Rule-Making Notices
Notice of Hearing
Administration
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1) and
227.11 (2) (a), Stats., the Department of Administration will hold a public hearing on the emergency rule and proposed permanent rule to amend Chapter
Adm 2 relating to use of state buildings and facilities.
Hearing Information
Date: Friday, July 12, 2013
Time: 2:30 p.m. to 4:30 p.m.
Location: St. Croix Room
WI Department of Administration Building
101 East Wilson Street, 1st Floor
Madison, WI 53702
Appearance at Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rule. Persons appearing may make an oral presentation but are also urged to submit facts, opinions, and arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without personal appearance. Written comments on the proposed rule may be submitted to:
Donna Sorenson
Department of Administration
P.O. Box 7864
Madison, WI 53707-7864
Fax: (608) 267-3842
The deadline for submitting comments to the Department is 4:30 p.m. on July 15, 2013.
Availability of Rules
Copies of this proposed rule and fiscal estimate are available upon request to Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864, or by email at
donna.sorenson@wisconsin.gov.
Analysis Prepared by the Department of Administration
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department is the managing authority of numerous state properties and is required to “Have charge of, operate and maintain...the state capitol building...and such other state properties as are designated by law." Section
16.84 (1), Wis. Stats. “The department shall promulgate under ch.
227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department." Section
16.846 (1), Wis. Stats. Additionally, “the managing authority of any facility owned by the state...may permit its use for free discussion of public questions, or for civic, social or recreational activities." Section
16.845 (1), Wis. Stats. Further, “Whoever does or attempts an act for which a permit is required under this section without first obtaining a permit may be fined...or imprisoned...or both."
The Legislature has vested management authority over various state buildings and grounds, including those of the Wisconsin State Capitol, in the Department of Administration since 1979. Section
16.84 (1), Wis. Stats. Since 1979, the Department has permitted the use of these buildings and grounds for the free discussion of public questions and other purposes, so long as such uses did not interfere with the prime uses of these facilities, or otherwise infringe on interests of the state. Section
16.845, Wis. Stats., and s.
Adm 2.04, Wis. Adm Code.
Beginning February 2011, groups of persons began to occupy the Wisconsin State Capitol building without permits. This included appropriating rooms and hallways in the Capitol building for purposes such as camping and storage of bulk supplies. To restore order to the building and return the building to a point where the work of the Wisconsin State Legislature and the Supreme Court of Wisconsin could perform their constitutionally authorized functions without undue disruption, the Department expended funds in excess of $7,400,000 for law enforcement personnel. The continuous occupation of the State Capitol was formally terminated in March of 2011.
Groups of persons continue to occupy rooms in the Wisconsin State Capitol building without permits, including the Capitol rotunda. These groups constitute an exception to the norm. The Wisconsin State Capitol Police (WSCP) issue more than 400 permits annually for the use of various state facilities. Permits are used for a variety of purposes, whether political, non-political, charitable, or commercial. Permits are issued regardless of political party, affiliation, or content.
Occupation of the Capitol rotunda and other areas has caused disruptions to properly permitted events and normal government activities, including but not limited to, a Red Cross blood drive, a high school science exhibit, school group tours, general public tours, and legislative committee meetings and sessions. The State does not refuse permits for the lawful and safe use of the State facilities by any group or groups. Neither can the State allow any group to occupy the Capitol in disregard of the rights of permit holders, public employees, or visitors. It is imperative that the Department continue to gain greater compliance from user groups in order to protect the public safety and welfare.
The Department hereby proposes an order to repeal s.
Adm 2.14 (2) (vr) c.; to renumber and amend s.
Adm 2.14 (2) (vr) a. and b.; to amend ss.
Adm 2.02 (1) (a),
2.04 (1), ( 2), (3), (5) and (7), 2.07 (2), 2.08 (1) and (1) (d), 2.11, 2.14 (2), (2) (v), (2) (vm), and (2) (vm) 5.; and to create ss.
Adm 2.03 (3m),
(3r), and
(6m),
2.04 (1m) and
(1r).
Related statute or rule
Summary and plain language analysis
The objective of the rule is to obtain greater compliance from user groups regarding facility use. This objective will be achieved by codifying historical Department practices and more clearly detailing certain provisions of the administrative code as informed by judicial interpretations.
Section 1 — The proposed change, in combination with a change in Section 3, seeks to clarify the historical interpretation of the Wisconsin State Capitol Police, that the Administrative Rules can be applied in areas under the control of the Legislature, at the invitation of the Legislature.
Section 2 — The proposed changes incorporate definitions found in the Department's Facilities Access Policy, and harmonizes those definitions with existing rules.
Section 3 — There are three proposed changes occurring in this section. The first proposed change, in combination with the change in Section 1, seeks to clarify the historical interpretation of the Wisconsin State Capitol Police, that the Administrative rules can be applied in areas under the control of the Legislature, at the invitation of the Legislature. The second proposed change expands the types of persons who are allowed by rule to apply for a permit from only the listed persons (governmental bodies, non-profits, etc.) to any person, in accordance with the historical practice of the Wisconsin State Capitol Police. The third proposed change incorporates the use of the terms “event" and “exhibit," as found in Section 2 above.
Section 4 — There are two proposed changes in this section. The first proposed change codifies the ability of the Department to set reasonable time, place, and manner restrictions for particular buildings and facilities. Due to the fact that there are dozens of buildings and facilities under the jurisdiction of the Department, and due to the potential for changes to the use of those buildings and facilities, it would not be practicable to incorporate all such time, place, and manner restrictions into the Administrative Code. The second proposed change codifies additional restrictions on the exercise of discretion by the Wisconsin Capitol Police and creates a severability clause.
Section 5 — There are five proposed changes in this section. The first proposed change codifies the ability of the Department to waive the 72 hour application requirement on a neutral basis. The second proposed change removes from the code a provision giving the Department unlimited discretion to resolve conflicts between competing uses. The third proposed change allows the Department to provide additional explanation to the public regarding how costs are applied under the Administrative Code for informational purposes. The fourth change extends protection to persons based upon sexual orientation, which is not found in the existing rule. The fifth change incorporates the use of the terms “event" and “exhibit."
Section 6 — There are two proposed changes in this section. The first change incorporates the use of the terms “event" and “exhibit." The second seeks to further clarify the distinction between when a person is simply holding a sign as part of an event, as opposed to creating an exhibit, by creating a size distinction between the two.
Section 7 — There are two proposed changes to this section. The first change clarifies that a person who creates a hazard in a state building or facility may receive a citation if they refuse to correct or remove the hazard. The second change clarifies that the prohibition applies to all types of decorations and the like, and not simply holiday decorations.
Section 8 — The proposed change is meant to clarify what occurs with confiscated materials given that there are two administrative code provisions dealing with this topic; the clarification is intended to follow the cannon of construction that the more specific rule applies over the more general rule.
Section 9 — The proposed changes are organizational in nature, and are designed to clarify that there were multiple potential citations created under one administrative code subsection in the existing code, Wis. Adm. Code s.
Adm 2.14 (2) (v), in accordance with recent judicial interpretations of that subsection. By dividing the existing subsection into multiple pieces, and by arranging the use of some language more appropriately, the new code section should require less technical expertise to interpret. Additionally, defined terms are incorporated and used in the new code sections.
Section 10 — The proposed changes in this section again continue the clarification of Wis. Adm. Code s.
Adm 2.14 (2) by improving the organization of the subsection.
Section 11 — The proposed change eliminates language now rendered superfluous by improved organization of Wis. Adm. Code s.
Adm 2.14 (2).
Summary of and comparison with, existing or proposed federal regulations
Existing federal regulations vary by agency, state, and facility, and are too numerous to permit meaningful comparative analysis.
Comparison with rules in adjacent states
All adjacent states have similar administrative code provisions. Illinois requires permits for demonstrations or other events to be submitted at least 48 hours in advance of the use, unless the requestor can provide by a preponderance of the evidence that the cause of the event was unknown or resulted from changed circumstances. Michigan does not permit demonstrations or other activities without written authorization. Michigan also requires written authorization for displays, and requires that such requests “normally" be submitted 30 days in advance. Likewise, Minnesota requires a permit, with agreements to be reached regarding topics including, “security, police protection, liability for damages, and cleanup of areas" prior to issuance of a permit. Iowa also requires a written application and approval by written letter or a memorandum of understanding signed by the event director.
Effect on Small Business
The proposed rule changes will have no impact upon small businesses.
Initial Regulatory Flexibility Analysis
The proposed rule will not affect small businesses.
Fiscal Estimate
Modification of the existing rules should decrease the costs of gaining compliance with the rules by reducing the number of issues currently subject to litigation. In the long term, modification of existing rules to conform to practice and to expand the legally recognized categories of permitted users should increase the legitimacy of the permitting process for the general public, leading to greater voluntary compliance and reduced costs.
Summary of Economic Impact Analysis
The rule modifications are expected to have no economic impact. A copy of the Economic Impact Analysis may be obtained from the agency at no charge by contacting Donna Sorenson at:
Department of Administration
P.O. Box 7864
Madison, WI 53707-7864
Fax: (608) 267-3842
Small Business Regulatory Coordinator
Joe Knilans
608-267-7873
Internet Link to Rule
Contact Person
Wendy Coomer
Department of Administration
101 E. Wilson Street, 10th Floor
Madison, WI 53702
Notice of Hearing
Agriculture, Trade and Consumer Protection
NOTICE IS HEREBY GIVEN that the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) will hold a public hearing on a proposed rule to revise Chapters
ATCP 90,
91,
92,
113, and
136, relating to fair packaging and labeling; selling commodities by weight, measure, or count; weights and measures; gasoline advertising; and mobile air conditioners — reclaiming or recycling refrigerant; various minor and technical rule changes; and affecting small business.
DATCP will hold one public hearing at the time and place shown below:
Hearing Information
Date: Wednesday, August 7, 2013
Time: 10:00 a.m. to 11:00 a.m.
Location: Board Room (1st Floor)
Department of Agriculture, Trade and
Consumer Protection
2811 Agriculture Drive
Madison, WI 53718-6777
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by July 24, 2013, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
kevin.leroy@wisconsin.gov; or by telephone at (608) 224-4928. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Copies of Proposed Rules and Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearings, the hearing record will remain open until
August 21, 2013, for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, or to
kevin.leroy@wisconsin.gov, or to
http://adminrules.wisconsin.gov.
You can obtain a free copy of this hearing draft rule and related documents including the Economic Impact Analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4728 or by emailing
kevin.leroy@wisconsin.gov. Copies will also be available at the hearing. To view the hearing draft rule online, go to:
http://adminrules.wisconsin.gov.
Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to
keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule makes minor and technical changes to a number of current rules administered by the Department of Agriculture, Trade and Consumer Protection (DATCP).
Statutes interpreted
Statutory authority
Sections
93.07 (1),
97.09 (1) and
(4),
97.42 (4) (j),
98.03 (2),
98.07 (3) and
(4),
98.16 (4),
98.18 (2),
98.224 (4),
98.245 (9),
100.20 (2), and
100.45 (5) (a) and
(e), Stats.
Explanation of statutory authority
DATCP has broad general authority, under s.
93.07 (1), Stats., to interpret laws under its jurisdiction.
DATCP has authority under s.
97.09 (1), Stats., to define or adopt standards of identity, composition, quality, and fill of food containers. DATCP has general authority, under s.
97.09 (4), Stats., to adopt rules specifying standards to protect the public from the sale of adulterated or misbranded foods. DATCP has authority under s.
97.42 (4) (j), Stats., to administer inspections of animals, poultry and carcasses.
DATCP has authority under s.
98.03 (2), Stats., to issue rules governing the construction, installation, and use of commercial weights and measures and prescribing tolerances. DATCP has authority under s.
98.07 (3) and
(4), Stats., to issue rules specifying tolerances for variations from quantities stated on packages. DATCP has authority under s.
98.16 (4), Stats., to regulate the construction, operation, testing, and maintenance of vehicle scales. DATCP has authority under s.
98.18 (2), Stats., to regulate the installation, servicing, testing, and certification of weights and measures. DATCP has authority under s.
98.224 (4), Stats., to promulgate rules that establish standards for the construction, operation, and maintenance of vehicle tank meters, and authority under s.
