Scope statements
Agriculture, Trade and Consumer Protection
Subject
Compliance with Interstate Pasteurized Milk Ordinance (PMO).
Objective of the rule. Update Wisconsin's dairy rules to make them “substantially equivalent" to the 2005 version of the PMO, as required by s.
97.24 (3), Stats.
Make minor rule changes to accommodate dairy industry modernization and technological advances.
Make technical changes and practical improvements to dairy regulations, as necessary.
Policy analysis
Wisconsin is a member of the National Conference on Interstate Milk Shipments (NCIMS), a voluntary organization to which all states and U.S. territories belong. The primary goal of NCIMS is to ensure a safe milk supply. NCIMS has adopted the PMO, which provides uniform model milk sanitation standards for Grade A milk and milk products. NCIMS updates the PMO biennially. Proposed changes must be approved by the U.S. Public Health Service, Food and Drug Administration (FDA) before the changes are incorporated into the PMO.
State milk sanitation standards and procedures must be “substantially equivalent" to the PMO. Under NCIMS agreement, other states may refuse to accept milk shipments from a state that fails to comply with the PMO. FDA monitors state compliance.
Wisconsin does not adopt the PMO directly, but instead adopts its own statutes and rules to comply with PMO standards. A recent program audit by the FDA determined that Wisconsin's Grade A milk rules are not "substantially equivalent" to the PMO in a number of areas. If Wisconsin fails to conform its rules to PMO requirements, Wisconsin's dairy industry may be prevented from shipping Grade A dairy products to other states.
Rulemaking is needed to comply with the PMO. Minor changes are also needed to accommodate new production, processing, and packaging practices and to make the rules as clear as possible.
Comparison with federal requirements
The PMO is not a federal regulation, as such. NCIMS member states adopt and enforce the PMO under an interstate agreement, in cooperation with FDA. FDA approves PMO terms and monitors compliance. If FDA finds that a state is not in compliance, other states may refuse to accept milk shipments from that state.
Entities affected by the rule
Wisconsin Grade A dairy farms, dairy plants, milk haulers, and certified laboratories.
Policy Alternatives
None. According to s.
97.24 (3), Wis. Stats., DATCP must adopt rules that are “in reasonable accord" with the PMO. Failure to comply puts Wisconsin's dairy industry in jeopardy of losing its interstate markets for milk and fluid milk products.
Statutory authority
Statutory Alternatives: None.
Staff time required
DATCP estimates that .5 FTE staff time is required to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Insurance
Subject
Objective of the rule. To add one sentence providing information to employees describing how to obtain application information if they become eligible for special enrollment under a small employer's group health plan in accordance
45 CFR 146.117 (c) (1) and to add two (2) questions related to Medicare Part D.
Policy analysis
Section
Ins 8.49, Appendix
1, Wis. Adm. Code, must be modified to reflect two amendments to federal regulations. First, the federal guidelines governing Health Insurance Portability and Accountability Act of 1996 (HIPAA),
45 CFR Parts 144 and
146, have been modified with applicability date of January 1, 2006 necessitating a minor modification to s.
Ins 8.49 Appendix
1, Wis. Adm. Code, informing applicants that are declining coverage how to access application information in the event they qualify for special enrollment. Secondly, the appendix must be modified to include two questions within the Medicare information section of the form related to Medicare Part D.
Statutory authority
Staff time required
50 hours and no other resources are necessary.
Comparison with federal requirements
None.
Entities affected by the rule
Health insurers authorized to offer small employer group health insurance.
Revenue
Subject
S.
Tax 2.50, relating to the apportionment of net business income of interstate public utilities.
Policy analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Entities affected by the rule
Certain public utilities that are engaged in business both in and outside of Wisconsin. This includes water, gas, electric, and telecommunications companies. Also affected will be entities that prepare Wisconsin franchise or income tax returns for these companies.
Comparison with federal requirements
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Objective of the rule. The objective of the proposed rule is to reflect the following law changes relating to the apportionment of income by interstate public utilities:
Effective for taxable years beginning on or after January 1, 2006, certain public utilities begin a phase-in of single sale factor apportionment. This includes water, gas, and electric companies.
Effective for taxable years beginning on or after January 1, 2005, the sourcing of sales of services for purposes of the apportionment factor is changed.
Statutory authority
227.11 (2) (a), Stats.
Staff time required
The department estimates it will take approximately 400 hours to develop this rule order.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is the Chippewa Falls STH 29 bypass. In addition, a short segment of old highway 29 between the Seymour Cray Sr. Blvd. Interchange on the new bypass and STH 124 will retain its long truck route designation.
Policy analysis
Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes.
The Department has constructed a bypass around Chippewa Falls for STH 29. Under current administrative rules, long trucks traveling between I-94 in Elk Mound and Green Bay are required to exit STH 29 at the edges of Chippewa falls and use STH 124 and STH 53 to detour around portions of STH 29 in Chippewa Falls that cannot accommodate long trucks. This rule making will remove the current requirement that trucks exit STH 29 at the Highway 53 and 124 highway intersections and permit them to use the bypass.
