All of the surrounding states charge license fees to food and dairy businesses. License structure and fees vary between states. Differences in license fees are partly related to differences in general tax dollar support for food and dairy programs in different states.
Minnesota
Minnesota has a license and fee structure that is similar to, but not identical to, Wisconsin's structure:
Dairy Fees – Minnesota
|
Grade A pasteurizing plant
|
$500
|
Grade A farm
|
$50
|
Grade A farm reinspection fee
|
$45
|
Manufacturing plant
|
$140 per pasteurizer unit
|
Manufactured farm
|
$25
|
Manufactured farm reinspection fee
|
$45
|
Processor assessment
|
$.07 per cwt for fluid milk products sold for retail sale in Minnesota
|
Farm bulk milk pick-up tanker
|
$25
|
Milk procurement fee
|
$.0071 per cwt of raw milk purchased
|
Food Fees – Minnesota
|
Retail food handler
|
$50-$2,001 based on sales volume
|
Wholesale food handler
|
$57-$1,502 based on sales volume
|
Food broker
|
$150
|
Wholesale food processor or manufacturer
|
$169-$2,571 based on sales volume
|
Michigan
Michigan has a license and fee structure that is similar to, but not identical to, Wisconsin's structure:
Dairy fees – Michigan
|
Milk plant
|
$175
|
Farms sending milk to plant
|
$5-$10
|
Receiving or transfer station
|
$50
|
Milk tank truck cleaning facility
|
$50
|
Milk transportation company
|
$20
|
Milk tank truck
|
$10
|
Grade A milk distributor
|
$50
|
Single service container and closure plant
|
$50
|
Bulk milk hauler/sampler
|
$40 for 2 years
|
Food Fees – Michigan
|
Retail food establishment
|
$70
|
Limited wholesale food processor
|
$70
|
Food warehouse
|
$70
|
Extended retail food establishment
|
$175
|
Wholesale food processor
|
$175
|
Mobile food establishment
|
$175
|
Temporary food establishment
|
$28
|
Bottled water manufacturer
|
$25 for each product registered and $25 for each water dispensing machine
|
Iowa
Iowa has a license and fee structure that is similar to, but not identical to, Wisconsin's structure:
Dairy Fees – Iowa
|
Milk plant
|
$2,000 for 2 years
|
Transfer station
|
$400 for 2 years
|
Receiving station
|
$400 for 2 years
|
Milk hauler
|
$20 for 2 years
|
Milk grader
|
$20 for 2 years
|
Bulk milk tanker permit
|
$50 for 2 years
|
Reinspection fee
|
$40
|
Resealing pasteurizer fee
|
$100 per reseal
|
Purchaser of milk fee - Grade A
|
$.015 per cwt of raw milk purchased
|
Purchaser of milk fee - Grade B
|
$.005 per cwt of raw milk purchased
|
Food Fees – Iowa
|
Mobile food unit or pushcart
|
$20
|
Temporary food establishment
|
$25
|
Food establishment
|
$30-$225 based on sales volume*
|
Food service establishment
|
$50-$225 based on sales volume*
|
Food processing plant
|
$50-$250 based on sales volume
|
Egg handler
|
$15-$250 based on cases sold
|
*If one establishment must hold both a food establishment and a food service establishment license, each license fee is 75% of the established fee.
Illinois
Illinois has a license and fee structure that is substantially different from the Wisconsin structure:
Dairy Fees – Illinois
|
Milk plant permit
|
$100
|
Receiving or transfer station
|
$50
|
Cleaning and sanitizing facility
|
$50
|
Milk hauler-sampler
|
$25
|
Milk tank truck
|
$25
|
Certified pasteurizer sealer
|
$100
|
Illinois does not license or charge fees to non-dairy food establishments, except that Illinois charges the following fees to the following establishments:
Food Fees
|
Salvage Operator
|
$100 plus inspection fee based on size
|
Bottled water manufacturer or distributor
|
$150
|
Egg handlers, distributors and breakers
|
$15-$200 plus inspection fee per case of eggs sold
|
Notice of Hearing
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats., the State Elections Board will hold a public hearing at the offices of the State Elections Board, located at 17 W. Main Street, in the City of Madison, Wisconsin, on the
11th of June, 2007, at 9:30 a.m., to consider adoption of emergency rule s. ElBd 3.50, relating to charges for voter registration data.