98.245 (9), Stats., to establish standards for liquefied petroleum gas meters.
DATCP has authority under s.
100.20 (2) (a), Stats., to forbid unfair methods of competition and unfair trade practices.
DATCP has authority under s.
100.45 (5) (a), Stats., to promulgate rules establishing standards for recycled refrigerant based on recognized national industry standards, and qualifications for individuals and businesses that service mobile air conditioners. However, s.
100.45 (5e) (b), Stats., prohibits DATCP from promulgating rules that prohibit the sale of refrigerant that is a substitute for ozone-depleting refrigerant in a container holding less than 15 pounds.
Related statutes and rules
This proposed rule updates a number of existing rule chapters and is related to several statutes and rules.
Chapter
ATCP 90, Fair Packaging and Labeling, requires certain information be included on product labels. This rule is related to ch.
97, Stats., Food Regulation and ch.
ATCP 98, Stats., Weights and Measures.
Chapter
ATCP 91, Selling Commodities by Weight, Measure or Count, regulates how a seller communicates quantity of product to the buyer. This rule is related to ch.
98, Stats., Weights and Measures.
Chapter
ATCP 92, Weights and Measures, regulates the accuracy of scales, tank meters, and other measuring devices. It contains license or certification programs for devices, technicians and service companies. This rule is related to ch.
98, Stats., Weights and Measures.
Chapter
ATCP 113, Gasoline Advertising, prohibits gasoline sellers from misrepresenting the octane rating of gasoline. This rule is promulgated under s.
100.20, Stats., Unfair Trade Practices. Gasoline octane is also regulated under Ch.
168, Stats., Oil Inspection, and ch.
SPS 348, Petroleum and Other Liquid Fuel Products.
Chapter
ATCP 136, Mobile Air Conditioners; Reclaiming or Recycling Refrigerant, regulates the repair or service of motor vehicle air conditioners and trailer refrigeration equipment. This rule relates to s.
100.45, Stats., Mobile Air Conditioners.
Plain language analysis
Rule Content
General
This rule modifies existing rules with a number of technical updates and minor changes. It does not represent any significant shift in the overall goals or policies of the existing rules.
Chapter
ATCP 90 — Fair Packaging and Labeling
Under current rules, the definition of “unreasonable shortage" as it relates to Fair Packaging and Labeling, refers to the maximum allowable variation specified for a commodity in the National Institute of Standards and Technology (NIST) Handbook 133, “Checking the Net Contents of Packaged Goods." However, the current rule does not specify which edition of NIST Handbook 133 it is referencing. This rule modifies the definition of “unreasonable shortage" to specifically reference NIST Handbook 133, “Checking the Net Contents of Packaged Goods," (2013 edition).
Chapter
ATCP 91 — Selling Commodities by Weight, Measure or Count
The current rule lists a number of commodities and incorporates references to NIST Handbook 130, “Uniform Laws and Regulations in the Area of Legal Metrology and Engine Fuel Quality," (2011 edition). This rule updates these references to the 2013 edition. It also corrects references to specific sections (in the case of liquid oxygen used for respiration and liquefied petroleum gases).
Chapter
ATCP 92 — Weights and Measures
The current rule regulates weighing and measuring devices, state and municipal inspection programs, and licensing requirements for service companies. The current rule incorporates references to NIST Handbook 44, “Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices," (2011 edition) This rule updates these references to the 2013 edition.
The current rule contains several “notes" informing the reader how to obtain license applications and similar documents from DATCP. This rule updates these notes to conform to changes in DATCP web pages and other changes.
Chapter
ATCP 92, Subchapter IV, regulates vehicle scales and livestock scales. However, there are some significant differences between the two. Installing or relocating a vehicle scale requires a permit from DATCP. DATCP also collects installation reports for vehicle scales, and reviews request for variances on the construction standards contained in the rule. This rule clarifies that there is no need for operators to request variances for livestock scales (because there is no permit requirement and they are not required to submit their construction plans).
This rule also modifies the definition of “vehicle scale" to make it clear that ch.
ATCP 92 does not apply to scales that are not in commercial service.
The current rule affirms that it is an unfair trade practice for sellers of gasoline to mislead buyers regarding the octane rating of gasoline, claim that the gasoline is suitable for aviation if it is not, or claim the gasoline is of greater value because it contains high octane components without clearly stating the octane value of the total product. The current rule references octane standards contained in “ASTM Manual for Rating Motor Fuels by Motor and Research Methods", published 1956.
This rule updates references to ASTM standards.
Chapter
ATCP 136 — Mobile Air Conditioners; Reclaiming or Recycling Refrigerant
Pursuant to s.
100.45, Stats., DATCP regulates the use of refrigerants in mobile air conditioners. Under the current rule, among other things, no person may buy, sell, or consign refrigerant in a container holding less than 15 pounds (this is sometimes informally referred to as the “small can ban"). However,
2011 Wisconsin Act 187 restricts DATCP's authority to prohibit sales of non-ozone-depleting refrigerants. Therefore, under the proposed rule, only ozone depleting refrigerants are prohibited from being sold in containers less than 15 pounds.
The current rule regulates the types of equipment that can be used to reclaim or recycle refrigerants from mobile air conditioners. Recently, the Environmental Protection Agency (“EPA") has approved a new type of refrigerant (“HFO-1234fy"). This rule updates the current rule to recognize the new product and associated specifications and equipment standards.
Summary of, and comparison with, existing or proposed federal statutes and regulations
This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (“NIST"). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards.
The fuel octane standards incorporated by reference by this rule into ch.
ATCP 113 are identical to standards used by the EPA to regulate fuel quality.
This rule updates Wisconsin's mobile air conditioner rules to conform to the most recent EPA standards.
Comparison with rules in adjacent states
Generally, this rule updates standards incorporated by reference contained in several chapters of the Wisconsin Administrative Code. Most states, including all of Wisconsin's neighbors, recognize the same accepted standards in their statutes and rules.
This rule brings Wisconsin's rules relating to mobile air conditioning refrigerants into conformity with neighboring states' rules.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. This rule makes minor or technical changes to current rules.
Analysis and supporting documents used to determine effect on small business or in preparation of an Economic Impact Analysis
This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. Therefore, this rule is not anticipated to have an economic impact.
Effect on Small Business
This rule updates references to technical standards to the most recent editions of those standards without significant changes. This rule simply continues policies already in place in current rules or updates rules to conform to recent changes in the statutes. Except as noted below, this rule does not have an effect on small businesses.
Chapter
ATCP 113 — Gasoline Advertising, updating references to most recent standards may increase the enforceability of the rule. Chapter
ATCP 113 relies on nationally recognized standards for octane rating published by ASTM. However, the current rule relies on standards that are outdated and is, therefore, difficult to enforce. Updating the standards, as proposed in this rule, will improve the enforceability. By making it easier to punish any business that might mislead consumers about the octane rating or value, this rule should benefit honest sellers of gasoline.
This rule will benefit businesses that service mobile air conditioners. Under this rule, these businesses can service units that require the new refrigerant HFO-1234yf. This product was only recently approved by EPA.
Environmental Impact
This rule does not have an environmental impact.
Standards Incorporated by Reference
This rule incorporates, by reference, the following standards:
•
Air Conditioning, Heating and Refrigeration Institute (AHRI)
○ AHRI 740-1998 Refrigerant Recover / Recycling Equipment.
•
ASTM International
○
ASTM D4814-12 Standard Specifications for Automotive Spark-Ignition Engine Fuel.
○
ASTM D2699-12 Standard Test Method for Research Octane Number of Spark Ignition Engine Fuel.
○
ASTM D2700-12 Standard Test Method for Motor Octane Engine Fuel.
• NIST (National Institute of Standards and Technology), 2013 editions:
○
Handbook 44, Specifications, Tolerances, and other Technical Requirements for Weights and Measures.
○
Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality.
○
Handbook 133, Checking the Net Contents of Packaged Goods.
• SAE International
○
SAE J2843-2013 (R-1234fy (HFO1234yf)) Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems).
○
SAE J2851-2012 (Recovery Equipment for Contaminated Refrigerant from Mobile Automotive Air-Conditioning Systems).
Agency Contact
Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911; or by emailing
kevin.leroy@wisconsin.gov; or by telephone at (608) 224-4928.
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Ch. ATCP 90, Fair Packaging and Labeling
Ch. ATCP 91, Selling Commodities by Weight, Measure or Count
Ch. ATCP 92, Weights and Measures
Ch. ATCP 113, Gasoline Advertising
Ch. ATCP 136, Mobil Air Conditioners; Reclaiming or Recycling Refrigerant
|
Subject
|
Various minor and technical updates to existing rules.
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽
Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
|
Policy Problem Addressed by the Rule
|
This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies.
This rule updates existing rules in several ways:
• ATCP 90 — Fair Packaging and Labeling
○Updates the existing rule's references to NIST Handbook 133 — Checking the Net Contents of Packaged
Goods to the most recent edition of the standards.
• ATCP 91 — Selling Commodities by Weight, Measure or Count
○Updates the existing rule's references to NIST Handbook 130 — Uniform Laws and Regulations in the Area of Legal Metrology and Engine Fuel Quality to the most recent edition of the standards.
○Corrects certain references to specific sections of Handbook 130.
• ATCP 92 — Weights and Measures
○Updates the existing rule's references to NIST Handbook 44 — Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices to the most recent edition of the standards.
○Updates several “
notes" in current rule regarding instructions on how to contact DATCP for additional
information.
○Clarifies existing regulations regarding vehicle scales and livestock scales
○Clarifies that ch. ATCP 92 does not apply to vehicle scales that are not in commercial service.
|
• ATCP 113 — Gasoline Advertising
○Updates the existing rule's reference to ASTM standards for octane rating test methods.
• ATCP 136 — Mobile Air Conditioners; Reclaiming or Recycling Refrigerant
○Revises the current rule's prohibition on buying and selling containers of any refrigerant in containers holding less than 15 pounds in order to conform to 2011 Wisconsin Act 187. Under this rule (and Act 187), only ozone
depleting refrigerants are prohibited from being sold in containers less than 15 pounds.
○Updates rule to incorporate a new type of refrigerant (HFO-1234fy) that is now recognized by EPA.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rule simply updates references and makes other technical changes to existing rules and does not make significant changes to existing policies. Therefore, this rule is not expected to have a material economic or fiscal impact on specific businesses, business sectors, utility rate payers, local governments, or the state's economy as a whole.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Benefits
This rule keeps several chapters of the Wisconsin administrative code up-to-date with the latest editions of nationally recognized technical standards for package labeling, selling bulk commodities, technical specifications for scales and other measuring devices, and gasoline octane ratings.
This rule also brings ch. ATCP 136 into conformity with the statutes. Specifically, 2011Wisconsin Act 187 invalidated the existing prohibition against buying or selling any mobile air conditioner refrigerant in containers of less than 15 pounds. This rule conforms to Act 187 by prohibiting the buying or selling of only ozone-depleting refrigerant.
Alternatives
This rule helps maintain regulatory consistency between Wisconsin, its neighboring states, and other jurisdictions that rely on universal technical standards. If DATCP does not adopt this rule, some of this consistency would be lost.
|
Long Range Implications of Implementing the Rule
|
This rule makes minor technical updates to existing rules and does not represent any significant change in long range implications.
|
Compare With Approaches Being Used by Federal Government
|
This rule updates references to weights and measures technical standards published by the National Institute of Standards and Technology (“NIST"). By incorporating the latest NIST standards, this rule keeps Wisconsin standards consistent with applicable national standards.
The fuel octane standards incorporated by reference by this rule into ch. ATCP 113 are identical to standards used by the EPA to regulate fuel quality.
This rule update's Wisconsin's mobile air conditioner rules to conform to the most recent EPA standards.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Generally, this rule updates standards incorporated by reference contained in several chapters of the Wisconsin Administrative Code. Most states, including all of Wisconsin's neighbors, recognize the same accepted standards in their statutes and rules.
This rule brings Wisconsin's rules relating to mobile air conditioning refrigerants into conformity with neighboring states' rules.
|
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under ss.
