Rule-Making Notices (Hearing Notices)

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Proposed Rulemaking

Health and Family Services

(Health, Chs. HFS 110—)

[CR 07-053]

NOTICE IS HEREBY GIVEN that under 2005 Act 74, the Department of Health and Family Services (Department) will repeal ch. HFS 119, relating to the Health Insurance Risk-sharing Plan. Because the repeal of ch. HFS 119 is in conformity with 2005 Act 74, the Department, under s. 227.16 (2) (b), Stats., will not hold a public hearing concerning this matter.

Analysis Prepared by Department of Health and Family Services

Effective July 1, 2006, the Department's authority to operate the Health Insurance Risk-Sharing Plan (HIRSP) was transferred, under 2005 Act 74, to the Health Insurance Risk-Sharing Plan Authority. Repeal of ch. HFS 119 is, therefore, required.

Text of Proposed Rule

The full text of the order to repeal ch. HFS 119 is as follows:

SECTION 1. Ch. HFS 119 is repealed.

Fiscal Estimate

The order to repeal ch. HFS 119, will not result in a fiscal impact that is independent of that identified in the fiscal estimate made by the Department for 2005 Assembly Bill 844, creating 2005 Act 74.

A copy of the full text of the fiscal estimate may be obtained at no charge at the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov.

Initial Regulatory Flexibility Analysis

Not applicable.

Contact Person

Rosie Greer

DHFS

P.O. Box 7850

Madison, WI 53707-7850

608-266-1279

Because this is an order to repeal a rule that under 2005 Act 74, the Department no longer has the authority to promulgate or implement rules relating to HIRSP, a public hearing will not be held on this matter. Questions about this order may be submitted to the contact person listed above. Submit questions about HIRSP or the HIRSP Plan Authority to:

Josh Weisbrod

HIRSP Plan Authority

[phone]

[e-mail]

Notice of Hearing

Revenue

[CR 07-033]

Notice is hereby given that, pursuant to s. 227.11(2)(a), Stats., and interpreting s. 125.68 (10) (bs), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of ch. Tax 8, relating to reciprocal interstate shipments of wine.

Hearing Information

The hearing will be held at 9:00 A.M. on Thursday, June 28, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.

Handicap access is available at the hearing location.

Comments on the Rule

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than July 5, 2007, and will be given the same consideration as testimony presented at the hearing.

Contact Person

Small Businesses:

Tom Ourada

Department of Revenue

Mail Stop 624-A

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

[phone]

[e-mail]

Others:

Dale Kleven

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

[phone]

[e-mail]

Analysis by the Department of Revenue

Statute interpreted: s. 125.68(10)(bs), Stats.

Statutory authority: s. 227.11(2)(a), Stats.

Explanation of agency authority: Section 227.11(2)(a), Stats., provides that each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Related statute or rule: There are no other applicable statutes or rules.

Plain language analysis: This proposed rule order amends a provision specifying the amount of wine an individual may receive per year from a winery in a reciprocal state. Based on a statutory change, this amount was increased from 9 liters to 27 liters. The proposed rule order also makes changes to reflect a change in title of a liquor tax reporting form and provide current contact information for obtaining the form.

Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.

Summary of factual data and analytical methodologies: Section 125.68 (10) (bs), Wis. Stats., was amended by 2005 Act 25 to increase the amount of wine an individual may receive per year from a winery in a reciprocal state from 9 liters to 27 liters. The department has created this proposed rule order to reflect this statutory change.

Analysis and Supporting Documents used to Determine Effect on Small Business: The proposed rule reflects a statutory change relating to shipments of wine between Wisconsin and states with which Wisconsin has a reciprocal agreement described in s. 139.035, Stats. As the proposed rule does not impose any significant financial or other compliance burden, the department has determined that it does not have a significant effect on small business.

Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.

Effect on small business: This proposed rule order does not have a significant effect on small business.

Agency Contact Person

Please contact Dale Kleven at [phone] or [e-mail], if you have any questions regarding this proposed rule order.

Written Comments

Comments may be submitted to the contact person shown below no later than one week after the public hearing on this proposed rule order is conducted. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.

Dale Kleven

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

Text of Rule

SECTION 1. Tax 8.24(1)(a)3. is amended to read:

Tax 8.24(1)(a)3. No more than 9 27 liters are received by any one individual during a calendar year.

SECTION 2. Tax 8.24(6) is amended to read:

Tax 8.24 (6). REPORTING REQUIREMENTS BY WISCONSIN WINERIES. Every winery located in Wisconsin that ships wine to another state as described in this section shall report those sales on Wisconsin form AB-131, Wisconsin Liquor Tax Multiple Tax Schedule, as tax-paid sales. A description of each sale shall appear on the report.

Note to Revisor: Replace the first note at the end of Tax 8.24(6) with the following:

Note: Form AB-131 may be obtained by calling [phone]; by writing to Wisconsin Department of Revenue, Forms Request Office, Mail Stop 5-77, PO Box 8949, Madison WI 53708-8949; or by accessing the department's web site at www.revenue.wi.gov.

Initial Regulatory Flexibility Analysis

This proposed rule order does not have a significant economic impact on a substantial number of small businesses.

Fiscal Estimate

Under the proposed rule, the quantity of wine shipped to individuals in Wisconsin is expected to increase by an unknown amount. Although the wine tax is paid by the shipper to the state from which the wine is being shipped, the Department does not expect any significant reduction in tax revenues since the occupational tax rate on wine is quite small - 6.605¢ per liter (for wine with 14% or less of alcohol by volume). In addition, while the rule may cause some minor reduction in wine sales on which sales taxes are collected, this impact is also expected to be minimal.

The proposed rule does not impose any significant financial and compliance burden on the department.