Comparison with federal regulations
Comparable franchise application processes and proceedings are set forth in 47CFR76.
Comparison with rules in adjacent states
Illinois has enacted video franchise area legislation but no rules regarding this legislation.
Summary of factual data and analytical methodologies
The department reviewed the legislative findings of 66.0420, Stats., reviewed the video service franchise statutes and rules of other states that have adopted similar legislation, contacted video service franchise regulators in other states, and applied its own experience in regulation of financial industries generally.
Initial Regulatory Flexibility Analysis
The rule does not have a significant economic impact on small business. Mandates and proceedings addressed by the rule are the result of and set forth in
2007 Wisconsin Act 42 and ch.
227, subch. III, and not the rule. The rule largely addresses filing matters or requests information otherwise already prepared for other agencies.
Fiscal Estimate
The rule creates new appropriations, increases existing revenues, and increases costs that may not be possible to absorb within the agency's budget. The rule has an indeterminate effect on local government cost.
Notice of Hearing
Government Accountability Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting Subchapter
I of Chapter 5, Stats., the Government Accountability Board will hold a public hearing to consider adoption of an emergency rule to repeal sections Eth 3.01 and 3.04, and amend section ElBd 10.01, Wis. Adm. Code (Renumbered to ss. GAB 21.01, 21.04 and 20.01, effective 4-1-08). The rules relate to processing complaints with the former State Ethics Board and with the former State Elections Board.
Hearing Information
The hearing will be held:
June 2, 2008 Government Accountability Board
9:30 a.m. 17 West Main Street
Madison, Wisconsin
Submission of Written Comments
Written comments may be submitted to the Government Accountability Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
Agency Contact Person
George A. Dunst, Staff Counsel
Government Accountability Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone: (608) 266-0136
Analysis Prepared by the Government Accountability Board
Statutory authority
Statutes interpreted
Explanation of agency authority
This rule repeals rules sections Eth 3.01 and 3.04, and amends section ElBd 10.01, which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wisconsin Act 1. Those rules prescribe procedures related to processing complaints with the former State Ethics Board and with the former State Elections Board. Under
2007 Wisconsin Act 1, those agencies have merged to become the Government Accountability Board. The complaint procedure under ss. Eth 3.01 and 3.04 no longer applies to complaints filed with the Government Accountability Board under
2007 Wisconsin Act 1 and the complaint procedure under ElBd ch.
10 no longer applies to campaign finance complaints. The previous complaint procedure of the former Ethics Board, and the previous campaign finance complaint procedure of the Elections Board is inconsistent with the new Government Accountability Board complaint procedure, which is now provided by statute rather than administrative rule. Therefore, those rules need to be repealed.
Related statute or rule
Sections
11.60,
13.69, and
19.535, Stats., relating to the enforcement of the campaign finance, lobbying and ethics laws.
Plain language analysis
This rule repeals rules sections Eth 3.01 and 3.04, and amends section ElBd 10.01, (which would have interpreted Subchapter
I of Chapter 5 of the Wisconsin Statutes, as amended by
2007 Wis. Act 1), in anticipation of a future rule governing campaign finance, ethics and lobbying complaints under the new law enacted in
2007 Wis. Act 1.
Comparison with federal regulations
Considering that this rule repeals two existing former Ethics Board rules and effectively repeals a portion of a rule of the former Elections Board, comparison with existing federal regulations is inapposite. Federal law does enforce violations of campaign finance, lobbying and ethics laws at the federal level only.
Comparison with rules in adjacent states
The States of Illinois, Iowa, Michigan and Minnesota have not enacted legislation comparable to
2007 Wisconsin Act 1 and have not sought the repeal of enforcement provisions comparable to those included in this rule.
Given the purpose and tenor of this rule repealing administrative provisions, comparison with existing provisions of other states, as with a comparison to federal law, is inapposite.
Summary of factual data and analytical methodologies
Adoption of the rule was predicated on eliminating provisions of the former Ethics Board's and Elections Board's rules that were inconsistent with the provisions or intent of the new law merging those agencies into the new Government Accountability Board.
Analysis and supporting documents used to determine effect on small business
Preparation of an economic impact report is not required. The Government Accountability Board does not anticipate the repeal of the described provisions will have an economic impact.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Text of Proposed Rule
SECTION 1. Eth 3.01 and 3.04 are repealed.
SECTION 2. ElBd 10.01 is amended to read:
ElBd 10.01 Applicability. This chapter applies to complaints filed with the state elections board pursuant to ss.5.05(3), 5.06, 11.60(5) and
11.66 5.061, Stats., requesting the elections board to enforce the election and campaign finance laws and compliance with the Help America Vote Act. This chapter does not apply to complaints to challenge nomination papers or petitions which are filed under s.2.05 or 2.11.
Notice of Hearing
Workforce Development
Correction: On page 35 of the 4-30-08 Register, a hearing notice is incorrectly labeled
CR 08-029. The correct number is
CR 08-034.
