Relating to
Property tax and assessment of agricultural property.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
• Amend s.
Tax 12.06 to eliminate redundancy with the Wisconsin Property Assessment Manual.
• Revise s.
Tax 12.07 to provide for more frequent update of assessment districts through the Wisconsin Property Assessment Manual.
• Repeal subchapter I of Chapter
Tax 18 and remove other references throughout the chapter to an agricultural assessment transitional period that lasted from 1996 to 1997.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
70.32 (2) (c) 1i. Stats., provides that agricultural use “means agricultural use as defined by the department of revenue by rule
…" This provision applies to ch.
Tax 18.
Section
73.09 (1), Stats., provides “[t]he department of revenue shall establish by rule the level of certification under sub. (3), the continuing education requirements under sub. (4), examinations under sub. (5), and the requirements for and responsibilities associated with temporary certification under sub. (6) for all assessors and assessment personnel of each local unit of government and for county assessor systems under s.
70.99." This provision applies to ch.
Tax 12.
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 100 hours to develop the rule.
List with Description of all Entities that may be Affected by the Proposed Rule
Local assessors, local governments, businesses, and individuals who rely on clear, current, and concise rules
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
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven, (608) 266-8253.
Revenue
This statement of scope was approved by the governor on January 17, 2013.
Rule No.
Relating to
Local financial reporting and expenditure restraint payments.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are to:
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2012 Executive Order 61 and
2011 Wisconsin Act 46 requires state agencies to work with the Small Business Regulatory Review Committee to review the agency's administrative rules that may be particularly onerous to small businesses in Wisconsin. In response, the department initiated a comprehensive review of all of its administrative rules. The changes described above were identified as part of that review. If the rules are not changed, they will be incorrect in that they will not reflect current law or current department policy.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
73.10 (2) (b) 1., Stats., provides that “[t]he department may require by rule all of the following:
a.
That the information it needs under par. (a) be submitted as annual financial statements, notes to the financial statements, and supporting schedules.
b. That the statements, notes, and schedules under subd. 1.a. conform to generally accepted accounting principles promulgated by the Governmental Accounting Standards Board or its successor bodies.
c. That the statements, notes, and schedules under subd. 1.a. be audited in accordance with generally accepted auditing standards."
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 100 hours to develop the rule.
List with Description of all Entities that may be Affected by the Proposed Rule
Local governments who rely on clear, current, and concise rules.
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
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impact is anticipated.
Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services
Safety, Buildings, and Environment—Plumbing,
Chs.
SPS 381–387
This statement of scope was approved by the governor on January 22, 2013.
Rule No.
Relating to
Plumbing plan review by agent municipalities.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The major code section to be amended in this proposed rule, section
SPS 382.20 (2), specifies that municipalities shall employ two or more full-time plumbing staff if they take on the responsibility of being the department's agent for plumbing plan review. This proposed rule revision encompasses current practices, but also may accommodate opportunities for process improvements in plan review turnaround time.
The objective of this proposed rule is to reduce the staffing burden on agent municipalities while allowing flexibility in determining the staffing levels for this program service based on local need. The proposed rule is not intended to impact or diminish the requirements for such individuals required to have current credentials as outlined in sections
SPS 305.003 (14),
305.10 (1) (a) 4. and
382.21 (1) (b). The proposed rule is expected to continue to require that agent municipalities conduct plan review in a proper and timely manner. The proposed rule is not expected to negatively impact health, safety and welfare.
The department may consider any of the following items pertaining to agents, and agent responsibilities and authority: conducting random department-level audits of plan reviews; expanding plan review authority outside the municipal boundaries by mutual agreement; determining qualifications of agent plan review staff; having a contingency plan for prolonged staff absences; detailing a process for withdrawing agent status and rescinding agent status for failure to meet standards; allowing agents to waive the right to review specific project; determining a portion of the fees forwarded to the department to cover state-level program support; accommodating electronic plan submission and approval; coordinating agent approval and disapproval criteria and processes with similar programs in the department; and reviewing the plan review fees established at the local level.
Other changes in this proposed rule may include editorial corrections. In addition, the project will evaluate other administrative codes of the department that may be affected by updates of the Wisconsin Uniform Plumbing Code, including at least chapters SPS 381, 382 and 384, relating to definitions, national standards and plumbing products and installations. This evaluation may result in changes and updates of the rules in these chapters and other chapters requiring updates to cross-references. The objectives of this rule project may be incorporated into one or more rule packages.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing policy mandates that in order to obtain or maintain agent status with the department a municipality must employ at least two full-time plumbing staff deemed so qualified by the department. This proposed rule would provide flexibility in staffing levels based on local need and may allow municipalities to utilize staff on a part-time or as-needed basis.
By not amending the rule in this manner, obtaining agent status may be burdensome on agent municipalities and some may withdraw agent status due to the burden of maintaining an established staffing level not based on local need. One alternative is the department will continue to receive petitions from municipalities for agent delegation requesting to employ only one full-time plumbing inspector. This proposed rule will eliminate the petition process and encompass current practice and open agent status to likely additional municipalities desiring to conduct plumbing plan review.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for chapter SPS 382 is contained in the following sections of Wisconsin Statutes.
Sections
145.02 (2) and
(3) (d) and
(g), Statutes: Authority given to the department and its agent municipalities with regard to plumbing plan review and inspection, establishment of fees, competent plumbing supervision, and the issuance of plumbing permits and orders.
Section
145.02 (4) (a), Statutes: Authority relating to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners.
Section
145.05 (1), Statutes: Authority relating to having competent persons and plumbing supervision in maintaining a plumbing plan review service at the local level.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 240 hours, and may be longer if an advisory code committee is convened to review and consult on the proposed rule prior to public hearing.
This time estimate includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
List with Description of all Entities that may be Affected by the Proposed Rule
A number of entities could potentially be affected by this proposed rule—such as current agent municipalities, newly approved agent municipalities, the department (impacts on plan review staffing levels and audit functions) and small businesses that interact with them.
These rules may affect any agent municipality where plumbing plan reviews are undertaken. The rule may also affect the budgets of these agent municipalities, depending on a reduction in staffing levels, an increase in utilizing staff on a part-time or as needed basis for this program service, or an increase in revenues based on the number of plumbing plan reviews conducted at the municipal level.
