Initial Regulatory Flexibility Analysis
Approximately 60% of children in Wisconsin have private health insurance. There are 122 direct health and medical insurance carriers in Wisconsin with a total of 23,000 paid employees. The only health care insurers in Wisconsin that meet the definition of a small business in s.
227.114 (1), Stats., are limited scope health plans that, for example, only offer dental or vision coverage. Health care insurers that offer comprehensive coverage for pediatric health care, including immunizations, do not meet the definition of a small business.
Day care centers are organized as small businesses [about 95% of the 2,485 group (9 or more children) day care centers in the state are small businesses, as are all of the 3,122 family (4-8 children) day care centers]. Day care centers will experience some increase in workload in tracking compliance with the requirement for PCV, reporting compliance to the Department, and in referring noncompliant students to the district attorney or corporation counsel for enforcement action. It is not known how much workload will increase or its impact, if any, on costs. However, since 85% of children in Wisconsin have already received PCV, the vast majority of day care center students will be compliant with the requirement when it takes effect and will not require warning letters from day care centers or enforcement action by district attorneys. Additionally, the tracking and reporting burden on day care centers will be mitigated by requiring fewer than the maximum number of doses of PCV. Day care centers for many years have been checking for compliance with required immunizations for school entry. They are part of the system for protecting children against diseases that are preventable through administration of approved vaccines.
Day care centers are the only small businesses that the proposed rules will affect. Pursuant to the foregoing analysis, the Department believes that these rules will not have a significant economic impact on day care centers.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
This rulemaking requires pneumococcal conjugate vaccine (PCV), a new formulation of diphtheria, tetanus and pertussis (whooping cough) vaccine (Tdap), and a second dose of varicella (chickenpox) vaccine for students. The vaccines the Department provides upon request and without charge to local health departments and private health care providers is purchased by the Department with a line of credit provided by the federal government's Centers for Disease Control and Prevention (CDC) or with GPR funds under s.
20.43 (1) (cm), Stats. Section
20.43 (1) (cm), Stats., authorizes the Department to expend an amount that is equal to the difference between the statutory limit of a $9,000,000 sum sufficient appropriation and the amount of funding the Department receives for the federal Vaccines for Children Program (VFC) and Section 317 of the Public Health Service Act. VFC funds are sum sufficient. Federal 317 funds are not guaranteed to meet actual need but have been sufficient to cover the vaccine costs associated with the Department's implementation of previous vaccine requirements. The total estimated cost for vaccine to implement the proposed requirements in the 2008-09 school year is $22 million; the possible annual cost to the state, in the unlikely event that no 317 funds are available, is $3.6 million.
The following assumptions were used to estimate costs:
• PCV: The vaccine costs $73.70 in the private sector and $57.59 in the public sector; 85% of children have already received PCV vaccine; 50% of children are enrolled in a day care center; 5% of students' parents will elect to waive the requirement. Thus, of a total annual cohort of 359,000 0-4 year olds, 25,500 students will require vaccine. Private providers will pay 59% of the vaccine cost ($1.6 million); the federal VFC Program will pay 21% of the vaccine cost ($434,000); and federal 317 funds or GPR funds will pay 19% of the vaccine costs ($392,000).
• Tdap Vaccine: The vaccine costs $36.84 in the private sector and $30.75 in the public sector; 20% of the cohort of 6th, 9th and 12th grade students has already been vaccinated; 5% of the students' parents will elect to waive the requirement. Thus, of a total annual cohort of 228,000 students, 182,000 will require vaccine. Private providers will pay 59% of the vaccine cost ($3.8 million), the federal VFC Program will pay 21% of the vaccine cost ($1.1 million, and federal 317 funds or GPR funds will pay 19% of the vaccine costs ($1 million).
• Second Dose Varicella Vaccine: The vaccine costs $71.11 in the private sector and $56.90 in the public sector; 3% of the cohort of kindergarteners, 6th and 12th grade students has already had chickenpox; 5% of the students' parents will elect to waive the requirement. Thus, of a total annual cohort of 223,000 students, 205,000 will require vaccine. Private providers will pay 59% of the vaccine costs ($8.6 million); the federal VFC Program will pay 21% of the vaccine costs ($2.5 million); and federal 317 funds or GPR funds will pay 19% of the vaccine costs ($2.2 million).
Copy of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Contact Person
Marjorie Hurie
Department of Health and Family Services
Division of Public Health
Bureau of Communicable Diseases and Preparedness
1 W. Wilson St., Rm 318
PO Box 2659
Madison, WI 53701-2659
608-264-9892
1-888-701-1253 (TTY)
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
565.10 (14) (b) 3m., Stats., and interpreting ss.
565.02 (4) (g) and
565.10 (14) (b) 3m., Stats., the Department of Revenue will hold a public hearing at the time and place indicated below to consider the proposed rule revising chapters Tax 61 and 63, Wis. Adm. Code.
