Scope Statements
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Subject
Creates Chapter
Comm 123, relating to electronic medical records tax credits.
Objective of the Rule
The proposed rules would implement the provisions of
2007 Wisconsin Act 20 that relate to certifying health care providers and allocating to them tax credits for information technology hardware or software which is used to maintain medical records in electronic form.
Policy Analysis
The Department has rules for several other programs associated with tax credits, but none of those programs relate specifically to hardware or software that is used to maintain medical records in electronic form. The proposed rules are expected to address (1) the eligibility requirements for applicants; (2) the documentation that must be submitted by applicants to become certified as eligible for the tax credits, and to receive acceptance of incurred expenses; (3) the Department's response to the submitted documentation; and (4) use of the Department's response when filing a claim with the Department of Revenue for the corresponding tax credit. The alternative of not promulgating these rules would conflict with a directive in section
560.204 (4) of the Statutes, as created in
2007 Wisconsin Act 20, that requires this promulgation in consultation with the Department of Revenue.
Statutory Authority
Entities Affected by the Rule
The proposed rules may affect entities that have a role in maintaining medical records in electronic form.
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulation that addresses these tax credits.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 100 to 200 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Government Accountability Board
Subject
Creates Chapter
GAB 22, relating to a settlement offer schedule to resolve violations by settlement between the Government Accountability Board and a registrant or other party.
Objective of the Rule
Establish the settlement offer guidelines that the Government Accountability Board's staff will use to resolve violations of chapters 11, 13 and 19, Stats., in lieu of an enforcement action.
Policy Analysis
Most minor or less serious violations of chapters 11, 13 and 19 of the statutes, the campaign finance, lobbying and ethics chapters, including late registration, late filing of reports and exceeding contribution limits, are resolved by settlement between the offending registrant and the Government Accountability Board, pursuant to s.
5.05, Stats. The previous settlement offer schedule followed by the former Elections and Ethics Boards needs to be up-dated by its successor, the Government Accountability Board and needs to be codified by rule.
Statutory Authority
Entities Affected by the Rule
All persons and committees who register with the Government Accountability Board or with any other filing officer under Chapters
11,
13 and
19, Stats., and any other persons or committees who fail to comply with those chapters.
Comparison with Federal Regulations
Currently, the majority of the Federal Election Commission's campaign finance cases are settled through pre-probable cause conciliation comparable to Wisconsin's settlement procedure. Consistent with the goal of expeditious resolution of enforcement matters, the Commission encourages pre-probable cause conciliation. The Commission has a practice in many cases of reducing the civil penalty it seeks through its opening settlement offer in pre-probable cause conciliation. However, once pre-probable cause conciliation has been terminated, this reduction (normally 25%) is no longer available and the civil penalty will generally increase. The FEC is now moving to make permanent a program that allows respondents to request and receive a hearing on a probable cause determination as part of the conciliation procedure, to increase the probability of conciliation.
No existing or proposed federal regulation, relating to lobbying or ethics is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
At least 50 hours of state employees' time.
