Scope Statements
Financial Institutions — Banking
This statement of scope was approved by the governor on September 6, 2012.
Rule No.
Chapter DFI-BKG 74.
Relating to
Wisconsin collectors licensed under Chapter
218.
Rule Type
(Permanent) Modifications.
Detailed Description of the Objective of the Proposed Rule
Currently, Rule s. DFI-BKG 74.11 (2) (d) allows a licensee to collect a fee not to exceed the lesser of $25 or 3% of the payment amount when the debtor pays by credit card. This revision expands the rule to cover payments made using a debit card.
Also, as a result of a large volume of misdirected mail being sent to DFI, we are also proposing changing s. DFI-BKG 74.13 (1) to eliminate DFI's address from initial communication with debtors.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
A. Existing Rule: s. DFI-BKG 74.11 (2) (d) A fee not to exceed the lesser of $25 or 3% of the payment amount, not including the fee, may be added to the account of the debtor when the debtor makes a payment using a credit card.
Proposed Rule: s. DFI-BKG 74.11 (2) (d) A fee not to exceed the lesser of $25 or 3% of the payment amount, not including the fee, may be added to the account of the debtor when the debtor makes a payment using a credit card or debit card.
B. Existing Rule: s. DFI-BKG 74.13 (1) Unless the initial communication is written and contains the following notice or the debtor has paid the debt, a licensee shall send the debtor the following notice within 5 days after the initial communication with a debtor: “This collection agency is licensed by the Division of Banking, P.O. Box 7876, Madison, Wisconsin 53707." This notice shall be in at least 8 point type and shall be typed or printed on either a collection notice or on the validation of any debt directed to the debtor by the licensee pursuant to Section 809 of the Federal Fair Debt Collection Practices Act.
Proposed Rule: DFI-BKG 74.13 (1) Unless the initial communication is written and contains the following notice or the debtor has paid the debt, a licensee shall send the debtor the following notice within 5 days after the initial communication with a debtor: “This collection agency is licensed by the Division of Banking,
www.wdfi.org." This notice shall be in at least 8 point type and shall be typed or printed on either a collection notice or on the validation of any debt directed to the debtor by the licensee pursuant to Section 809 of the Federal Fair Debt Collection Practices Act.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
The statutory authority for the rule is as follows: “It shall be the duty of the division and the division shall have power, jurisdiction and authority to investigate the conditions and ascertain the facts with reference to the collection of accounts and upon the basis thereof [t]o make all necessary or proper orders, rules and regulations for the administration and enforcement of this chapter." Section
218.04 (7) (d), Stats.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
120 hrs
List with description of all entities that may be affected by the proposed rule
Wisconsin collectors licensed under Chapter
218, Stats.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
N/A
There is no federal regulation in regards to collection agencies.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
This change should have a positive impact on Wisconsin collectors licensed under Chapter
218, Stats. They will now be able to access a fee on both credit card and debit card transactions.
Contact Person
Eric Knight, Executive Assistant
Department of Financial Institutions
Office of the Secretary
(608) 267-1718
Revenue
This scope statement was approved by the governor on September 18, 2012.
Rule No.
Relating to
Sales and use tax provisions relating to advertising and promotional direct mail and prosthetic devices.
Rule Type
Permanent. (Revisions)
Detailed description of the objective of the proposed rule
The objectives of the rule are to:
□ Amend the second note at the end of s.
Tax 11.72 to correctly reflect the effective date of the repeal of the sales and use tax exemption for cloth diapers.
□ Amend the list of taxable and exempt purchases contained s.
Tax 11.17 (3) to move “Splints and cast materials" and “Rib belts and supports" from the taxable list to the exempt list so that it is consistent with the information in ss.
Tax 11.08 (4) and
11.45 (3) (b) 9. and current law.
Description of existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
Existing policies are as set forth in the rules. A new policy is being proposed to reflect a law change concerning advertising and promotional direct mail. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
With respect to the change to s.
Tax 11.17 (3), the information currently contained in this rule is incorrect and/or inconsistent with s.
Tax 11.45 (3) (b) 9. This change would make these rules consistent with each other and current law.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
77.65 (3), Stats., provides “t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
The department estimates it will take approximately 100 hours to develop the rule.
