The department may include additional education requirements that go beyond the licensing requirements of ss.
447.03 (2) and
447.04 (2), Stats.
Statutory authority
Staff time required
The Department estimates that it will take approximately 30 hours of staff time to develop the proposed rules.
Entities affected
Business entities affected will include dentists, dental offices, Federally Qualified Health Centers (FQHCs) to the extent they have a dental operation, HealthCheck nursing agencies, and the Department's HMO partners in Southeastern Wisconsin (Milwaukee, Kenosha, Racine, and Waukesha Counties).
Comparison to federal regulations
42 CFR § 440 addresses Medical Assistance, including required and optional services provided under State Plans.
Regulation and Licensing
Subject
Objective of the rule. The objective of the rule is to create chapter RL -- in response to
2003 Wisconsin Act 145. This Act directs each agency to develop rules to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business.
Policy analysis
a) Existing policies. The Department currently does not have any specific rules relating to enforcement against small businesses as compared to other businesses.
b) New policies. This is a new policy initiative.
c) Policy alternatives. The alternative of not creating this code chapter would result in not complying with the directive in
2003 Wisconsin Act 145.
Statutory authority
Staff time required
The Department estimates that it will take approximately 150 hours to develop this rule. This time includes drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Comparison to federal regulations
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Revenue
Subject
Notice is hereby given, pursuant to s.
227.135, Wis. Stats., that the Department of Revenue plans to promulgate rules related to the administration of the 2005 use value assessment for agricultural land.
Objective of the rule. To ensure positive and stable 2005 assessments for agricultural land.
Policy analysis
Pursuant to s.
70.32 (2r) (c), agricultural land is assessed according to the income that could be generated from its rental for agricultural use. Wisconsin Chapter
Tax 18 specifies the formula that is used to estimate the net rental income per acre. The formula estimates the net income per acre of land in corn production based on a 5-year average corn price per bushel, cost of corn production per bushel and corn yield per acre. The net income is divided by a capitalization rate that is based on a 5-year average interest rate for a medium-sized, 1-year adjustable rate mortgage and net tax rate for the property tax levy two years prior to the assessment year.
For reasons of data availability, there is a three-year lag in determining the 5-year average. Thus, the 2003 use value is based on the 5-year average corn price, cost and yield for the 1996-2000 period, and the capitalization rate is based on the 5-year average interest rate for the 1998-2002 period. The 2005 use value is to be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is to be based on the 2000-2004 period.
The data for the 1998-2002 period yields negative net income per acre due to declining corn prices and increasing costs of corn production. As a result, reliance on data for the 1998-2002 period will result in negative use values. The department has promulgated an emergency rule that would hold the 2005 use values at 2003 levels. The emergency rule will be published on December 29, 2004 and will further remain in effect for 150 days after publication when a permanent rule should be in place. The department intends to promulgate a permanent rule to the same effect.
Statutory authority
Staff time required
The total anticipated time commitment to the development of the rule is 120 hours.
Entities affected by the rules
These rules will likely affect farming businesses with land that is actually used for productive agricultural purposes.
Comparison to federal regulations
There is no current or pending federal regulations that address the assessment of agricultural property.
Comparison to other state laws and regulations:
Comparison with rules in adjacent states: Assessment guidelines for agricultural property vary within the states adjacent to Wisconsin. The guidelines may be found in state statutes, administrative rules or a state's constitution. While all four of the adjacent states provide for preferential assessment of agricultural land, only Iowa and Illinois assess agricultural land based upon its agricultural productivity or use. Michigan and Minnesota assess agricultural land based upon market data.
Agricultural real estate in Iowa is assessed according to its productivity and net earning capacity as defined in Iowa Code. The data used to calculate productivity pertains to crops harvested during the five-year period ending with the calendar year in which assessments were last equalized.
In Illinois, farmland is assessed based upon its agricultural economic value. Agricultural economic value is based upon soil productivity, market conditions, production costs and interest rates.
Real property in Michigan is assessed at 50% of market value. The market is determined with data from the prior two years of sales. Qualified agricultural property is exempt from the 18-mil tax levied by the local school district.
Minnesota requires assessors to value property at its estimated market value. The state provides a program that allows qualifying farmers to pay real estate taxes based upon the agricultural value of their land. Under the law, referred to as “Green Acres", the assessor determines two values on agricultural property. (1) The “actual market value" based on sales of similar property taking into consideration all of the non-farm factors that influence its market value. (2) The “agricultural value" or “Green Acres value" based on sales of agricultural property in neighboring counties or areas not affected by development pressures. Taxes are calculated on both market values, but paid on the lower, agricultural value each year. The difference between tax calculated on agricultural market value and the actual market value is deferred until the property is sold or no longer qualifies for the “Green Acres Program".
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is:
STH 48 from STH 35 in Luck to USH 63 in Cumberland.
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received a request from Colonial Craft in Luck, WI, to add this highway segment.
Comparison to federal regulations
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•
No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•
No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•
No state may limit the length of truck tractors.
•
No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•
No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted s.
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in s.
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
Entities affected by the rule
The rule will affect the requesters of the routes to be designated and other operators of commercial motor vehicles.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Workforce Development
Subject
The adjustment of thresholds for application of prevailing wage rates.
Policy Analysis
When a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49 (3g), Stats., set initial estimated project cost thresholds for application of prevailing wage rates and require that DWD adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the threshold adjustment is based on changes in the construction cost index published in the
Engineering News-Record, a construction trade publication.
This rule will adjust the thresholds for application of the prevailing wage rate based on a 7.755% increase in the construction cost index since the thresholds were last adjusted. The current thresholds are $38,000 for a single-trade project and $186,000 for a multi-trade project. The new thresholds will be $41,000 for a single-trade project and $200,000 for a multi-trade project.
Entities affected by the rule
State agencies, local governmental units, employers in the construction industry who contract for public works projects, and employees of these employers.
Comparison to federal law
The threshold for application of the federal prevailing wage law is a contract greater than $2,000. This threshold is in statute and is rarely adjusted.
Statutory authority
Staff time required
35 hours.
