This rule modifies Wisconsin's current corn marketing order, ch.
ATCP 143, Wis. Adm. Code. This rule increases marketing order assessments, and changes the coverage of the marketing order. This rule must be approved in a referendum of affected producers before it can take effect. Producers affected by the current marketing order or by the proposed changes will be eligible to vote in the referendum.
Background
Under ch.
96, Stats., the Department of Agriculture, Trade and Consumer Protection (DATCP) may adopt marketing orders for agricultural commodities. Marketing orders impose assessments on affected producers. Assessments may be used to finance market development, research and educational programs. Affected producers must, by referendum, approve the marketing order. A marketing board, elected by affected producers, collects and spends assessments for purposes authorized in the marketing order. DATCP regulates marketing boards to ensure that that they comply with the law and the marketing order.
Current Corn Marketing Order
DATCP adopted the current corn marketing order in 1983, and has not amended the marketing order since then. Under the current marketing order, “affected producers" must pay an assessment of 1/10th of one cent per bushel on corn produced in this state, if that corn is sold into commercial channels in this state or another state.
Handlers who buy corn from “affected producers" must collect the assessments from the producers, and remit payment on behalf of the producers to the Corn Marketing Board. Handlers must keep records, and report to each producer the assessments collected from that producer and remitted to the marketing board. “Affected producers" who sell corn to an out-of-state handler must pay assessments to the marketing board (if the out-of-state handler fails to collect and remit the assessments on behalf of the producers).
The Corn Marketing Board is a 9-member board elected by “affected producers" who are subject to assessment under the corn marketing order. “Affected producers" are currently defined as producers who grow corn in this state and sell that corn in commercial channels this state or another state. Members of the Corn Marketing Board are elected to represent 9 separate districts in the state. Board members must reside in the districts they represent (even if they grow corn in another district). “Affected producers" must reside in the district in which they vote (even if they grow corn in another district).
Proposed Changes
Increased Assessment
This rule increases the assessment paid by “affected producers" under the corn marketing order, from 1/10th of one cent per bushel (current assessment) to 1/2 cent per bushel (proposed assessment).
Producers Subject to Assessment
This rule changes the basis on which assessments are collected, and changes the set of producers who are subject to assessment. Under this rule, an “affected producer" must pay an assessment on corn that the producer sells in this state, regardless of where the corn is grown. As a result of this change, a producer who grows corn in this state for sale in another state will no longer pay assessments on that corn. A producer who grows corn in another state, for sale in this state, will for the first time pay assessments on that corn.
Exemptions
Current rules exempt some corn from assessment. This rule retains and clarifies the current exemptions. Under this rule, an affected producer is not required to pay assessments on any of the following:
• Corn that the producer produces for his or her own use (does not sell).
• Corn sold for seed.
• Corn sold directly to a buyer, other than a grain dealer who is required to be licensed under ch.
126, Stats., who uses the corn to feed the buyer's own livestock.
Handler Obligations
Under this rule, handlers in this state must collect assessments on grain that the handlers purchase in this state from in-state or out-of-state producers, and must remit those assessments to the marketing board on behalf of those affected producers. This rule clarifies that the handler's obligation to the marketing board accrues when the handler takes title to the grain, regardless of the date of grain pricing or payment, and regardless of the form in which the handler pays the affected producer for the grain.
Under this rule, as under the current rule, the handler must pay an assessment to the marketing board within 15 days after the end of the month in which the handler's obligation to the marketing board accrues. Under this rule, as under the current rule, DATCP or the marketing board may require the handler to provide relevant records and reports to DATCP or the marketing board.
Under this rule, as under the current rule, a handler must report to an affected producer each assessment that the handler collects from that producer. Handlers typically include these reports in their grain transaction settlement statements to producers. This rule clarifies that a handler who reports assessments as part of the normal settlement reporting process is not required to provide a separate annual statement to an affected producer.
Marketing Board Elections
This rule changes voter eligibility requirements in marketing board elections, to correspond with changes in marketing order coverage. Under this rule, all producers who are required to pay assessments to the marketing board will be eligible to vote in marketing board elections. Thus, in-state and out-of-state producers who pay assessments on corn that they sell in this state will be eligible to vote in marketing board elections, and run for election to the marketing board. Producers who grow corn in this state, but sell all of their corn in other states, will no longer pay assessments as “affected producers" and hence will not be eligible to participate in marketing board elections.
