Creates the process to determine and claim tax benefits and notify the Department of Revenue.
Environmental Analysis
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 effect on the quality of the human environment. The Department considers this action to have no potential for significant adverse impact.
The Department acknowledges that some projects receiving tax benefits under this chapter may result in new construction or expansion of existing structures or facilities These actions may involve new development or rehabilitation and an application for zoning and/or a conditional use permit may be required at the local level. The department acknowledges that these actions are under local jurisdiction and generally include provisions for the compliance with local, state or federal environmental review.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The subject of the rules is to provide tax benefits for new and expanding high-technology businesses in 8 technology zones in the state. The expectation is that the creation of these zones will not only attract, promote and expand high-technology business in the area, create new jobs and investment, but also provide economic stimulus to other businesses in the area and throughout the state.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
High-technology businesses certified in a technology zone shall on an annual basis report to the department and may file tax claim verification with the Department of Revenue.
3. Types of professional skills necessary for compliance with the rules.
No professional skills are expected to be required by high-technology business applicants.
Fiscal Estimate
Section 560.96, Stats., as passed in the 2001/03 biennial budget, establishes the Wisconsin Technology Zone Program. Commerce is provided the authority to develop rules concerning the designation of technology zones and the certification of businesses within those zones. Chapter Comm 107 thus relates mainly to establishing that process and defining key terms.
1. State Fiscal Effect
By instituting a rigorous application process, the proposed rule will increase the workload for the Department of Commerce by requiring staff to review applications and make preliminary determinations as to designation of technology zones. Commerce can absorb this new work by using existing staff.
2. Local Fiscal Effect
Under the proposed rules, towns, villages, cities, tribes, and counties, either separately or in concert, may submit technology zone applications. These applications are expected to be lengthy documents requiring a significant investment of time. Costs arising from the rules are, however, permissive since communities are not required to apply for participation in the program.
Copies of Rule and Contact Person
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 Monday, January 28, 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.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.
Paper copies may be obtained without cost from Jean M. MacCubbin, Department of Commerce, Administrative Services Division, P.O. Box 2689, Madison, WI 53701-2689, Email: jmaccubbin@commerce.state.wi.us, Phone (608) 266-0955 or (608) 264-8777 (TTY). Copies will also be available at the public hearings and on the Commerce webpage at:
http://www.commerce.state.wi.us/COM/Com-Community.html
Notice of Hearing
Employment Relations
[CR 01-140]
NOTICE IS HEREBY GIVEN that pursuant to ss. 230.05 (5), Stats., and interpreting s. 230.05 (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 career executive employment and various technical changes to bring the rules into consistency with the statutes and compensation plan.
Date, Time and Location:
January 22, 2002
1:00 p.m. to 2:00 p.m.
3rd Floor Training Room
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
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 January 27, 2002. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is printed below.
Analysis Prepared by the Department of Employment Relations
On June 9, 1999, the Joint Committee on Employment Relations (JCOER) approved the consolidation of certain positions assigned to former pay range 17 and all positions in former pay ranges 18 and 19 into compensation broadband 81-02 for non-represented positions in these ranges. Before this consolidation many non-represented pay range 18 positions were granted career executive status along with positions in the compensation broadband 81-01. Positions in pay range 17 were not eligible to be included in the career executive program under the provisions of the Wisconsin Administrative Code. Prior to March 12, 2000, there were approximate 900 positions in the career executive program. These positions performed general management duties. With the consolidation of broadband 81-02, the number of career executive positions expanded to 1500 including management positions responsible for highly technical programs and positions requiring various professional certifications or expertise.
These rule changes update the pay range references consistent with the compensation plan approved by JCOER. The changes eliminate references to compensation provisions that no longer apply. ER 30.085 is amended to make career executive temporary assignments regulations consistent with those for interchange of non career executive employees.
1. Section 230.04 (5), Stats, grants the Secretary of Employment Relations authority to promulgate rules on all matters relating to the administration of the department and the performance of the duties assigned to the secretary.
2. Section 230.24, Stats., grants the Secretary of Employment Relations authority to develop a career executive program.
Text of Proposed Rule
Chapter ER 29, COMPENSATION ADMINISTRATION PROVISIONS
Section 1. ER 29.04 (10) is amended to read:
ER 29.04 (10) Career executive reassignment or voluntary movement to a class assignment assigned to the same pay range.
