A number of definitions have been updated to reflect changes in Statutory citations, to include the complete definition as a Note for the user, and to clarify terms that may have been used inter-changeably in the previous edition of the code.
The rule revisions reflect the expansion of funding programs for public facilities planning to issue grants to eligible local governments for public facilities planning up to $12,500 per plan.
Some sections relating to the scoring of applications are being amended to reflect the intent of both the issue as well as staff experience with ranking applications.
Other minor revisions throughout the chapter relate to code clarification, Statutory notes, and rule format.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until January 25, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Written comments should be submitted to:
Jean M. MacCubbin, Department of Commerce
Administrative Services Division
P.O. Box 2689
Madison, WI 53701-2689
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Environmental Assessment
The proposed administrative code revision is categorized in ch.
Comm 1, WEPA, Table 1.11-2 and determined to be a Type II action.
The proposed action is administrative in nature and has no potential direct effects on the quality of the human environment. Its direct effects on the human environment are positive in that it will provide more efficient environmental analysis and review of department actions in compliance with WEPA and NEPA policies and guidelines. The Department considers this action to have no potential for significant adverse impact.
The Department acknowledges that some projects funded in part by CDGB may require compliance with local, state or federal environmental review conducted by the applicant, which may be a unit of government, organization, business or individual. The Department acknowledges that it is not the sole decision maker in a project funded in part by CDGB.
The Department also acknowledges that some projects funded in part by CDBG may involve new development or rehabilitation and an application for rezoning and/or a conditional use permit at the local level. As specified in ch.
Comm 1, these actions may be determined to be Type III actions. All CDBG approvals by the department contain conditions that each project shall, when necessary, comply with all applicable local, state and federal requirements.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rule revisions are subject to eligible local governmental units only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The reporting, bookkeeping and other procedures required for applicants or eligible local governmental units are expected to be more user-friendly, in that applications may be made throughout the year and that specific grant award requirements, scoring and award amounts are more clearly communicated in the rule and application materials.
The ability for an eligible local governmental unit to apply for CDGB funding throughout the year should serve as a valuable benefit for local government planning.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions includes the ability to apply for various planning grants; no additional professional skills are expected to be required by applicants or eligible local governmental units.
Fiscal Estimate
The proposed rule revisions are specific to the processes and procedures in administration the federal funds, U.S. Housing and Urban Development (HUD). Eligible local units of government may be recipients of these funds.
Notice of Hearings
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.045 (3) and
227.11 (2) (a), Stats., and interpreting s.
118.045, Stats., the Department of Public Instruction will hold public hearings as follows to consider the creation of ch.
PI 27, relating to the commencement of a school term.
The hearings will be held as follows:
Date and Time Location
December 13, 2001 Tomahawk
4:00 - 5:30 p.m. CESA 9
304 Kaphaem Road
(informational) Conference Rooms 1 and 2
December 20, 2001 Milwaukee
1:00 - 2:30 p.m. MPS Administration Building
5225 W. Vliet Street
(informational) Auditorium
January 3, 2002 West Salem
3:00 - 4:30 p.m. CESA 4
923 E. Garland Street
Heritage Room A and B
January 4, 2002 Madison
2:00 - 4:00 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson, at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than January 9, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
2001 Wis. Act 16 requires school boards to start a school term after September 1 unless a school board submits a request to the Department of Public Instruction stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
The department is required to promulgate rules to implement and administer this provision. The rules establish a procedure for school boards to use in requesting an earlier start date and gives examples of extraordinary reasons for granting such requests.
Fiscal Estimate
The proposed creation of Chapter
PI 27, rules relating to the commencement of a school term, is a result of statutory changes made under
2001 Wisconsin Act 16. The rules will not have a fiscal effect separate from the statutory changes made under the Act. The Act modified s.
118.045, Stats., requiring school boards to start a school term after September 1 unless a school board submits a request to the department stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
By law, school districts must provide 180 days of instruction. By starting school later, school districts will likely have to make up days by having shorter winter or spring breaks, or by extending the school year later into summer. If school is conducted during Thanksgiving or winter break when schools would normally be vacant, heating and electrical costs may increase. These costs are indeterminate.
Additionally, current law requires school districts to provide transportation for pupils in private schools. If private schools choose to begin the school year prior to September 1, transportation costs may increase if school districts are required to run additional bus lines or otherwise accommodate the transportation needs of private school pupils when public school is not in session. For example, one public school district has 40 percent of its elementary student population in private or parochial schools. The business manager of the public district estimated that if the private schools chose to start school prior to September 1, it would cost the school district an additional $5,000 to $6,000 per day in transportation costs. The private schools started on August 26 in 2001. If the new legislation would have been in effect this year, it would have cost the public school district $25,000 to $30,000. It should be noted that excessive private school transportation costs are listed in the rule as an extraordinary reason to allow a school to begin a school term prior to September 1.
