Rule-Making Notices (Hearing Notices)

Rule-Making Notices

Notice of Hearing

Administration

[CR 07-106]

NOTICE IS HEREBY GIVEN that pursuant to ss. 16.004 (1) and 227.11 (2) (a), Stats., interpreting s. 16.967 (3) and (7), Stats., the Department of Administration will hold a public hearing on a proposed rule order to create Chapter Adm 49 relating to the administration of the Plat Review Program.

Date:   December 13, 2007

Time:   3:30 P.M.

Location:   Wis. Dept. of Administration Bldg.

  101 East Wilson Street

  Yahara Conference Rm. 122

  Madison, WI 53702

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by December 11, 2007, to be included in the record of rule-making proceedings.

Analysis Prepared by the Department of Administration

Statutory authority

Sections 16.004 (1) and 236.12 (7), Stats.

Statutes interpreted

Sections 70.27 and 236.12, Stats.

Explanation of agency authority

The department shall review preliminary, final or assessor's plats under s. 70.27 or ch. 236, Stats., upon payment of the fees specified in this chapter.

Related statute or rule

Ch. Tax 53, Wis. Adm. Code.

Summary of proposed rule

The Department intends to create a rule as required by s. 236.12 (7), Stats., to establish uniform procedures and fees for the plat review program administered by the Department of Administration. The proposed rule is similar to the existing Chapter Tax 53 which was created when the Plat Review Program was administered by the Department of Revenue. The Plat Review Program was transferred from the Department of Revenue to the Department of Administration in 1997.

Comparison with federal regulations

This proposed rule is specific to the State of Wisconsin laws and is completely separate from, and unaffected by, federal regulations.

Comparison with adjacent states

Michigan: The state level review of subdivision plats is performed by the Department of Labor and Economic Growth on a fee for service basis before the subdivision is recorded with the Register of Deeds.

Minnesota: Minnesota requires subdivisions to be review by the Minnesota Department of Health and by the County Surveyor's Office on a fee for service basis before the subdivision is recorded.

Illinois: It appears that each unit of government enacts subdivision regulations reviewed on a fee for service basis.

Iowa: It appears that each unit of government enacts subdivision regulations reviewed on a fee for service basis.

Summary of factual data and analytical methodologies

The Plat Review Program has been 100% program revenue supported since 1980. All reviews are conducted on a fee for service basis as provided by s. 236.12 (7), Wis. Stats.

Analysis and supporting documents used to determine effect on small business

The proposed rule prescribes uniform procedures and fees making the cost of review consistent and predictable.

Agency Contact Person

Donna Sorenson

Department of Administration

101 E. Wilson Street

P.O. Box 7864

Madison, WI 53707-7864

608-266-2887

[e-mail]

Submission of Written Comments

Comments may be submitted to the agency contact person that is listed above and via the Wis. Admin. Rules Website at http://adminrules.wisconsin.gov, by December 13, 2007.

Initial Regulatory Flexibility Analysis

Developers and surveyors who divide land will be affected by this rule because they pay for the services the program provides

State Fiscal Effect

This rule will increase plat review revenues by approximately $240,000 per year, beginning in May 2008. The increase is needed to sufficiently cover program costs.

The Plat Review program is funded from fees charged to subdividers or agents seeking an advisory opinion relative to conditions affecting a proposed plat for the review of preliminary, final or assessors' plats under s. 70.27 or chapter 236 Statutes. The fees have not been adjusted since 1997.

The program's permanent staffing level remains at the 1997 level of 5.50 FTE. When workload required more staff, limited term employees have been hired. Fee increases are needed to maintain the current level of staffing required to ensure services are provided in a timely manner.

Local Fiscal Effect

There is no fiscal effect on local units of government.

Text of Rule

SECTION 1. Chapter Adm 49 is created to read:

Adm 49.01 Applicability. The department shall review preliminary, final or assessor's plats under s. 70.27 or ch. 236, Stats., upon payment of the fees specified in this chapter.

Adm 49.02 Definitions. In this chapter:

(1) “Department" means the Wisconsin department of administration.

(2) “Parcel" means a lot, outlot or public dedication. `Public dedication' includes parks, greenways and other similar dedications but does not include streets or easements.

(3) “Plat" means the total assemblage of sheets comprising a preliminary or final subdivision or assessor's plat.

(4) “Sheet" includes each page of a preliminary or final plat.

Adm 49.03 Review fee. (1) The following fee schedule applies to the submission of plats to the department, either as copies under s. 236.12 (2), Stats., or as original drawings under s. 236.12 (6), Stats.

(a) Initial filing fee for preliminary, final or assessor's plats …… $125.00.

(b) Preliminary plat (each submission) …$100.00 per plat

(c) Final plat or assessor's plat (each submission) …… $40.00 per parcel, or $160.00 per plat, whichever is greater.

(2) The following additional fees, to cover reproduction and postage costs, apply to the submission to the department of an original drawing of a preliminary or final plat under s. 236.12 (6), Stats.

(a) Preliminary plat (each submission) ……$40.00 per sheet.

(b) Final plat or assessor's plat (each submission) ……$40.00 per sheet.

(3) The following additional fees, to cover copy and postage costs, apply to the submission to the department of copies of a preliminary or final plat under s. 236.12 (2), Stats.

(a) Final (each submission) ……. $40.00 per sheet.

(b) Preliminary (each submission) ……. $40.00 per sheet.

(4) The fee for review of a certified survey map, if a waiver is requested under s. 236.20 (2) (L), Stats., is $100.00.

(5) If a subdivider or agent seeks an advisory opinion relative to conditions affecting a proposed plat which requires staff research and written response in the form of a presubmission consultation, the fee is $50.00, $25.00 of which the department shall credit toward the review fee when the plat is submitted.

Adm 49.06 Procedure for fee submission. (1) The subdivider or the subdivider's agent shall provide required fees in the form of a check or money order and may use a credit card or electronic payment with each plat submittal.

(2) The department may not accept any plat submitted to it until it receives all fees required for processing of that plat from the subdivider or agent. None of the time periods specified by ch. 236, or s. 70.27(8), Stats., for plat review shall commence until the department receives the required fees.

(3) The department may, when warranted by unusual circumstances, waive part or all of the fees required under Adm 43.03. The subdivider or the subdivider's agent shall obtain any such waiver in writing from the department prior to plat submittal.

Notice of Hearing

Commerce

(Amusement Rides, Ch. Comm 34)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.17 and 227.24 (4), Stats., the Department of Commerce will hold a public hearing on emergency rules under chapter Comm 34 relating to liability insurance for amusement rides.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
December 12, 2007	Conference Room 3C
9:30 a.m.	Thompson Commerce Center
	201 West Washington Avenue
	Madison

Interested persons are invited to appear at the hearing and present comments on the emergency 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 the emergency rules will remain open until December 21, 2007, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (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 a request from a person with a disability.

Copy of Rules and Analysis

The emergency rules and an analysis of the rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Small Business Regulatory Coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].