Analysis Prepared by the State Elections Board
Statute(s) interpreted: ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.
Related statute(s) or rule(s): s.
19.35, Stats.
Explanation of agency authority: This amended rule interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats. The rule requires that persons who request copies of information or data from the Statewide Voter registration System must pay, for each such copy, a charge calculated under the provisions of the rule according to the schedule established by the rule.
At the present time, the Elections Board is limited, in the fee that it can charge for information provided by the Statewide Voter registration System, to the fee set by s.
19.35 (3), Stats.: “the actual, necessary and direct cost of reproduction and transcription of the record." In order to recover both the cost of reproduction and the cost of maintaining the list at the state and local level, rather than having its charge be limited to the amount currently provided under the public records law, the Board needs an immediate rule reflecting both cost components required by the new statute.
The Elections Board finds that under Section 180 of the non-statutory provisions of
2005 Wisconsin Act 451, in subsection (4), the Elections Board may promulgate emergency rules under s.
227.24, Stats., implementing s.
6.36 (6), Stats., as created by Wisconsin Act 451. Notwithstanding s.
227.24 (1) (c) and
(2), Stats., emergency rules promulgated under sub. (4) remain in effect until the date on which permanent rules take effect. Notwithstanding s.
227.24 (1) (a) and
(3), Stats., the elections board is not required to provide evidence that promulgating a rule under sub. (4) as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under sub. (4).
Plain language analysis: The rule provides the methods by which the Elections Board staff will calculate the pricing to fulfill requests for voter registration data that are contained within the Statewide Voter Registration System.
Summary of, and comparison with, existing or proposed federal regulations: The federal government does not have a voter registration system and does not provide voter registration data for which it could exact a charge.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all have voter registration data systems which collect a charge for data comparable to Wisconsin's.
Summary of factual data and analytical methodologies: The legislature has directed the board to calculate a cost of data and record reproduction and a cost of list maintenance and build those costs into its charges for copies of voter registration data and records. Those are the only data or methodology that affects the rule.
Effect on small business: The rule will have no effect on small business or economic impact.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
Submission of Comments and Deadline for Submission
Comments should be submitted to:
State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136 (elections.state.wi.us)
Deadline for submission: June 4, 2007.
Text of Rule
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 creates s. ElBd 3.50, interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.:
SECTION 1. ElBd 3.50 is created to read:
ElBd 3.50 Charges for voter registration data.
(1) Definitions. As used in this rule:
(a) “Custom report" means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made.
(b) “Election official" has the same meaning as provided in s.
5.02 (4e), Stats.
(c) “Official registration list" has the same meaning as provided in s.
6.36, Stats.
(d) “Protected information" means any information that is protected from general public disclosure by ss.6.36(1)(b)1.a., and 6.47, Stats.
(e) “Report" means a defined list of related voter registration data records generated from the Statewide Voter Registration System.
(g) “Voter registration data" means data contained in the official registration list.
(h) “Voter registration data record" means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.
(2) The official registration list shall be open to public inspection consistent with the requirements of ss.
6.36,
6.45 through
6.47, and ss.
19.31 through
19.36, Stats.
(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.
(4) The charge for reports in electronic format is a $25 base fee per report plus $5 for the first 1,000 voter registration data records in the report, plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.
(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.
(6) Any request for a report or custom report submitted to the State Elections Board shall either be made in writing by the requester or shall be reduced to writing by the board's staff. Any request by the board for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the board's staff.
(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The cost of a copy of a poll list provided by a municipal or county clerk shall be a fee determined by that clerk not to exceed the cost of reproduction.
(8) The state elections board, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.
(9) If a request for voter registration data requires a custom report, and the elections board staff determines that it can produce the report, the cost of producing the custom report charged to the requester shall be calculated by the board's staff on a case-by-case basis and shall include, in addition to the costs articulated in subs. (4) or (5), including any applicable costs of handling and mailing, costs of reproduction, including programming costs; and the costs of maintenance of the SVRS as authorized by s.
6.36 (6), Stats. Requests fulfilled under this subsection are not subject to the maximum charge limitations in sub. (4).
(10) The fees received from requests for voter registration data will remain with the municipality, county, or the State Election Board, whoever produces and provides the report.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.45 (10) and
227.11 (2), Stats., and interpreting s.