227.18, and
227.24, Stats., OCI will hold a public hearing to consider the emergency rule issued on June 12, 2013, and the adoption of the attached proposed rulemaking order affecting sections
Ins 17.01 (3),
17.28 (3) (c) and
(6), Wis. Adm. Code, relating to Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013, and affecting small business.
Hearing Information
Date: Tuesday, July 23, 2013
Time: 1:30 p.m., or as soon thereafter as the matter
may be reached
Location: OCI
Room 227
125 South Webster St 2nd Floor
Madison, WI
Submittal of Written Comments
Written comments can be mailed to
Julie E. Walsh
Legal Unit — OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to
Julie E. Walsh
Legal Unit — OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
125 South Webster St — 2nd Floor
Madison WI 53703-3474
Comments can be emailed to
Julie E. Walsh
The deadline for submitting comments is 4:00 p.m. on August 6, 2013.
Summary of Proposed Rule and Fiscal Estimate
For a summary of the rule, see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes, and the fiscal estimate are attached to this Notice of Hearing.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of OCI's authority to promulgate the proposed rule
The injured patients and families compensation fund (“fund"), was established by and operated under Ch.
655, Stats. The commissioner of insurance with approval of the board of governors (“board") is required to annually set the fees for the fund and the medical mediation panel by administrative rule. The proposed fees comply with the limitation delineated in s.
655.27 (3) (br), Stats. Section
655.04, Stats., provides that the director of state courts and the commissioner may promulgate rules necessary to enable them to perform their responsibilities under this chapter. Pursuant to s.
655.27 (3) (b), Stats., the commissioner, after approval by the board, shall by rule set the fees to the fund and s.
655.61, Stats., requires the board, by rule, to set the fees charged to health care providers at a level sufficient to provide the necessary revenue to fund the medical mediation panels. Further, s.
601.41 (3), Stats., provides that the commissioner shall have rule-making authority pursuant to s.
227.11 (2), Stats.
Related statutes or rules
None.
Plain language analysis
This proposed rule establishes the fees that participating health care providers must pay to the fund for the fiscal year beginning July 1, 2013. These fees represent a 5% decrease from fees paid for the 2012-2013 fiscal year. The board approved these fees at its meeting on December 19, 2012, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
The board is also required to promulgate by rule the annual fees for the operation of the injured patients and families compensation medical mediation system, based on the recommendation of the director of state courts. The recommendation of the director of state courts was reviewed by the board's actuarial and underwriting committee. This rule implements the funding level approved by the board on March 20, 2013 by establishing mediation panel fees for the next fiscal year at $0 for physicians and $0 per occupied bed for hospitals, representing a decrease of $22.50 per physician and a decrease of $4.50 per occupied bed for hospitals from 2012-13 fiscal year mediation panel fees.
Finally, this rule includes changes to the Insurance Services Office (ISO) code listing to address corrections to several classification specialties as well as new classification specialties. ISO codes are the numerical designation for a health care provider's specialty and are used to classify the provider for assessment purposes. Errors identified in the ISO codes or specialty narratives for three specialties have been corrected. A third specialty had duplicate listings resulting in the exclusion of another specialty which has now been added. The Doctor of Osteopathy (D.O.) designated ISO codes have been added for two specialties previously listed only under the Doctor of Medicine (M.D.) ISO codes.
Summary of and comparison with any existing or proposed federal statutes and regulations
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address fund rates, administration or to fund medical mediation panel activities.
Comparison with rules in adjacent states
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of adjacent states have a fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule
None. This rule establishes annual fund fees pursuant to the requirements of the above-noted Wisconsin statutes. The recommendation to the board regarding the fund fee and the medical mediation panel assessment is developed and reviewed annually by the fund's actuaries and the board's actuarial and underwriting committee. The actuarial and underwriting committee after review and discussion with the fund's actuaries present the information and the actuaries report to the board for consideration. This proposed rule reflects the rates approved by the board at the December 19, 2012, and March 20, 2013, board meetings.
Analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small business or in preparation of an economic impact analysis
This decrease in fund fees will have a positive effect on small businesses in Wisconsin, particularly those that employ physicians and other health care professionals. The mediation panel fee is assessed only on physicians and hospitals, not on corporations or other health care entities that will also benefit from the reduction to zero fees for fiscal year 2014. The fund fee decrease will affect only those small businesses that pay the fund fees and mediation panel fees on behalf of their employed physicians. The fund fee decrease will not have a significant effect nor should it negatively affect the small business's ability to compete with other providers.
Effect on Small Business
This rule will have little or no effect on small businesses. The decrease contained in the proposed rule will require providers to pay reduced fund fees which will decrease the operational expenses for the providers. The decrease in fees promulgated by this rule should not result in a significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Notice is hereby further given that pursuant to s.
227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
• Small businesses that employ physicians or other health care professionals participating in the fund.
b. Description of reporting and bookkeeping procedures required:
• None beyond those currently required.
c. Description of professional skills required:
• None beyond those currently required.
OCI Small Business Regulatory Coordinator
The OCI small business coordinator is Louie Cornelius and may be reached at phone number (608) 264-8113 or by email at
louie.cornelius@wisconsin.gov.
Fiscal Estimate
This rule change will have no significant effect on the private sector as this proposed rule reduces fees to participants in the fund and reduces mediation panel fees to zero. The fund is a segregated account and does not impact state funds. The rule decreases fees and therefore does not have an effect on county, city, village, town, school district, technical college district, and sewerage district fiscal liabilities and revenues.
A Copy of any Comments and Opinions Prepared by the Board Of Veterans Affairs Under s.
45.03 (2m), Stats., for Rules Proposed by the Department of Veterans Affairs
None.
Agency Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the website at:
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster St — 2nd Floor, Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Proposed Rule Changes
SECTION 1. Ins 17.01 (3) is amended to read:
Ins 17.01 (3) FEE SCHEDULE. The following fee schedule shall be effective July 1, 2012 2013:
(a) For physicians-- $22.50$0.
(b) For hospitals, per occupied bed-- $4.50$0.
SECTION 2. Ins 17.28 (3) (c) 1., 2., and 3., are amended to read:
Ins 17.28 (3) (c) 1. Class 1:
Administrative Medicine
|
80120
|
|
Aerospace Medicine
|
80230
|
|
Allergy
|
80254
|
|
Allergy (D.O.)
|
84254
|
|
Cardiovascular Disease — no surgery or catheterization
|
80255
|
|
Cardiovascular Disease — no surgery or catheterization (D.O.)
|
84255
|
|
Dermatology—no surgery
|
80256
|
|
Dermatology—no surgery (D.O.)
|
84256
|
|
Diabetes—no surgery
|
80237
|
|
Endocrinology—no surgery
|
80238
|
|
Endocrinology—no surgery (D.O.)
|
84238
|
|
Family or General Practice—no surgery
|
80420
|
|
Family or General Practice—no surgery (D.O.)
|
84420
|
|
Forensic Medicine—Legal Medicine
|
80240
|
|
Forensic Medicine—Legal Medicine (D.O.)
|
84240
|
|
Gastroenterology—no surgery
|
80241
|
|
Gastroenterology—no surgery (D.O.)
|
84241
|
|
General Preventive Medicine—no surgery
|
80231
|
|
General Preventive Medicine—no surgery (D.O.)
|
84231
|
|
Geriatrics—no surgery
|
80243
|
|
Geriatrics—no surgery (D.O.)
|
84243
|
|
Gynecology—no surgery
|
80244
|
|
Gynecology—no surgery (D.O.)
|
84244
|
|
Hematology—no surgery
|
80245
|
|
Hematology—no surgery (D.O.)
|
84245
|
|
Hypnosis
|
80232
|
|
Infectious Diseases—no surgery
|
80246
|
|
Infectious Diseases—no surgery (D.O.)
|
84246
|
|
Internal Medicine—no surgery
|
80257
|
|
Internal Medicine—no surgery (D.O.)
|
84257
|
|
Laryngology—no surgery
|
80258
|
|
Manipulator (D.O.)
|
84801
|
|
Neoplastic Disease—no surgery
|
80259
|
|
Nephrology—no surgery
|
80260
|
|
Nephrology – no surgery (D.O.)
|
84260
|
|
Neurology—no surgery
|
80261
|
|
Neurology—no surgery (D.O.)
|
84261
|
|
Nuclear Medicine
|
80262
|
|
Nuclear Medicine (D.O.)
|
84262
|
|
Nutrition
|
80248
|
|
Occupation Medicine
|
80233
|
|
Occupation Medicine (D.O.)
|
84233
|
|
Oncology – no surgery
|
80302
|
|
Oncology – no surgery (D.O.)
|
84302
|
|
Ophthalmology—no surgery
|
80263
|
|
Ophthalmology—no surgery (D.O.)
|
84263
|
|
Osteopathy—manipulation only
|
84801
|
|
Otology – no surgery
|
80247
|
80264
|
Otorhinolaryngology—no surgery
|
80265
|
|
Otorhinolaryngology—no surgery (D.O.)
|
84265
|
|
Pain Management – no surgery
|
80208
|
|
Pain Management – no surgery (D.O.)
|
84208
|
|
Pathology—no surgery
|
80266
|
|
Pathology—no surgery (D.O.)
|
84266
|
|
Pediatrics—no surgery
|
80267
|
|
Pediatrics—no surgery (D.O.)
|
84267
|
|
Pharmacology—Clinical
|
80234
|
|
Physiatry—Physical Medicine (D.O.)
|
84235
|
|
Physiatry—Physical Medicine & Rehabilitation
|
80235
|
|
Physicians—no surgery
|
80268
|
|
Physicians—no surgery (D.O.)
|
84268
|
|
Psychiatry
|
80249
|
|
Psychiatry—(D.O.)
|
84249
|
|
Psychoanalysis
|
80250
|
|
Psychosomatic Medicine
|
80251
|
|
Psychosomatic Medicine (D.O.)
|
84251
|
|
Public Health
|
80236
|
|
Pulmonary Disease—no surgery
|
80269
|
|
Pulmonary Disease—no surgery (D.O.)
|
84269
|
|
Radiology—diagnostic
|
80253
|
|
Radiology—diagnostic (D.O.)
|
84253
|
|
Radiopaque dye
|
80449
|
|
Radiopaque dye (D.O.)
|
84449
|
|
Rheumatology—no surgery
|
80252
|
|
Rheumatology—no surgery (D.O.)
|
84252
|
|
Rhinology – no surgery
|
80264
|
80247
|
Shock Therapy
|
80431
|
|
Shock Therapy (D.O.)
|
84431
|
|
Shock Therapy—insured
|
80162
|
|
Urgent Care—Walk-in or After Hours
|
80424
|
|
Urgent Care—Walk-in or After Hours (D.O.)
|
84424
|
|
Urology—no surgery
|
80121
|
|
2. Class 2:
Acupuncture
|
80437
|
|
Acupuncture (D.O.)
|
84437
|
|
Anesthesiology
|
80151
|
|
Anesthesiology (D.O.)
|
84151
|
|
Angiography-Arteriography—catheterization
|
80422
|
|
Angiography-Arteriography—catheterization (D.O.)
|
84422
|
|
Broncho-Esophagology
|
80101
|
|
Cardiovascular Disease—minor surgery
|
80281
|
|
Cardiovascular Disease—minor surgery (D.O.)
|
84281
|
|
Colonoscopy-ERCP-Pneu or mech esoph dil (D.O.)
|
84443
|
|
Colonoscopy-ERCP-pneu. or mech.
|
80443
|
|
Dermatology—minor surgery
|
80282
|
|
Dermatology – minor surgery (D.O.)
|
84282
|
|
Diabetes – minor surgery
|
80271
|
|
DermatologyDiabetes—minor surgery (D.O.)
|
84282
|
84271
|
Emergency Medicine—No Major Surgery
|
80102
|
|
Emergency Medicine—No Major Surgery (DO)
|
84102
|
|
Employed Physician or Surgeon
|
80177
|
|
Employed Physician or Surgeon (D.O.)
|
84177
|
|
Endocrinology—minor surgery
|
80272
|
|
Endocrinology—minor surgery (D.O.)
|
84272
|
|
Family Practice—and general practice minor surgery—No OB
|
80423
|
|
Family Practice—and general practice minor surgery—No OB (D.O.)
|
84423
|
|
Family or General Practice—including OB
|
80421
|
|
Family or General Practice – including OB (D.O.)
