Revenue
Subject:
SS. Tax 14.01, 14.02, 14.03, 14.04, 14.05 and 14.06 - Relating to: homestead credit administrative provisions; qualification for credit; household income and income; property taxes accrued; gross rent and rent constituting property taxes accrued; and marriage, separation or divorce during a claim year.
Description of policy issues:
Description of the objective of the rule:
The objectives of the proposed rule are to:
• Conform style, format, language and punctuation to Legislative Council Rules Clearinghouse standards.
• Update language, terminology.
• Update procedures relating to filing claims, adjusting claims, charging interest, preparing rent certificates and verifying rent when a rent certificate cannot be obtained.
• Reflect proper filing deadlines.
• Remove obsolete procedures, language and notes.
• Move nonsubstantive material from the text of a rule to a note and move substantive material in an example to the text of a rule.
• Clarify various provisions relating to deceased persons, items includable in or excludable from income, ownership of a homestead by a spouse, allowable property taxes for a co-owned homestead, property tax payment for a homestead the claimant does not own, joint occupancy of a rental unit, medical assistance recipients, separate payments to a landlord and indirect rent payments.
• Pursuant to law changes, update provisions relating to gain from the sale of a personal residence, scholarship income, county relief, Wisconsin works payments and the 1/12th reduction of property taxes or rent when public assistance is received.
• Add additional items of includable income and exclusions from income, to reflect current Department policy.
• Replace quoted statutory language with references to the statutes or explanatory language.
• Include additional statutory references relating to rent paid for tax-exempt housing and food or services provided by a landlord.
Policy analysis:
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy or procedures, they will be incomplete, and they will not conform to Legislative Council Rules Clearinghouse standards.
Statutory authority:
Section 71.80 (1) (c), Stats.
Estimate of staff time required:
The Department estimates it will take approximately 200 hours to develop this rule order.
Transportation
Subject:
Ch. Trans 276 - Relating to establishing a network of highways on which long combination vehicles may operate, by adding three highway segments to the network.
Description of policy issues:
Description of the 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 three highway segments to the network. The actual segments being proposed are State Trunk Highway 89 from STH 26 in Fort Atkinson to IH-94 in Lake Mills, USH 18 from USH 12 in Cambridge to STH 89 west of Jefferson and STH 59 from STH 26 in Milton to USH 12 in Whitewater.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
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 deal with 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 Mike Kowalski Trucking, Inc., of Whitewater to add three highway segments.
Statutory authority for the rule:
Section 348.07 (4), Stats.
Estimates of the amount of time that state employes will spend developing the rule and of other resources necessary to develop the rule:
It is estimated that state employes will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Veterans Affairs
Subject:
Ch. VA 4 - Relating to the veteran's housing loan program.
Description of policy issues:
Description of the objective of the rule:
The Department of Veterans Affairs has the statutory authority to exercise powers as may be necessary for the efficient administration of the veteran's housing loan program under subchapter II of Chapter 45 of the statutes. The proposed rules will enable the Department to operate the program more efficiently, minimize the differences between the program and conventional loan programs, and increase the number of creditworthy veterans to whom loans can be made.
Policy analysis:
It is essential that the Department modernize the veteran's housing loan program. This can be done by modifying underwriting criteria to conform to Freddie Mac and Fannie Mae processes, thereby enabling the veteran and Department to utilize electronic underwriting programs. Additionally, current requirements which have minimal impact upon the creditworthiness of an applicant, such as requiring redundant documentation of income, should be eliminated. In general, the Department will attempt to eliminate or minimize those requirements that have no impact upon creditworthiness but serve as impediments in the processing of loan applications.
Statutory authority for the rule:
Sections 45.35 (3) and 45.73 (1), Stats.
Estimates of the amount of time and other resources necessary to develop the rule:
Approximately 40 staff hours.
Workforce Development
Subject:
S. DWD 140.16 - Relating to admissibility of evidence; administrative notice.
Description of policy issues:
Description of the objective of the rule:
In order to comply with labor standard conditions as required by the federal government to determine an unemployment insurance claimant's eligibility for unemployment benefits, it is necessary to determine if the claimant is available for work and able to work, and it is necessary to compare conditions of similar work. The objective of the rule is to allow in the hearing record the admittance of a computer-generated report on labor market conditions provided by Wisconsin's Condition of Employment Database to meet this requirement, in the place of the testimony of a labor market analyst or a certified expert report completed by a labor market analyst. Currently, there is no statutory basis to allow the admittance of the report into the record.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently, s. DWD 140.16 allows for administrative notice of Department records and “generally recognized fact or established technical or scientific fact having reasonable probative value”. Section 108.09 (4m), Stats., permits the Department to prescribe “verified or certified reports” by qualified experts by a party or the Department as prima facie evidence as to the matter contained in the report in proceedings under the section which addresses hearings and appeals of unemployment benefit claims. The information contained in the database is currently obtained through direct testimony of labor market analysts or through written responses to questionnaires submitted by the Department.
Statutory authority for the rule:
Sections 227.11 (2), 103.005 (1) and 103.05 (3), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
It is expected that 120 hours or less will be spent on the development of the rule.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule Submittal Date
On June 28, 1999, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
SS. 15.08 (5) (b) and 227.11 (2), Stats.
The proposed rule-making order relates to the repeal of the Professional Geologist Section and all references to professional geology.
Agency Procedure for Promulgation
A public hearing is required and is scheduled for August 4, 1999 at Madison.
Contact Information
Pamela Haack
Administrative Rules Coordinator
Telephone (608) 266-0495
Employment Relations Commission