49.46 (2) (b) 1., Stats., the Wisconsin Department of Health and Family Services proposes to repeal ss.
HFS 107.07 (1) (k) and
(2) (a) 5. and
107.22 (4) (a) and
(b), and to amend ss.
HFS 107.07 (2) (a) (intro.),
(3) (intro.) and
(a) 3.,
(4) (intro.) and
(j) and
(4m), and
107.22 (4) (intro.), relating to benefits covered by the Wisconsin Medical Assistance program, and affecting small businesses.
Hearing Date(s) and Location(s)
Date and Time
|
Location
|
June 12, 2007
10:00 a.m. to 12:00 noon
|
1 West Wilson Street Room B-370
Madison, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Comments and Deadline for Submission
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on
June 19, 2007.
Analysis Prepared by the Department of Health and Family Services
The Department is revising rules to clarify circumstances under which the Wisconsin Medicaid program will reimburse providers for orthodontia and certain other services provided to recipients under age 21. In
Clearinghouse Rule 05-033, the prior authorization requirement was removed for most procedures that had high rates of approval (greater than 75%). The change was intended to reduce the staff time required for dental offices to process prior authorization requests. The Department did not intend to remove the requirement for prior authorization for orthodontia and other services. In
Clearinghouse Rule 05-033, the Department specifically stated that “Procedures where appropriate pricing requires a high degree of clinical knowledge (e.g., orthodontics and TMJ surgery), and procedures with strict time limitations (e.g., dentures) are also proposed to retain prior authorization." The adopted language, however, has been interpreted by at least one dentist to mean that prior authorization is no longer required to provide orthodontia to recipients. This interpretation was upheld by an administrative law judge in an administrative hearing. Because the intent of the Department and the language adopted, as recently interpreted, had opposite effects, the Department intends to revise rules to clarify the Department's intent to require prior authorization for orthodontia and other services provided under early and periodic screening, diagnosis and treatment (EPSDT) services.
A basic concept of the Medicaid program is that services must be medically necessary to be reimbursable. The medical necessity of these services is determined by the Department based on information submitted by the provider. Thus, it is necessary to require prior authorization to determine the appropriateness of providing these services to an individual recipient. Allowing the existing rule language to remain in its present form could require reimbursement for orthodontia that is not medically justified.
The department will first implement these changes in emergency rule that is followed by a substantially identical permanent rule.
Effect on Small Business
The rule changes are being made to correct an error made in
Clearinghouse Rule 05-033. The error made in
Clearinghouse Rule 05-033 could require reimbursement of orthodontia that is not medically justified. The Department does not expect that the rules will increase costs to dentists.
Small Business Regulatory Coordinator
Fiscal Estimate
The Department is revising rules to clarify circumstances under which the Wisconsin Medicaid program will reimburse providers for orthodontia and certain other services provided to recipients under age 21. In
Clearinghouse Rule 05-033, the prior authorization requirement was removed for most procedures that had high rates of approval (greater than 75%). The change was intended to reduce the staff time required for dental offices to process prior authorization requests. The Department did not intend to remove the requirement for prior authorization for orthodontia and other services. In
Clearinghouse Rule 05-033, the Department specifically stated that “Procedures where appropriate pricing requires a high degree of clinical knowledge (e.g., orthodontics and TMJ surgery), and procedures with strict time limitations (e.g., dentures) are also proposed to retain prior authorization." The adopted language, however, has been interpreted by at least one dentist to mean that prior authorization is no longer required to provide orthodontia to recipients. This interpretation was upheld by an administrative law judge in an administrative hearing. Because the intent of the Department and the language adopted, as recently interpreted, had opposite effects, the Department is promulgating rules to revise section s.
HFS 107.07 to clarify the Department's intent to require prior authorization for orthodontia and other services provided under early and periodic screening, diagnosis and treatment (EPSDT) services.
A basic concept of the Medicaid program is that services must be medically necessary to be reimbursable. The medical necessity of these services is determined by the Department based on information submitted by the provider. Thus, it is necessary to require prior authorization to determine the appropriateness of providing these services to an individual recipient. Allowing the existing rule language to remain in its present form could require reimbursement for orthodontia that is not medically justified.
The rule will not have a fiscal effect on local government or the private sector. Restoration of prior approval provisions in the dental services section of the Medicaid regulations should result in continued savings to the Medicaid program.
Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Contact Person
