(2) The new law applies to milk contractors, including dairy plant operators, producer agents and other milk handlers, who procure producer milk in this state. Under the new law, milk contractors must be licensed by the Wisconsin department of agriculture, trade and consumer protection (DATCP). Milk contractors must pay license fees and do one or more of the following:
(a) Contribute to Wisconsin's agricultural producer security fund, to help secure milk payments to milk producers.
(b) File security with DATCP.
(c) File financial statements with DATCP, showing that the contractor meets minimum financial standards specified in ch.
126, Stats.
(3) The new law regulates producer agents (who market milk and collect payment for milk producers, without taking title to the milk), but treats them differently than other milk contractors. Producer agents may have lower fund participation requirements, and may file smaller amounts of security, than other milk contractors. The program may provide correspondingly less compensation to producers if a producer agent defaults.
(4) It is important to clarify the following matters before the new law takes effect for milk contractors on May 1, 2002:
(a) The treatment of dairy plant operators who provide custom processing services to milk producers, without marketing or taking title to milk or dairy products.
(b) The treatment of producer agents. Under s.
126.51, Stats., DATCP must adopt rules for milk contractors who wish to qualify as producer agents under the new law.
(c) The treatment of persons who market only processed dairy products for milk producers, without procuring, marketing or processing raw producer milk.
(d) The method by which milk contractors calculate and report milk payment obligations, for the purpose of calculating fund assessments and security requirements under the new law.
(5) Under s.
126.81 (4), Stats., DATCP may require milk contractors to disclose their security and fund contribution status to milk producers. It is important for milk contractors to begin making these disclosures soon after the new law takes effect, so that producers can evaluate the financial risk associated with milk procurement contracts. Disclosures are important, because not all milk contractors are required to participate in the agricultural security fund or file security with DATCP.
(6) It is not possible, by normal rulemaking procedures, to adopt these essential clarifications and disclosure requirements by May 1, 2002. DATCP must, therefore, adopt them by emergency rule. This emergency rule is needed to implement the new law, to protect the financial security of milk producers, to preserve fair competition in the dairy industry, and to avoid unnecessary confusion and expense for dairy businesses.
Publication Date:
April 29, 2002
Effective Date:
April 29, 2002
Expiration Date:
September 26, 2002
Hearing Date:
May 16, 2002
Commerce
(Financial Assistance for Businesses and Communities)
(Chs. Comm 105-128)
Rules adopted revising ch. Comm 110 relating to brownfields redevelopment grants.
Finding of emergency
The Department of Commerce finds that an emergency exists and that adoption of the rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under section
3628 of
2001 Wis. Act 16, the Department must begin accepting applications from trustees and nonprofit organizations, for brownfields redevelopment grants. And, under section 3630 of the Act, the Department must begin disallowing use of the grant funds to pay either delinquent real estate taxes or lien claims of the Department of Natural Resources or the federal Environmental Protection Agency.
The Department's rules for administering the brownfields grant program are currently contained in ch.
Comm 110 Wis. Adm. Code. These current rules do not recognize trustees and nonprofit organizations as eligible applicants, and do not include disallowing grant funds for payments on either back taxes, or on state or federal lien claims.
In November, the Department expects to begin promulgating permanent rules for making ch.
Comm 110 consistent with Act 16. Due to the mandatory rulemaking procedures under ch.
227, Stats., the permanent rules are not expected to become effective until July 1, 2002. In order to comply with Act 16 by accepting applications and issuing grants for trustees and nonprofit organizations prior to then, emergency rules reflecting these changes are needed, as included herein. These emergency rules also address the above disallowance for grant proceeds, and include some minor updating of the ch.
Comm 110 criteria for submitting grant applications and for filing subsequent financial and program reports.
Pursuant to s.
227.24, Stats., this rule is adopted as an emergency rule to take effect upon publication in the official state newspaper and filing with the Secretary of State and Revisor of Statutes.
Publication Date:
October 27, 2001
Effective Date:
October 27, 2001
Expiration Date:
March 26, 2002
Hearing Date:
January 11, 2002
Extension Through:
May 24, 2002
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Rules adopted revising
s. NR 20.20 (73) (j) 4., relating to sport fishing for yellow perch in Lake Michigan and Lake Michigan tributaries.
Finding of emergency
The Department of Natural Resources finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
Yellow perch reproduction has been poor in Lake Michigan since 1990, leading to the closure of commercial fishing and severe limitations on sport fishing. Reproduction was moderately good in 1998, and reproduction by fish spawned in that year now provides the best hope for an early recovery of the population. This rule is needed to adequately protect fish spawned in 1998 during the 2002 spawning season.
Publication Date:
April 15, 2002
Effective Date:
April 15, 2002
Expiration Date:
September 12, 2002
Hearing Date:
April 8, 2002
Natural Resources
(Environmental Protection - General, Chs. NR 100—)
Rules adopted creating
ch. NR 109, relating to aquatic plant management.
