Wisconsin collectors licensed under Chapter
218.
Rule Type
(Permanent) Modifications.
Detailed Description of the Objective of the Proposed Rule
Currently, Rule s. DFI-BKG 74.11 (2) (d) allows a licensee to collect a fee not to exceed the lesser of $25 or 3% of the payment amount when the debtor pays by credit card. This revision expands the rule to cover payments made using a debit card.
Also, as a result of a large volume of misdirected mail being sent to DFI, we are also proposing changing s. DFI-BKG 74.13 (1) to eliminate DFI's address from initial communication with debtors.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
A. Existing Rule: s. DFI-BKG 74.11 (2) (d) A fee not to exceed the lesser of $25 or 3% of the payment amount, not including the fee, may be added to the account of the debtor when the debtor makes a payment using a credit card.
Proposed Rule: s. DFI-BKG 74.11 (2) (d) A fee not to exceed the lesser of $25 or 3% of the payment amount, not including the fee, may be added to the account of the debtor when the debtor makes a payment using a credit card or debit card.
B. Existing Rule: s. DFI-BKG 74.13 (1) Unless the initial communication is written and contains the following notice or the debtor has paid the debt, a licensee shall send the debtor the following notice within 5 days after the initial communication with a debtor: “This collection agency is licensed by the Division of Banking, P.O. Box 7876, Madison, Wisconsin 53707." This notice shall be in at least 8 point type and shall be typed or printed on either a collection notice or on the validation of any debt directed to the debtor by the licensee pursuant to Section 809 of the Federal Fair Debt Collection Practices Act.
Proposed Rule: DFI-BKG 74.13 (1) Unless the initial communication is written and contains the following notice or the debtor has paid the debt, a licensee shall send the debtor the following notice within 5 days after the initial communication with a debtor: “This collection agency is licensed by the Division of Banking,
www.wdfi.org." This notice shall be in at least 8 point type and shall be typed or printed on either a collection notice or on the validation of any debt directed to the debtor by the licensee pursuant to Section 809 of the Federal Fair Debt Collection Practices Act.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
The statutory authority for the rule is as follows: “It shall be the duty of the division and the division shall have power, jurisdiction and authority to investigate the conditions and ascertain the facts with reference to the collection of accounts and upon the basis thereof [t]o make all necessary or proper orders, rules and regulations for the administration and enforcement of this chapter." Section
218.04 (7) (d), Stats.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
120 hrs
List with description of all entities that may be affected by the proposed rule
Wisconsin collectors licensed under Chapter
218, Stats.
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
N/A
There is no federal regulation in regards to collection agencies.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
This change should have a positive impact on Wisconsin collectors licensed under Chapter
218, Stats. They will now be able to access a fee on both credit card and debit card transactions.
Contact Person
Eric Knight, Executive Assistant
Department of Financial Institutions
Office of the Secretary
(608) 267-1718
Revenue
This scope statement was approved by the governor on September 18, 2012.
Rule No.
Relating to
Sales and use tax provisions relating to advertising and promotional direct mail and prosthetic devices.
Rule Type
Permanent. (Revisions)
Detailed description of the objective of the proposed rule
The objectives of the rule are to:
□ Amend the second note at the end of s.
Tax 11.72 to correctly reflect the effective date of the repeal of the sales and use tax exemption for cloth diapers.
□ Amend the list of taxable and exempt purchases contained s.
Tax 11.17 (3) to move “Splints and cast materials" and “Rib belts and supports" from the taxable list to the exempt list so that it is consistent with the information in ss.
Tax 11.08 (4) and
11.45 (3) (b) 9. and current law.
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 are as set forth in the rules. A new policy is being proposed to reflect a law change concerning advertising and promotional direct mail. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
With respect to the change to s.
Tax 11.17 (3), the information currently contained in this rule is incorrect and/or inconsistent with s.
Tax 11.45 (3) (b) 9. This change would make these rules consistent with each other and current law.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
77.65 (3), Stats., provides “t]he department may promulgate rules to administer this section
…"
Section
227.11 (2) (a), 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..."
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.
List with description of all entities that may be affected by the proposed rule
Purchasers and sellers of advertising and promotional direct mail, splints and cast materials, and rib belts and supports.
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.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven
(608) 266-8253
Revenue
This scope statement was approved by the governor on September 18, 2012.
Rule No.
Relating to
General provisions of income taxation and sales and use tax.
Rule Type
Permanent. (Revisions)
Detailed description of the objective of the proposed rule
The objectives of the rule are to:
□ Amend s. Tax 1.11 (4) (d) to reflect the Lottery Board no longer exists and the lottery is instead a division of the department.
□ Repeal s.
Tax 2.085 (2) to reflect the form specified is no longer used.
□ Add a note to s.
Tax 2.50 (1) explaining that a public utility that is a corporation may be in a combined group.
□ Repeal s.
Tax 2.90 (6) to reflect retirement pay or pension are not part of the statutory definition of “wages" for withholding purposes.
□ Repeal s.
Tax 2.97, which is out-of-date and thus obsolete.
Description of existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
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 recently initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed explanation of statutory authority for the rule (including the statutory citation and language)
Section
227.11 (2) (a), 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..."
In addition, under s.
71.80 (1) (c), Stats., the department may make such regulations as it shall deem necessary in order to carry out chapter 71 of the Wisconsin Statutes, relating to income and franchise taxes. This authority pertains to all of the proposed changes in this rule, except those concerning Chapter
Tax 11.
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.
List with description of all entities that may be affected by the proposed rule
Tax professionals, businesses, and others who rely on clear, current, and concise rules
Summary and preliminary comparison of 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.
