Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Department of Employment Relations
Notice is hereby given that pursuant to s. 230.04(5), Stats., and interpreting s. 230.04(1), Stats., the Department of Employment Relations will hold a public hearing at the time and place shown below to consider the creation of permanent rules relating to the rate of pay as a result of voluntary demotions by employes who are notified they may be subject to layoff. The hearing will also include emergency rules promulgated on the same subject. The emergency rules became effective March 18, 1996 upon publication in the Milwaukee Journal Sentinel. The texts of the emergency rules and the proposed permanent rules are identical.
Hearing Information
May 3, 1996 Monona Room (Lower Level)
Friday Dept. of Employment Relations
9:00 a.m. to 10:00 a.m. 137 East Wilson Street
Madison, WI 53702
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by Monday, May 6, 1996. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Department of Employment Relations
The Department's authority to promulgate these rules is found in s. 230.04 (5), Stats. The rules implement the powers and duties of the Secretary under s. 230.04 (1), Stats.
Employes who have permanent status in the state classified service may voluntarily demote to a position in a lower pay range. Under current Department rules, if an employe voluntarily demotes, the employe's rate of pay may be set at any point within the new pay range which is not greater than the last rate received (s. ER 29.03 (8)(b)). The employe's pay is subject to the maximum of the new pay range.
State classified employes may also voluntarily demote in lieu of layoff. If an employe voluntarily demotes as a result of layoff to the highest available vacancy for which the employe is qualified within the agency, the employe must be maintained at his/her current rate of pay, even if the pay rate exceeds the maximum of the new class (s. ER 29.03 (8)(c)).
Under current rules, however, there are no specific provisions governing employes who voluntarily demote after being notified that layoffs may occur in the agency and their position is “at risk” of being affected by the layoffs. The pay of employes who voluntarily demote under these circumstances is subject to the maximum of the new pay range under s. ER 29.03 (8)(b).
The emergency rule and proposed permanent rule both allow an employe who is “at risk” of layoff to voluntarily demote and retain his/her current pay rate under certain circumstances -- even if the current pay rate exceeds the maximum of the new pay range. Specifically, the change applies to an employe who has been notified in writing by the appointing authority that layoffs may occur in the agency and the employe's position may be affected by the impending layoffs. If such an employe voluntarily demotes, he/she may be allowed to retain his/her present rate of pay if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employe is demoting. If the present rate of pay is above the maximum for the new class, it may be red circled, subject to s. ER 29.025.
Text of Rule
SECTION 1. ER 29.03(8) (bm) is created to read:
29.03(8) (bm) An employe who voluntarily demotes within the agency after the employe has been notified in writing by the appointing authority that layoffs may occur in the agency and the employe's position may be affected by the impending layoffs, may be allowed to retain his or her present rate of pay if the demotion is to a position no more than three pay ranges or counterpart pay ranges lower than the pay range of the position from which the employe is demoting. If the present rate of pay is above the maximum for the new class, it may be red circled, subject to s. ER 29.025.
Fiscal Estimate
The fiscal effect on the State is indeterminable because it is impossible to identify how many employes will be affected by the change and how many employes would end up going through the formal layoff process.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Contact Person
Please contact the person listed below with questions about the hearing or the rules, or to obtain a copy of the emergency rule (including the Finding of Emergency), the proposed permanent rule or the fiscal estimate.
Bob Van Hoesen
Department of Employment Relations
137 East Wilson Street
Madison, WI 53702
608-267-1003
Industry, Labor & Human Relations
(Plumbing, Chs. ILHR 81-87)
Notice is given that pursuant to s. 145.02 (2), Stats., the Department of Industry, Labor and Human relations proposes to hold a public hearing to consider the revision of chs. ILHR 82 and 84, Wis. Adm. Code, relating to plumbing plans and adopted standards.
Hearing Information
May 3, 1996 Madison
Friday Room 103, GEF-1
10:00 a.m. 201 E. Washington Avenue
A copy of the rules to be considered may be obtained from the State Department of Industry, Labor and Human Relations, Division of Safety and Buildings, 201 E. Washington Avenue, P.O. Box 7969, Madison, WI 53707, by calling (608) 266-9375 or at the appoint time and place the hearing is held.
Interested persons are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, may be submitted no later than May 10, 1996, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Ronald Acker at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.
The hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-9375 or Telecommunication Device for the Deaf (TDD) at (608) 264-8777 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 on request by a person with a disability.