Under this rule, an “affected producer" may vote or run for election in a marketing board district in which the producer resides or, if the “affected producer" resides outside this state, in a district where the “affected producer" sells corn in this state. An out-of-state producer who sells corn in more than one district in this state may vote and run for election in only one of those districts.
This rule clarifies, per current provisions of ch.
ATCP 140, Wis. Adm. Code, that the marketing board may reapportion districts only with the approval of DATCP secretary. This rule clarifies, but does not substantially alter, other procedures for nominating, electing and ensuring the eligibility of marketing board members.
Fiscal Estimate
This rule would have no fiscal impact on DATCP or local units of government, beyond the estimated $24,000 cost of adopting the rule. The Wisconsin Corn Promotion Board (CPB) would reimburse this cost.
This rule would increase revenues to the Wisconsin Corn Promotion Board (CPB). The CPB currently collects approximately $183,000 per year in producer assessments. Under this rule, CPB would collect approximately $915,000 per year in producer assessments.
Initial Regulatory Flexibility Analysis
This rule would affect approximately 23,000 corn producers, and approximately 300 handlers who collect and remit marketing order assessments on behalf of corn producers. Many of these producers and handlers are “small businesses."
This rule would increase producer assessments, from an average current assessment of approximately $8 per producer per year to an average proposed assessment of approximately $40 per producer per year. Actual assessment amounts would vary by producer. Some producers who currently pay assessments would no longer pay assessments under this rule (producers who grow corn in this state but sell all of their corn out-of-state). Other producers would pay assessments for the first time under this rule (out-of-state producers who sell corn in this state).
This rule must be approved in a referendum of affected producers. Producers who are affected either by the current rule, or by the proposed rule, will be allowed to vote in the referendum. As under the current rule, any producer who pays assessments under the proposed rule would have the option of demanding a refund of those assessments from the CPB. The CPB would be required to refund producer assessments upon demand, as under the current rule.
This rule would not have a large impact on handlers, although the change in rule coverage could require some handlers to collect and remit assessments for a slightly different set of producers. This could require some initial adjustment in billing and recordkeeping operations.
Notice of Proposed Rule
Elections Board
[CR 03 -100]
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
8.02,
8.04,
8.05 (3) and
(4),
8.07,
8.10,
8.11,
8.15,
8.20,
8.30,
8.50 (3) (a) and
9.10, 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 rules as proposed in this notice without public hearing unless within 30 days after publication of this notice,
November 1, 2003, 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
The rules prescribe the standards for filing officers to determine whether nomination papers comply with the requirements of ch.
8 of the Wisconsin Statutes and provide guidance to candidates and other circulators to enable them to so comply. The old rule, requiring that the circulator reside in the district in which a nomination paper or petition was being circulated, was no longer consistent with the decision of Judge Barbara Crabb in
Frami et al. v. Ponto et al., United States District Court for the Western District of Wisconsin, Case No. 02-C-515-C. Pursuant to that decision, the Elections Board is enjoined from enforcing a residency requirement with respect to the circulators of nomination papers.
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Elections Board hereby amends ss. ElBd 2.05 (14) and 2.07 (5), interpreting ss.
8.02,
8.04,
8.05 (3) and
(4),
8.07,
8.10,
8.11,
8.15,
8.20,
8.30,
8.50( 3) (a) and 9.10, Stats., as follows:
Text of Rule
SECTION 1. ElBd 2.05 (14) is amended to read:
ElBd 2.05 (14) No signature on a nomination paper shall be counted unless the elector who circulated the nomination paper completes and signs the certificate of circulator and does so after, not before, the paper is circulated. No signature may be counted when the residency of the circulator cannot be determined by the information given on the nomination paper.
SECTION 2. ElBd 2.07 (5) is amended to read:
ElBd 2.07 (5) Where it is alleged that the signer or circulator of a nomination paper does not reside in the district in which the candidate being nominated seeks office, the challenger may attempt to establish the geographical location of an address indicated on a nomination paper, by providing district maps, or by providing a statement from a postmaster or other public official.
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 Street, P.O. Box 2973
Madison, Wisconsin 53701-2973; Phone 266-0136
Notice of Hearing
Wisconsin Employment Relations Commission
NOTICE IS HEREBY GIVEN that pursuant to ss.
111.09,
111.71,
111.94 and
227.24, Stats., and interpreting ss.
111.09,
111.71, and
111.94, Stats., the Wisconsin Employment Relations Commission will hold a public hearing in the Commission's Conference Room at 18 South Thornton Avenue in the City of Madison, Wisconsin on the
20th day of November, 2003, at 11:00 a.m. regarding the Commission's promulgation of the following emergency rules increasing filing fees.