The proposed rule will create language that permits the Lottery to offer improved billing terms to its retailer partners, and will address the potential for additional shipping at cost to the retailer in situations where the retailer desires additional shipping options. It will also remove minor requirements that currently exist in the Retailer Performance Program (RPP) which the Lottery has determined are not consistent with the program intent. And last, the proposal will also create rules that satisfy the voluntary non-disclosure requirements of
2003 Act 145, and will also correct minor technical problems in both chapters. These changes do not significantly affect small business, and in some cases will improve the means by which retailers interact with the Lottery.
Hearing Information
The hearing will be at 11:00 am on October 17, 2007, and will be held at the Wisconsin Lottery Office located within the Department of Revenue Building at 2135 Rimrock Road, Madison, WI.
Handicap access is available at the main front entrance of the building.
Submission of Written Comments
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 October 24, 2007, which is no less than 7 days after the hearing date. Written comments will be given the same consideration as testimony presented at the hearing.
Contact Person
James Amberson
Department of Revenue
2135 Rimrock Road
P.O. Box 8941
Madison, WI 53708-8941
(608) 267-4840
A copy of the proposed rule can be obtained from Mr. Amberson.
Analysis Prepared by Department of Revenue
Statutes interpreted
Statutory authority
Explanation of agency authority
The proposed order is intended to improve Chapters
Tax 61 and
Tax 63, Wisconsin Administrative Code.
In Chapter
Tax 61, the Wisconsin Lottery is proposing an amendment to the rule authority for current retailer billing terms, consistent with changes to s.
565.10 (15) and which were made as part of
2005 Wis. Act 25, s.
2427b., that amended the time period within which the lottery must bill retailers from not less than weekly to not less frequently than once every 60 days. The lottery is also proposing language to broaden its ability to offer to retailers the option to pay the cost of additional shipping of ticket inventory should the retailer request additional shipments. Also proposed is language to amend minor requirements which currently exist in the Retailer Performance Program (RPP) and that the lottery has determined are not consistent with the program intent. The proposal will also create rules that satisfy the voluntary disclosure requirements of
2003 Act 145, and will also correct minor technical problems in both chapters.
In Chapter
Tax 63, rule amendments are proposed to clarify the manner in which non-profit retailers should return product for credit with the lottery.
Related statute or rule
The Wisconsin Lottery maintains Chapters
Tax 61,
62 and
63. Further, ss.
20.75 and
25.566, and ch.
565, Wis. Stats., are all relevant to the Wisconsin Lottery. This proposed rule order directly affects Chapters
Tax 61 and
63, and draws on ch.
565, Wis. Stats.
Plain language analysis
The proposed order is intended to implement changes that will improve the methods and processes that the Wisconsin Lottery uses to serve its retailer business partners. Nearly all of the proposed changes generate no increased cost of compliance for lottery retailer small businesses, and in some cases may slightly reduce some operating costs.
The proposal enables the lottery to offer improved billing terms to retailers which are more in keeping with both lottery industry and other retail industry standards. Billing terms are the processes by which a retailer is billed for ticket inventory. Anticipated improvements in the billing terms should result in terms that are easier to understand and that require less overall labor, thereby resulting in some labor savings for retailers. The lottery is proposing the creation of a “Billing Terms Policy and Procedure" document, drafted in plain language, to aid retailers in understanding lottery billing practices. Consistent with these changes, the agency is also pursuing electronic methods of providing billing information directly to retailers, which should increase these efficiencies.
The proposed language also permits the agency to extend to retailers the option to pay additional shipping costs should the retailer request additional shipments on dates other than the retailer's assigned shipment date(s). Any expenses will be limited to the actual cost of the delivery, and the proposed language would only apply if the lottery implements assigned delivery dates for retailers. Currently, the agency does not assign shipment dates to retailers, but may need to do so in the future dependent upon how new billing terms or delivery methods are implemented.
The proposal amends minor requirements which currently exist in the Retailer Performance Program (RPP) and that have been determined to be inconsistent with the program intent.
The proposal also clarifies the concepts of suspension and termination of retailer contracts. Further, the proposal will create rules that satisfy the voluntary disclosure requirements of
2003 Act 145, in which the lottery must identify when retailers may use discretion in the event of the disclosure of a non-compliance issue.
Last, the proposal clarifies language on the manner in which non-profit retailers should return product for credit with the lottery.
Comparison with federal regulations
There is no relevant outstanding federal legislation that would require comparative review for the changes proposed under either Chapter
Tax 61 or
63.
Comparison with adjacent states
Regarding the changes to Chapter
Tax 61, the statutes and administrative rules of Illinois, Iowa, Michigan and Minnesota (all of which have state lotteries) were researched, and each state codifies more or less lottery retailer policy of import to small businesses. As a consequence, the Wisconsin Lottery's administrative rules may be more or less detailed when compared to a given state. The following state's laws were reviewed:
• State of Michigan: s. 432.1 – 432.38, Stats., and R432.1 – 432.38, Admin. Code.
• State of Minnesota: s. 349A, Stats., and 7856, Admin. Code.
