This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay 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 a request from a person with a disability.
Appearances at Hearing and Submission of Written Comments
Interested persons are invited to appear at the Hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until March 5, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
sam.rockweiler@wi.gov. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Proposed Rules
The proposed rules and an analysis of the rules are available on the Internet by entering “Comm 132" in the search engine at the following Web site:
https://health.wisconsin.gov/admrules/public/Home. Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at
sam.rockweiler@wi.gov, or at telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
560.207 (4) of the Statutes requires the Department to promulgate rules for administering a program to certify applicants and allocate tax credits for the dairy manufacturing investments addressed in sections
71.07 (3p),
71.28 (3p) and
71.47 (3p) of the Statutes. Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department.
Related statute or rule
The Department has rules for several other programs associated with tax credits, but those programs are not targeted specifically to investments by dairy cooperatives in dairy manufacturing facilities.
Summary of proposed rule
The proposed rules in this order would expand chapter Comm 132 to enable members of dairy cooperatives to claim tax credits for the cooperatives' investments in dairy manufacturing facilities, as authorized by
2009 Wisconsin Act 2.
Comparison with federal regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulations that address these tax credits.
Comparison with rules in adjacent states
Michigan:
Michigan provides tax abatement to agricultural processing facilities that qualify for the Agricultural Processing Renaissance Zones (APRZ) program. There are no administrative rules for the program, but guidelines are available through the Michigan Economic Development Corporation's Web site at
http://www.themedc.org.
Minnesota:
Minnesota offers various tax credit programs, but none that are similar to the dairy manufacturing facility investment credit in Wisconsin.
Iowa:
In Iowa, the High Quality Job Creation Program offers tax credits, exemptions and refunds to qualifying businesses to offset the cost incurred to locate, expand, or modernize an Iowa facility. Qualifying businesses must meet several eligibility requirements, including producing value-added goods or being in one of 11 targeted industries. Administrative rules for this program are available in the Iowa Administrative Code, 261-Chapter
68. Further information is available through the Iowa Department of Economic Development Web site at
www.iowalifechanging.com.
Illinois:
Illinois offers various tax credit programs, but none that are similar to the dairy manufacturing facility investment credit in Wisconsin.
Summary of factual data and analytical methodologies
The data and methodology for developing these proposed rules were derived from and consisted of (1) incorporating the applicable criteria from
2009 Wisconsin Act 2, (2) incorporating applicable best practices the Department has developed in administering the current tax credit program for dairy manufacturing facility investments, (3) soliciting and utilizing input from the Department of Revenue, and (4) reviewing Internet-based sources of related federal and state information.
Analysis and supporting documents used to determine effect on small business
The primary document that was used to determine the effect of the proposed rules on small businesses was
2009 Wisconsin Act 2. The proposed rules apply their private-sector requirements only to dairy cooperatives that choose to pursue tax credits for investing in dairy manufacturing facilities.
Small Business Impact
The proposed rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by dairy cooperatives that choose to pursue tax credits for dairy manufacturing modernization or expansion activities.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
Members of dairy cooperatives that choose to pursue the tax credits in sections
71.07 (3p),
71.28 (3p), and
71.47 (3p) of the Statutes, for investing in dairy manufacturing facilities.
Reporting, bookkeeping and other procedures required for compliance with the rules.
An application form prescribed by the Department must be completed and submitted to the Department.
Types of professional skills necessary for compliance with the rules.
No new professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 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
Although the rules will newly result in review of documentation relating to certifying dairy cooperatives and allocating tax credits to them for investments in dairy manufacturing facilities, the number of these reviews and allocations is expected to be too small to result in significant changes in the Department's costs for administering its business development programs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.
The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to tax credits for investments by dairy cooperatives in dairy manufacturing facilities.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None known.
Agency Contact Person
Steven Sabatke, Wisconsin Department of Commerce, Bureau of Business Finance and Compliance, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 267-0762; e-mail
Steven.Sabatke@Wisconsin.gov.
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler,
sam.rockweiler@wi.gov, or at telephone (608) 266-0797.
Notice of Hearing
Financial Institutions — Credit Unions
NOTICE IS HEREBY GIVEN That pursuant to ss.
186.235 (8) and 227.1 1
(2), Stats., the Office of Credit Unions will hold a public hearing to consider a rule to create Chapter
DFI-CU 65, relating to credit union service organizations.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
February 26, 2010
Friday
At 10:00 a.m.
|
Dept. of Financial Institutions
345 W. Washington Avenue
5th Floor
Madison, Wisconsin
|
Copies of Proposed Rule, Submission of Written Comments, and Agency Contact Information
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@ wisconsin.gov. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
For substantive questions on the proposed rule, contact Suzanne Cowan, Director, Office of Credit Unions, P.O. Box 14137, Madison, WI 53708-0137, tel. (608) 267-2609, e-mail
suzanne.cowan@wisconsin.gov.
Analysis Prepared by the Office of Credit Unions
Statute(s) interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Pursuant to ch.
186, Stats., the Office of Credit Unions regulates state-chartered credit unions and credit union service organizations.
Summary of proposed rule
The objective of the rule is to create ch.
DFI-CU 65. The purpose of the rule is to set forth certain procedures and requirements for credit union service organizations, including notice, corporate separateness, legal opinions, expansion of services, conflicts of interest, report and audit procedures, increase of investment, and supervision.
Comparison with existing or proposed federal regulations
Comparable rules may be found in federal regulations governing federally-chartered credit unions, National Credit Union Administration regulation Part 712.
Comparison with rules in adjacent states
Illinois has comparable rules; Minnesota, Iowa and Michigan do not.
Summary of factual data and analytical methodologies
The office applied its own experience in its regulation of credit union service organizations regarding the notice, corporate separateness, legal opinions, expansion of services, conflicts of interest, report and audit procedures, increase of investment, and supervision matters addressed by the rule. An additional resource for the office is the National Credit Union Administration and its regulation of credit union service organizations. Furthermore, the office has met and discussed with various credit unions and industry representatives matters regarding CUSO regulation.
Small Business Impact
Small businesses are neither involved nor effected by this rule.
Fiscal Estimate
The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.
Natural Resources
