The Department licenses and inspects dairy farms under s. 97.22, Stats., and ch. ATCP 60, Wis. Adm. Code. Under s. 97.22 (2), Stats., the Department may adjust license fees by rule.
Staff time required:
The Department estimates that it will use approximately 0.5 FTE (full-time equivalent) staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. The Department will assign existing staff to develop this rule.
Agriculture, Trade & Consumer Protection
Subject:
Corn Marketing Order Assessment Rate. (Ch. ATCP 143)
DESCRIPTION OF POLICY ISSUES
Preliminary objective:
Increase the current corn marketing order assessment rate from one-tenth of one cent ($0.001) per bushel to one-half of one cent ($0.005) per bushel.
Preliminary policy analysis:
DATCP is authorized under ch. 96, Stats., to adopt marketing orders for agricultural commodities. Each marketing order and marketing order amendment must be approved in a referendum of affected agricultural producers and must be adopted as an administrative rule.
A marketing order requires producers of an agricultural commodity, such as corn, to pay an assessment specified in the marketing order. A marketing board elected by the producers spends assessment funds for market promotional purposes specified in the marketing order, subject to ch. 96, Stats., and DATCP rules.
DATCP created the corn marketing order (ch. ATCP 143) in 1983, with the approval of the state's corn producers. The Wisconsin Corn Growers Association has now asked the DATCP Secretary to amend the marketing order.
This rule would increase the current corn marketing order assessment rate from one-tenth of one cent ($0.001) per bushel on all corn grown in this state and sold into commercial channels, to one-half of one cent ($0.005) per bushel on all corn sold in this state. The increase would generate an additional $400,000 for market promotion, research, and education. The proposed assessment rate would be consistent with the rate in the adjoining corn-producing states of Iowa and Illinois.
Policy alternatives:
○ No change. DATCP could keep the marketing order assessment rate at the current level of $0.001 per bushel on all corn grown in this state and sold into commercial channels.
However, the Wisconsin Corn Growers Association, which represents a large number of corn growers in the state, has petitioned the Department for a higher assessment.
Statutory authority:
The Department proposes to amend s. ATCP 143.06 (1) under authority of ss. 96.05 and 96.08, Stats.
Staff time required to develop and adopt rule:
The Department would incur one-time costs of $35,000 to cover mailing, public communications, travel, and publication costs, and approximately 0.3 FTE (full-time equivalent) staff time to coordinate the rule amendment process, draft the rule, prepare related documents, hold public hearings, communicate with affected persons and groups, and conduct the referendum. The Wisconsin Corn Growers Association fully reimburses the Department for the cost of adoption.
Financial Institutions, Dept. of
Subject:
(Ch. Bkg 73)
DESCRIPTION OF POLICY ISSUES
Objective of the proposed administrative rule:
Adjustment service companies (ASC) are licensed under s. 218.02, Wis. Stats., to:
¶ Contract with debtors to formulate budgets;
· Pro-rate debtors' funds;
¸ Remit payments to creditors on the debtor's behalf; and
¹ Contact creditors on the debtor's behalf to seek reduction of the debt owed.
ASC's help individuals pay their debts, based on a budget worked out by the ASC in conjunction with the creditors. Many of these individuals are poor money managers and require budget counseling in order to satisfactorily meet their credit obligations. Under current law, an ASC may either receive a voluntary contribution from a creditor, or charge the debtor a fee to cover administrative costs. An ASC may not do both.
This change will allow ASC's to accept voluntary contributions from creditors as well as charge a fee to debtors to cover operational and administrative costs. This request is being made on behalf of the Consumer Credit Counseling Services (CCCS), which are non-profit agencies of the United Way of Wisconsin. Of the 17 ASC's currently licensed and regulated by the Department of Financial Institutions, 10 are CCCS's located throughout Wisconsin.
These agencies provide community education programs along with special programs designed for low income families, the unemployed, elderly and at-risk groups. A component of the CCCS's is to provide debt management and counseling to these groups. Due to funding cutbacks, the CCCS's have requested that they be allowed to accept voluntary contributions from the creditors, while being permitted to charge the debtors a minimal administrative fee.
Existing policy, potential policy implications and alternatives:
The reasoning behind this portion of the rule was to keep the net income of the ASC's within a certain parameter by limiting the amount of revenue that could be generated from counseling debtors. The proposed change is a reversal of the existing administrative rule; however, this is a needed policy revision.