The Commission invites the public to attend the hearing and to present verbal and/or written comments regarding the emergency rules. In addition to or instead of verbal testimony, written comments can also be sent directly to the Commission at
werc@werc.state.wi.us or at Wisconsin Employment Relations Commission, P.O. Box 7870, Madison, Wisconsin 53707-7870. Written comment should be received by the Commission on or before
December 1, 2003.
Text of Rule
SECTION 1. ERC 1.06 (1), (2) and (3) are amended to read:
ERC 1.06 Fees. (1) Complaints. At the time a complaint is received alleging that an unfair labor practice has been committed under s.
111.06, Stats., the complaining party or parties shall pay the commission a filing fee of
$40. $80. The complaint is not filed until the fee is paid.
(2) Grievance arbitration. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s.
111.10, Stats., the parties to the dispute shall each pay the commission a filing fee of
$125. $250.
(3) Mediation. At the time a request is received asking the commission or its staff to act as a mediator under s.
111.11, Stats., the parties to the dispute shall each pay the commission a filing fee of
$125. $250.
SECTION 2. ERC 10.21 (1), (2), (3), (4) and (5) are amended to read:
ERC 10.21 Fees. (1) Complaints. At the time a complaint is received alleging that a prohibited practice has been committed under s.
111.70(3), Stats., the complaining party or parties shall pay the commission a filing fee of
$40. $80. The complaint is not filed until the fee is paid.
(2)
Grievance arbitration. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s.
111.70 (4) (c) 2., or
(cm) 4., Stats., the parties to the dispute shall each pay the commission a filing fee of
$125. $250.
(3) Mediation. At the time a request is received asking the commission or its staff to act as a mediator under s.
111.70 (4) (c) 1. or
(cm) 3., Stats., the parties to the dispute shall each pay the commission a filing fee or
$125. $250.
(4) Fact-finding. At the time a request is received asking the commission to initiate fact-finding under s.
111.70 (4) (c) 3., Stats., the parties to the dispute shall each pay the commission a filing fee of
$125, $250, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid.
(5) Interest arbitration. At the time a request is received asking the commission to initiate interest arbitration under s.
111.70 (4) (cm) 6.,
(4) (jm) or
111.77 (3), Stats., the parties to the dispute shall each pay the commission a filing fee of
$125, $250, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid.
SECTION 3. ERC 20.21 (1), (2), (3) and (4) are amended to read:
ERC 20.21 Fees. (1) Complaints. At the time a complaint is received alleging that an unfair labor practice has been committed under s.
111.84, Stats., the complaining party or parties shall pay the commission a filing fee of
$40. $80. The complaint is not filed until the fee is paid.
(2) Grievance arbitration. At the time a request is received asking that the commission or its staff act as a grievance arbitrator under s.
111.86, Stats., the parties to the dispute shall each pay the commission a filing fee of
$125. $250.
(3) Mediation. At the time a request is received asking the commission or its staff to act as a mediator under s.
111.87, Stats., the parties to the dispute shall each pay the commission a filing fee of
$125. $250.
(4) Fact-finding. At the time a request is received asking the commission to initiate fact-finding under s.
111.88, Stats., the parties to the dispute shall each pay the commission a filing fee of
$125, $250, except that if the parties have previously paid a mediation filing fee for the same dispute under sub. (3), no fee shall be paid.
Analysis Prepared by the Wisconsin Employment Relations Commission
The emergency rules provide the increased filing fee revenue needed to support 2.0 Program Revenue positions authorized by
2003 Wisconsin Act 33.
Initial Regulatory Flexibility Analysis
Small businesses rarely use those Commission's services impacted by the increase in filing fees. The occasional impact on small business of the fee increase will be limited to payment of the employer share of the increased fees.
Fiscal Estimate
During the last four fiscal years, WERC has averaged $225,000 in filing fee revenue.
WERC estimates that doubling the existing filing fee levels will produce some reduction in the requests for WERC fee-related services but produce an additional $200,000 in fee revenues annually.
Because the vast majority of filing fee revenue is derived from services for which the union and employer each pay 50% of the fee and because the vast majority of the WERC's fee-related services are provided to public sector employers and the unions representing their employees, WERC anticipates that doubling the existing fees will increase the costs of public sector employers by $100,000 annually.
Contact Person
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.137 (4m) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider changes to ch.
DWD 59, relating to the child care local pass-through program.
Hearing Information
