An order creating s. Trans 102.22, relating to commercial driver's license (CDL) waivers for snowplow operators employed by local units of government with populations of less than 3000.
Effective 11-01-96.
Workforce Development (CR 96-36):
An order affecting chs. HSS 201 and 206, relating to participation of Aid to Families with Dependent Children (AFDC) applicants and recipients in the Pay for Performance (PFP) demonstration project.
Effective 11-01-96.
rules_published Rules Published In This Wis. Adm. Register
The following administrative rule orders have been adopted and published in the September 30, 1996 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Administration (CR 95-233):
An order creating ch. Adm 25, relating to the Information Technology Investment Fund.
Effective 10-01-96.
Agriculture, Trade & Consumer Protection (CR 95-190):
An order repealing and recreating ch. ATCP 42, relating to commercial feed.
Effective 10-01-97.
Agriculture, Trade & Consumer Protection (CR 96-9):
An order affecting ch. ATCP 100, relating to payroll statements to milk producers and price discrimination in milk procurement.
Effective 10-01-96.
Elections Board (CR 96-28):
An order creating s. El Bd 1.655, relating to source identification in polls or other political communications.
Effective 10-01-96.
Health & Family Services (CR 96-26):
An order affecting chs. HFS 34 and 61, relating to standards for emergency mental health service programs.
Effective 10-01-96.
Insurance, Commissioner of (CR 96-45):
An order affecting ss. Ins 17.01, 17.26 and 17.28, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1996, future medical expense attachment point changing from $25,000 to $100,000.
Effective 10-01-96.
Medical Examining Board (CR 96-27):
An order amending s. Med 10.02 (2) (q), relating to unprofessional conduct.
Effective 10-01-96.
Natural Resources (CR 94-183):
An order repealing and recreating ch. NR 113, relating to servicing septic or holding tanks.
Effective 01-01-97.
Natural Resources (CR 95-107):
An order affecting ss. NR 812.09 and 812.33, relating to fiberglass pressure tank use in private wells.
Effective 10-01-96.
Natural Resources (CR 95-195):
An order creating ch. NR 48, relating to applications to withdraw lands entered as county forest.
Effective 10-01-96.
Natural Resources (CR 95-222):
An order creating subch. VII of ch. NR 51, relating to administration of Heritage State Park and Forest Trust grants.
Effective 10-01-96.
Physical Therapists Affiliated Credentialing Board (CR 96-52):
An order repealing and recreating s. PT 3.01 (4), relating to temporary licenses to practice physical therapy.
Effective 10-01-96.
Public Instruction (CR 96-59):
An order affecting ch. PI 19, relating to education for school age parents.
Effective 10-01-96.
Public Instruction (CR 96-60):
An order affecting ch. PI 3, relating to teacher licenses.
Effective 10-01-96.
Public Instruction (CR 96-61):
An order affecting ch. PI 32, relating to AODA programs.
Effective 10-01-96.
State Fair Park Board (CR 94-80):
An order affecting chs. SFP 1 to 7, relating to penalties for violations revising the bond deposit schedule, creating new definitions, and creating new requirements for conduct at the State Fair Park, including personal conduct.
Effective 10-01-96.
Transportation (CR 96-88):
An order affecting ch. Trans 107, relating to driver licensing of persons with chemical abuse or dependency problems.
Effective 10-01-96.
University of Wisconsin System (CR 96-31):
An order affecting ss. UWS 18.02 and 18.06, relating to conduct on university lands.
Effective 10-01-96.
Final Regulatory Flexibility Analyses
1.   Administration (CR 95-233)
Ch. Adm 25 - Information technology investment fund.
Summary of Final Regulatory Flexibility Analysis:
Pursuant to s. 227.114, Stats., the proposed rules is not expected to impact on small businesses.
Summary of Comments:
No comments were reported.
2.   Agriculture, Trade & Consumer Protection
(CR 95-190)
Ch. ATCP 42 - Commercial feed.
Summary of Final Regulatory Flexibility Analysis:
The rule is not expected to have a significant economic impact on small business.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Agriculture, Transportation, Utilities and Financial Institutions on June 19, 1996 and the Assembly Committee on Agriculture on June 3, 1996. the Department received no comments from either committee.
3.   Agriculture, Trade & Consumer Protection
(CR 96-9)
Ch. ATCP 100 - Producer payroll statements and price discrimination in milk procurement.
Summary of Final Regulatory Flexibility Analysis:
This rule repeals and creates s. ATCP 100.75, Wis. Adm. Code, so that payroll statement requirements will be consistent with the new “multiple component pricing” methods. Effective January 1, 1996, federal milk marketing orders provide for a new method of payment called “multiple component” pricing, and establish new requirements for reporting pricing information to producers. This rule also spells out alternate payroll statement requirements for dairy plant operators who continue to use the traditional “straight fat” or “3.5% butterfat differential” pricing methods. This rule does not add to current rule requirements, but merely makes technical changes to the requirements to be consistent with the various methods that dairy plant operators may use to pay their milk producers.
The rule also creates s. ATCP 100.76 (3m) and subch. VI of ch. ATCP 100, to interpret the provisions of s. 100.22, Stats., which prohibits price discrimination in milk procurement. These rule sections apply 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.
Subchapter VI of this rules prohibits discrimination in the amount paid for milk between milk producers 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. The rules spells out what the dairy plant operator must do to show that price differences were based on differences in milk quality, cost-justified differences in procurement costs or meeting competition. Justification of price differences between producers is already required by s. 100.22, Stats.
This subchapter also spells out enforcement standards and procedures. The department may require a dairy plant operator to file documentation justifying alleged discriminatory prices, and may take enforcement against an operator who fails to provide adequate justification. The department may ask the attorney general or a county district attorney to prosecute a violator in court, and may take action against a violator's dairy plant license.
Effective enforcement of s. 100.22, Stats., and this rule may result in reduced payments of milk volume premiums to the state's larger dairy farmers, most of whom fall within the definition of small businesses. However, effective enforcement may also result in increased payments to smaller dairy farmers, most of whom are small businesses.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.