Rule-Making Notices
Notice of Proposed Rule
Government Accountability Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
5.93, and
227.11 (2) (a), Stats., and interpreting Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wisconsin Act 1, and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Government Accountability Board will adopt the following rule as proposed in this notice repealing ss.
GAB 21.01 and
21.04, relating to the filing of written communications and documents and to transcripts of proceedings before the former Ethics Board and amending s.
GAB 20.01, relating to procedures for complaints with the former State Elections Board.
The proposed rule will be adopted without public hearing unless within 30 days after publication of this notice, on September 1, 2008, the Government Accountability Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by the Government Accountability Board
Statutes interpreted
Statutory authority
Explanation of agency authority
This rule repeals rules sections
GAB 21.01 and
21.04, and amends section
GAB 20.01, which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wisconsin Act 1. Those rules prescribe procedures related to processing complaints with the former State Ethics Board and with the former State Elections Board. Under
2007 Wisconsin Act 1, those agencies have merged to become the Government Accountability Board. The complaint procedure under ss.
GAB 21.01 and
21.04 no longer applies to complaints filed with the Government Accountability Board under
2007 Wisconsin Act 1 and the complaint procedure under GAB ch.
20 no longer applies to campaign finance complaints. The previous complaint procedure of the former Ethics Board, and the previous campaign finance complaint procedure of the Elections Board is inconsistent with the new Government Accountability Board complaint procedure, which is now provided by statute rather than administrative rule. Therefore, those rules need to be repealed.
Related statute or rule
Sections
11.60,
13.69, and
19.535, Stats., relating to the enforcement of the campaign finance, lobbying and ethics laws.
Plain language analysis
Comparison with federal regulations
Considering that this rule repeals two existing former Ethics Board rules and effectively repeals a portion of a rule of the former Elections Board, comparison with existing federal regulations is inapposite. Federal law does enforce violations of campaign finance, lobbying and ethics laws at the federal level only.
Comparison with rules in adjacent states
The States of Illinois, Iowa, Michigan and Minnesota have not enacted legislation comparable to
2007 Wisconsin Act 1 and have not sought the repeal of enforcement provisions comparable to those included in this rule.
Given the purpose and tenor of this rule, repealing administrative provisions, comparison with existing provisions of other states, as with a comparison to federal law, is inapposite.
Summary of factual data and analytical methodologies
Adoption of the rule was predicated on eliminating provisions of the former Ethics Board's and Elections Board's rules that were inconsistent with the provisions or intent of the new law merging those agencies into the new Government Accountability Board.
Analysis and supporting documents used to determine effect on small business
Preparation of an economic impact report is not required. The Government Accountability Board does not anticipate that the repeal of the described provisions will have an economic impact.
Effect on Small Business
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Agency Contact Person
George A. Dunst, Staff Counsel
Government Accountability Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Submission of Written Comments
Written comments should be sent to the following address: Government Accountability Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
Text of Proposed Rule
Pursuant to the authority vested in the State of Wisconsin Government Accountability Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Government Accountability Board hereby repeals rules ss.
GAB 21.01 and
21.04 and amends s.
GAB 20.01, as follows:
SECTION 1. GAB 21.01 and 21.04 are repealed.
SECTION 2. GAB 20.01 is amended to read:
GAB 20.01 Applicability. This chapter applies to complaints filed with the
state elections government accountability board pursuant to ss.
5.05(3), 5.06,
11.60(5) and
11.66 5.061, Stats., requesting the
elections board to enforce the election
and campaign finance laws
and compliance with the Help America Vote Act. This chapter does not apply to complaints to challenge nomination papers or petitions which are filed under s.
2.05 or
2.11.
Notice of Hearing
Tax Appeals Commission
NOTICE IS HEREBY GIVEN That pursuant to s.
73.01 (4) (b), Stats., and interpreting s.
73.01 (5), Stats., the Wisconsin Tax Appeals Commission will hold a public hearing at to consider proposed changes to the Commission's rules of practice and procedure in Chapter
TA 1 of the Wisconsin Administrative Code.
Hearing Information
Date:
|
Location:
|
September 17, 2008
at 10:30 a.m.
|
5005 University Avenue
Suite 110
Madison, Wisconsin
|
Following the hearing, the Commission will meet in open session. Topics on the agenda for the open session will include the status of cases before the Commission and miscellaneous matters. Following the open session, the Commission also may meet in closed session pursuant to s.
19.85 (1) (a), Wis. Stats., to deliberate on cases before the Commission.
Analysis Prepared by the Tax Appeals Commission
Statutes interpreted
Section
73.01 (5), Stats. allows parties to file petitions for review by the Tax Appeals Commission and describes the process by which the commission conducts such review. The proposed rule changes relate to the procedures for such review.
Statutory authority
Section
73.01 (4) (b), Stats., gives the commission authority to promulgate its rules of procedure.
Explanation of agency authority
Pursuant to Wis. Stat. s.
73.01 (4) and subject to judicial review, the Tax Appeals Commission is the final authority for the hearing and determination of all appeals arising in the following areas of state taxation: individual income; corporation franchise/income; fiduciary; withholding; gift; sales and use; recycling surcharge; county sales tax; car line; cigarette use; controlled substances; metalliferous minerals occupation; motor fuel and alternative fuel; International Registration Plan fees; intoxicating liquor; cigarettes and tobacco products; homestead credit; farmland preservation credit; assessments of manufacturing property; pollution abatement; taxation district appeals regarding the relative value of taxable property in taxation districts of a county; real estate transfer fees; telephone license fees; and electric cooperative association license fees. The commission's rules govern procedures in such appeals.
Related statute or rule
Appeals of state taxation assessments to the commission are permitted pursuant to Wis. Stats. §§
70.38(4) (a),
70.397,
70.64,
70.995(8),
71.07(9e),
71.55(6m),
71.61,
71.88,
76.38(12) (a),
76.39(4) (c),
76.48(6),
76.91,
77.26(3),
77.59(5m) and
(6) (b),
78.01,
78.22,
78.40,
78.555,
139.02,
139.03,
139.06,
139.31,
139.315,
139.33,
139.76,
139.78,
341.43 and
341.45.
Plain language analysis
Section by section details of this rule order are outlined as follows:
Section 1: TA 1.001 (1), (2), (3), (4), (5), (6), (7), (8) and (9) are created to provide definitions of certain terms used in this chapter. The definition of “business hours" conforms to the commission's current business hours. The definition of “party" is added to clarify that an intervenor or amicus curiae may participate in a matter under review only to the extent granted by order of the commission. The definition of “working day" is found in Wis. Stat. §
227.01 (14). Legal holidays are designated in Wis. Stat. §
230.35(4) (a). The definition of “small claims" is found in Wis. Stat. §
73.01 (1) (b).
Section 2: TA 1.01 (1), (2) and (3) are amended to show a preference for documents to be printed by a computer printer, to replace the term “petitioner" with the more inclusive term of “party" and to remove the requirement of filing additional copies of papers in a consolidated proceeding.
Section 3: TA 1.01 (4) and (5) are created to make the prescribed form of pleading mandatory. Sub. (4) is added to clarify that this rule does not apply to exhibits. Sub. (5) provides a method for the commission to enforce TA 1.01.