It is assumed this rule will have no state fiscal effect. These rules may affect small businesses. However, any costs or benefits will vary on a case-by-case basis depending on when such businesses need to employ pupils (at the beginning or end of summer).
Notice of Hearing
Volunteer Fire Fighter and Emergency Medical Technician Service Award Board
[CR 01-123]
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1) and
16.25 (2),
(3),
(4) and
(5), Stats., and interpreting s.
16.25 et seq., Stats., the Department of Administration on behalf of the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board, will hold a public hearing on both the Board's emergency rulemaking order and proposed permanent order creating Chapter
VFF-EMT 1 of the Wisconsin Administrative Code, relating to the creation of a length of service award program for volunteer fire fighters and emergency medical technicians.
Hearing Date, Time and Location
Date: Thursday, December 27, 2001
Time: 9:00 a.m.
Location: Room 136
Administration Building
101 East Wilson Street, 1st Floor
Madison, WI 53702
The hearing is being held in an accessible facility. Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7964, Madison, WI 53707-7864. Written comments must be received by January 7, 2002, to be included in the rule-making proceedings.
Proposed Order
The Volunteer Fire Fighter and Emergency Medical Technician Service Award Board propose an order to create Chapter
VFF-EMT 1 of the Wisconsin Administrative Code.
Analysis prepared by the Department of Administration
Statutes interpreted: s.
16.25 et seq., Stats.
Pursuant to section
16.25 (2) through
(5), Stats., the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board (“Board") is required to establish by rule a program (“Length of Service Awards Program" or “Program") to provide length of service awards, as described in
26 USC 457 (e)(11), to volunteer firefighters (“VFF") and municipalities that operate volunteer fire departments or contract with volunteer fire companies, and to volunteer emergency medical technicians (“EMT"). To the extent permitted by federal law, the Program is to be designed to treat length of service awards as a tax-deferred benefit under the Internal Revenue Code. The rules are to include design features for the Program, the requirements for and the qualifications of private sector entities that are eligible to provide administrative services and investment plans under the Program, and an appeal. Significant features of the rule are addressed below:
Section
VFF-EMT 1.04 describes eligibility requirements for municipalities wishing to participate in the program, such as adopting a resolution or ordinance authorizing participation, developing standards for determining the service required of the individuals it sponsors in order to qualify for municipal contributions and providing for circumstances where municipalities wish to jointly operate, or contract with, the same volunteer fire department or volunteer fire company.
Section
VFF-EMT 1.05 sets forth requirements and procedures for municipal contributions made on behalf of eligible volunteers, and for the state's matching contribution (up to $250 per eligible individual annually).
Section
VFF-EMT 1.06 sets forth the parameters for municipal contributions for prior service rendered before the municipality began participating in the Program. The minimum contribution for prior service is set at $100, and those contributions may spread over a number of years. A separate accounting is required for these prior service payments.
Section
VFF-EMT 1.07 sets forth the Program's vesting requirements and the various permutations possible between full and partial vesting periods and the minimum age requirement (age 60) for payout. Section
VFF-EMT 1.07 (1) establishes that 20 years service is required to fully vest and, upon reaching age 60, the award must be paid. (This requirement insures that the benefit maintains its tax deferred status.) Section
VFF-EMT 1.07 (2) provides that a fully vested individual age 60 or older may continue to provide service toward a new length of service award under a new account but, for IRS rule purposes, contributions must be paid immediately and cannot accumulate. Section
VFF-EMT 1.07 (3) provides for partial vesting after 10 years' service. Should the individual perform more than 10 but less than 20 years' service, upon reaching age 60, he or she will receive only 50% of the net asset value of the benefit account for the first 10 years of service rendered, and an additional 5% for each year thereafter, up to 19 years. Section
VFF-EMT 1.07 (7) allows an individual to provide simultaneous service to two or more separate municipalities but, in such cases, only one year of service credit may be earned.
Section
VFF-EMT 1.09 details the notice and procedure for when a VFF-EMT ceases performing service for one participating municipality and begins performing service for another municipality, which utilizes a different program administrator or vendor. Such a transfer is allowed, but the account will be frozen and a new one started with the new program administrator. However, any accumulated years of credited service will continue to count toward the vesting requirements. Section
VFF-EMT 1.10 allows for benefits to be received both upon disability, or to the beneficiaries upon death of the VFF-EMT.