• State of Illinois: s. 20 ILCS 1605, Stats. (taken from Chapter
120, various para.), and Section 1770, Admin. Code.
• State of Iowa: s. 99G, Statutes.
This analysis addresses the five major changes that are contained within the body of this rule order, which are retailer billing terms, discretion of enforcement per
2003 Act 145, ticket distribution controls, the industry development of reselling tickets, and retailer contract termination.
First, with regards to retailer billing terms, found in Sections 1 and 8 to 10 of this rule order, the adjacent states address the topic as follows:
• Michigan does not appear to make substantial statements in statutes or administrative rules, regarding retailer billing.
• Minnesota makes the following statement: “
Lottery retailers shall deposit in a bank account all money received by the retailer from the sale of lottery tickets, less the amount retained as compensation for the sale of tickets and credit for direct payment of prizes. The lottery shall have access through electronic funds transfer (EFT) to all money required to be deposited by lottery retailers.“ Significantly, no time period is identified in this rule.
• Illinois maintains significant statutory and administrative rule language regarding billing procedures, due payments that are missed, and serious delinquency. The language can be found under 20 ILCS 1605/21 (from Ch.
120, par. 1171), and under Section 1770.90, Admin. Rules. While extensive, the fact that the entire procedure appears to be promulgated as administrative rules makes it potentially difficult to keep up-to-date with changes in banking, sales practices or other relevant technological developments.
• Iowa does not appear to make substantial statements in statutes or administrative rules, regarding retailer billing.
With regard to discretion of enforcement, created in Section 25 of this rule order and consistent with the requirements of
2003 Act 145, the adjacent states do not maintain a similar clause in lottery statutes or administrative code.
With regard to distribution of ticket inventory, affected by Section 17 of this rule order, the adjacent states address the topic as follows:
• Michigan, Minnesota and Iowa do not appear to make substantial statements regarding distribution of inventory in statutes or administrative rules.
• Illinois makes few substantial statements in statute or administrative rules. Generally, it appears that Illinois defines agents to potentially include distributors, such that it may have business partnerships with retailers who inventory and sell to other retailers, a practice not uncommon among larger state's lotteries. Rules addressing significant delinquency of payment (by agents or distributors) are maintained under 20 ILCS 1605/21, Stats. The lottery does not intend to pursue distributor relationships, as they do not fit well with our smaller population and market.
With regard to restrictions on the act of reselling, affected by Section 12 of this rule order, the adjacent states address the topic as follows:
• Michigan permits the Lottery to suspend, revoke or not renew a contract, if “...there is reasonable cause to believe that the retailer is engaged in fraud, misrepresentation, or illegal gaming." The statement does not directly identify reselling as fraudulent or illegal, but re-selling may be determined to be illegal dependent upon the facts of the particular situation.
• Minnesota makes general statements in statutes and substantial statements in administrative rules, regarding restrictions on the act of reselling. Similar to Michigan, Minnesota also has relevant general language. Under s.349A. Subd. 11, Stats., the director shall cancel the contract if a retailer “(a)(2) has committed fraud, misrepresentation, or deceit.", or if a retailer “(b)(4) violates a law or a rule or order of the director." Both these statements, while general, may also apply to reselling dependent upon the circumstances. Further, administrative rule 7856.6010, subpar. 2, clarifies the authority of the director, who may cancel, suspend or not renew a contract for a retailer who…" sold lottery tickets to a person who the retailer knows or has reason to know will resell the tickets to other persons." Notably, this language may restrict lottery players from buying tickets for friends, family or co-workers who have provided the buyer with the dollars necessary to make the face-value purchase. This could effectively ban the behavior used by a group of Wisconsin citizens who were employees of a Sargento, Inc. cheese processing facility near St Cloud, WI. The co-workers had organized a spokesperson to buy tickets for them on a frequent and regular basis, and as a group eventually won and shared the Powerball jackpot of August 5, 2006. Wisconsin's proposed rule order is drafted so that it would not ban this practice, provided all players fairly pay the stated ticket price for their ticket(s).
• Illinois makes a substantial statement in administrative rules, regarding restrictions on the act of reselling. Specifically, Section 1770.60 i) states in relevant part …“No `service charge', `handling fee' or other cost shall be added by any person to the established price of a ticket or share. No person shall charge a fee to redeem valid winning tickets or shares." Further, subsection l) also states, “Licensed agents shall….not conduct sales to off-premises customers by telephone, mail, parcel, delivery service, or through an agent-sponsored vehicle such as a club, players' association, or similar entity".
• Iowa does not appear to make substantial statements in statutes or administrative rules, regarding the act of reselling.
With regard to retailer contract termination, affected by Section 18 of this rule order, the adjacent states address the topic in significant depth, as follows:
• Michigan maintains substantial statements in s.
432.23 (7) to
(10), including language providing authority for probation, fines, removal of lottery terminal, assurance bonding, licensure requirements and revocation. Further, the above authorities are clarified under R 432.4 of administrative rules, with language that includes immediate suspension, revocation or denial of renewal, and provides a list of reasoned causes for the lottery to act.
