Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Rule Submittal Date
On September 10, 1999, the State Elections Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The proposed rule creates ss. ElBd 7.01 to 7.03, relating to approval, testing and revocation of approval of electronic voting systems.
Agency Procedure for Promulgation
The Elections Board intends to promulgate the proposed rule order without a public hearing, pursuant to s. 227.16 (2) (e), Stats.
If you have questions regarding this rule, you may contact:
George A. Dunst, Legal Counsel
State Elections Board
132 East Wilson St.
P.O. Box 2973
Madison, WI 53701-2973
Telephone (608) 266-0136
N o t i c e S e c t i o n
Notice of Hearings
Agriculture, Trade & Consumer
▶ (Reprinted from Mid-September, 1999 Wis. Adm. Register.)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 105, Wis. Adm. Code, relating to sales below cost. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until November 5, 1999, for additional written comments.
A copy of this rule and the proposed amendments may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708, or by calling (608)224-4928. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by September 30, 1999 either by writing to Kevin LeRoy, 2811 Agriculture Drive, PO Box 8911, Madison WI 53708-8911, (608/224-4928), or by contacting the message relay system (TDD) at 608/224-5058. Handicap access is available at the hearings.
October 11, 1999 Marathon Co. Public Library
Monday 300 North 1st St.
1:00 pm until 4:00 pm Wausau, WI
October 12, 1999 Wisconsin Department of
Tuesday Agriculture, Trade & Consumer
1:00 pm until 4:00 pm Protection
2811 Agriculture Drive
October 14, 1999 Department of Corrections
Thursday Room 129
1:00 pm until 4:00 pm State Office Building
141 Northwest Barstow St.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: s. 93.07(1)
Statute Interpreted: s. 100.30
This rule interprets s. 100.30, Stats., which prohibits sales of motor fuel and other merchandise below cost. The term “cost" is extensively defined in s. 100.30, Stats., and DATCP rules under ch. ATCP 105, Wis. Adm. Code. But neither the statute nor the current rules define “selling price."
Under s. 100.18(8), Stats., persons selling motor vehicle fuel at retail must post the retail sale price on the motor fuel pump. But many sellers now offer discounts such as customer loyalty discounts, fleet discounts, volume discounts, preferred payment method discounts and other incentives that may affect the ultimate sale price.
This rule clarifies how a seller's retail motor fuel “selling price" is calculated, for purposes of s. 100.30, Stats. Under this rule, the retail “selling price" of motor vehicle fuel is the selling price which the seller is required to post under s. 100.18(8), Stats., less any discounts offered by the seller that are fully earned and determinable at the time of sale, except that discounts based soley on the purchaser's method of payment or receipt of credit do not reduce the “selling price" of motor vehicle fuel for purposes of s. 100.30, Stats.
The department does not expect this rule to have any fiscal impact on the department or local governments.
Initial Regulatory Flexibility Analysis
The proposed additions to ATCP 105, Wis. Adm. Code do not have a significant effect on small business. The proposed rule is a presentation of the department's interpretation of how preferred payment method discounts effect whether or not gasoline was sold below cost.
Chapter ATCP 105 interprets s. 100.30, Stats. (sometimes referred to as “The Unfair Sales Act" or “The Minimum Markup Law"). This statute prohibits retailers, wholesalers and refiners of motor vehicle fuel from selling products below cost. The term “cost" is substantially defined in both the statute and the current rule. However, there are no provisions in either the satute or current rule that provide interpretations on how businesses are to determine the selling price of their products.
This rule specifies that discounts, credits or rebates that are tied to the payment method do not reduce the selling price of motor vehicle fuel. The rule also specifies that discounts, credit or rebates offered to the customer that are not tied to the payment method must be considered as a reduction in the selling price of motor vehicle fuel.
Notice of Proposed Rule
State Elections Board
Notice is hereby given that pursuant to ss.5.05(1)(f), 5.93, and 227.11(2)(a), Stats., and interpreting ss.5.76, 5.77(2), 5.90, 5.91, 5.92, and 7.23, Stats., and according to the procedure set forth in s.227.16(2)(e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, on October 1, 1999, 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 Prepared By State Elections Board
Statutory authority: ss.5.05(1)(f), s.5.93 and 227.11(2)(a)
Statutes interpreted: ss.5.76, 5.77(2), 5.90, 5.91, 5.92, and 7.23
The rule interprets ss.5.76, 5.77(2), 5.90, 5.91, 5.92, and 7.23, Stats. The rule establishes a procedure for approval of electronic voting systems for use in Wisconsin elections under s.5.91, Stats.; and a procedure for revocation of approval of electronic voting equipment if the system ceases to ceases to comply with s.5.91, Stats., or with this chapter. The rule also codifies the method used to test electronic equipment for compliance with s.5.91, Stats.
Section 5.91 of the Wisconsin Statutes prohibits the use of any electronic voting system in a Wisconsin election until that system has been approved by the Elections Board. The Board has determined that the procedure for approval of voting equipment should be codified in a rule. The Board will now require an application for approval and that application must be accompanied by allied documentation. The voting equipment will have to follow a prescribed testing procedure demonstrating that the equipment complies with the criteria of s.5.91, Stats. The rule also provides that approval may be revoked if the equipment ceases to meet the criteria of s.5.91, Stats., or to meet other requirements set forth in the rule. The rule applies to any electronic voting system that has not been approved by the Board as of the effective date of the rule.
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.5.05(1)(f), 5.93, and 227.(11)(2)(a), Stats., the Elections Board hereby creates Rule ElBd 7.01, 7.02 and 7.03 interpreting ss.5.76, 5.77(2), 5.90, 5.91, 5.92, and 7.23, Stats., as follows:
SECTION 1. ElBd 7.01, 7.02 and 7.03 are created to read:
ELBD 7.01 APPLICATION FOR APPROVAL OF ELECTRONIC VOTING SYSTEM
(1) An application for approval of an electronic voting system shall be accompanied by the following:
(a) A signed agreement that the vendor shall pay all costs incurred by the Board, its designees and the vendor related to approval of the system;
(b) Complete specifications for all hardware, firmware and software;
(c) All technical manuals and documentation related to the system;
(d) Complete instruction materials necessary for the operation of the equipment and a description of training available to users and purchasers;
(e) Reports from an independent testing authority accredited by the National Association of State Election Directors (NASED) demonstrating that the voting system conforms to all the standards recommended by the Federal Elections Commission;
(f) A signed agreement that the vendor shall immediately notify the Board of any modification to the voting system and the vendor will not offer for use, sale or lease any modified voting system if the Board notifies the vendor the modifications require that the system be approved again.