Scope Statements
Revenue
This scope statement was approved by the governor on July 1, 2014
Rule No.
Relating to
Investment and Local Impact Board.
Rule Type
Permanent.
1. Finding / Nature of the Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will repeal unnecessary and confusing provisions and amend complex procedures related to the investment and local impact board's (“board") distribution of funds to local communities affected by metalliferous mining in this state. The provisions are repetitive of statutes, which were amended in
2013 Act 1. Chapter
Tax 13 no longer accurately reflects the statute, and it is unnecessarily complex. The objective of the proposed rule is to clarify the procedures used by the board, reduce confusion and remove inaccuracies by repealing language that is found in the statute, and return the rule's contents to the subjects over which the board and the department of revenue were granted rule-making authority.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapter
Tax 13 establishes application procedures for local communities affected by metalliferous mining who seek funds under s.
70.395, Stats. These procedures allow the board to certify the amounts of funds to be distributed by the department of administration under s.
70.395 (2) (c) 1, Stats. Chapter
Tax 13 also defines acceptable use of funds and the sources of funds using statutory language. The proposed rule proposes no new policies and seeks to further the policy goals of the legislature under s.
70.395, Stats.
The alternative is to leave the rules as they are, burdensome and confusing. Rules with language repetitive of statutes are subject becoming outdated with any legislative change. Additional staff time would be required to amend the rule in every instance such as this, creating inefficiencies in state government. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The board shall, according to procedures established by rule:
1.
Certify to the department of administration the amount of funds to be distributed under pars. (d) to (g) and to be paid under (j).
2.
Determine the amount which is not distributed under subd. 1. which shall be invested under s.
25.17 (1) (jc).
Section
70.395 (2) (c) 1., Stats., authorizes the board to promulgate parts of ss.
Tax 13.05,
13.06,
13.07, and
13.08. Most of the statutorily authorized procedures are promulgated in s.
Tax 13.07 (2). The proposed rule seeks to repeal the portions of these sections which repeat statutory provisions and lack statutory authority for promulgation.
The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub (3) and ss.
293.65 (5) and
295.61 (9).
Sections
Tax 13.10 and
13.11 implement the board's policies regarding fiscal guidelines and accounting procedures clearly authorized by s.
70.395 (2) (hg), Stats.
The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. . (d), (f), (fm) and (g), sub (3) and ss.
293.65 (5) and
295.61 (9) for noncompliance with this section or rules adopted under this section.
Section
Tax 13.12 implements the board's policies regarding recoupment and withholding of payments clearly authorized by s.
70.395 (2) (hr), Stats.
The board may require financial audits of all recipients of payments made under pars. (d) to (g). The board shall require that all funds received under pars. (d) to (g) be placed in a segregated account.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 200 hours to develop the rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Counties, cities, towns, villages, tribes, school districts, and local impact committees, under ss.
293.33 and
295.443, Stats., that are affected by metalliferous mining in this state.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The investment and local impact board is not regulated by federal statutes or regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule will have minimal or no economic impact, as the policies behind the current statute and rule will not change. Any economic impact is likely to be positive, as the proposed rule will make the availability of funds to affected local communities less complex and burdensome.
The rule will have no economic impact on small business.
9. Contact Person
Nate Ristow, (608) 266-6466 or Dale Kleven, (608) 266-8253.
University of Wisconsin System
The statement of scope was approved by the governor on July 7, 2014.
Rule No.
Relating to
Dismissal of academic staff for cause.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The Board of Regents of the University of Wisconsin System (“Board") seeks to modify ch.
UWS 11, Dismissal of Academic Staff for Cause, to recognize published guidance from the U.S. Department of Education. In the guidance, the Department of Education has addressed expectations for higher education institutions to respond to sexual misconduct allegations involving school employees, including allegations of sexual assault.
