Feed for /code/register/2004/583b/rulemaking_notices
Gathering Waters Room
DNR South Central Region Hdqrs.,
3911 Fish Hatchery Road
Fitchburg
Wednesday, August 18, 2004 at 1:30 p.m.
Schmeekle Room
UW-Stevens Point
2419 N. Point Drive
Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dennis Mack at (608) 267-9386 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The overall costs to counties and private companies that own, operate and develop landfills will be reduced. Allowing longer leachate lines (up to 2000 feet) will result in the following:
- Lower development cost per cubic yard of landfill volume and potentially lower disposal costs to landfill users,
- Reduced need to buy addition land to develop a new landfills (better existing landuse),
- Allow for better infra-structure use (associated roads, gas recovery, structures, etc.),
- Reduced impacts to sewerage system because leachate can be recirculated to help stabilize the landfill rather than being shipped to a publicly owned wastewater treatment facility for treatment, and
- Potentially negative impacts on recycling interests.
Fiscal impacts to the Waste Management Program (DNR) during this biennium (FY 05) will consist of the following:
- Develop guidance on the code revisions for staff, consultants and landfill staff (400 hours),
- No net increased of staff review and approval costs (complexity that is offset by program streamlining efforts of the new of modified landfills.
The estimated costs are $18,000 in FY 05 and are a one time costs.
The following assumptions were made in this determination:
- Hourly staff cost is $40 per hour (salary plus fringes),
- Developing guidance for staff, designers and owner/operators to use in their review and designs, will significantly reduce the staff and information resources needed to implement the rules in landfill designs.
- While the rule revisions will result in some extra resources being expended, the streamlining rule revisions will reduce the staff and information resources and result in a net resources increase/decrease of zero.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Dennis Mack, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 17, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Mack.
Notice of Proposed Rule
Revenue
Notice is hereby given that, pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 71.01 (8r), 71.42 (3m), 71.63 (1m) and (5m), 71.65 (3) (a), 73.029, 77.58 (1m), 77.61 (14), 77.96 (5m), 78.12 (5), 78.55 (5m), 139.01 (5m), 139.30 (8m) and 139.75 (5m), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on August 1, 2004, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Analysis by the Department of Revenue
Statutory authority: s. 227.11 (2) (a), Stats.
Explanation of agency authority: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule: There is no related statute or rule that specifically addresses a requirement to make payments of certain installment agreements on overdue tax accounts using electronic funds transfer.
Plain language analysis: The Wisconsin statutes provide that the department may require electronic funds transfer only by promulgating rules. This rule is being promulgated so that the department may require electronic funds transfer for payments on overdue tax accounts meeting at least one of the following requirements:
The initial overdue balance is at least $2,000.
The installment agreement is for more than 2 years in length.
The installment agreement was requested by an entity with an active business permit.
The installment agreement is for a person with an out-of-state account.
The payment history of the account dictates that it would be in the department's best interest to require electronic funds transfer.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate regarding this proposed rule order. It was determined that there is not a significant fiscal effect on small business.
Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.
Text of Rule
SECTION 1. Tax 1.12 (4) (a) (intro.) is revised, to reflect the creation of a new subdivision.
SECTION 2. Tax 1.12 (4) (a) 12. is created, to provide that payments of certain installment agreements on overdue tax accounts are required to be made by electronic funds transfer.
SECTION 1. Tax 1.12 (4) (a) (intro.) is amended to read:
Tax 1.12 (4) (a) (intro.). Except as provided in sub. (11), the department requires a person who owes taxes and fees as described in subds. 1. to 11. 12. to pay or deposit the taxes and fees using the EFT payment method. The following taxes and fees are included in the EFT payment requirement:
Note to Revisor: In the note at the end of Tax 1.12 (4) (a) (3), replace "Tax 11.001 (4)" with "Tax 11.001 (2) (d)".
SECTION 2. Tax 1.12 (4) (a) 12. is created to read:
Tax 1.12 (4) (a) 12. Installment agreement payments on overdue tax accounts, if at least one of the following requirements are met:
a. The initial overdue balance is at least $2,000.
b. The installment agreement is for more than 2 years in length.
c. The installment agreement was requested by an entity with an active business permit.
d. The installment agreement is for a person with an out-of-state account.
e. The payment history of the account dictates that it would be in the department's best interest to require EFT.
Note to Revisor: 1) In the example at the end of Tax 1.12 (5), replace the year "1999" with "2003" and the year "2000" with "2004".
2) Replace the note at the end of Tax 1.12(6) with the following:
Note: A request for an EFT registration packet may be made by calling the department's EFT unit at (608) 264-9918, by writing to EFT Unit, Wisconsin Department of Revenue, PO Box 8912, Madison WI 53708-8912, or by submitting an on-line form via the department's web site at www.dor.state.wi.us.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
The rule would require payment by electronic fund transactions of installment agreement payments on overdue tax accounts meeting certain conditions. The change may increase tax collections by reducing the default rate on installment agreements, but any revenue increase is not expected to be significant.
Contact Person
Please contact Dale Kleven at (608) 266-8253 or dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 20th day of August, 2004, at 9:30 a.m., in the Learning Center at the Wisconsin Veterans Home at Union Grove, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statutory authority: s. 45.35 (3), Stats.
Statute interpreted: ss. 45.25 and 45.396, Stats.
The creation of ss. VA 2.02 (8) and 2.04 (3) (g) will determine the circumstances under which an applicant will satisfactorily complete a semester or course. The rule language would impose the requirement that the applicant receives at least a grade of "C" for a graded course or a "pass" or "satisfactory" determination for other courses for which a part-time study grant is sought or a t least a "C" average for the semester for which a tuition and fee reimbursement grant is sought. This requirement is similar to the requirement of the National Guard tuition grant under s. 21.49.
There is no current or pending federal regulations that address reimbursement for educational grants under state veterans' educational programs. There are no similar rules in adjacent states. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule is expected to result in an annual reduction in expenditures of approximately $28,782 in the part-time study grant program and $83,926 in the tuition and fee reimbursement grant program.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
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