Finding of emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. Many lake communities traditionally manage aquatic plants on the waters of the state to allow navigation and other beneficial recreational water use activities and to control invasive aquatic species. Without aquatic plant management, many bodies of water would be inaccessible due to excessive growth of invasive aquatic plants like Eurasian water milfoil and purple loosestrife and native aquatic plant communities would be threatened.
2001 WI Act 16 included new statutory language, s.
23.24, Stats., for the protection of native aquatic plant communities and control of invasive plant species. The new law prohibits a person from managing aquatic plants without a valid aquatic plant management permit issued under this chapter. This order is designed to allow beneficial aquatic plant management activities to continue on waters of state through the 2002 open-water, growing season. Normal rule-making procedures will not allow the establishment of these rules for the 2002 open-water, aquatic plant-growing season. Failure to create NR 109 will result in unnecessary threats to valued native aquatic plant communities by invasive species and loss of navigation and beneficial recreational activities on Wisconsin lakes, rivers and wetlands.
Publication Date:
May 10, 2002
Effective Date:
May 10, 2002
Expiration Date:
October 7, 2002
Pharmacy Examining Board
Rules adopted revising
chs. Phar 1 and 2, relating to a pharmacy internship program.
Finding of emergency
2001 Wis. Act 16 creates and amends rules relating to a pharmacy internship program.
Section 3608L of Wis. Act 16, Wis. Stats. s.
450.045, which had previously authorized a Pharmacy Internship Board to implement and oversee the practice of pharmacy in this state by pharmacy interns prior to receiving licensure from the Pharmacy Examining Board.
Section 2154 of Wis. Act 16 mandates that effective December 31, 2001, the repeal of Wis. Stats. s.
450.045 becomes effective. As of December 31, 2001, there will currently be pharmacy interns still serving internships in this state and additional pharmacy students beginning January 1, 2001, who will seek to begin an internship program. However, no standards or oversight will be in place by administrative rule of the Pharmacy Examining Board which is now charged with authority for the pharmacy internship process.
The administrative rule-making process will not allow rules to be in place as of January 1, 2002, without the use of the emergency rule procedure. The emergency rule is needed therefore to effect a transfer of oversight from the extinguished Pharmacy Internship Board to the Pharmacy Examining Board as of January 1, 2001.
Publication Date:
December 30, 2001
Effective Date:
January 1, 2002
Expiration Date:
May 31, 2002
Hearing Date:
February 12, 2002
Public Instruction
Rules adopted revising
ch. PI 35, relating to the Milwaukee parental choice program.
Finding of emergency
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
In the past, private schools that intended to participate in the Milwaukee parental choice program were required to submit to the state superintendent a notice of intent to participate by May 1,
2001 Wis. Act 16 changed the submission date of the notice from May 1 to February 1. The rules allow a private school to choose from a variety of student application periods. The student application period chosen by the private school must be indicated on its notice. Because the notice is due at the department by February 1, emergency rules must be in place as soon as possible.
Publication Date:
January 28, 2002
Effective Date:
January 28, 2002
Expiration Date:
June 27, 2002
Hearing Date:
April 9, 2002
State Treasurer
Rules adopted creating
ch. Treas 1 relating to the Wisconsin College Savings Program Board.
Exemption from finding of emergency
Analysis prepared by the Office of the State Treasurer
Statutes interpreted: s.
14.64 et seq., Stats.
The Wisconsin College Savings Program Board establishes a rule for the operation of the College Savings Program. The rule is designed to grant flexibility to program participants wherever possible, while enabling the State and its private-sector partners to administer the program in a manner that protects the program's financial integrity and viability. Maintaining eligibility as a “qualified tuition program" pursuant to section
529 of the Internal Revenue Code [
26 USC 529] is another primary objective. “529" programs are eligible for a number of federal tax benefits that are attractive to families saving for future college costs. Significant features of the rule are addressed below:
Sections
Treas 1.03,
1.04 and
1.05 describe who may open an account and how to open an account. Section
Treas 1.06 discusses designating a successor owner and describes how to change ownership of an account. Sections
Treas 1.07 and
1.08 define the account beneficiary and how to change the beneficiary on an account.
Section
Treas 1.09 details how to make contributions to an account, including minimum and maximum contribution limits, and how to “rollover" an account balance to another section 529 program. IRS requirements relating to investment direction are also detailed.
Sections Treas 1.11, 1.12 and 1.13 describe account withdrawals, distributions and refunds. Special circumstances are also provided for in these sections, such as the death or disability of the beneficiary or receipt of a scholarship by a beneficiary. Section Treas 1.14 sets forth conditions under which the Board may terminate an owner's account. Sections Treas 1.15 and 1.16 address related fees and penalties.
Publication Date:
January 7, 2002
Effective Date:
January 7, 2002
Hearing Date:
March 5, 2002
Workforce Development
(Unemployment Compensation, Chs. DWD 100-150)
Rules adopted amending
s. DWD 129.01 (1), relating to extension of the time period allowed for filing an initial claim for unemployment insurance benefits.
Exemption from finding of emergency
Pursuant to
2001 Wis. Act 35, s.
72 (2) (b), the Department is not required to provide evidence that promulgating this rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for this rule.
Analysis Prepared by the Department of Workforce Development