|
84421
|
|
Gastroenterology—minor surgery
|
80274
|
|
Gastroenterology—minor surgery (D.O.)
|
84274
|
|
Geriatrics—minor surgery
|
80276
|
|
Geriatrics—minor surgery (D.O.)
|
84276
|
|
Gynecology—minor surgery
|
80277
|
|
Gynecology—minor surgery (D.O.)
|
84277
|
|
Hematology—minor surgery
|
80278
|
|
Hematology—minor surgery (D.O.)
|
84278
|
|
Hospitalist
|
80296
|
|
Hospitalist (D.O.)
|
84296
|
|
Infectious Diseases—minor surgery
|
80279
|
|
Intensive Care Medicine
|
80283
|
|
Intensive Care Medicine (D.O.)
|
84283
|
|
Internal Medicine—minor surgery
|
80284
|
|
Internal Medicine—minor surgery (D.O.)
|
84284
|
|
Laparoscopy
|
80440
|
|
Laparoscopy (D.O.)
|
84440
|
|
Laryngology—minor surgery
|
80285
|
|
Myelography – Discogram-Pneumoencephalo
|
80428
|
|
Myelography-Discogram-Pneumoencephalo (D.O.)
|
84428
|
|
Needle Biopsy
|
80446
|
|
Needle Biopsy (D.O.)
|
84446
|
|
Nephrology—minor surgery
|
80287
|
|
Neonatology
|
80298
|
|
Neonatology (D.O.)
|
84298
|
|
Neoplastic Disease—minor surgery
|
80286
|
|
Neurology—minor surgery
|
80288
|
|
Neurology—minor surgery (D.O.)
|
84288
|
|
Oncology – minor surgery
|
80301
|
|
Oncology – minor surgery (D.O.)
|
84301
|
|
Ophthalmology—minor surgery
|
80289
|
|
Ophthalmology—minor surgery (D.O.)
|
84289
|
|
Otology – minor surgery
|
80290
|
|
Otorhinolaryngology—minor surgery
|
80291
|
|
Otorhinolaryngology—minor surgery (D.O.)
|
84291
|
|
Pain Management – Basic procedures
|
80182
|
|
Pain Management – Basic procedures (D.O.)
|
84182
|
|
Pathology—minor surgery
|
80292
|
|
Pathology—minor surgery (D.O.)
|
84292
|
|
Pediatrics—minor surgery
|
80293
|
|
Pediatrics—minor surgery (D.O.)
|
84293
|
|
Phlebography-Lymphangeography
|
80434
|
|
Phlebography-Lymphangeography (D.O.)
|
84434
|
|
Physicians—minor surgery
|
80294
|
|
Physicians – minor surgery (D.O.)
|
84294
|
|
Radiation Therapy—lasers
|
80425
|
|
Radiation Therapy—lasers (D.O.)
|
84425
|
|
Radiation Therapy – other than lasers
|
80165
|
|
Radiology—diagnostic-interventional procedures
|
80280
|
|
Radiology—diagnostic-interventional procedures (D.O.)
|
84280
|
|
Rhinology – minor surgery
|
80270
|
|
Surgery—Colon & Rectal
|
80115
|
|
Surgery —Endocrinology
|
80103
|
|
Surgery—Gastroenterology
|
80104
|
|
Surgery – Gastroenterology (D.O.)
|
84104
|
|
Surgery—General Practice or Family Practice
|
80117
|
|
Surgery—General Practice or Family Practice (D.O.)
|
84117
|
|
Surgery—Geriatrics
|
80105
|
|
Surgery—Neoplastic
|
80107
|
|
Surgery—Nephrology
|
80108
|
|
Surgery—Ophthalmology
|
80114
|
|
Surgery—Ophthalmology (D.O.)
|
84114
|
|
Surgery—Urological
|
80145
|
|
Surgery—Urological (D.O.)
|
84145
|
|
3. Class 3:
Emergency Medicine—includes major surgery
|
80157
|
Emergency Medicine—includes major surgery (D.O.)
|
84157
|
Otology—surgery
|
80158
|
Radiation Therapy – employed physician
|
80163
|
Radiation Therapy – employed physician (D.O.)
|
84163
|
Shock Therapy – employed physician
|
80161
|
Shock Therapy – employed physician (D.O.)
|
84161
|
Surgery—Abdominal
|
80166
|
Surgery – Bariatrics
|
80476
|
Surgery – Bariatrics (D.O.)
|
84476
|
Surgery—Cardiac
|
80141
|
Surgery—Cardiovascular Disease
|
80150
|
Surgery—Cardiovascular Disease (D.O.)
|
84150
|
Surgery—General
|
80143
|
Surgery—General (D.O.)
|
84143
|
Surgery—Gynecology
|
80167
|
Surgery—Gynecology (D.O.)
|
84167
|
Surgery—Hand
|
80169
|
Surgery—Head & Neck
|
80170
|
Surgery – Laryngology
|
80106
|
Surgery—Orthopedic
|
80154
|
Surgery—Orthopedic (D.O.)
|
84154
|
Surgery—Otorhinolaryngology-no plastic
surgery
|
80159
|
Surgery—Plastic
|
80156
|
Surgery—Plastic (D.O.)
|
84156
|
Surgery—Plastic-Otorhinolaryngology
|
80155
|
Surgery—Plastic-Otorhinolaryngology (D.O.)
|
84155
|
Surgery—Rhinology
|
80160
|
Surgery—Thoracic
|
80144
|
Surgery—Thoracic (D.O.)
|
84144
|
Surgery—Traumatic
|
80171
|
Surgery—Traumatic (D.O.)
|
84171
|
Surgery—Vascular
|
80146
|
Surgery – Vascular (D.O.)
|
84146
|
Weight Control—Bariatrics
|
80180
|
SECTION 3. Ins 17.28 (6) is repealed and recreated to read:
(6) Fee schedule. The following fee schedule is in effect from July 1, 2013 to June 30, 2014:
(a) Except as provided in pars. (b) to (f) and sub. (6e), for a physician for whom this state is a principal place of practice:
Class 1....$1,457 Class 3....$5,828
Class 2....$2,623 Class 4....$9,616
(b) For a resident acting within the scope of a residency or fellowship program:
Class 1....$729 Class 3....$2,916
Class 2....$1,312 Class 4....$4,811
(c) For a resident practicing part-time outside the scope of a residency or fellowship program:
All classes................................$874
(d) For a Medical College of Wisconsin, Inc., full-time faculty member:
Class 1....$583 Class 3....$2,332
Class 2....$1,049 Class 4....$3,848
(e) For physicians who practice part-time:
1. For a physician who practices fewer than 500 hours during the fiscal year, limited to office practice and nursing home and house calls, and who does not practice obstetrics or surgery or assist in surgical procedures:...$364
2. For a physician who practices 1040 hours or less during the fiscal year, including those who practice fewer than 500 hours during the fiscal year whose practice is not limited to office practice, nursing homes or house calls or who do practice obstetrics, surgery or assist in surgical procedures:
Class 1....$874 Class 3....$3,496
Class 2....$1,573 Class 4....$5,768
(f) For a physician for whom this state is not a principal place of practice:
Class 1....$729 Class 3....$2,916
Class 2....$1,312 Class 4....$4,811
(g) For a nurse anesthetist for whom this state is a principal place of practice:....$358
(h) For a nurse anesthetist for whom this state is not a principal place of practice:....$179
(i) For a hospital, all of the following fees:
1. Per occupied bed...................................................$87
2. Per 100 outpatient visits during the last calendar year for which totals are available:............................................$4.35
(j) For a nursing home, as described under s.
655.002 (1) (j), Stats., that is wholly owned and operated by a hospital and that has health care liability insurance separate from that of the hospital by which it is owned and operated:
Per occupied bed.........................................................$17
(k) For a partnership comprised of physicians or nurse anesthetists, organized for the primary purpose of providing the medical services of physicians or nurse anesthetists, all of the following fees:
1. a. If the total number of partners and employed physicians and nurse anesthetists is from 2 to 10............$51
b. If the total number of partners and employed physicians and nurse anesthetists is from 11 to 100........................$503
c. If the total number of partners and employed physicians and nurse anesthetists exceeds 100............................$1,252
2. The following fee for each full-time equivalent allied health care professional employed by the partnership as of the most recent completed survey submitted:
Employed Health Care Professionals
Fund Fee
Nurse Practitioners.................................................$ 364
Advanced Nurse Practitioners.....................................510
Nurse Midwives.......................................................3,205
Advanced Nurse Midwives......................................3,351
Advanced Practice Nurse Prescribers..........................510
Chiropractors..............................................................583
Dentists.......................................................................291
Oral Surgeons..........................................................2,186
Podiatrists-Surgical.................................................6,192
Optometrists...............................................................291
Physician Assistants...................................................291
(L) For a corporation, including a service corporation, with more than one shareholder organized under ch.
180, Stats., for the primary purpose of providing the medical services of physicians or nurse anesthetists, all of the following fees:
1. a. If the total number of shareholders and employed physicians and nurse anesthetists is from 2 to 10............$51
b. If the total number of shareholders and employed physicians and nurse anesthetists is from 11 to 100......$503
c. If the total number of shareholders and employed physicians or nurse anesthetists exceeds 100.............$1,252
2. The following fee for each full-time equivalent allied health care professional employed by the corporation as of the most recent completed survey submitted:
Employed Health Care Professionals Fund Fee
Nurse Practitioners.................................................$ 364
Advanced Nurse Practitioners.....................................510
Nurse Midwives.......................................................3,205
Advanced Nurse Midwives......................................3,351
Advanced Practice Nurse Prescribers..........................510
Chiropractors..............................................................583
Dentists.......................................................................291
Oral Surgeons..........................................................2,186
Podiatrists-Surgical.................................................6,192
Optometrists...............................................................291
Physician Assistants...................................................291
(m) For a corporation organized under ch.
181, Stats., for the primary purpose of providing the medical services of physicians or nurse anesthetists, all of the following fees:
1. a. If the total number of employed physicians and nurse anesthetists is from 1 to 10..............................................$51
b. If the total number of employed physicians and nurse anesthetists is from 11 to 100........................................$503
c. If the total number of employed physicians or nurse anesthetists exceeds 100............................................$1,252
2. The following fee for each full-time equivalent allied health care professional employed by the corporation as of the most recent completed survey submitted:
Employed Health Care Professionals Fund Fee
Nurse Practitioners.................................................$ 364
Advanced Nurse Practitioners.....................................510
Nurse Midwives.......................................................3,205
Advanced Nurse Midwives......................................3,351
Advanced Practice Nurse Prescribers..........................510
Chiropractors..............................................................583
Dentists.......................................................................291
Oral Surgeons..........................................................2,186
Podiatrists-Surgical.................................................6,192
Optometrists...............................................................291
Physician Assistants...................................................291
(n) For an operational cooperative sickness care plan as described under s.
655.002 (1) (f), Stats., all of the following fees:
1. Per 100 outpatient visits during the last calendar year for which totals are available.............................................$0.11
2. 2.5% of the total annual fees assessed against all of the employed physicians.
3. The following fee for each full-time equivalent allied health care professional employed by the operational cooperative sickness plan as of the most recent completed survey submitted:
Employed Health Care Professionals Fund Fee
Nurse Practitioners..................................................$ 364
Advanced Nurse Practitioners.....................................510
Nurse Midwives.......................................................3,205
Advanced Nurse Midwives......................................3,351
Advanced Practice Nurse Prescribers..........................510
Chiropractors..............................................................583
Dentists.......................................................................291
Oral Surgeons..........................................................2,186
Podiatrists-Surgical.................................................6,192
Optometrists...............................................................291
Physician Assistants...................................................291
(o) For a freestanding ambulatory surgery center, as defined in s.
DHS 120.03 (13), per 100 outpatient visits during the last calendar year for which totals are available:...$22.73
(p) For an entity affiliated with a hospital, the greater of $100 or whichever of the following applies:
1. 7.0% of the amount the entity pays as premium for its primary health care liability insurance, if it has occurrence coverage.
2. 10.0% of the amount the entity pays as premium for its primary health care liability insurance, if it has claims-made coverage.