List with description of all entities that may be affected by the proposed rule
Purchasers and sellers of advertising and promotional direct mail, splints and cast materials, and rib belts and supports.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven
(608) 266-8253
Revenue
This scope statement was approved by the governor on September 18, 2012.
Rule No.
Relating to
General provisions of income taxation and sales and use tax.
Rule Type
Permanent. (Revisions)
Detailed description of the objective of the proposed rule
The objectives of the rule are to:
□ Amend s. Tax 1.11 (4) (d) to reflect the Lottery Board no longer exists and the lottery is instead a division of the department.
□ Repeal s.
Tax 2.085 (2) to reflect the form specified is no longer used.
□ Add a note to s.
Tax 2.50 (1) explaining that a public utility that is a corporation may be in a combined group.
□ Repeal s.
Tax 2.90 (6) to reflect retirement pay or pension are not part of the statutory definition of “wages" for withholding purposes.
□ Repeal s.
Tax 2.97, which is out-of-date and thus obsolete.
Description of existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department recently initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
In addition, under s.
71.80 (1) (c), Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes. This authority pertains to all of the proposed changes in this rule, except those concerning Chapter
Tax 11.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
The department estimates it will take approximately 100 hours to develop the rule.
List with description of all entities that may be affected by the proposed rule
Tax professionals, businesses, and others who rely on clear, current, and concise rules
Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven
(608) 266-8253
Revenue
This scope statement was approved by the governor on on September 18, 2012.
Rule No.
Relating to
The manufacture, sale, and distribution of fermented malt beverages by brewpubs.
Rule Type
Permanent. (Revisions)
Detailed description of the objective of the proposed rule
The objective of the rule is to administer the provisions of s.
125.295 (5), Stats., as created by
2007 Wisconsin Act 20, and reflect the requirements for persons holding brewpub permits.
Description of existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department recently initiated a comprehensive review of all of its administrative rules.
Part of the department's review focused on the provisions of
2007 Wisconsin Act 20. Section
125.295, Stats., as created by
2007 Wisconsin Act 20, requires the department to promulgate rules and prescribe forms to ensure strict compliance with its requirements. Although the department has prescribed forms, issued brewpub permits, and taken other compliance measures, it was determined that in furtherance of compliance the provisions of
2007 Wisconsin Act 20 should be reflected in Chapter
Tax 7, the administrative rules regulating the sale, distribution, trade practices, and taxation of fermented malt beverages.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
125.03, Stats., provides “[t]he department, in furtherance of effective control, may promulgate rules consistent with this chapter and ch.
139."
Section
125.295 (5), Stats., as created by
2007 Wisconsin Act 20, provides “[t]he department shall promulgate rules and prescribe forms to ensure strict compliance with the requirements under this section."
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
The department estimates it will take approximately 100 hours to develop the rule.
List with description of all entities that may be affected by the proposed rule
Holders of state-issued brewpub permits and fermented malt beverage wholesaler permits and municipally-issued retailer licenses.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
The Federal Alcohol Administration Act, Title 27 United States Code, provides the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury (TTB) with broad provisions regarding the manufacture, sale and marketing of alcohol beverages (distilled spirits, wines and fermented malt beverages). Each person before commencing business as a brewer must give notice to the TTB on a prescribed Brewer's Notice form. Chapter 51 of the Internal Revenue Code of 1986 (IRC) sets forth excise tax collection and related provisions pertaining to distilled spirits, wines and beer.
26 U.S.C. 5051 imposes a tax on all beer brewed or produced , and removed for consumption or sale within the United States, or imported into the United States.
26 U.S.C. 5412 provides that beer may be sold only in specified containers, marked, branded, or labeled in such manner as the Secretary of the Treasury may require. The
rule will be influenced by these provisions, but will not interfere with or duplicate them.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven
(608) 266-8253
Revenue
This scope statement was approved by the governor on September 18, 2012
Rule No.
Relating to
General provisions of excise taxation and enforcement.
Rule Type
Permanent. (Revisions)
Detailed description of the objective of the proposed rule
The objectives of the rule are to:
• Amend s.
Tax 4.05 (1) to provide a definition of taxicab consistent with the statutory definition.
• Update notes and examples throughout Chapter
Tax 4 to provide current rates of tax and department contact information.
