effluent limitations and pretreatment standards for the organic chemicals, plastics and synthetic fibers industry.
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Revenue:
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S. Tax 11.83 - Relating to the Wisconsin sales and use tax treatment of motor vehicles.
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Revenue:
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Ch. Tax 18 - Relating to assessment of agricultural property.
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Transportation (Dept.):
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Chs. Trans 276 - Relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
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Notice Section.
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Pages 19 to 30.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to chs. ATCP 10, 11 and 12, relating to farm-raised deer, tuberculosis control and poultry disease reporting requirements.
Hearings to consider emergency rules revision to chs. ATCP 10, 11 and 12, relating to farm-raised deer, tuberculosis control and poultry disease reporting requirements.
Hearing to consider s. ATCP 21.15, relating to potato late blight.
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Banking:
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Hearing to consider a revision of ch. Bkg 76, relating to sales finance companies.
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Educational Approval Board:
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Hearing to consider a revision of ch. EAB 5, relating to postsecondary educational institutions.
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Health & Social Services:
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Health, Chs. HSS 110--
Hearing to consider revision of ch. HSS 122, relating to long-term care providers.
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Industry, Labor & Human Relations:
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Building & Heating, etc., Chs. ILHR 50 to 64
Multifamily Dwellings, Ch. ILHR 66
Hearing to consider revision to the ventilation and energy conservation portions of chs. ILHR 50 to 64 and 66.
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Industry, Labor & Human Relations:
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Unemployment Compensation, Chs. ILHR 100-150
Hearings to consider s. ILHR 127.035, relating to limited waiver of work search requirement.
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Revenue:
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Proposed revision of s. Tax 2.47, relating to apportionment of net business incomes of interstate motor carriers.
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Transportation (Dept.):
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Hearings to consider revision of ch. Trans 276, relating to operation of double bottom trucks on certain highways.
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Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 31.
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Chiropractic Examining Board:
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State Emergency Response Board:
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Gaming Commission:
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Health & Social Services:
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Health & Social Services:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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( CR 96-22) - SS. NR 10.01, 10.02, 10.106, 10.145, 10.27, 10.29 & 10.40
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Nursing:
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Regulation & Licensing:
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Regulation & Licensing:
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Regulation & Licensing:
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Tourism:
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Transportation (Dept.):
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Administrative Rules Filed With the Revisor of Statutes Bureau.
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Page 32.
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Health & Social Services:
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Health & Social Services:
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Health & Social Services:
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Industry, Labor & Human Relations:
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Industry, Labor & Human Relations:
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Public Instruction:
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Regulation & Licensing:
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E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Milwaukee Journal Sentinel. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT (2)
Department of Agriculture, Trade & Consumer Protection
1. Rules were adopted amending ch. ATCP 100 (note) and creating s. ATCP 100.76 (3m) and subchapter VI of ch. ATCP 100, relating to price discrimination in milk procurement.
FINDING OF EMERGENCY
1) Each year, Wisconsin's approximately 27,000 dairy farmers sell approximately $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.
2) 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.
3) Recently, discrimination in milk prices has reached historic highs, with some dairy plants paying volume premiums of up to 70 cents to 90 cents per hundredweight. In order to pay volume premiums at this level, a dairy plant operator must reduce the price paid to other producers. This affects the livelihood of many smaller milk producers, and may affect their ability to continue farming.
4) The state of Wisconsin Department of Agriculture, Trade and Consumer Protection is responsible for enforcing s. 100.22, Stats., which prohibits dairy plant operators from discriminating between milk producers in the prices paid to those producers. However, a dairy plant operator may defend a discrimination in prices if the operator can prove that the discrimination is based on differences in milk quality, is justified on the basis of differences in procurement costs, or is justified in order to meet competition.
5) The Department recently completed a survey of dairy plant pricing programs. The Department presented the survey results to the Board of Agriculture, Trade and Consumer Protection on November 14, 1994. The survey suggests that many dairy plant operators are paying discriminatory prices which cannot be justified on the basis of differences in milk quality or procurement costs. Many of the surveyed dairy plant operators claimed that their discriminatory prices were justified in order to meet prices offered by competitors. Many operators stated that they were willing to reduce their discriminatory payments to levels that could be cost-justified if their competitors would do the same. But compliance by an individual dairy plant operator may put that operator in an untenable competitive position unless the operator's competitors also comply.