(q) For an organization or enterprise not specified as a partnership or corporation that is organized and operated in this state for the primary purpose of providing the medical services of physicians or nurse anesthetists, all of the following fees:
1. a. If the total number of employed physicians and nurse anesthetists is from 1 to 10..............................................$51
b. If the total number of employed physicians and nurse anesthetists is from 11 to 100........................................$503
c. If the total number of employed physicians or nurse anesthetists exceeds 100............................................$1,252
2. The following for each full-time equivalent allied health care professional employed by the organization or enterprise not specified as a partnership, corporation, or an operational cooperative health care plan as of the most recent completed survey submitted:
Employed Health Care Professionals
Fund Fee
Nurse Practitioners.................................................$ 364
Advanced Nurse Practitioners.....................................510
Nurse Midwives.......................................................3,205
Advanced Nurse Midwives......................................3,351
Advanced Practice Nurse Prescribers..........................510
Chiropractors..............................................................583
Dentists.......................................................................291
Oral Surgeons..........................................................2,186
Podiatrists-Surgical..................................................6,192
Optometrists................................................................291
Physician Assistants....................................................291
SECTION 5. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (C04/2011)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES — FISCAL ESTIMATE
|
1. Fiscal Estimate Version
|
|
|
|
X Original
⍽ Updated
⍽ Corrected
|
|
2. Administrative Rule Chapter Title and Number
Section Ins 17.28
|
3. Subject
Injured Patients and Families Compensation Fund Annual fund and Mediation Panel Fees and ISO code amendments for the fiscal year beginning July 1, 2013 and affecting small business.
|
4. State Fiscal Effect:
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Yes ⍽ No May be possible to absorb
within agency's budget.
⍽ Decrease Costs
|
5. Fund Sources Affected:
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S
|
6. Affected Ch. 20, Stats. Appropriations:
None
|
7. Local Government Fiscal Effect:
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Revenues
⍽ Decrease Revenues
|
⍽ Increase Costs
⍽ Decrease Costs
|
8. Local Government Units Affected:
⍽ Towns ⍽ Villages ⍽ Cities ⍽ Counties
⍽ School Districts ⍽ WTCS Districts
⍽ Others: None
|
9. Private Sector Fiscal Effect (small businesses only):
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Revenues
X Decrease Revenues
⍽ Yes X No May have significant
economic impact on a
substantial number of
small businesses
|
⍽ Increase Costs
⍽ Yes X No May have significant
economic impact on a
substantial number of
small businesses
⍽ Decrease Costs
|
10. Types of Small Businesses Affected:
|
Small businesses that employ physicians or other health care professionals participating in the Fund.
|
11. Fiscal Analysis Summary
|
No significant impact. Slight decrease in fund fees and zero medical mediation fees.
|
12. Long-Range Fiscal Implications
|
None
|
13. Name - Prepared by
Julie E. Walsh
|
Telephone Number
(608) 264-8101
|
Date
June 5, 2013
|
14. Name – Analyst Reviewer
|
Telephone Number
|
Date
|
Signature—Secretary or Designee
|
Telephone Number
(608) 267-3782
|
Date
June 7, 2013
|
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original
⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
Agency 145, ss. Ins 17.01 (3), and 17.28 (3) and (6)
|
3. Subject
|
Injured Patients and Families Compensation Fund Annual Fund fees and Mediation Panel Fees, and ISO code amendments for fiscal year beginning July 1, 2013.
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
X SEG ⍽ SEG-S
|
None
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
⍽ Local Government Units
|
X Specific Businesses/Sectors
⍽
Public Utility Rate Payers
X Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes X No
|
9. Policy Problem Addressed by the Rule
|
To establish the annual fees that participating health care providers must pay to the Injured Patients and Families Compensation Fund ("Fund") as required by s. 655.27 (3), Wis. Stats., for fiscal year beginning July 1, 2013. The proposed rule will also establish the mediation panel fees for fiscal year 2014 commencing on July 1, 2013. This rule provides the Fund with appropriate and adequate funding and solvency for future years. This is the main vehicle for achieving and maintaining the Fund's solvency.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
OCI solicited comments generally through publication requesting comments from the public utilizing the OCI website. Additionally OCI solicited comments from businesses, individuals, and local government units related to the implementation and compliance costs. Solicitations were sent to health insurance members of OCI's Health and Life Insurance Advisory Council and interested parties. Members included health insurance companies, health insurance agent representatives, consumer representatives, provider representatives and representatives of small business. Additional solicitations were made to associations representing various affected parties and local government representatives including:
• Wisconsin Association of Health Plans
• Wisconsin Association of Health Underwriters
• Independent Insurance Agents Association of Wisconsin
• National Federation of Independent Business — Wisconsin
• Wisconsin Association of Nurse Anesthetists
• Wisconsin Manufacturers and Commerce
• Wisconsin Dental Association
• Wisconsin Medical Society
|
• Professional Insurance Agents of Wisconsin
• National Association of Insurance and Financial Advisors — Wisconsin
• Wisconsin Hospital Association
• Wisconsin Association for Justice
• The League of Wisconsin Municipalities
• Wisconsin Counties Association
• Wisconsin Towns Association
• Wisconsin Association of School Boards
• Wisconsin Association of School District Administrators
|
11. Identify the local governmental units that participated in the development of this EIA.
|
None beyond solicitation for comments.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
All health care provider participants in the Fund as set forth in s. 655.002 (1), Wis. Stat., will be required to pay a 5% reduced assessment for their medical malpractice coverage under Ch.655, Wis. Stat. The impact is considered to be minimal and in fact positive to the participants. In addition the reduction of mediation panel fees to zero is also beneficial.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The proposed rule will benefit Fund participants by ensuring that fee revenue is adequate to cover anticipated administrative, operating and claims payments costs. The alternatives to this rule would be to establish a Fund fee increase, to maintain current fee amounts or to assess fees lower than the proposed 5% reduction in Fund fees. A greater reduction in fees would leave the Fund with inadequate funding to cover actuarially-based projected costs, while a fee increase or static fee level would present an unnecessary cost to Fund participants. The proposed rule does not significantly impact Wisconsin's economy, productivity, jobs or the overall economic competitiveness of Wisconsin. Wisconsin's health care marketplace is strengthened with an affordable layer of medical malpractice coverage. The Fund has existed in Wisconsin since 1975. Fund participants will benefit from a stable and solvent fund. Additionally, Fund participants should not experience increased compliance costs with the reduction of fund and mediation panel fees.
|
14. Long Range Implications of Implementing the Rule
|
The long-range implication of the rule as proposed will be an adequately funded and solvent Fund.
|
15. Compare With Approaches Being Used by Federal Government
|
Federal government does not address this subject matter.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
None of the neighboring states have a patient compensation fund or a general program of state-sponsored liability insurance for physicians.
|
17. Contact Name
|
18. Contact Phone Number
|
Louie Cornelius
|
608-264-8113
|
This document can be made available in alternate formats to individuals with disabilities upon request.
ATTACHMENT A
|
1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)
|
The agency does not anticipate any implementation costs or additional compliance costs for fund participants. All health care provider participants in the Fund as set forth in s. 655.002 (1), Wis. Stat., will be required to pay the reduced assessment for their medical malpractice coverage under ch. 655, Wis. Stat. The impact will be further reduced by the reduction to zero for mediation panel fees.
|
2. Summary of the data sources used to measure the Rule's impact on Small Businesses
|
The Fund contracts for actuarial services to develop the documentation and analysis necessary for the Actuarial and Underwriting Committee of the Fund. The documentation includes an actuarially indicated rate level for break even financial projections against expected claims reflective of all physician classifications. Since some physicians are small employer practices this information does relay information to the Committee and Board for the impact on small businesses directly impacted by the proposal. The actuarial firm presents its analysis to the Actuarial and Underwriting Committee of the Fund Board of Governors. The Committee reviews all documentation and projections and makes a recommendation to the full Board of Governors for consideration. The Fund Board of Governors reviewed the Committee's recommendation at its December 19, 2012 meeting as well as the underlying analysis by the actuarial firm. Following deliberation, the Board of Governors affirmed the Committee's recommendation of a decrease of 5% for Fund fees and at the March 20, 2013 meeting affirmed the change to the mediation panel fees to zero for both physicians and hospitals.
|
3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?
|
⍽ Less Stringent Compliance or Reporting Requirements
⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting
⍽ Consolidation or Simplification of Reporting Requirements
⍽ Establishment of performance standards in lieu of Design or Operational Standards
⍽ Exemption of Small Businesses from some or all requirements
X Other, describe:
The Board of Governors discussed maintaining fees at 2013 levels but determined that such action was unnecessary in light of the Fund's present financial condition and the reduced fees would adequately fund the Fund for claims incurred during fiscal year 2014 without shifting the burden of funding to future years and providers.
|
4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses
|
The proposed increase is below break-even financing for the Fund but sufficient to cover anticipated claims, administrative and operating expenses.
|
5. Describe the Rule's Enforcement Provisions
|
This rule proposes fees. Failure to pay Fund fees is governed by s. Ins 17.01, Wis. Adm. Code, which requires the Fund to notify the medical examining board of each physician who has not paid the fee and notify the Department of Health Services of each hospital that has not paid the fee as required.
|
6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)
|
⍽ Yes X No
|
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that, pursuant to s.
565.02 (4) (a), Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapter
Tax 61, relating to lottery retailers.
Hearing Information
Date: Friday, July 12, 2013
Time: 3:00 p.m.
Location: Events Room
State Revenue Building
2135 Rimrock Road
Madison, WI 53713
Handicap access is available at the hearing location.
Appearances at the Hearing and Submittal 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 listed below or to adminrules.wisconsin.gov no later than July 12, 2013, and will be given the same consideration as testimony presented at the hearing.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Telephone: (608) 266-8253
Analysis by the Department of Revenue
Statute interpreted
Statutory authority
Explanation of agency authority
Section
565.02 (4) (a), Stats., provides the department may promulgate rules “[i]mplementing the provisions of this chapter."
Related statute or rule
There are no other applicable statutes or rules.
Plain language analysis
The proposed rule makes the following changes:
• Amends s.
Tax 61.08 (11) (h) and
(k) to eliminate discretionary authority of the Lottery Administrator that is not provided by law.
• Creates a provision in s.
Tax 61.08 (13) to allow a retailer's account to be credited for the value paid for instant scratch tickets that have been stolen.
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
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 initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. No other data was used in the preparation of this rule order or this analysis.
Analysis and supporting documents used to determine effect on small business
This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.
Anticipated costs incurred by private sector
This rule order does not have a fiscal effect on the private sector.
Effect on Small Business
This rule order does not affect small business.
Agency Contact Person
Text of Proposed Rule
SECTION 1. Tax 61.08 (11) (h) and (k) and (13) (a) are amended to read:
Tax 61.08 (11) (h) The retailer may not add any service fee, handling fee or other expense to the purchase of a ticket or share without the written permission of the administrator.
(k) The retailer may not conduct sales of lottery tickets or shares to off-premises customers by telephone, email, instant messaging or similar electronic means, or by mail, parcel, delivery service or similar service, without the written permission of the administrator.
(13) (a) The retailer shall be responsible for the condition and security of lottery tickets received. If the retailer's lottery tickets are lost, stolen, mutilated, damaged, unaccountable or otherwise unsalable, the retailer shall be solely responsible for those tickets. The Except as provided in pars. (c) and (cm), the administrator may not reimburse the retailer for those losses other than unsalable tickets under par. (c).
SECTION 2. Tax 61.08 (13) (cm) is created to read:
Tax 61.08 (13) (cm) 1. The administrator may credit the retailer's account for the value the retailer paid for instant scratch tickets that are stolen. In determining whether to provide credit, the administrator may consider the following factors:
a. Compliance with the reporting requirement under par. (b).
b. Whether the theft has been reported to law enforcement.
c. Final return date of the game to which the stolen tickets belong.
d. Validation of any ticket that is reported stolen.
e. The retailer's prior record of reporting stolen tickets to the department.
f. Security of the retailer's business and the place where tickets are stored.
g. Any other facts and circumstances the administrator believes pertinent.
2. Credit under this paragraph shall be the retailer's purchase price, and any credit shall be made to the retailer's electronic fund transfer account.
SECTION 3. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapter Tax 61 — Retailers
|
Subject
|
Lottery retailers
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
X Decrease Existing Revenues
|
X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
|
Policy Problem Addressed by the Rule
|
The rule does not create or revise policy, other than to reflect current law and department policy.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
As indicated in the attached fiscal estimate, the proposed rule is expected to result in no significant change to total ticket sales or lottery operations, and has minimal fiscal effect.
No comments concerning the economic effect of the rule were submitted in response to the department's solicitation.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Clarifications and guidance provided by administrative rules may lower the compliance costs for lottery retailers.
If the rule is not implemented, Chapter Tax 61 will be incomplete in that it will not reflect current law or department policy.
|
Long Range Implications of Implementing the Rule
|
No long-range implications are anticipated.
|
Compare With Approaches Being Used by Federal Government
|
N/A
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
N/A
|
FISCAL ESTIMATE FORM
|
|
2013 Session
|
X ORIGINAL ⍽UPDATED
|
LRB #
|
|
|
INTRODUCTION #
|
|
⍽ CORRECTED ⍽SUPPLEMENTAL
|
Admin rule #
|
Tax 61: Lottery retailers
|
Subject
Proposed order of the Department of Revenue relating to lottery retailers.
|
|
Fiscal Effect
|
State: ⍽ No State Fiscal Effect
Check columns below only if bill makes a direct appropriation or
affects a sum sufficient appropriation
⍽ Increase Existing Appropriation ⍽ Increase Existing Revenues
⍽ Decrease Existing Appropriation X Decrease Existing Revenues
⍽ Create New Appropriation
|
X Increase Costs — May be Possible to Absorb Within Agency's Budget X Yes ⍽No
⍽ Decrease Costs
|
Local: X No Local Government Costs
|
1. ⍽ Increase Costs
|
3. ⍽ Increase Revenues
|
5. Types of Local Governmental Units Affected:
|
⍽ Permissive ⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ Towns ⍽ Villages
⍽ Cities
|
2. ⍽ Decrease Costs
|
4. ⍽ Decrease Revenues
|
⍽ Counties ⍽ Others
|
|
⍽ Permissive ⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ School Districts ⍽ WTCS Districts
|
Fund Sources Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S
|
Affected Ch. 20 Appropriations
|
Assumptions Used in Arriving at Fiscal Estimate
The proposed rule updates Chapter
Tax 61 of the Administrative Code, pertaining to the state lottery, to eliminate discretionary authority provided to the lottery administrator that is not allowed under current law. The proposed rule also amends ch.
Tax 61 provisions to provide the administrator authority to reimburse retailers for stolen tickets.
Specifically, the proposed rule includes:
• Removing the administrator's authority to allow retailers to add any service fee, handling fee, or other expenses to the purchase of a ticket.
• Removing the administrator's authority to permit retailers to sell lottery tickets to customers by phone, mail, email, similar electronic means, delivery, or similar service.
• Providing the administrator with the authority to credit a retailer's account for the value the retailer paid for instant scratch tickets that are stolen.
The department has the ability to cancel tickets that are reported lost or stolen. The administrative costs of providing retailers credit for stolen game tickets would be minimal and absorbed by the department. Since stolen tickets represent only a very small fraction of total ticket sales, and since it is anticipated that retailers will purchase tickets to replace stolen tickets, the proposed rule is expected to result in no significant change to total ticket sales or lottery operations.
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that, pursuant to ss.
73.10 (2) (b) 1. and
79.05, Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapters
Tax 16 and
19, relating to local financial reporting and expenditure restraint payments.
Hearing Information
Date: Friday, July 12, 2013
Time: 1:00 p.m.
Location: Events Room
State Revenue Building
2135 Rimrock Road
Madison, WI 53713
Handicap access is available at the hearing location.
Appearances at the Hearing and Submittal 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 listed below or to adminrules.wisconsin.gov no later than July 12, 2013, and will be given the same consideration as testimony presented at the hearing.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Telephone: (608) 266-8253
Analysis by the Department of Revenue
Statute interpreted
Statutory authority
Explanation of agency authority
Section
73.10 (2) (b) 1., Stats., provides that “[t]he department may require by rule all of the following:
a. That the information it needs under par. (a) be submitted as annual financial statements, notes to the financial statements, and supporting schedules.
b. That the statements, notes, and schedules under subd. 1. a. conform to generally accepted accounting principles promulgated by the Governmental Accounting Standards Board or its successor bodies.
c. That the statements, notes, and schedules under subd. 1. a. be audited in accordance with generally accepted auditing standards."
Section
79.05, Stats., is the underlying statutory basis for Chapter
Tax 19.
Related statute or rule
There are no other applicable statutes or rules.
Plain language analysis
The proposed rule makes the following changes:
• Amends s.
Tax 16.04 (2) to reflect current reporting requirements. With the availability of electronic filing and department forms on the Internet, there is no longer a need for local governments to submit their own forms.
• Amends s.
16.06 (4) to reflect current address information.
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
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 initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. No other data was used in the preparation of this rule order or this analysis.
Analysis and supporting documents used to determine effect on small business
This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.
Anticipated costs incurred by private sector
This rule order does not have a fiscal effect on the private sector.
Effect on Small Business
This rule order does not affect small business.
Agency Contact Person
Text of Proposed Rule
SECTION 1. Tax 16.04 (2) is amended to read:
Tax 16.04 (2) The required schedules shall be prepared on the forms provided by the department and in accordance with instructions issued by the department. Local governments may elect to submit the required schedules on their own forms so long as those forms meet the specifications established by the department. Local governments electing to submit their own forms shall submit an example of their forms for review and approval by the department prior to December 31 of the year for which the schedules are to be prepared.
SECTION 2. Tax 16.06 (4) (Note 1) is amended to read:
Tax 16.06 (4) (Note 1) Copies of the draft schedules required by s.
Tax 16.04 (1) and the specifications referenced in s. Tax 16.04 (2) may be obtained from:
Wisconsin Department of Revenue
Division of State/Local Finance
125 South Webster Street
P.O. Box 8933 8971
Madison, WI 53708-8971
Telephone (608) 266-1611 264-6892
These schedules are new forms that substitute for the current annual financial report form filed by governmental units with the department of revenue.
SECTION 3. Tax 19.03 (1) (c) (intro.) is amended to read:
Tax 19.03 (1) (c) (intro.) “Municipal operating budget increase" means an amount, expressed as a percentage and rounded to 2 places beyond the decimal, which results from dividing:
SECTION 4. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
Type of Estimate and Analysis
|
X Original Updated Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapters Tax 16 and 19 — Local financial reporting and expenditure restraint payments
|
Subject
|
Local financial reporting and expenditure restraint payments
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
The rule does not create or revise policy, other than to reflect current law and department policy.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
As indicated in the attached fiscal estimate, the proposed rule has no fiscal effect on municipalities, counties, or the Department of Revenue.
No comments concerning the economic effect of the rule were submitted in response to the department's solicitation.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Clarifications and guidance provided by administrative rules may lower the compliance costs for municipalities and counties.
If the rule is not implemented, Chapters Tax 16 and 19 will be incomplete in that they will not reflect current law or department policy.
|
Long Range Implications of Implementing the Rule
|
No long-range implications are anticipated.
|
Compare With Approaches Being Used by Federal Government
|
N/A
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
N/A
|
FISCAL ESTIMATE FORM
|
|
2013 Session
|
X ORIGINAL ⍽UPDATED
|
LRB #
|
|
|
INTRODUCTION #
|
|
⍽ CORRECTED ⍽SUPPLEMENTAL
|
Admin rule #
|
Tax 16: Local Financial Reporting
Tax 19: Expenditure Restraint Payment
|
Subject
Proposed order of the Department of Revenue relating to local financial reporting and expenditure restraint payments
|
|
Fiscal Effect
|
State: X No State Fiscal Effect
Check columns below only if bill makes a direct appropriation or
affects a sum sufficient appropriation
⍽ Increase Existing Appropriation ⍽ Increase Existing Revenues
⍽ Decrease Existing Appropriation ⍽ Decrease Existing Revenues
⍽ Create New Appropriation
|
⍽ Increase Costs — May be Possible to Absorb Within Agency's Budget ⍽ Yes ⍽No
⍽ Decrease Costs
|
Local: X No Local Government Costs
|
1. ⍽ Increase Costs
|
3. ⍽ Increase Revenues
|
5. Types of Local Governmental Units Affected:
|
⍽ Permissive ⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ Towns ⍽ Villages
⍽ Cities
|
2. ⍽ Decrease Costs
|
4. ⍽ Decrease Revenues
|
⍽ Counties ⍽ Others
|
|
⍽ Permissive ⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ School Districts ⍽ WTCS Districts
|
Fund Sources Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG
⍽ SEG-S
|
Affected Ch. 20 Appropriations
|
Assumptions Used in Arriving at Fiscal Estimate
Summary
The proposal makes a number of updates and technical corrections to certain DOR administrative rules. These changes have no fiscal effect on municipalities, counties, or the DOR.
Detail of provisions
Sections 1 and 2 of the proposal affect only those municipalities or counties that have a population of 25,000 or more, or had a population of 25,000 or more on December 31, 1986, and now have a population of less than 25,000.
The current rule allows municipalities and counties to file the required annual financial report on either the form provided by Department of Revenue (DOR) or on a locally designed form approved by DOR. Under the proposal, the option of using a locally designed form is eliminated. The use of locally designed forms has decreased significantly, and using a uniform report form will permit increased automation of the processing of the information from these forms.
The address given in the rules for local governments to obtain the necessary forms is no longer occupied by DOR. The address is updated to the current address.
Section 3 of the proposal corrects a typographical error in the definition of “municipal operating budget" for purposes of determining eligibility for the expenditure restraint payment.
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that, pursuant to ss.
70.32 (2) (c) 1i. and
73.09 (1), Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapters
Tax 12 and
18, relating to property tax and assessment of agricultural property.
Hearing Information
Date: Friday, July 12, 2013
Time: 11:00 a.m.
Location: Events Room
State Revenue Building
2135 Rimrock Road
Madison, WI 53713
Handicap access is available at the hearing location.
Appearances at the Hearing and Submittal 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 listed below or to adminrules.wisconsin.gov no later than July 12, 2013, and will be given the same consideration as testimony presented at the hearing.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Telephone: (608) 266-8253
Analysis by the Department of Revenue
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
70.32 (2) (c) 1i. Stats., provides that agricultural use “means agricultural use as defined by the department of revenue by rule..." This provision applies to the proposed change to ch.
Tax 18.
Section
73.09 (1), Stats., provides “[t]he department of revenue shall establish by rule the level of certification under sub. (3), the continuing education requirements under sub. (4), examinations under sub. (5), and the requirements for and responsibilities associated with temporary certification under sub. (6) for all assessors and assessment personnel of each local unit of government and for county assessor systems under s.
70.99." This provision applies to ch.
Tax 12.
Related statute or rule
There are no other applicable statutes or rules.
Plain language analysis
The proposed rule makes the following changes:
• Amends s.
Tax 12.06 to eliminate redundancy with the Wisconsin Property Assessment Manual.
•
Revises s.
Tax 12.07 to provide for more frequent update of assessment districts through the Wisconsin Property Assessment Manual.
• Repeals subchapter I of Chapter
Tax 18 and removes other references throughout the chapter to an agricultural assessment transitional period that lasted from 1996 to 1997.
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
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 initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. No other data was used in the preparation of this rule order or this analysis.
Analysis and supporting documents used to determine effect on small business
This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.
Anticipated costs incurred by private sector
This rule order does not have a fiscal effect on the private sector.
Effect on Small Business
This rule order does not affect small business.
Agency Contact Person
Text of Proposed Rule
SECTION 1. Tax 12.05 (1) (b) and (c) (intro.) are amended to read:
Tax 12.05 (1) (b) The applicant shall have a job commitment from an elected or appointed assessor, from a firm contracting to make the assessment under s.
70.05 (2),
70.055, or
70.75, Stats., or a job commitment from the
bureau of property tax department.
(c) (intro.) The certified individual signing the assessment roll for a local tax unit of government or county assessor system under s.
