the 5-year average market corn price per bushel from 1996 to 2000, and
the 5-year average cost of corn production per bushel from 1996 to 2000.
The rule also specifies that the 2004 use values will be based on a capitalization rate that is the sum of the following:
the 5-year average interest rate for a medium sized, 1-year adjustable rate mortgage for farm loans for the period from 1998 to 2002, and
the net property tax rate for each municipality for 2001 taxes, payable 2002.
Section 1: Tax 18.07 (1) (b) 4. and 5. and (1) (c) 6. are created to read as follows:
18.07 (1) (b) 4. To avoid negative use values in 2004, the 2004 average gross income per acre for each category of agricultural land shall be calculated as described in subd. 2, except that each category's 5-year average yield per acre shall be based on yield data from 1996 to 2000, and the 5-year average market price per unit of output shall be based on market price data from 1996 to 2000.
5. To avoid negative use values in 2004, the 2004 average total cost of production per acre for each category of agricultural land shall be calculated as described in subd. 3, except that the 5-year average cost of production per acre shall be based on cost data from 1996 to 2000.
18.07 (1) (c) 6. To avoid negative use values in 2004, the 2004 capitalization rate for each municipality shall be calculated as described in subd. 5, except the statewide moving average rate, as described in subd. 4, shall be based on data from 1998 to 2002, and the net tax rate for each municipality shall be based on 2001 taxes, payable 2002.
Initial Regulatory Flexibility Analysis
The proposed rule will have no adverse impact on small businesses.
Fiscal Estimate
Under the current rule, the 2004 use value of agricultural land would be based on the 5-year average corn price, cost and yield for the 1997-2001 period, and the capitalization rate is based on the 5-year average interest rate for the 1999-2003 period.
Using the data for these periods, it is estimated that agricultural land would be valued at -$1.95 billion. It is unclear how property with negative values would be taxed. If it is assumed that a negative assessment equates to an exemption of the property, the current formula will result in an estimated property tax shift of $34 million in 2004 from owners of agricultural land to owners of other taxable property [$1.96 billion 2003 agricultural land value x .0175 estimated 2004/05 town tax rate per $1,000 of value].
Under the proposed permanent rule, the 2004 use values are to be based on the same data used to calculate the 2003 use values. As a result, 2004 statewide agricultural land values will approximately equal the 2003 value of $1.96 billion.
Under the proposed rule, local assessors will apply 2003 unit values to calculate 2004 values; as a result, there will be a savings in local assessment costs, since most parcel records will not require updating.
Under the proposed rule, there will be no loss of state forestry tax revenue. To the extent that the current rule would result in an exemption of agricultural land and therefore a loss of state forestry tax revenue, the proposed rule would result in an increase in $392,000 in state forestry tax revenues ($1.96 billion x .0002) relative to current law.
Contact Persons
Rebecca Boldt
Division of Research and Policy
Department of Revenue
2135 Rimrock Road
(608) 266-6785
Scott Shields
Office of Assessment Practices
Division of State and Local Finance
2135 Rimrock Road
(608) 266-2317
Notice of Hearing
Tourism
[CR 03-113]
NOTICE IS HEREBY GIVEN that pursuant to s. 41.17 (4) (g), Stats., the Wisconsin Department of Tourism will hold a hearing at the time and place shown below to consider a proposed order to create s. Tour 1.03 (3w) relating to the joint effort marketing program.
Hearing Information
The hearing will be held at the Department of Tourism, Meeting Room 2B, 201 West Washington Avenue, Madison, Wisconsin, on Monday December 15, 2003 at 10:00 a.m.
Written Comments
Written comments on the proposed rules may be sent to the contact person by Monday December 29, 2003. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Department of Tourism
Section 41.17, Stats., creates a joint effort marketing program and s. 41.17 (4) (g), Stats., authorizes the Department to adopt rules required to administer the program. The Joint Effort Marketing program provides for grants to non-profit organizations engaged in tourism activities that are directed at increasing tourism spending in a local area. Grant funds may be used for the development of publicity, the production and media placement of advertising and direct mailings that are part of a project and overall advertising plan of the applicant organization intended to increase tourism in Wisconsin.
Funding may be used for advertising of an event, for advertising of a sales promotion and for destination marketing advertising that is not tied to an event or promotion, but which is directed at extending the tourism market for the applicant and which has been identified by the Department as a market for the state.
The proposal would allow the secretary of the department to waive the requirement that a project be directed at a local area for a project that will make a substantial impact upon the state's tourism economy.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY GIVEN that pursuant to 227.14 Stats., the proposed rule will have minimal impact on small businesses. The initial regulatory flexibility analysis as required by 227.17 (3)(f), Stats., is as follows:
(1) Type of small business affected by the rule: None
(2) The proposed reporting, bookkeeping and other procedures required for compliance with the rule: None
(3) The types of professional skills necessary for compliance with the rule: None.
Fiscal Estimate
The proposed rule has no fiscal effect.
Contact Person
For additional information about or copies of the proposed rules contact:
Abbie Hill, Joint Effort Marketing Program Coordinator
Telephone: 608/266-6747
Wisconsin Department of Tourism
P.O. Box 7976
Madison, WI 53707-7976
Email: ahill@tourism .state.wi.us
Notice of Hearing
Transportation
[CR 03-114]
NOTICE IS HEREBY GIVEN that pursuant to s. 348.25 (8) (e), Stats., and interpreting s. 348.25 (8) (e), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 15th day of December, 2003, at 1:00 PM, to consider the amendment of ch. Trans 250, Wisconsin Administrative Code, relating to oversize and overweight permits for vehicles and loads.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Susan Kavulich, Division of Motor Vehicles, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, Wisconsin 53707-7981, telephone (608) 261-6305.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s. 348.25 (8) (e), Stats.
Statutes Interpreted: s. 348.25 (8) (e), Stats.
General Summary of Proposed Rule. This rule making will amend ch. Trans 250 to effectuate s. 2604 of 2003 Wis. Act 33 that allows DOT to establish by administrative rule the additional fee to be charged for using the Department telephone call-in procedure or the Internet procedure to apply for oversize or overweight permits.
Fiscal Effect
The Department estimates that there will be no direct fiscal impact from this rule making upon the state and anticipates no effect on the fiscal liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education school district or sewerage district.
The proposed rule implements s. 348.25 (8) (e), Stats., as amended by 2003 Wis. Act 33. The rule has no fiscal effect independent of the statute. The statute requires that the fee established by the Department by rule shall approximate the cost to the Department for providing the telephone call-in or Internet service to persons so requesting. Therefore, revenue which the Department receives under this rule will approximately equal the Department's costs, resulting in no fiscal impact.
Initial Regulatory Flexibility Analysis
The Department anticipates that this rule making will have no direct adverse effect on small businesses. This rule making establishes no additional compliance, bookkeeping, or reporting requirements for small businesses which choose to apply for oversize/overweight permits through the telephone call-in or Internet service procedure.
Copies of Rule
Copies of the rule may be obtained upon request, without cost, by writing to Susan Kavulich, Division of Motor Vehicles, Motor Carrier Services Section, P. O. Box 7981, Room 151, Madison, WI 53707-7981, or by calling (608) 261-6305. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
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