○ The proposed change will not have an adverse impact on debtors, since the fee structure for the debtor remains intact. Under current law, this fee is limited to 10% of the amount of money paid to the licensee, to be distributed to a creditor or creditors or $120 in any calendar month, whichever is less. Furthermore, ASC's such as the CCCS have a policy of charging the administration fee only in cases where the debtor can afford the charge.
○ The proposed change will not have an adverse impact on creditors, since all donations or fees received by the ASC are strictly voluntary, and are capped at 15% of the funds disbursed to the individual creditor or creditors.
○ The proposed change will have an impact on the ASC's because they will now be able to accept funds from two sources (provided the creditor is willing to make a voluntary contribution, and the debtor has demonstrated the ability to pay the administrative fee). This may result in increased net income for these entities.
An alternative to implementing this proposed change would be to:
1) Raise the limit on the amount the ASC can charge a debtor;
or
2) Raise the limit a creditor may contribute; or
3) Require the creditor to contribute to the ASC.
These alternatives are not appropriate from a policy, fiscal and political perspective.
Given these considerations, the proposed administrative rule change should be adopted.
Statutory authority:
Statutory authority for this administrative rule change can be found under s. 218.02 (9), Wis. Stats.
Time estimates:
It is estimated that the total amount of time devoted to the creation and implementation of this rule will be less than 10 hours.
Health & Social Services, Dept. of
Subject:
S. HSS 211.03 (5) - Relating to tribal medical relief programs funded by block grants, successor to the Relief of Needy Indian Persons (RNIP) program.
DESCRIPTION OF POLICY ISSUES
Description of objective(s):
To bring the Department rules into conformity with a recent change made in s. 49.029 (3), Stats., by 1995 Wis. Act 216.
Description of policies -- relevant existing policies, proposed new policies and policy alternatives considered:
Before this statute change, s. 49.01 (2g), Stats., provided that the term “health care services,” for purposes of the new county and tribal relief block grant program, did not include services for persons with mental illness, a developmental disability, alcoholism or drug abuse, including inpatient and outpatient treatment services and emergency services. In other words, a tribal governing body administering a tribal medical relief program funded by a block grant could not use block grant funds to pay for those services.
The Department's administrative rules for the tribal medical relief programs, effective as emergency rules on January 1, 1996 and as permanent rules on June 1, 1996, reproduced the statutory definition of “health care services.”
Act 216 amended s. 49.029 (3), Stats., for just tribal governing body use of relief block grant funds, to state that notwithstanding the definition of “health care services” in s. 49.01 (2g), as created by Act 27, health care services provided by tribal governing bodies may include treatment services for alcohol and other drug abuse.
The Department will amend its definition of “health care services” for tribal governing bodies in s. HSS 211.03 (5), to include treatment services for alcohol and other drug abuse.
Statutory authority:
Section 49.029 (2), Stats., as created by 1995 Wis. Act 27.
Estimates of staff time and other resources needed to develop the rules:
Three hours.
Public Instruction, Dept. of
Subject:
Ch. PI 11
DESCRIPTION OF POLICY ISSUES
Describe the objective(s) of the proposed rule:
Wisconsin is required under state and federal law to provide a due process hearing system for the resolution of special education disputes between parents and school districts. 1996 Wis. Act 431 will significantly revise that process and will require the Department, rather than school districts, to conduct the due process hearings. Although the Act outlines the process, it does not fully describe the manner in which hearings are to be initiated, the manner in which hearing officers will be appointed, their qualifications and duties. The current rules addressing those issues will not apply under the new statutory process. It is, therefore, necessary to adopt a rule addressing these issues, so that the due process hearing system will remain available to parents and districts when the Act becomes effective.
Describe any existing relevant policies to be included in the administrative rule:
None. Appointment of hearing officers and conduct of hearings has occurred, pursuant to rule.
Describe any new policies to be included in the administrative rule:
None. Proposed rule outlines process for appointment of hearing officers and conduct of hearings under new statutory scheme, but does not incorporate any new “policies.”
Describe policy alternatives:
None. Rule must be changed to meet statutory requirements.
Statutory authority:
SS. 115.81 and 227.11 (2) (a)
Estimate of the amount of time/staff resources necessary to develop rule:
The amount of time needed for rule development by Department staff and the amount of other resources necessary is indeterminable. The time needed in creating the rule language, itself, will be minimal; however, the time involved with guiding the rule through the statutorily required rule promulgation procedures is fairly significant. The rule promulgation process takes more than 6 months to complete.
Revenue, Dept. of
Subject:
Registration and reporting requirements for sales and use tax purposes.
Administrative Code reference:
