STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original
⍽ Updated
⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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165-SPS 81.04
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3. Subject
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Reciprocity
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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6. 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 Cost
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7. 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
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
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Title XI of the Federal Financial Institutions Reform and Recovery Enforcement Act of 1989, (FIRREA) as amended by the Dodd-Frank Act of 2010, dictates the reciprocity requirements for real estate appraisers in each state. State standards cannot overly burden applicants seeking reciprocity in Wisconsin. These proposed rules seek to bring Wisconsin's reciprocity rule in line with the federal standard.
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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.
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The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
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11. Identify the local governmental units that participated in the development of this EIA.
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No local governmental units participated in the development of this EIA.
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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)
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This rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The proposed rule will generate greater consistency between federal and state standards.
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14. Long Range Implications of Implementing the Rule
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As long as the proposed rule is consistent with the federal standard, real estate appraisals will be conducted in a uniform manner, by individuals whose competence has been demonstrated.
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15. Compare With Approaches Being Used by Federal Government
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The federal government provides the regulatory scheme which states must follow. The federal standard is FIRREA Title XI §1122, 12 U.S.C. 3351 (b) as amended by the Dodd Frank Act, which provides that, “[N]otwithstanding any other provisions of this title, a federally related transaction shall not be appraised by a certified or licensed appraiser unless the State appraiser certifying or licensing agency of the State certifying or licensing such appraiser has in place a policy of issuing a reciprocal certification or license for an individual from another state when-“(1) the appraiser licensing and certification program of such other State is in compliance with the provisions of this title; and “(2) the appraiser holds a valid certification from a state whose requirements for certification or licensing meet or exceed the licensure standards established by the State where an individual seeks appraisal licensure." In order to comply with the federal standards, states must insure that a reciprocity applicant's home state is in compliance with FIRREA Title XI, as amended by the Dodd Frank Act, and that the reciprocity applicant holds a valid certification from their home state that meet or exceeds the certification and licensure standards established by the state where an individual seeks reciprocity.
The purpose of FIRREA, “is to provide the Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are preformed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.". FIRREA Title XI §1101, 12 U.S.C. 3331. The purpose of FIRREA is carried out by the Appraisal Subcommittee (ASC). The ASC monitors the requirements established by states regarding the certification and licensure of real estate appraisers. The ASC conducts audits to determine whether states are in compliance with FIRREA. States that are designated “out of compliance" may not engage a certified or licensed appraiser to perform an appraisal of property for a federally related transaction and will not be recognized by other states when applicants from that state are seeking reciprocity.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Illinois: Illinois does not grant licensure by reciprocity for real estate appraisers but allows licensure by endorsement for non-resident applicants. Endorsement applicants must submit an application, the required fee, and a certification of good standing from the jurisdiction of the applicant's place of residence. Ill. Admin. Code tit. 68 §1455.100.
Iowa: Iowa grants non-resident applicants licensure by reciprocity. Applicants seeking reciprocity must submit the appropriate form, pay the required fee and demonstrate good standing in another state. The good standing requirement may be demonstrated by being listed as an appraiser in good standing on the National Registry of the Appraisal Subcommittee. Iowa Admin. Code r. 193F-10.01 (2).
Michigan: Michigan provides for licensing without examination. MCL 339.2623. The state will issue a certified general real estate appraiser, or state licensed real estate appraiser licensure without examination as long as that applicant is licensed, registered, certified, or otherwise regulated by another state and if the requirements of that state are at least equal to Michigan's requirements.
Minnesota: Minnesota requires non-resident applicants to comply with the same application requirements as in-state applicants. Minn. Stat. §82B.071 subd.7.
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17. Contact Name
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18. Contact Phone Number
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Shawn Leatherwood
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608-261-4438
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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
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X Original
Updated Corrected
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2. Administrative Rule Chapter, Title and Number
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MTBT 1 to 5
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3. Subject
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Temporary licensure and continuing education
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
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The proposed rule will update current Wis. Admin. Code Chapter MTBT 1 to MTBT 5 pursuant to the passage of 2009 Wisconsin Act 355. The legislation transformed the former Massage and Bodywork Advisory Council into the Massage Therapy and Bodywork Therapy Affiliated Credential board. The legislation also granted the newly created board rule making authority and the authority to issue licenses instead of certificates. The proposed rule updates the language of the current rule by replacing the term department and inserting the term board as well as replacing the term certificate and inserting the term licensure. Furthermore, the proposed rule will define additional terms such as informed consent, intimate parts, and sexually oriented business. Lastly, the proposed rule sets forth the requirements for temporary licensure and continuing education.
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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.
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This proposed rule was posted on the Department of Safety and Professional Services website and on the state website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing businesses, local governmental units, or individuals contacted the department about the proposed rule.
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11. Identify the local governmental units that participated in the development of this EIA.
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No local governmental entities participated in the development of this EIA.
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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)
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This proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local government units or the state's economy as a whole.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The major benefit of implementing the proposed rule is making the current rules consistent with 2009 Wisconsin Act 355.
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14. Long Range Implications of Implementing the Rule
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The proposed rule will provide greater guidance within the profession for licensees, applicants, and local massage therapy schools on the temporary licensure and continuing education requirements.
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15. Compare With Approaches Being Used by Federal Government
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NA
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Illinois:
Illinois regulates massage therapy via the Massage Licensing Act. Ill. Admin. Code tit.68 §1284 (2012) Illinois exempts students from the licensure requirement as long as they are practicing in conjunction with an approved massage school or program. Approved massage therapy schools are required to meet certain criteria including maintaining written programs, written plans of study, written course outlines and student handbooks. Applicants are required to obtain 500 hours of supervised hands-on instruction from an approved massage therapy school. Ill. Admin. Code tit. 68 §1284.20 With regards to continuing education 24 hours are required per biennium. Illinois does not issue a temporary license
Iowa:
Iowa allows temporary licensure for applicants who hold a current license in other states with less stringent licensure criteria. IAC 131-5 (1) Temporary licensure is valid for one year and may not be renewed. Iowa requires 24 hours of continuing education per biennium. IAC 133.2 (152C)
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Michigan:
Michigan regulates massage therapy by statute under MCL 333.17591-333.17969 (2012). Administrative rules are pending as of December 19, 2011. 18 hours of continuing education are required by statute. There are no provisions for temporary licensure. The Michigan practice act allows students to practice massage therapy as a part of program of study if they are enrolled in school and under the supervision of a licensed massage therapist.
Minnesota:
Massage and bodywork therapist are not licensed, certified, or registered in Minnesota. Minnesota maintains general oversight of the practice of massage therapy and bodywork through Minn. Stat. §146A, (2011) The Unlicensed Complementary and Alternative Health Care Practice Act. This act identifies body work, massage, and massage therapy as encompassed within the, “broad domain of complementary and alternative healing methods and treatment".
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17. Contact Name
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18. Contact Phone Number
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Shawn Leatherwood
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608-261-4438
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