Scope Statements
Commerce
Subject
The rules affect chs.
Comm 41 and
45, relating to boilers and pressure vessels and mechanical refrigeration.
Objective of the Rule
The objective of the rule is to update the Wis. Adm. Code chapter Comm 41, Boilers and Pressure Vessels, to reflect current national standards and to evaluate administrative and enforcement aspects of the program, and to clarify requirements under chapter Comm 45, Mechanical Refrigeration, relating to materials used for discharge piping from pressure relief devices.
Policy Analysis
Since 1957 the state boiler and pressure vessel code has adopted by reference the boiler and pressure vessel code published by the American Society of Mechanical Engineers (ASME). Currently, the 2004 edition of the ASME boiler and pressure vessel code is adopted in chapter Comm 41. The 2007 edition of that model code is now available for adoption. Other standards currently adopted in chapter Comm 41, including ANSI/NB - 23, National Board of Inspection Board, and API 510, Pressure Vessel Code, will also be reviewed for updating.
The alternative of not revising chapter Comm 41 would result in rules not being up-to-date with current national standards.
Under chapter Comm 45, clarifying the relief piping material requirement is expected to improve compliance with the safety requirements of the code and the alternative of not clarifying the code in this area may result in confusion.
Statutory Authority
Entities Affected by the Rule
The rule will affect any entity involved with the design, construction, installation, operation, inspection, testing maintenance, repair or alteration of boilers or pressure vessels, and mechanical refrigeration.
Comparison with Federal Regulations
An Internet-based search for “boilers", and “pressure vessels" in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
An Internet-based search for “mechanical refrigeration" in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address the design and installation of mechanical piping as specified under the scope of chapter Comm 45.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 400 hours will be needed to review the updated model code and standards and to develop any needed rule changes. This time includes forming and meeting with an advisory council, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Insurance
Subject
The rules affect chs.
Ins 6,
26 and
28, relating to creating a limited line of authority for travel insurance and affecting small business.
Policy Analysis
Wisconsin currently has 4 limited lines of insurance authority - credit , title , legal expense and a miscellaneous limited line insurance. These are created and authorized in s.
Ins 6.50 (2) (b). Each limited line has requirements set by the Commissioner for testing, prelicensing education and continuing education. The limited line for travel insurance is one established in the NAIC models and most states have authorized it. Once Wisconsin authorizes this line, Wisconsin resident agents could more easily obtain this authority in other states and nonresident Wisconsin agents could obtain authority to sell this type of insurance in Wisconsin.
Statutory Authority
Entities Affected by the Rule
Insurance agents, travel agencies and employees, insurance companies and any other entity that sells travel insurance.
Comparison with Federal Regulations
None
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Revenue
Subject
The rules affect ch.
Tax 2, relating to apportionment of apportionable income of interstate financial institutions.
Objective of the Rule
The objective of the proposed rule is to clarify the apportionment formula for entities that may not be included in the current definition of a “financial institution," but whose receipts are derived from the same types of activities as those performed by financial institutions.
Policy Analysis
Existing policies are as set forth in the rules. Since promulgating the rules, the Department is aware of certain entities that perform some of the functions of a financial institution but that may not be included in the definition of a “financial institution." The proposed rules will clarify the treatment of these entities. If the rules are not changed, they may provide inconsistent treatment of certain receipts when apportioning the income of multistate entities.
Statutory Authority
Entities Affected by the Rule
Credit card banks, entities that perform credit card activities, and corporations owned by financial institutions, which are engaged in business both in and outside of Wisconsin. Also affected will be entities that prepare Wisconsin franchise or income tax returns for these businesses.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 100 hours to develop this rule order.
