3. For each manufacturer listed pursuant to subd. 1., a listing of all brands of cigarettes sold and the number of Wisconsin state cigarette excise tax stamps affixed to cigarette packages with respect to each brand.
4. For each brand of cigarettes listed for each manufacturer pursuant to subd. 3., the following additional information, if known:
a. The name of the manufacturer of the cigarettes.
b. The name of the person or entity first responsible for the cigarettes being designated or identified for sale in the United States.
5. For each sale of “roll-your-own" cigarette tobacco listed for each manufacturer pursuant to subd. 2., the following additional information, if known:
a. The name of the manufacturer of the “roll-your-own" cigarette tobacco.
b. The name of the person or entity first responsible for the “roll-your-own" cigarette tobacco being designated or identified for sale in the United States, by brand.
6. Any other information the department may deem necessary to administer the provisions of this section.
(4) ESCROW FUND CERTIFICATION REQUIREMENTS. (a) Every tobacco product manufacturer that is not a participating manufacturer under the master settlement agreement shall by April 15 of each year certify to the department and to the attorney general that the amounts required under s. 895.10 (2) (b), Stats., have been placed into a qualified escrow account that is designated for Wisconsin judgments or release payments.
(b) The certification required under par. (a) shall include all of the following:
1. The name of the qualified financial institution where the escrow account is maintained.
2. The amount of funds placed into the escrow account since the last reporting period, based on Wisconsin sales.
3. The amounts, if any, paid out of the escrow account in judgments or release payments and the purpose of the disbursements.
4. The balance in the escrow account as of March 31 of each year.
5. A copy of the escrow account balance statement as of March 31 of each year.
(5) RECORDKEEPING REQUIREMENTS. Every tobacco product manufacturer required to file a schedule under sub. (3) shall maintain complete and accurate records to support the information reported on the required schedule. These records shall be maintained for a period of 4 years from the date of sale into Wisconsin and shall include the following:
(a) Purchase records indicating the tobacco product manufacturer of the cigarettes, the date of purchase and the number of cigarettes by brand or amount of “roll-your-own" cigarette tobacco purchased, by brand.
(b) Sales records indicating to whom the sale was made, the tobacco product manufacturer of the cigarettes, the date of sale and the number of cigarettes by brand or amount of “roll-your-own" cigarette tobacco sold.
(c) The number of Wisconsin cigarette tax stamps placed on packages of cigarettes for sale in the state of Wisconsin.
(d) Any additional records deemed necessary by the secretary.
(6) REMEDIES FOR NONCOMPLIANCE. The failure of a tobacco product manufacturer to either become a participating manufacturer under the terms of the master settlement agreement or place funds into a qualified escrow fund, as provided in s. 895.10 (2) (b) 1., Stats., shall be subject to civil action and penalties under s. 895.10 (2) (b) 3., Stats.
Note: Section Tax 9.69 interprets subchs. II and III of ch. 139, Stats., and s. 895.10, Stats.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
This rule prescribes the mechanisms for collecting, maintaining and reporting data required by the master settlement agreement with tobacco product manufacturers. It has no effect on state tax or other revenues.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to ss. 85.16 (1) and 227.11, Stats., and interpreting ss. 341.21 and 341.255 (4), Stats., the Department of Transportation will hold a public hearing at the time and place indicated below to consider the creation of ch. Trans 156, Wis. Adm. Code, relating to the automated partnership processing system (APPS) program.
Hearing Information
October 4, 2000 Room 254
Wednesday Hill Farms State Trans Bldg.
1:00 p.m. 4802 Sheboygan Ave.
Madison, WI
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule-making will be held open until close of business on Wednesday, October 11, 2000, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Bev Schwartz, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909.
Analysis by Wis. Dept. of Transportation
Statutory authority: ss. 85.16 (1) and 227.11
Statutes interpreted: ss. 341.21 and 341.255 (4)
General Summary of Proposed Rule. In 1995, s. 341.21, Stats., was created to provide the Department of Transportation authority to contract with any person for the provision of title and registration services under chs. 341 and 342 of the Wisconsin Statutes. This rule establishes policies and procedures by which the Department will accept and review applications from persons seeking to become contractors under the automated processing partnership system or “APPS" program. The rule also establishes policies and procedures for terminating contracts under the program, fees to be charged customers and records to be retained by contractors.
Fiscal Estimate
The Department estimates that there will be minimal fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district, or any federally-recognized tribes or bands. For those units of government who may choose to contract with the Department to provide registration and titling services, the estimated costs of obtaining electronic access to the Department databases from a vendor will be $7 to $8 per title transaction and $3 to $5 per renewal transaction. The program standards will permit units of government to charge customers up to $17.50 for a title transaction and up to $10 for a renewal transaction. Therefore, there should be no net adverse fiscal impact on local governments who choose to participate in the APPS program, since it is assumed that fees from customers will offset costs of providing the services.
The proposed rule will have no fiscal effect independent of the fiscal impact of s. 341.21, Stats. It is estimated that there will be no net annualized fiscal impact on state funds, based on the assumption that fees received from agents under s. 341.255 (4), Stats., will offset any loss of counter service fees from citizens who obtain title and registration services from contractors under s. 341.21, Stats., rather than at DMV service counters.
Initial Regulatory Flexibility Analysis
It is expected that small businesses will be among those entities who choose to become contractors under the APPS program. The costs of obtaining electronic access to DMV databases to provide title and registration services can be more than offset by the fees which contractors are permitted to charge for title and registration processing. The Department believes that the decision of a business to seek a contract with the DMV under s. 341.21, Stats., will be based on estimated demand for the services whether the business is large or small. The requirement of a bond has been waived for motor vehicle dealers and financial institutions which are expected to make up the majority of contractors under the program. After considering the methods mentioned in s. 227.114 (2), Stats., the Department concluded that the same program standards must apply to all contractors regardless of size. To incorporate any of the methods suggested in s. 227.114 (2), Stats., would be contrary to the objectives of s. 341.21, Stats. The Department believes that many small businesses will view the APPS program as a desirable opportunity to enhance their primary business activities by offering a related customer service which will be convenient and beneficial to both the contractor and its customers.
Copies of Rule and Contact Information
Copies of the proposed rule may be obtained upon request, without cost, by writing to Bev Schwartz, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909, or by calling (608) 267-5253. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Adm 43 - Relating to non-municipal electric utility public benefits fees.
Ch. Adm 44 - Relating to energy conservation and efficiency and renewable resource programs.
Ch. Adm 45 - Relating to low-income assistance public benefits.
S. RL 86.01 (6) and ch. RL 87, Appendix I - Relating to the Uniform Standards of Professional Appraisal Practice (USPAP).
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order repealing and recreating ch. Comm 43, relating to anhydrous ammonia.
Effective 10-01-00.
An order affecting chs. DWD 100 to 102, 110, 111, 126 to 129, 132, 135, 140 and 149, relating to a limited waiver of the work search requirement, ability to work and availability for work, and various minor changes relating to unemployment insurance.
Effective 10-01-00.
The following administrative rule orders have been adopted and published in the August 31, 2000 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order amending s. AB 2.09 (5), relating to the distribution of arts challenge initiative incentive grant funds.
