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.
Fiscal Estimate
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.
(g) A list of all the states and municipalities in which the system has been approved for use and how long the equipment has been in use in those jurisdictions.
(2) The Board shall determine if the application is complete and notify the vendor in writing that the application is complete or detailing any insufficiencies.
(3) If the application is complete the vendor shall prepare the voting system for three mock elections using offices, referenda questions and candidates provided by the Board.
ELBD 7.02 AGENCY TESTING OF ELECTRONIC VOTING SYSTEM
(1) The Board shall conduct a test of the voting system to ensure that it meets the criteria set out in s.5.91 Stats.
(2) The test shall be conducted using a mock election for the partisan primary, the general election with both a presidential and gubernatorial vote and the nonpartisan election combined with a presidential preference vote.
(3) The Board may use a panel of local election officials and electors to assist in its review of the voting system.
(4) The Board may require that the voting system be used in an actual election as a condition of approval.
ELBD 7.03 CONTINUING APPROVAL OF ELECTRONIC VOTING SYSTEM
(1) The Board may revoke the approval of any existing electronic voting system if it does not comply with the provisions of this chapter.
(2) The vendor must keep the Board informed of all hardware, firmware and software changes and all jurisdictions using the voting system as a condition of maintaining the Board's approval for the use of the voting system.
(3) The vendor must, at its expense, escrow a copy of the programs, documentation and source code used for any election in the state with an agent approved by the Board.
(4) The electronic voting system must be capable of transferring the data contained in the system to an electronic recording medium pursuant to the provisions of s.7.23 Stats.
(5) The vendor shall ensure that election results can be exported on election night into a statewide database developed by the Board.
(6)The Board may provide for the exemption of any electronic voting system.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
132 E. Wilson St.
P. O. Box 2973
Madison, WI 53701-2973
Phone 266-0136
Notice of Hearing
Higher Educational Aids Board
Notice is hereby given that pursuant to ss. 39.28 (1) and 227.11, Stats., the Higher Educational Aids Board will hold a public hearing to consider the amendment of s. HEA 11.03 (3) and creation of s. HEA 11.03 (5), Wis. Adm. Code, relating to the eligibility criteria for participation in the Minority Teacher Loan Program, and the emergency rules now in effect on the same subject.
Hearing Information
The public hearing will be held:
Date and Time Location
October 28, 1999 Senate Hearing Room
Thursday Room #201 SE
9:00AM to 9:30AM State Capitol
Madison, WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Higher Educational Aids Board
Statutory Authority: ss. 39.28 (1) and 227.11 (2)
Statute Interpreted: s. 39.40
The 1989 Wis. Act 31 created s. 39.40, Stats., which provides for loans to minority students enrolled in programs of study leading to licensure as a teacher. The Wisconsin Higher Educational Aids Board (HEAB) administers this loan program under s. 39.40, Stats., and under ch. HEA 11. This rulemaking order expands program eligibility to allow students who were eligible to participate under this program in the past, when it was administered by a different system, to continue to be eligible to participate in the future. Students who are enrolled at least half time and students who do not show financial need will be able to participate in this program. Current rules require that a student be enrolled full time and show financial need to be considered for participation. The proposed revision will not affect expenditures of State funds for the Minority Teacher Loan Program.
Contact Information
To find out more about the hearing or to request copies of the proposed rules, write or call:
Jane Hojan-Clark
Higher Educational Aids Board
131 West Wilson St., 9th Floor
P. O. Box 7885
Madison, WI 53707-7885
Telephone (608) 264-6181
Written Comments
