Statutory authority: ss. 101.02 (1), (20) & (21), 145.02 (2),
145.17 (2) & 145.175
Statutes interpreted: ss. 101.02 (1), (20) & (21), 145.02 (2),
145.17 (2) & 145.175
Chapter Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance of numerous credentials that businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.
The proposed rules consist of revisions in chapter Comm 5 relating to the credentials associated with the installation of automatic fire sprinkler systems and to the issuance, renewal and revocation of credentials when the applicant or licensee does not comply with new Statutory requirements. The proposed rules also consist of revisions in chapters Comm 82 and 84 relating to the installation of combined plumbing/fire sprinkler systems in one- and 2-family homes.
Under the current rules, any individual may apply for and take the license examination for an automatic fire sprinkler contractor. However, an individual who wishes to take the license examination for a journeyman automatic fire sprinkler fitter must first have completed a sprinkler system apprenticeship. The proposed rules contain specific training and experience qualifications for individuals applying for the automatic fire sprinkler contractor license examination. [Comm 5.51 (2m)]
The current rules also allow the renewal of credentials associated with automatic fire sprinkler systems without the need for obtaining any continuing education. The proposed rules require a specific number of hours of continuing education to be obtained by individuals wishing to renew an automatic fire sprinkler contractor license, a journeyman automatic fire sprinkler fitter license, and an automatic fire sprinkler contractor-maintenance registration. [Comm 5.51 (6)(c), Comm 5.52 (6)(c) and Comm 5.54 (5)(c)]
In accordance with new Statutory requirements, the proposed rules contain new requirements for the issuance, renewal, denial, suspension and revocation of licenses, certifications and registrations when the applicant or licensee does not provide required information, is delinquent in required payments, or fails to comply with a subpoena or warrant. The applicant or licensee must provide their social security number or federal employer identification number. The applicant or licensee must not be delinquent in tax payments or child support payments. And the applicant or licensee must not have failed to comply with a subpoena or warrant issued by the Department of Workforce Development or a county child support agency relating to paternity or child support proceedings. [Comm 5.01 (3) and Comm 5.10 (1)(a) 9. to 11.]
The proposed rules address the installation of combined plumbing/fire sprinkler systems in one- and 2-family homes by defining the systems to be part of the water supply system and by specifying the standards that must be met if one of the systems is voluntarily installed in a home. The proposed rules do not mandate the installation of the combined plumbing/sprinkler systems in homes. [Comm 82.11 and Comm 82.40]
The proposed rules also contain revisions to replace the word “credential" with “license, certification or registration" or with the specific word “license", “certification" or “registration" as applicable.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 9, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Copies of Rules
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701-2689, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that obtain licenses, certifications or registrations from the Division of Safety and Buildings.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
When applying for issuance or renewal of a license, certification or registration, the applicant or licensee must provide their social security number or federal employer identification number.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter ILHR 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 5, 82 and 84. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing those chapters. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Notice of Hearing
Commerce
(Financial Resources for
Businesses and Communities,
Chs. Comm 105-128)
Notice is hereby given that pursuant to ss. 560.31 Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to ch. Comm 111 Certified Capital Companies.
Hearing Information
June 17, 1999 Conference Room 3B
Thursday Third Floor, WHEDA Bldg.
9:00 a.m. 201 W. Washington Ave.
Madison
Analysis of Rules
Statutory Authority: ss 560.30 through 560.38
Statutes Interpreted: ss 560.30 through 560.38
Pursuant to ss. 560.30 through 560.38, Stats., the Department of Commerce (Commerce) is responsible for certifying capital companies. The certified capital companies are eligible for receiving premium tax credits from insurance companies to use to provide capital to new and growing certain small businesses in this state. Under the law, a person must apply to Commerce and submit a nonrefundable fee to become a certified capital company. These rules delineate the process that applicants must use as well as the process Commerce will use to evaluate and certify a capital company. The law limits a certified capital company from providing capital to certain businesses and to qualified investments. A certified capital company may request Commerce to determine whether an investment is a qualified investment and these rules specify the requirements to follow in making such requests. A certified capital company is also required to report specific information to Commerce on the investment capital, on violations of agreements by a qualified business receiving investment capital, and submit fiscal year financial statements to Commerce for audit. The law requires Commerce to conduct annual compliance reviews of certified capital companies and allows for decertification by the department, as well as voluntary decertification by the certified capital company.
Contact Person
Troy Brown, Director, 608-266-7099
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 27, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Written Comments
A copy of the proposed rules may be obtained without cost from Richard Meyer, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-3080 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Certified Capital Companies (CAPCOs) could be small businesses. Also, small businesses, other than businesses that predominantly provide professional services such as accountants, lawyers, physicians or real estate development businesses, could be created or helped by investments from a CAPCO, subject to conditions.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
CAPCOs and other small businesses affected must know and understand general business principles, bookkeeping skills. In addition, CAPCOs, within 90 days of their fiscal year, must provide an annual audited financial statement to Commerce, showing compliance with the law and rules to maintain certification. Information needs to be provided to Commerce about the certified investors, amount of capital investments, the date on which the investment capital was received by the CAPCO, and the investment.
