Policy analysis:
The proposed amendments will be made to many areas throughout the existing rules. With one possible exception, only minor changes would be made to existing rules. These changes should be made, since some references are no longer correct and some provisions are not consistent with recent statutory changes. As for ch. RL 22, the alternatives are to make several minor changes to this chapter or to repeal the whole chapter. The latter decision would be based on a determination by the Department and the Board that there is little need for apprentices in today's brokerage practices and that the use of unlicensed personal assistants has replaced the use of apprentices. Very few apprentices have been employed by brokers over the years since this chapter was created in 1972.
Statutory authority
Sections 227.11 (2), 440.42 (3) (b), 452.04, 452.05 and
452.07, Stats.
Estimate of the amount of state employe time and any other resources that will be necessary to develop the rule:
10 hours.
Regulation & Licensing
Subject:
RL Code - Relating to clarification of administrative rules for charitable organizations and professional fund-raisers.
Description of policy issues:
Objective of the rule:
To make modifications relating to such issues as statutory authority, form, style, placement, clarity, grammar, punctuation and plain language. To clarify several elements in the definition of “solicit” as that term applies to the activities of a professional fund-raiser and to distinguish between solicitation by a professional fund-raiser and mailings made by a mailing service. To amend the requirement that a charitable organization which has received contributions in excess of $100,000 during its most-recently completed fiscal year must file with the Department an audited financial statement for the charitable organization's most recently-completed fiscal year.
Policy analysis:
Section 440.41 (8), Stats., defines “solicit” as “to request, directly or indirectly, a contribution and to state or imply that the contribution will be used for a charitable purpose or will benefit a charitable organization.” Section 440.41 (9), Stats., includes in the following elements in the definition of “solicitation”: “oral or written request” and “announcement to the news media or by radio, television, telephone, telegraph or other transmission of images or information concerning the request for contributions by or for a charitable organization or charitable purpose.” If a person solicits contributions on behalf of a charitable organization, it is required to register as a professional fund-raiser.
Section 440.42 (3) (b), Stats., requires a charitable organization which has received contributions in excess of $100,000 during its most-recently completed fiscal year to file with the department an audited financial statement for the charitable organization's most recently-completed fiscal year.
This rule-making proposed to create language which clearly excludes mailing services from the definition of “solicit” and the definition of “solicitation,” provided that the mailing services do not put forth their name as the solicitor of contributions. An alternative is to not address this issue by rule, but to simply permit a reasonable interpretation of the applicable statutes to speak for itself.
This proposal also would permit the Department to indefinitely extend the time during which a charitable organization would have to submit an audited annual financial statement if the charitable organization in a given fiscal year had an unexpected and usual increase in its usual contribution, causing the charitable organization to have to obtain an audit for which it had not budgeted. The extension would, however, include the proviso that the department could demand an audited financial report at any time in the future, if the department has a need for it. An alternative would be to raise the $100,000 threshold for all charitable organizations and to require an audited financial statement when organizations exceed the higher dollar amount.
Statutory authority:
Sections 227.11 (2) and 440.42 (3) (b), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
10 hours
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
Rule Submittal Date
Notice is hereby given that on August 25, 1997, the Wisconsin Department of Agriculture, Trade and Consumer Protection referred a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides. Public hearings are required and will be held after the Wisconsin Legislative Council Rules Clearinghouse completes its review of the proposed rule.
Agency Procedure for Promulgation
The Division of Agricultural Resource Management is primarily responsible for promulgation of this rule.
Contact People
If you have questions regarding this rule, you may contact:
Jim VandenBrook
Telephone (608) 224-4501
Division of Agricultural Resource Mgmt.
Attorney James Matson
Telephone (608) 224-5022
Commerce
Rule Submittal Date
On August 18, 1997, the Department of Commerce submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. Comm 5, relating to credentials.
Agency Procedure for Promulgation
A public hearing is required. The agency unit responsible for promulgation of the rule is the Safety and Buildings Division.
Contact Person
Ron Acker
Telephone (608) 267-7907
Commerce
Rule Submittal Date
On August 29, 1997, the Department of Commerce submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. Comm 1, relating to environmental analysis and review procedures for Department actions.
Agency Procedure for Promulgation
A public hearing is required. The agency unit responsible for promulgation of the rule is the Safety and Buildings Division.
Contact Person
Jim Quast
Telephone (608) 266-9292
Medical Examining Board
Rule Submittal Date
On August 25, 1997, the Medical Examining Board submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 448.40 (1), Stats.
The proposed rule-making order relates to dispensing or prescribing of controlled substances for the treatment of obesity.
Agency Procedure for Promulgation
A public hearing is required and is scheduled for October 22, 1997.
Contact Person
Pamela Haack, Rules Center Coordinator
Telephone (608) 266-0495
Regulation & Licensing
Rule Submittal Date