70.99, Stats., or the applicant's immediate supervisor if in the
bureau of property tax department, shall be responsible to see that the following conditions are met:
SECTION 2. Tax 12.06 (1) (a) 1. (intro.) is renumbered Tax 12.06 (1) (a) 1. and amended to read:
Tax 12.06 (1) (a) 1. Assessment technician shall be authorized to perform, duties in accordance with the Wisconsin Property Assessment Manual, and under the direct supervision of a property appraiser or an assessor, the following duties:.
SECTION 3. Tax 12.06 (1) (a) 1. a. to g. are repealed.
SECTION 4. Tax 12.06 (1) (b) 1. (intro.) is renumbered Tax 12.06 (1) (b) 1. and amended to read:
Tax 12.06 (1) (b) 1. Property appraiser shall be authorized to perform, duties in accordance with the Wisconsin Property Assessment Manual, and under the direct supervision of an assessor, the duties of an assessment technician and the following duties:.
SECTION 5. Tax 12.06 (1) (b) 1. a. to e. are repealed.
SECTION 6. Tax 12.065 (1) (c), (2) (b), and (6) are amended to read:
Tax 12.065 (1) (c) “Committee" means the advisory committee appointed by the department from, but not limited to, the following groups: the department; league of Wisconsin municipalities, the assessor's section; the Wisconsin association of assessing officers; county assessor systems; the vocational technical school program Wisconsin technical college system; the alliance of cities University of Wisconsin Extension; the Wisconsin towns association; private appraisal firms or individuals.
(2) (b) The program shall be attended and completed not earlier than 5 years preceding the expiration of the applicant's current certification period. For certifications issued after January 1, 1981, the earliest program attended may not begin prior to the date of issuance of the applicant's current certification.
(6) Address. All correspondence to the department shall be sent to:
Wisconsin Department of Revenue
Committee on Continuing Assessor Education Division of State and Local Finance
c/o Assessor Certification and Training Unit
PO Box 8933 8971
2135 Rimrock Road
Madison, WI 53708-8933 53708-8971
SECTION 7. Tax 12.07 is repealed and recreated to read:
Tax 12.07 Assessment districts. (1)
Levels of certification. Based on the complexity of assessment functions and the various classes of property within each taxation district, the department has established the levels of certification required for statutory assessors of counties and municipalities as follows:
(a) Assessor 1
(b) Assessor 2
(c) Assessor 3
Note: See s.
Tax 12.06 (2) for a description of the duties of an assessor 1, 2, and 3.
(2) Counties and municipalities. (a) The department shall establish the level of certification under sub. (1) required for statutory assessors of each county and municipality and publish this information in the Wisconsin Property Assessment Manual.
(b) The department shall review the levels of certification under par. (a) after every decennial census of the United States of America and revise them as needed. The levels of certification as revised under this paragraph shall be published by the department in the Wisconsin Property Assessment Manual.
(c) A revision under par. (b) shall take effect January 1 of the second year after publication in the Wisconsin Property Assessment Manual.
SECTION 8. Tax 12.075, 12.08, and 12.10 are repealed.
SECTION 9. Tax 12.40 is repealed.
SECTION 10. Tax 12.50 (1) and (3) (b) are amended to read:
Tax 12.50 (1) Applicability. The general property tax exemption applies whether the solar and wind energy systems certified by the department of commerce under s. 101.57 (4), Stats., are deemed personal property or are so affixed to the realty as to be classified as real estate.
(3) (b) The claim for exemption shall be submitted to the assessor no later than the April March 1 immediately following the assessment date for which the exemption is claimed.
SECTION 11. Tax 12.50 (4) is repealed.
SECTION 12. Subchapter I of ch. Tax 18 is repealed.
SECTION 13. Subchapter II (title) of ch. Tax 18 is repealed.
SECTION 14. Tax 18.04 is amended to read:
Tax 18.04 Purpose. The purpose of this subchapter chapter is to provide definitions and procedures for the department and municipal assessors to classify certain real property as agricultural or other, and to value such property for property tax purposes, beginning in 1998.
SECTION 15. Tax 18.05 (intro.) and (1) (a) are amended to read:
Tax 18.05 (intro.) Definitions. In this subchapter chapter:
(1) (a) Activities included in subsector 111 Crop Production, set forth in the North American Industry Classification System (NAICS), United States, 1997, published by the executive office of the president, U.S. office of management and budget. "Agricultural use" does not include growing short rotation woody trees with a growing and harvesting cycle of 10 years or less for pulp or tree stock under NAICS industry 111421.
SECTION 16. Tax 18.07 (2) is amended to read:
Tax 18.07 (2) Not later than January 1, 1998, and each January 1 thereafter of each year, the department shall provide assessors with the use value per acre for each category of agricultural land in each municipality, calculated under sub. (1). The use value per acre for each category of agricultural land in each municipality shall be published annually in the Wisconsin property assessment manual.
SECTION 17. Tax 18.08 is repealed.
SECTION 18. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapters Tax 12 and 18 — Property tax and assessment of agricultural property
|
Subject
|
Property tax and assessment of agricultural property
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
The rule does not create or revise policy, other than to reflect current law and department policy.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
As indicated in the attached fiscal estimate, the proposed rule has no fiscal effect on municipalities, counties, or the Department of Revenue.
No comments concerning the economic effect of the rule were submitted in response to the department's solicitation.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Clarifications and guidance provided by administrative rules may lower the compliance costs for municipalities and counties.
If the rule is not implemented, Chapters Tax 12 and 18 will be incomplete in that they will not reflect current law or department policy.
|
Long Range Implications of Implementing the Rule
|
No long-range implications are anticipated.
|
Compare With Approaches Being Used by Federal Government
|
N/A
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
N/A
|
FISCAL ESTIMATE FORM
|
|
2013 Session
|
X ORIGINAL ⍽ UPDATED
|
LRB #
|
|
|
INTRODUCTION #
|
|
⍽ CORRECTED ⍽ SUPPLEMENTAL
|
Admin rule #
|
Tax 12: Property Tax
Tax 18: Assessment of Agricultural Property
|
Subject
Proposed order of the Department of Revenue relating to property tax and assessment of agricultural property
|
|
Fiscal Effect
|
State: X No State Fiscal Effect
Check columns below only if bill makes a direct appropriation or
affects a sum sufficient appropriation
⍽ Increase Existing Appropriation ⍽ Increase Existing Revenues
⍽ Decrease Existing Appropriation ⍽ Decrease Existing Revenues
⍽ Create New Appropriation
|
⍽ Increase Costs — May be Possible to Absorb Within Agency's Budget ⍽Yes ⍽No
⍽ Decrease Costs
|
Local: X No Local Government Costs
|
1. ⍽ Increase Costs
|
3. ⍽ Increase Revenues
|
5. Types of Local Governmental Units Affected:
|
⍽ Permissive
⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ Towns ⍽ Villages⍽ Cities
|
2. ⍽ Decrease Costs
|
4. ⍽ Decrease Revenues
|
⍽ Counties ⍽ Others
|
|
⍽ Permissive
⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ School Districts ⍽ WTCS Districts
|
Fund Sources Affected
⍽ GPR ⍽FED
⍽PRO
⍽PRS ⍽SEG
⍽SEG-S
|
Affected Ch. 20 Appropriations
|
Assumptions Used in Arriving at Fiscal Estimate
Summary
The proposal makes a number of updates and technical corrections to certain DOR administrative rules. These changes have no fiscal effect on municipalities, counties, or the DOR.
Detail of provisions
Section 1 of the proposal replaces a reference to a bureau in the Department of Revenue (DOR) that no longer exists with a reference to the department.
Sections 2 to 5 of the proposal update the descriptions of what an assessment technician and a property appraiser are allowed to do in the property assessment process. The current rule does not reflect the range of duties that persons in such positions are permitted to do under the Wisconsin Property Assessment Manual.
Section 6 of the proposal updates the list of persons who sit on the advisory committee that makes recommendations to the DOR on continuing education requirements for licensed assessors and assessment staff.
Sections 7 and 8 of the proposal relate to the licensure level (there are 3 such levels) required by assessors. The levels are set such that the more complex a job the assessor must complete, the higher level of licensure that is needed. These levels are currently specified in rule by county and for certain municipalities. The revision would no longer specify these levels in rule, but instead require DOR to publish these levels in the Wisconsin Property Assessment Manual, and to change these levels every 10 years to reflect changes in local populations as determined by the decennial federal census.
Sections 9 and 10 of the proposal repeal rules regarding notification of increased assessment, county review of equalized values, the confidentiality of manufacturing assessment forms, and the waste treatment exemption. These repeals remove obsolete and unnecessary provisions. Current statutes provide sufficient direction to carry out these duties.
Sections 11 and 12 of the proposal deal with the rules on the exemption for solar and wind energy systems. The proposal deletes a reference to a department of commerce certification that no longer exists, changes the exemption request date to conform to current law, and deletes an obsolete sunset provision.
Section 13 of the proposal deletes the rules which governed how agricultural land was to be assessed for 1996 and 1997. These rules are no longer needed. Sections 14 and 16 remove obsolete effective date references.
Section 15 of the proposal deletes a reference to the growing of short rotation woody trees since the statutes have been changed so that such activity now qualifies for agricultural assessment.
Section 17 of the proposal deletes a redundant provision.
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that, pursuant to ss.
15.03,
15.435,
70.395 (2) (hg),
76.07 (5) (b), and
77.30, Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapters
Tax 6,
13, and
15, relating to public utility taxation, investment and local impact fund, and real estate transfer fee.
Hearing Information
Date: Friday, July 12, 2013
Time: 9:00 a.m.
Location: Events Room
State Revenue Building
2135 Rimrock Road
Madison, WI 53713
Handicap access is available at the hearing location.
Appearances at the Hearing and Submittal 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 listed below or to adminrules.wisconsin.gov no later than July 12, 2013, and will be given the same consideration as testimony presented at the hearing.
Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Telephone: (608) 266-8253
Analysis by the Department of Revenue
Statute interpreted
Statutory authority
Explanation of agency authority
The Investment and Local Impact Fund Board, as created by s.
15.435, Stats., and attached to the department under s.
15.03, Stats., is required under s.
70.395 (2) (hg), Stats., to “
…by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and s.
293.65 (5)." These provisions apply to the proposed revision to s.
Tax 13.05 (1) (b).
Section
76.07 (5) (b), Stats., provides “[t]he department shall promulgate rules relating to the general principles of the indicators of value..." This provision applies to the proposed changes to Chapter
Tax 6.
Section
77.30, Stats., provides “[t]he secretary of revenue may adopt, pursuant to ch.
227, such rules as the secretary deems necessary in the administration of this subchapter
…" This provision applies to the proposed repeal of ss.
Tax 15.03 (2) (b) and
(c) and
15.05 (5).
Related statute or rule
There are no other applicable statutes or rules.
Plain language analysis
The proposed rule makes the following changes:
• Amends s.
Tax 6.50 (4) (b) to be consistent with national unit valuation standards.
•
Updates department contact and form references throughout Chapter
Tax 6.
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
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 initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. No other data was used in the preparation of this rule order or this analysis.
Analysis and supporting documents used to determine effect on small business
This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.
Anticipated costs incurred by private sector
This rule order does not have a fiscal effect on the private sector.
Effect on Small Business
This rule order does not affect small business.
Agency Contact Person
Text of Proposed Rule
SECTION 1. Tax 6.02 is amended to read:
Tax 6.02
Returns for public utilities. Forms that are used in the administration of the various taxes levied according to ch.
76, Stats., may be obtained from the Wisconsin Department of Revenue,
Bureau of Utility and Special Taxes Division of State and Local Finance, P.O. Box
8933 8971, Madison, WI 53708
-8971.
SECTION 2. Tax 6.40 (2) (a) and (b) are amended to read:
Tax 6.40 (2) (a) Requests for approval by public utilities subject to taxation under s.
76.13, Stats., for each waste treatment facility shall be made by completing the form entitled "
Application for Exemption of Report of Exempted Waste Treatment Facility-Utility." All actual costs of purchase or construction of the facility must be reflected on this form. The completed form is due January 15 of each year and is to be filed annually except in years subsequent to purchase or construction where no capital changes have occurred to the waste treatment facility, in which case a summary sheet may be submitted for these facilities. For good cause shown upon application by the applicant, the department may grant an extension of time not exceeding 120 days in which to file the application form.