6) Enforcement of s. 100.22, Stats., is hampered by the lack of clear standards in the law. For example, there are no clear standards of cost-justification or “meeting competition.” Currently, there are no rules interpreting s. 100.22, Stats. Clarifying rules would facilitate compliance and enforcement.
7) Effective January 1, 1996, federal milk marketing orders will be modified to incorporate a new system of milk component pricing. Dairy plant operators will be making changes to their payment schedules and computer programs in order to implement the new component pricing system. Although the marketing order changes do not address the issue of discrimination in milk pricing, they provide an opportunity for all dairy plant operators to modify their pay programs to comply with s. 100.22, Stats. Simultaneous compliance by dairy plant operators would minimize competitive losses by individual dairy plant operators who choose to comply.
8) In order to promote prompt and effective compliance with s. 100.22, Stats., and to minimize continuing harm to dairy plant operators and smaller milk producers, it is necessary to adopt rules interpreting s. 100.22, Stats., before January 1, 1996. Failure to adopt rules by January 1, 1996 will reduce the chance of securing industry-wide compliance with s. 100.22, Stats., and may therefore result in continuing harm to milk producers and competition.
9) The Department cannot adopt interpretive rules by normal rulemaking procedures by January 1, 1996. Pending the adoption of rules by normal rulemaking procedures, it is therefore necessary to adopt emergency rules to protect the public welfare.
Publication Date:
January 1, 1996
Effective Date:
January 1, 1996
Expiration Date:
May 30, 1996
Hearing Date:
February 1, 1996
2. Rules were adopted creating s. ATCP
21.15, relating to potato late blight.
FINDING OF EMERGENCY
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection finds, pursuant to s. 224.24 (1), Stats., that an emergency rule is necessary to preserve the public peace, health, safety or welfare. The following circumstances justify the emergency rule:
1) In recent years, new forms of the highly virulent “Irish potato famine” fungus, Phytophthora infestans, have caused increasingly devastating losses to potato and tomato growers in the United States and Canada. The fungus causes a disease of potato plants which is commonly known as “late blight.”
2) The National Association of State Departments of Agriculture reports that late blight epidemics in 1992, 1993 and 1994 were the worst in decades, and that some individual farm losses have amounted to hundreds of thousands of dollars in a single year. The University of Wisconsin estimates that Wisconsin growers lost up to $10 million in 1994 and $6 million in 1995 due to late blight.
3) The potato industry is one of Wisconsin's most important agricultural industries. In 1995, Wisconsin was the 3rd leading state in the nation in potato production. Cash receipts to Wisconsin potato growers totalled over $150 million in 1995. Potatoes are an important food source for the people of Wisconsin and other states. Potato production also supports important processing and distribution industries in Wisconsin. The uncontrolled spread of late blight would have a devastating impact on Wisconsin potato growers, and would seriously affect the public health, safety and welfare.
4) Late blight appears on potato plant leaves, stems and tubers. It causes foliar lesions which are followed by severe defoliation in wet weather. It can also reduce marketable yield by directly infecting and rotting potato tubers. Once late blight appears, it spreads rapidly and can cause total crop loss.
5) Late blight fungal spores can be carried to other plants by many things, including wind, rain, machinery, workers, wildlife and infected seed potatoes. The University of Wisconsin reports that spores can be transported over 25 miles by storms.
6) There are very few registered fungicides in the United States that are effective in controlling the new forms of late blight fungus.
7) Because of the lack of registered fungicides, and the ease with which the late blight fungus spreads, potato growers must mitigate the spread of the disease by removing sources of the overwintering inoculum. Among other things, potato growers must properly dispose of potato cull piles and potato plants which germinate from waste potatoes.
8) If individual potato growers fail to implement necessary cultural practices to mitigate the spread of late blight, that failure will have a potentially devastating impact on other growers and on the Wisconsin potato industry as a whole.
9) In order to ensure that growers take adequate steps to mitigate the spread of late blight, it is necessary to adopt rules that spell out critical problems and establish sanctions for growers who fail to comply. Because of the imminent threat of harm to the potato industry, rules are urgently needed prior to the 1996 planting and growing season.
10) Under normal rulemaking procedures, it is not possible for the Department to adopt rules prior to the 1996 planting and growing season. Pending the adoption of permanent rules, the following emergency rules are needed to protect the public health, safety and welfare, and to mitigate the spread of late blight during the 1996 planting and growing season.
Publication Date:
May 1, 1996
Effective Date:
May 1, 1996
