Revenue
This statement of scope was approved by the governor on November 11, 2014.
Rule No.
Relating to
The apportionment of Wisconsin apportionable income of interstate brokers-dealers, investment advisers, investment companies, and underwriters.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The department's objective is to evaluate other methods of assigning gross receipts from the sale of “trading assets" to Wisconsin in s.
Tax 2.495 for purposes of computing the amount of income apportioned to Wisconsin for interstate brokers-dealers, investment advisers, investment companies, and underwriters.
“Trading assets" includes securities, commodities, and related financial instruments that a taxpayer acquires and holds for sale in its inventory account.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies for assigning the income of interstate brokers-dealers, investment advisers, investment companies, and underwriters to Wisconsin are set forth in the rules. Specifically, s.
Tax 2.495 assigns gross receipts from the sale of trading assets to Wisconsin based on where the day-to-day decisions regarding the trading assets occur. If the day-to-day decisions occur in more than one state, the gross receipts are assigned to Wisconsin if the trading policies and guidelines are established in Wisconsin. There is a rebuttable presumption that the trading policies and guidelines are established at the taxpayer's commercial domicile.
The department will evaluate other methods of assigning gross receipts from the sale of trading assets to Wisconsin for purposes of computing the amount of income apportioned to Wisconsin for interstate brokers-dealers, investment advisers, investment companies and underwriters.
3. Detailed explanation of Statutory Authority tor the Rule (Including the Statutory Citation and Language)
Sections
71.04 (8) (c) and
71.25 (10) (c), Wis. Stats., require the department to promulgate rules for apportioning income of specialized industries, specifically “The net business income of railroads, sleeping car companies, car line companies, pipeline companies,
financial organizations, telecommunications companies, air carriers, and public utilities requiring apportionment shall be apportioned pursuant to rules of the department of revenue, but the income taxed is limited to the income derived from business transacted and property located within the state."
Section
227.11 (2) (a), Wis. Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
5. List with Description of all Entities that may be Affected by the Proposed Rule
Brokers-dealers, investment advisers, investment companies, and underwriters.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is the department's intent that any new methods of assigning gross receipts from the sale of “trading assets" to Wisconsin in s.
Tax 2.495 for purposes of computing the amount of income taxable to Wisconsin will not have a significant economic impact on any interstate broker-dealer, investment adviser, investment company, underwriter or small business.
Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services —
Examining Board of Professional Geologists, Hydrologists and Soil Scientists
This statement of scope was approved by the governor on October 20, 2014.
Rule No.
Chapters
GHSS 1 (revise) and
6 (create).
Relating to
Continuing education for professional geologists, hydrologists, and soil scientists.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The legislature granted rulemaking authority to the Board to establish continuing education requirements that a person credentialed by the Board must satisfy to be able to renew a credential. The objective of the proposed rule is to create continuing education requirements.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently continuing education is not required for professional geologists, professional hydrologists and professional soil scientists. The industry is changing with new technologies and continuing education for the professions credentialed by the Board would ensure their professional competency.
The alternative is to not require continuing education and have professionals practicing in the field without education in the current standards of practice of the profession.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
470.03 (2) Upon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed professional geologists, professional hydrologists, and professional soil scientists.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
This statement of scope was approved by the governor on October 20, 2014.
Rule No.
Relating to
Supervised hours required for marriage and family therapy licensure.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective is to correct rules which place a burden on the applicant by going beyond statutory requirements.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current rule contains a requirement that an applicant for a marriage and family therapy license must complete their 3,000 hours supervised marriage and family therapy practice in no less than 2 years. The legislature removed the “no less than 2 year" requirement when it inserted the 3,000 hour requirement. The policy proposed is to remove the “in no less than 2 years" requirement.
The alternative to the proposed policy is to continue with rules which place the threshold above the statutory requirement and delay the person from obtaining licensure.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Marriage and family therapist applicants.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. The rule is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