3. Types of professional skills necessary for compliance with the rules.
The statutes require that persons that have at least two years in the venture capital industry may be certified as a capital company. In addition to general business principles and knowledge, it will be necessary for persons to have knowledge of securities and their transactions, as well as capital investments to operate effectively. As a condition of maintaining eligibility, the certified capital company must ensure that qualified investments are made in terms of specific criteria outlined in the law.
Fiscal Estimate
The 1997 Wisconsin Act 215, authorizes the creation of a certified capital company program and provides tax credits to persons who make certain types of investments in certified capital companies (CAPCOs). The act authorizes the Department of Commerce (Commerce) to administer the program and creates a program revenue appropriation in which fees and other monies collected for administering the program are deposited. As required by the law and rules Commerce will: (1) certify capital companies; (2), certify qualified businesses; (3) review annual reports and financial statements; (4) make written determinations regarding certified capital company distributions; 95) conduct annual compliance reviews of certified capital companies; and (6) determine and issue written notices of investment pool disqualification's.
Based on limited data, Commerce estimates it will certify approximately 16 CAPCO's and the program will generate approximately $120,000 in program revenue from; (1) a $7,500 application fee from a capital certified company seeking certification and (2) an annual $5,000 certification fee.
Commerce estimates 2.0 PR positions at an annual cost of $100,700 are required to administer the program. The costs are broken down as follows:
1.0 Financial Examiner
(Salary and Fringe Benefits) $ 45,000
1.0 Financial Specialist
(Salary and Fringe Benefits) $ 33,000
Supplies and Services $ 1,800
Rent $ 4,200
Department Overhead Charges $ 16,200
Total $100,700
No costs are anticipated by this program on local government.
Notice of Proposed Rule
State Elections Board
Notice is hereby given that pursuant to ss.5.05(1)(f) and 227.11(2)(a), Stats., and interpreting ss.11.21(2), 11.21(9), 11.21(16), 11.31(6) and 20.510(1)(i), 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 rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, on June 1, 1999, 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
Statutory authority: ss.5.05(1)(f) and 227.11(2)(a)
Statutes interpreted: ss.11.21(2), 11.21(9), 11.21(16), 11.31(6) and 20.510(1)(i)
This amended rule interprets ss.11. 21(2), 11.21(9), 11.21(16), 11.31(6) and 20.510(1)(i), Stats. The rule provides standards for those registrants who are required to file campaign finance reports in electronic format and those registrants who may elect to file campaign finance reports in electronic format. The rule requires the registrant to use the Elections Board's software or use software that is compatible with the Board's campaign finance data base. The rule further requires registrants who file electronically to also file a hard copy of their reports. The amendment to the rule eliminates optional electronic filing between January 1, 1999 and July 1, 1999 and requires registrants who file a report electronically to file electronically thereafter.
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 Rule ElBd 6.05 interpreting ss.11. 21(2), 11.21(9), 11.21(16), 11.31(6) and 20.510(1)(i), Stats., as follows:
Text of Rule
SECTION 1. ElBd 6.05 is amended to read:
ELBD 6.05 FILING CAMPAIGN FINANCE REPORTS IN ELECTRONIC FORMAT
(1) Definitions: As used in this rule:
(a) "Campaign period" for a candidate, personal campaign committee or support committee has the same meaning as provided in s.11.26(17), Stats., and for any other registrant begins on January 1 of an odd-numbered year and ends on December 31 of the following year.
(b) “Contribution" has the same meaning as provided in s.11.01(6), Stats.
(c) “Electronic format" means computer diskette, modem, or other means of electronic transfer, using either software designated by the board or software that meets the board's specifications for a standard file format.
(d) “Filing officer" means the state elections board.
(e) “Registrant" has the same meaning as provided in s.11.01(18m), Stats.
(f) “Report" means any filing required by ss.11.05, 11.06, 11.12(5) and (6), 11.20, and 11.23, Stats.
(2) Beginning with any campaign finance report filed on or after July January 1,
1999, covering activity on or after January 1, 1999, any registrant who files with the state elections board and who accepts contributions or makes disbursements in a total amount or value of $20,000 or more during a campaign period shall file each campaign finance report that is required to be filed by Chapter 11, Stats., in an electronic format.
(3) Beginning with the Fall 1998 preprimary report, covering activity from July 1, 1998, through the close of the reporting period, Any registrant not required to file reports electronically may elect to file any campaign finance report in an electronic format.
(4) Any campaign finance report filed in an electronic format shall be transmitted in time to be received by the filing officer no later than the time provided by law for filing the report. Any registrant who files a campaign finance report electronically shall, thereafter, file electronically all campaign finance reports required to be filed by the registrant.