(b) The completed form "Application for Exemption of Report of Exempted Waste Treatment Facility-Utility" should be sent to the Bureau of Utility and Special Taxes Division of State and Local Finance.
Note: The address for mailing the application form is Wisconsin Department of Revenue, Bureau of Utility and Special Taxes, Division of State and Local Finance, PO Box 8971, Madison WI 53708-8971.
SECTION 3. Tax 6.50 (4) (b) is amended to read:
Tax 6.50 (4) (b) The department shall make adequate and reasonable allowances for loss of value due to all causes including physical depreciation, functional and economic obsolescence, regulatory required write-offs and utility plant acquisition adjustments. The department shall also make required allowances for property which is not taxable under ch. 76, Stats., which includes but is not limited to, future use property, except when included in the rate base, approved waste treatment facilities, licensed motor vehicles, nonoperating property, property allocable outside the state and property leased to others. The cost indicator for regulated public utilities shall recognize that an asset's value generally is limited by its value for ratemaking purposes. The cost indicator shall include construction work in-progress regardless of the treatment for ratemaking purposes.
SECTION 4. Tax 13.05 (1) (intro.) is renumbered Tax 13.05 (1) and amended to read:
Tax 13.05 (1) Net proceeds tax. Fifteen days after collection of the tax, the department of administration, upon certification of the department of revenue, shall transfer the amount collected as follows: first dollar payment and the taxes collected to the impact fund.
SECTION 5. Tax 13.05 (1) (b) is repealed.
SECTION 6. Tax 15.03 (2) (intro.) is renumbered Tax 15.03 (2) and amended to read:
Tax 15.03 (2) Conveyances by means of a sheriff's sale: where the grantee is a third party with no prior interest in the deed or mortgage.
SECTION 7. Tax 15.03 (2) (a) to (c) are repealed.
SECTION 8. Tax 15.05 (5) is repealed.
SECTION 9. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapters Tax 6, 13, and 15 — Public utility taxation; investment and local impact fund; and real estate transfer fee
|
Subject
|
Public utility taxation, investment and local impact fund, and real estate transfer fee
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
Policy Problem Addressed by the Rule
|
The rule does not create or revise policy, other than to reflect current law and department policy.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
As indicated in the attached fiscal estimate, the proposed rule has no fiscal effect on municipalities, counties, or the Department of Revenue.
No comments concerning the economic effect of the rule were submitted in response to the department's solicitation.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Clarifications and guidance provided by administrative rules may lower the compliance costs for municipalities and counties.
If the rule is not implemented, Chapters Tax 6, 13, and 15 will be incomplete in that they will not reflect current law or department policy.
|
Long Range Implications of Implementing the Rule
|
No long-range implications are anticipated.
|
Compare With Approaches Being Used by Federal Government
|
N/A
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
N/A
|
FISCAL ESTIMATE FORM
|
|
2013 Session
|
|
LRB #
|
|
X ORIGINAL ⍽ UPDATED
|
INTRODUCTION #
|
|
⍽ CORRECTED ⍽ SUPPLEMENTAL
|
Admin rule #
|
Tax 6: Public Utility Taxation
Tax 13: Investment & Local Impact Fund
Tax 15: Real Estate Transfer Fee
|
Subject
Proposed order of the Department of Revenue relating to public utility taxation, investment and local impact fund, and real estate transfer fee
|
|
Fiscal Effect
|
State: X No State Fiscal Effect
Check columns below only if bill makes a direct appropriation or
affects a sum sufficient appropriation
⍽ Increase Existing Appropriation ⍽ Increase Existing Revenues
⍽ Decrease Existing Appropriation ⍽ Decrease Existing Revenues
⍽ Create New Appropriation
|
⍽ Increase Costs — May be Possible to Absorb Within Agency's Budget ⍽Yes ⍽No
⍽ Decrease Costs
|
Local: X No Local Government Costs
|
1. ⍽ Increase Costs
|
3. ⍽ Increase Revenues
|
5. Types of Local Governmental Units
Affected:
|
⍽ Permissive ⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ Towns ⍽ Villages ⍽ Cities
|
2. ⍽ Decrease Costs
|
4. ⍽ Decrease Revenues
|
⍽ Counties ⍽ Others
|
|
⍽ Permissive ⍽ Mandatory
|
⍽ Permissive ⍽ Mandatory
|
⍽ School Districts ⍽ WTCS Districts
|
Fund Sources Affected
⍽GPR ⍽FED
⍽PRO
⍽PRS ⍽SEG ⍽SEG-S
|
Affected Ch. 20 Appropriations
|
Assumptions Used in Arriving at Fiscal Estimate
Summary
The proposal makes a number of updates and technical corrections to certain DOR administrative rules. These changes have no fiscal effect on municipalities, counties, or the DOR.
Detail of provisions
Section 1 of the proposal updates the address from which utilities can obtain the forms they are required to use in their annual filings with the Department of Revenue (DOR).
Section 2 of the proposal changes the name of a report form to the current name and updates the DOR address from which the required from can be obtained.
Section 3 of the proposal is not consistent with current practices under which certain utilities are valued on a unit basis. The proposal would make the rule consistent with current DOR practices.
Sections 4 and 5 of the proposal update the rules to reflect the repeal (in
1997 Wisconsin Act 27) of the Badger Fund. The Badger Fund was a segregated fund into which 40% of the collections from the mining net proceeds tax (after certain allocations) were deposited.
Sections 6 to 8 of the proposal update the real estate transfer fee rules to reflect how sheriff's sales are handled under current law. Under current law, a conveyance by or in lieu of foreclosure to a person holding a mortgage or to a seller under a land contract is specifically exempt from the transfer fee. However, a conveyance by or in lieu of foreclosure to someone with no prior interest in the mortgage or deed is not exempt.
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
103.005 (1) and
106.27 (2g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the creation of Chapter
DWD 801, relating to workforce training grants under the Wisconsin Fast Forward program.
Hearing Information
Date: Monday, July 15, 2013
Time: 10:00 a.m.
Location: G.E.F. 1 Building, B 103
201 E. Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 266-9427 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Written Comments and Deadline for Submission
Written comments may be submitted to Howard Bernstein, Office of Legal Counsel, Dept. of Workforce Development, P.O. Box 7946, Madison, WI 53707-7946 or by email to
howard.bernstein@dwd.wisconsin.gov. The deadline for submission is July 17, 2013. Written comments will be given the same consideration as testimony presented at the hearing.
Availability of Rules
The proposed rules are available at the website
http://adminrules.wisconsin.gov.
This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting Howard Bernstein at the addresses given above or by telephone at (608) 266-9427.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statute interpreted
Explanation of agency authority
2013 Wisconsin Act 9 creates a program in the Department of Workforce Development (DWD) for the development and implementation of workforce training grants to be used for the training of unemployed and underemployed workers in this state or for the training of incumbent employees of businesses in this state.
Act 9 mandates that grantees report to DWD regarding how grant money was used and the outcomes achieved, and requires DWD to promulgate rules prescribing the information to be contained in these reports. It also requires DWD to create grant application forms, procedures, and criteria, and permits DWD to audit and inspect the records of grantees.
Summary of the proposed rule
This rule establishes the general criteria, procedures, requirements and conditions for the award of Wisconsin Fast Forward workforce training grants. It allows for grant applications from any public or private organization, including an employer or an economic development agency or training provider that is working with an employer.
The rule provides for the solicitation of applications for grants in the form of Grant Program Announcements (GPAs). Each grant applicant will be asked to provide information about itself and a description of the its proposed training program, including the proposed program budget and the proposed matching funds to be provided by the applicant.
The proposed rule provides that grant applications shall receive a preliminary review to ensure that they meet the basic requirements of the GPA. Applications which satisfy this review shall then be evaluated and ranked in relation to a series of factors relating to the capability of the applicant, the specifics of the proposal, and the potential economic and workforce capacity impacts of the proposal. The Department may also consider factors such as underserved populations and geographic areas.
The rule establishes an overall procedure for awarding grants and guidelines for grant administration, the use of grant funds and the provision of matching funds by grantees. Each grantee will be required to report on the use and effect of the grant funds in terms of information on the number of trainees, the trainees that have completed the program, and whether trainees have obtained new employment with increased wages or increased hours of work.
Summary of analytical methodology
The rules of other public grant programs were reviewed as part of the process for developing this proposed rule. No other data or analysis was needed.
Comparison to federal law
The federal Workforce Investment Act of 1998 provides funding for employment and training programs to the state with the guidance of the State Council for Workforce Investment. Grant allocations go to 11 regional workforce development boards, which fund and supervise local programs. Programs for employment placement and retention, job training, and education-related training are delivered through the Wisconsin Job Centers.
Comparison with statutes and rules in adjacent states
Minnesota
The Minnesota Job Skills Partnership Program is a state grant program which links state businesses with colleges, technical colleges, and universities to provide skill development training to workers. Approximately 70% of the grants go to state manufacturers; the next most numerous category is health care industries. It is a financial match program in which employers provide approximately 2 dollars for every public dollar provided. Partnership grants are awarded in amounts up to $400,000. About 80% of the grants are awarded to Colleges and Technical Colleges within the Minnesota State Community and Technical College system.
Illinois
The Illinois Department of Commerce and Economic Opportunity, Office of Business Development, offers a grant program entitled Employer Training Investment Program. Grants may be awarded to individual businesses or to intermediary organizations operating multi-company training programs. The grants are intended to enable companies to remain competitive, expand into new markets or introduce more efficient technology. ETIP grants may reimburse Illinois companies for up to 50 percent of the eligible cost of training their employees. In fiscal year 2010, this program gave out 15 grants totaling $6.4 million ranging from $60,000 to $1.1 million.
Iowa
The Skilled Iowa Initiative offers assessments, certification programs, and internships in cooperation with public schools, community colleges, and universities, to work with employers seeking to expand the number of available “middle-skill" workers.
Michigan
The Michigan Industry Cluster Approach strategy focuses on five industry clusters (agriculture, energy, healthcare, information technology, and manufacturing) and works with employers to identify industry demand and vacancies, and provide input into the design of educational program offerings and skills requirements. The state's policy is to aligns services and programs with the identified needs for workers and skills. Programs are listed on Michigan's “WIA Eligible Training Provider List" based on input from employers.
Analysis used to determine effect on small business
Effect on Small Business
The proposed rule has no effect on a small business that does not apply for a workforce training grant. Any business that chooses to apply for a grant, with or without partners, will have to comply with the administration and reporting requirements of the rule and the grant agreement.
Agency Contact for Program Issues
Dennis C. Schuh, Program Manager
DWD Office of Skills Development
P.O. Box 7946
Madison, WI 53707
(608) 267-3803
Agency Contact for Rulemaking Issues
Howard Bernstein, DWD Legal Counsel
P.O. Box 7946
Madison. WI 53707
(608) 266-9427
howard.bernstein@dwd.wisconsin.gov
STATE OF WISCONSIN
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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Type of Estimate and Analysis
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X Original ⍽ Updated ⍽ Corrected
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Administrative Rule Chapter, Title and Number
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ch. DWD 801
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Subject
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Workforce Training Grants under s. 106.27 (2g), Stats.
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Fund Sources Affected
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Chapter 20 , Stats. Appropriations Affected
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⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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Fiscal Effect of Implementing the Rule
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
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The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
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Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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Policy Problem Addressed by the Rule
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The proposed rule implements the requirement in s. 106.27(2g), Stats., that DWD promulgate rules prescribing procedures and criteria for awarding grants and the information that must be contained in the reports that are required from the grantees.
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Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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The proposed rule does not create any costs in the administration of the workforce training grants program that are independent of the fiscal effect of 2013 Wisconsin Act 9 (2013 Assembly Bill 14), which created the program. A copy of the fiscal estimate for AB 14/Act 9 is attached.
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Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The rule simply carries out the instructions of the statute.
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Long Range Implications of Implementing the Rule
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None distinct from the statute.
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Compare With Approaches Being Used by Federal Government
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The rule analysis contains a comparison to the federal Workforce Investment Act.
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Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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These comparisons are also in the rule analysis.
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Name and Phone Number of Contact Person
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Howard Bernstein, Legal Counsel, DWD (608) 266-9427
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