Under 1997 Wis. Act 27 lottery credits in 1997 and 1998 were extended to all taxable properties with no application procedure required; as a result, the guidelines in ch. Tax 20 were unnecessary but remained in force.
Under 1999 Wis. Act 5, the lottery and gaming credit is distributed to owners of primary residences under a 5-year application procedure, so ch. Tax 20 will again be required to guide the administration of the program. However, several provisions in 1999 Wis. Act 5 require that ch. Tax 20 be amended in the following respects:
1) To change the name of the lottery credit to the lottery and gaming credit;
2) To provide for a 5-year certification process rather than the annual certification process under the existing rule;
3) To authorize only counties and the City of Milwaukee to administer the lottery credit as opposed to allowing the credit to be administered by “authorized” cities under the existing rule;
4) To specify when counties must apply for Department of Revenue approval to use a certification process other than that prescribed by statute;
5) To specify the new administrative cost reimbursement of $.70 per claim as opposed to the $.50 per claim reimbursement under the existing rule; and
6) The reporting requirements for treasurers need to be changed as a result of the change from an annual to a 5-year claim procedure.
Statutory authority:
Section 227.11(2), Stats.
Estimate of time and other resources:
The total anticipated time commitment to the development of the rule is 200 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.
Elections Board
Rule Submittal Date
On September 10, 1999, the State Elections Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule creates ss. ElBd 7.01 to 7.03, relating to approval, testing and revocation of approval of electronic voting systems.
Agency Procedure for Promulgation
The Elections Board intends to promulgate the proposed rule order without a public hearing, pursuant to s. 227.16 (2) (e), Stats.
Contact Information
If you have questions regarding this rule, you may contact:
George A. Dunst, Legal Counsel
State Elections Board
132 East Wilson St.
P.O. Box 2973
Madison, WI 53701-2973
Telephone (608) 266-0136
N o t i c e S e c t i o n
Notice of Hearings
Agriculture, Trade & Consumer
Protection
▶ (Reprinted from Mid-September, 1999 Wis. Adm. Register.)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 105, Wis. Adm. Code, relating to sales below cost. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until November 5, 1999, for additional written comments.
A copy of this rule and the proposed amendments may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708, or by calling (608)224-4928. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by September 30, 1999 either by writing to Kevin LeRoy, 2811 Agriculture Drive, PO Box 8911, Madison WI 53708-8911, (608/224-4928), or by contacting the message relay system (TDD) at 608/224-5058. Handicap access is available at the hearings.
Hearing Information
October 11, 1999 Marathon Co. Public Library
Monday 300 North 1st St.
1:00 pm until 4:00 pm Wausau, WI
October 12, 1999 Wisconsin Department of
Tuesday Agriculture, Trade & Consumer
1:00 pm until 4:00 pm Protection
Board Room
2811 Agriculture Drive
Madison, WI
October 14, 1999 Department of Corrections
Thursday Room 129
1:00 pm until 4:00 pm State Office Building
141 Northwest Barstow St.
Waukesha, WI
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: s. 93.07(1)
Statute Interpreted: s. 100.30
This rule interprets s. 100.30, Stats., which prohibits sales of motor fuel and other merchandise below cost. The term “cost" is extensively defined in s. 100.30, Stats., and DATCP rules under ch. ATCP 105, Wis. Adm. Code. But neither the statute nor the current rules define “selling price."
Under s. 100.18(8), Stats., persons selling motor vehicle fuel at retail must post the retail sale price on the motor fuel pump. But many sellers now offer discounts such as customer loyalty discounts, fleet discounts, volume discounts, preferred payment method discounts and other incentives that may affect the ultimate sale price.
This rule clarifies how a seller's retail motor fuel “selling price" is calculated, for purposes of s. 100.30, Stats. Under this rule, the retail “selling price" of motor vehicle fuel is the selling price which the seller is required to post under s. 100.18(8), Stats., less any discounts offered by the seller that are fully earned and determinable at the time of sale, except that discounts based soley on the purchaser's method of payment or receipt of credit do not reduce the “selling price" of motor vehicle fuel for purposes of s. 100.30, Stats.
Fiscal Estimate
The department does not expect this rule to have any fiscal impact on the department or local governments.
Initial Regulatory Flexibility Analysis
The proposed additions to ATCP 105, Wis. Adm. Code do not have a significant effect on small business. The proposed rule is a presentation of the department's interpretation of how preferred payment method discounts effect whether or not gasoline was sold below cost.
Chapter ATCP 105 interprets s. 100.30, Stats. (sometimes referred to as “The Unfair Sales Act" or “The Minimum Markup Law"). This statute prohibits retailers, wholesalers and refiners of motor vehicle fuel from selling products below cost. The term “cost" is substantially defined in both the statute and the current rule. However, there are no provisions in either the satute or current rule that provide interpretations on how businesses are to determine the selling price of their products.
This rule specifies that discounts, credits or rebates that are tied to the payment method do not reduce the selling price of motor vehicle fuel. The rule also specifies that discounts, credit or rebates offered to the customer that are not tied to the payment method must be considered as a reduction in the selling price of motor vehicle fuel.
Notice of Proposed Rule
State Elections Board
Notice is hereby given that pursuant to ss.5.05(1)(f), 5.93, and 227.11(2)(a), Stats., and interpreting ss.5.76, 5.77(2), 5.90, 5.91, 5.92, and 7.23, 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 October 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.