Chapter ER 30, CAREER EXECUTIVE EMPLOYMENT
Section 1. ER 30.01 is created to read:
ER 30.01 Included classifications. Designation of a classification as a career executive classification by the secretary is authorized under s. 230.24 (1), Stats. All permanent positions in classifications assigned to pay range 81-01 or 81-02 shall be designated as career executive positions and shall be governed by the provisions of the career executive program.
Section 2. ER 30.02 is repealed and recreated to read:
ER 30.02 Included positions. The secretary may include a permanent position in any classification, other than one designated as a career executive classification, in the career executive program after consulting with the appointing authority for the position, and after an analysis to determine if the position satisfies all of the following career executive program requirements:
1. The position meets the definition of management under s. 111.81 (13), Stats.
2. The position is predominately administrative in nature.
3. The position is assigned to a classification that is assigned to a nonrepresented pay range that the secretary has determined to be comparable to pay ranges 81-01 or 81-02.
Section 3. ER 30.03 is created to read:
ER 30.03 Eligible employees. Career executive status is limited to permanent classified appointments.
Section 4. ER 30.065 is repealed.
Section 5. ER 30.085 is amended to read:
ER 30.085 Career executive temporary assignment. A career executive employee may be assigned to a position for employee development purposes or to complete a special project for a duration not to exceed 2 4 years. The employee's classification and pay status shall not be affected. An intra-agency temporary assignment requires the written agreement of the employe and the appointing authority. An inter-agency temporary assignment requires the written agreement of the employe, and the appointing authorities of both the sending and receiving agencies. The appointing authority in an intra-agency temporary assignment or the appointing authority of the receiving agency in an inter-agency temporary assignment shall send a copy of the written agreement to the secretary prior to the effective date of the assignment.
If the employee is expected to return to the sending agency upon completion of the temporary assignment, the employee and the appointing authority of the sending agency shall develop a formal leave agreement under s. ER 18.14 (2) (a).
Section 6. ER 30.09 is repealed and recreated to read:
ER 30.09 Pay adjustments resulting from career executive reassignment or voluntary movement. Upon reassignment as defined under s. ER-MRS 30.07 (1) or voluntary movement to a position allocated to a classification assigned to the same, to a higher, or to a lower pay range, the career executive employee's pay shall be determined in accordance with the provisions of the compensation plan.
Fiscal Estimate
Flexible certification for career executive vacancies will simplify and speed the hiring process for vacant positions and so save time for state agencies. Revised layoff rules for career executives will result in retaining for the state service its most effective and efficient personnel. Allowing permissible transfers of career executives between agencies will speed staffing vacant positions as well as increase opportunities for career executive incumbents. Increasing the trial or probationary period from three months to six months on a career executive move between agencies will give hiring officials the extra time needed to evaluate the performance of employees in these critically important jobs. Eliminating the career executive opt in/out provision upon placement of a position in the career executive program will eliminate wasted administrative effort which currently adds no value. These changes will have no direct fiscal effect other than administrative efficiency.
Contact Person
Elizabeth Reinwald
Department of Employment Relations
345 West Washington Avenue
Madison, WI 53703
608-266-5316
Notice of Hearing
Employment Relations
(Merit Recruitment and Selection)
[CR 01-141]
NOTICE IS HEREBY GIVEN that pursuant to ss. 230.05 (5), Stats., and interpreting s. 230.05 (1), Stats., the Division of Merit Recruitment and Selection in 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 certification for employment consideration, probationary periods, transfers of career executive employees and various technical changes to bring the rules into consistency with the statutes and compensation plan.
Date:   January 22, 2002
Time:   1:00 P.M. to 2:00 P.M.
Location:   3rd Floor Training Room
  Department of Employment Relations
  345 West Washington Avenue
  Madison, WI 53703
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 January 27, 2002. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is printed below.
Analysis Prepared by the Department of Employment Relations
On June 9, 1999, the Joint Committee on Employment Relations (JCOER) approved the consolidation of certain positions assigned to former pay range 17 and all positions in former pay range 18 and 19 into compensation broadband 81-02 for non-represented positions in these ranges. Before this consolidation many non-represented pay range 18 positions were granted career executive status along with positions in the compensation broadband 81-01. Positions in pay range 17 were not eligible to be included in the career executive program under the provisions of the Wisconsin Administrative Code. Prior to March 12, 2000, there were approximately 900 positions in the career executive program. These positions performed general management duties. With the consolidation of broadband 81-02, the number of career executive positions expanded to 1500 including management positions responsible for highly technical programs and positions requiring various professional certifications or expertise.
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