Analysis of Proposed Rules
Statutory Authority: s. 145.02 (2)
Statute Interpreted: s. 145.02 (3) (intro.) and (g)
The Department of Industry, Labor and Human Relations is responsible for adopting and enforcing administrative rules relative to the design, construction, installation and inspection of plumbing. Under the rules of ch. ILHR 82, plans and specifications for specified types of plumbing installations in public buildings are required to be submitted for review to the department or to an agent municipality.
The current rules require plans and specifications to be submitted for review for plumbing installations in public building involving 6 or more plumbing fixtures. The proposed rules change the plan submittal threshold from 6 or more to 11 or more plumbing fixtures.
The rules of ch. ILHR 82 also cover the installation of cross connection control devices. The proposed rules contain revisions to the installation requirements for cross connection control devices that require annual testing.
The proposed rules also include updating of all the of the adopted standards in the Plumbing Code. Because of this standards update, several rule changes are included in order to maintain consistent terminology for the various plumbing products.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any business that will be installing 10 or less plumbing fixtures in a public building.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules require no reporting, bookkeeping or other procedures beyond those required by current rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the rules.
Fiscal Estimate
The proposed rules will result in a small decrease in the number of plumbing plans submitted to the department. The department estimates that this decrease will result in a 10 percent reduction in revenue generated from the plan submittals. However, the department has been experiencing an 8 to 12 percent increase per year in revenue generated from plumbing plan submittals. Therefore, no significant fiscal impact is anticipated as a result of the proposed rules.
Revenue
Notice is hereby given that pursuant to ss. 70.32(2)(c)1 and 227.11(2)(a), Stats., and interpreting ss. 70.32(2) and 70.32(2r)(a), Stats., the State of Wisconsin Department of Revenue will hold a public hearing, at the
General Executive Facility 3, Room 207, 125 South Webster Street, in the City of Madison, Wisconsin, on the 26th day of April, 1996, commencing at 1:30 p.m. to consider the proposed rule relating to the assessment of agricultural land in 1996 and 1997.
Analysis by the Wisconsin Department of Revenue
Statutory Authority: ss. 70.32(2)(c)1 and 227.11(2)(a)
Statutes Interpreted: s. 70.32(2) and (2r)(a)
Chapter Tax 18 is repealed and recreated to guide assessors in classifying and valuing agricultural property for the assessments on January 1, 1996 and January 1, 1997.
Under prior law, agricultural land was assessed for property tax purposes at the market value of its highest and best use. 1995 Wis. Act 27 changes the way agricultural land is assessed for property taxes, and requires the Department of Revenue to promulgate rules and define terms necessary to implement the new assessment procedure.
This rule provides the following definitions:
(1) “Land devoted primarily to agricultural use” means land classified agricultural in 1995 that is not in a use that is incompatible with agricultural use on the assessment date. Swamp or waste or productive forest land located in villages and cities is not devoted primarily to agricultural use, and agricultural buildings and improvements and the land necessary for their location and convenience are not devoted primarily to agricultural use.
Under prior law, swamp or waste or productive forest land located in villages and cities was classified agricultural because villages and cities were not permitted to classify land swamp or waste or productive forest land. Since 1995 Act 27 requires villages and cities to use the swamp or waste and productive forest land classifications, all such land located in villages or cities is to be reclassified swamp or waste or productive forest, according to the Wisconsin Property Assessment Manual.
(2) “Other” means agricultural buildings and improvements and the land necessary for their location and convenience.
(3) “Parcel of agricultural land” means land devoted primarily to agricultural use within a single legal description.
The definition of “parcel of agricultural land” used here implements the intent of the legislature in only freezing the assessment of agricultural land. If a “parcel of agricultural land” were defined as the complete legal description of a tract which was predominantly agricultural, the assessment of non-agricultural land within the legal description would be frozen.
Similarly, the assessment of agricultural land within a legal description which was not predominantly agricultural would not be frozen.
Under 1995 Act 27, the assessment of each parcel of agricultural land on January 1, 1996 and on January 1, 1997 is frozen at the amount of its assessment on January 1, 1995. “Other”, which consists solely of agricultural buildings and improvements and the land necessary for their location and convenience, is assessed according to s. 70.32(1), Stats., on January 1, 1996 and January 1, 1997.
Initial Regulatory Flexibility Analysis
The rule is not expected to directly affect small business and, therefore, under s. 227.114(8)(b), a regulatory flexibility analysis is not required.
Fiscal Estimate
Under prior law, agricultural land was assessed at full market value. Under current law, parcels of agricultural land are assessed on both January 1, 1996 and on January 1, 1997 at their January 1, 1995 level of assessment.