• Repeal s.
Tax 8.11 concerning the submission of paper reports, as all reports are electronically filed.
• Update notes throughout Chapter
Tax 8 to provide current contact information for the department.
• Amend s.
Tax 9.19 to reflect that, due to advances in technology, machines other than fuson machines may be used to affix cigarette stamps.
• Amend s.
Tax 9.21 (3) to be consistent with s.
139.34 (3), Stats., which prohibits out-of-state distributers from shipping unstamped cigarettes to other distributers.
• Repeal s.
Tax 9.26 (1) to ensure compliance with Master Settlement Agreement requirements concerning the level of trade or transfer of unstamped cigarettes between distributers among themselves and also with manufacturers.
• Update notes and examples throughout Chapter
Tax 9 to provide current rates of tax and department contact information.
Description of existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department recently initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
125.03, Stats., provides “[t]he department, in furtherance of effective control, may promulgate rules consistent with this chapter and ch.
139."
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
The department estimates it will take approximately 100 hours to develop the rule.
List with description of all entities that may be affected by the proposed rule
Manufacturers, wholesalers, retailers, tax professionals, and other businesses and individuals who rely on clear, current, and concise rules
Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
No economic impact is anticipated.
Contact Person
Dale Kleven
(608) 266-8253
Safety and Professional Services—Occupational Therapists Affiliated Credentialing Board
This statement of scope was approved by the governor on September 28, 2012.
Rule No.
Relating to
Modernization of occupational therapy regulations.
Rule Type
Permanent. (Revisions)
Finding/nature of emergency (Emergency Rule only):
N/A
Detailed description of the objective of the proposed rule:
Modernize the rules governing licensed occupational therapists and occupational therapist assistants to reflect current practice in the profession.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
The Occupational Therapists Affiliated Credentialing Board (Board) has undertaken a review of its current rules as a response to changes within their profession. The majority of the current rules have been in place since January 2003. A great deal has changed within the profession since the initial promulgation of the rules. Specifically, as of April 14, 2011 the American Occupational Therapy Association ( AOTA) redefined the definition of Occupational Therapy Practice. The profession has expanded and grown past much of the current language in the rules. Definitions such as evaluation, occupational performance areas, occupational performance components, occupational performance contexts, prevention and screening need updating to reflect profession specific terminology that's in step with the today's practice of occupational therapy. Also, the Biennial Registration date should be corrected to reflect the accurate date. These are a few examples of how outdated the current rules are.
The Board's review will be comprehensive identifying specific sections of Chapter
OT 1 to
OT 5 for revision. However, although the Board's review of terminology, practice standards, and licensing requirements will be comprehensive, it will not result in a major policy change. With these revisions, the Board seeks to clarify the existing rules. In the alternative, if new rules are not promulgated the current rules will continue to lag behind standards and terminology presently used in the profession.
Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The legislature has granted general statutory authority to affiliated credentialing boards for rule writing in the following sections ss.
15.085 (5) (b),
227.11 (2) (a), and
403.035 (1), Stats. The legislature has granted specific rule writing authority to the Occupational Therapists Affiliated Credentialing Board via s.
448.965 (1) and
(2), Stats. The Board may write rules that set forth standards for passing examination for occupational therapists and occupational therapy Assistants, continuing education requirements, standards for unprofessional conduct, and rules that define the scope of practice for the profession.
(1) The affiliated credentialing board shall promulgate rules that establish each of the following:
(a) Standards for acceptable examination performance by an applicant for licensure as an occupational therapist or occupational therapy assistant.
(b) Continuing education requirement for license renewal for an occupational or occupational therapist or occupational therapy assistant under s.
448.967 (2), Stats.
(c) Standards of practice for occupational therapy, including a code of ethics and criteria for referral.
(2) The affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
250
List with description of all entities that may be affected by the proposed rule:
Individuals that will be affected by the rule include licensed occupational therapist and occupational therapists assistants, OT instructors, applicants for licensure as an occupational therapist or occupational therapist assistant and occupational therapist professional associations. Persons and entities employing occupational therapists may be impacted as well.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
It is anticipated that the implementation of this rule will have no economic impact on small businesses.
Contact Person
Shawn Leatherwood
608-261-4438
