Creates Chapter
Comm 102, relating to the Wisconsin Enterprise Zone program.
Objective of the Rule
This rulemaking would create chapter Comm 102 for establishing definitions in the enterprise zone program administered by the Department under section
560.799 of the Statutes, as modified by
2009 Wisconsin Acts 11 and
28. This rulemaking may also include codifying other practices related to administering this program.
Policy Analysis
The Department has various permanent rules for administering several economic development programs, but those rules do not currently include the expected rule text for (1) defining an original equipment manufacturer with a significant supply chain in Wisconsin, (2) defining full-time employee, and (3) defining tier I and tier II counties and municipalities.
The definition of full-time employee is expected to be consistent with the definition of this term that the Department plans to create in chapter Comm 100 for consolidating five of the Department's development-zone tax-credit programs into a single, statewide program.
The definitions of tier I and tier II counties and municipalities are expected to be consistent with the definitions of these terms that the Department plans to create in chapter Comm 101 for the jobs tax credit addressed in section
560.2055 of the Statutes.
Section
560.799 (6) (g) of the Statutes requires the Department to promulgate these rules. The alternative of not promulgating these rules would disregard that directive.
Statutory Authority
Comparison with Federal Regulations
In researching federal tax incentives, the Department and the Department of Revenue found that there are no tax credits at the federal level which are exactly like the enterprise zone tax credit in sections
71.07 (3w),
71.28 (3w),
71.47 (3w) and
560.799 of the Statutes. The following federal tax credit may apply to some of the activities that may be addressed by the proposed rules, but this federal tax credit is structured differently than the credit in these sections of the Statutes.
Job creation that would be eligible for tax credits under the proposed rules may qualify for the federal consolidated Work Opportunity Tax Credit – which includes tax credits for an employer that hires an individual who is (1) a qualifying Hurricane Katrina employee, (2) a member of a qualifying family with long-term or recent receipt of Temporary Assistance to Needy Families payments, (3) a qualifying food stamp recipient, (4) a qualifying veteran, (5) a qualifying ex-felon, (6) a resident of a designated community, (7) a qualifying summer youth employee, (8) a qualifying recipient of vocational rehabilitative services, or (9) a qualifying recipient of Supplemental Security income.
Entities Affected by the Rule
These rules may affect any business that elects to pursue tax credits for qualifying activities in an enterprise zone designated by the Department. The qualifying activities include beginning or expanding operations in, relocating to, or making significant capital expenditures in the zone.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 80 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Subject
Revises Chapter
Comm 133, relating to the Film Production Accreditation program.
Objective of the Rule
The intended rules would update this chapter to make it consistent with the portions of
2009 Wisconsin Act 28 that address this program. Those portions consist of changes to sections
71.07 (5f) and
(5h),
71.28 (5f) and
(5h), and
71.47 (5f) and
(5h) of the Statutes. This rulemaking may also include clarifying or updating the current rules to make them consistent with current industry and administrative practices.
Policy Analysis
The Department's current rules for tax credits for film productions address (1) the eligibility requirements for film productions to become accredited, (2) the documentation that must be submitted to receive accreditation and to receive acceptance of incurred expenses which are related to tax credits for producing a film production in Wisconsin, (3) the documentation that must be submitted to receive acceptance of incurred expenses which are related to tax credits for establishing a film production company in Wisconsin, (4) the Department's response to the submitted documentation, and (5) use of the Department's response when filing claims with the Department of Revenue for the corresponding tax credits.
The new rules are expected to include (1) narrowing the eligible productions to include only those with at least 35% of their budget spent in Wisconsin, (2) limiting the maximum tax credit in each year to $500,000, (3) expanding the credits to include expenses for operating a film production company in Wisconsin, and (4) imposing an application fee.
The alternative of not promulgating these rules would cause this chapter to remain inconsistent with the current Statutes.
Statutory Authority
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulation that addresses these tax credits.
Entities Affected by the Rule
The proposed rules may affect any entity that elects to pursue tax credits for expenses relating to film production services or to establishing or operating a film production company.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 120 to 180 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Regulation and Licensing
Subject
Revises Chapter
RL 7, relating to the Impaired Professionals Procedure (IPP).
Objective of the Rule
The Department of Regulation and Licensing established a task force to review the Impaired Professionals Procedure (IPP), which is designed to protect the public from credential holders who are impaired by reason of their abuse of alcohol or other drugs. The IPP Task Force created recommendations that have been reviewed by the department, boards and affiliated credentialing boards.
Policy Analysis
Revisions to modernize and improve the IPP will be based on the task force recommendations, the consultation provided by boards, and additional considerations that may be raised during the rule-making process, including available resources.
Statutory Authority
Comparison with Federal Regulations
There is none.
Entities Affected by the Rule
The Department of Regulation and Licensing, examining and affiliated examining boards attached to the department, boards and affiliated credentialing boards, licensed professionals, applicants, employers of licensed professionals, and entities engaged to perform monitoring and evaluation services on behalf of the department.
Estimate of Time Needed to Develop the Rule
200 hours.
Transportation
Subject
Creates Chapter
Trans 198, relating to convenience fees for credit card, debit card, and other electronic payment methods.
Objective of the Rule
2009 Wis. Act 28 allows the Department to accept payments by credit card, debit card, or any other electronic payment mechanism, for fees required to be paid to the Department under chs.
194,
218,
341,
342,
343, or
348, Stats., which are motor vehicle statutes.
Section
85.14, Stats., permits the Department to charge a convenience fee for transactions paid by these methods, in an amount to be established by rule. The convenience fee shall approximate the cost to the Department for providing this service to persons who request it.
This rule making, creating ch.
Trans 198, establishes the Department's interpretation of ss.
85.14 and
20.395 (5) (cg), Stats., and establishes the method that the convenience fee is determined and published.
The proposed rule will consolidate all Division of Motor Vehicles rules relating to convenience fees for credit card, debit card, and other electronic payment methods. Therefore, this rule making will relocate into the proposed rule the provisions that are currently established as sections
Trans 196.04 (1) (d) and
250.04.
Policy Analysis
The Department has currently established a convenience fee for internet registration renewal and internet application of oversize/overweight permits. The convenience fee is determined by the Department annually based on the cost of providing the service, up to a maximum amount stated in the rule, and the fee is published on the Department's web site and in communications that the Department sends to the generally affected populations.
The Department will use similar methodology for this rule.
The Department would like to establish a convenience fee amount that is as uniform as possible, and yet the Department also realizes the convenience fee amount should reasonably relate to the product fee amount, as well as to the cost of providing electronic payment option.
In this rule making, the Department will determine the fee structure for the convenience fee. Examples of issues that the Department will consider: whether the various DMV fee transactions fall into categories which logically are charged a single categorical convenience fee; or whether certain transactions appropriately are removed from a categorical fee structure and instead charged a convenience fee that is a percentage of the DMV transaction amount; and to what degree costs associated with providing electronic payment are similar for different products.
Statutory Authority
Comparison with Federal Regulations
No federal regulations relate to this rule making.
Entities Affected by the Rule
Wisconsin individuals and businesses that receive products from the Division of Motor Vehicles. Businesses that provide electronic payment methods.
Estimate of Time Needed to Develop the Rule
120 hours
