Relating to
Obligation to furnish copies and maintain records, and trust accounts.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
Chapter
REEB 15, Real Estate Broker's Obligation to Furnish Copies and Maintain Records, was created in November 1985 (as ch.
RL 15) and with the exception of a minor correction in authority and chapter renumbering, there have been no substantial changes since this rule became effective. At this time the Real Estate Examining Board (the Board) intends in this proposed revision to make minor corrections in format, update the chapter to reflect any statutory changes, provide clarification where appropriate and allow new and current technology in records retention.
Chapter
REEB 18, Trust Accounts, is added to this scope statement as provisions for maintaining records in ch.
REEB 15 may allow the retention of records in electronic formats and the use of current electronic software. The bookkeeping section, s.
REEB 18.13, may be revised to allow similar technology as in ch.
REEB 15. In addition, depository institutions currently provide options for electronic bank statements and exporting such financial data to bookkeeping software. When requested by the department or board as in s.
REEB 18.036, these records may be determined to be in an acceptable format. With the exception of renumbering and minor changes, this chapter has not been revised since 1994.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing rules relating to the retention of certain records that are used in the practice of real estate can be found in s.
REEB 15.04. This section requires a real estate broker to retain for at least 3 years exact copies of documents and correspondence utilized in connection with any transaction. These documents and correspondence must be made available to the Department of Safety and Professional Services (the department) or the Board for inspection and copying upon request. The proposed rule may clarify what comprises a record. In addition, the proposed revision intends to provide the broker the ability to retain records in electronic format, stipulate retention times and offer possible discipline for not providing such records when so requested.
Existing rules relating to bookkeeping systems and examination of bank records are found in ch.
REEB 18. It is widely known that ledger and journaling financial software is widely utilized in the real estate industry; the Board intends that these rule revisions recognize current practice and modernize the provisions for records and recordkeeping.
No new policies are expected to be created in these revisions. The alternative to not updating these chapters is that record storage and current prescribe bookkeeping formats may continue to be costly and duplicative.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
• Section
15.08 (5) (b), Stats.: This section requires any examining board to promulgate rules for their own guidance or the guidance of respective trade or profession.
• Section
227.11 (2), Stats.: This section confers that each agency has rule-making powers interpreting the authority to enforce and administer as provided in the statues.
• Section
452.07, Stats.: This section provides the Real Estate Examining Board the express authority to draft and approve rules relating to the guidance of the real estate profession. “S.
452.07 Rules. (1) The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice."
• Section
452.13, Stats.: This section outlines procedures for brokers regarding their trust accounts, interest-bearing accounts and furnishing financial documents to the department, board or the Department of Administration on request.
5. 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 210 hours, depending on the complexity. This includes coordinating the rule-making process with the Board, research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Real estate licensees.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet search of the U.S. Code and the code of federal regulations (CFR) did not reveal any existing or proposed regulations at the federal level for: applications and education relating to the licensing of real estate brokers and real estate salespersons, real estate broker's trust accounts, records retention or records kept in a specific format.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The anticipated cost of complying with the proposed rule is deemed minimal to none as it is expected that any electronic format required would include various options and may already be utilized.
9. Contact Person
Jean MacCubbin, Program Manager, Division of Policy Development, Department of Safety and Professional Services; P.O. Box 8935; Madison, WI 53708-8935; phone: (608) 266-0955 or Contact Through Relay; email:
jean.maccubbin@wisconsin.gov.
Technical College System Board
This statement of scope was approved by the Governor on July 18, 2013.
Rule No.
Relating to
Certification of personnel: requirements and procedures.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The Wisconsin Technical College System (WTCS) recently reviewed Chapter
TCS 3 of the Wis. Admin. Code, entitled Certification of Personnel: Requirements and Procedures, to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. Chapter
TCS 3, which was last amended in 1993, establishes the standards and procedures for implementation of a personnel certification system.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A committee of stakeholders, which included both System Office staff and college representatives — faculty members, presidents, chief academic officers, human resource directors, and certification officers — recommended a revised system that is lean, effective, flexible, and provides consistent process standards to ensure that WTCS institutions hire high quality faculty who will be supported with ongoing professional development that helps ensure learner success. The proposed Faculty Quality Assurance System would require each technical college district establish a process that meets WTCS Board established standards for occupational experience, academic qualifications, and ongoing professional development. WTCS staff will conduct reviews on behalf of the Board to ensure districts' quality assurance systems adhere to these standards. In addition, WTCS staff will work with district staff to provide technical assistance, identify best practices, and provide ongoing professional development opportunities for college faculty.
The proposed system would require rule changes that would delete or amend almost every section of ch.
TCS 3.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The WTCS Board's responsibility for personnel certification is identified in Wis. Stat. s.
38.04 (4), which says that “the qualifications of educational personnel
…shall be approved by the Board."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time will be minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The WTCS Board, System Office staff, and the 16 technical college districts.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no federal rules regarding the qualifications of technical college educational personnel.
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 economic impact statewide and locally.
9. Contact Person
James Zylstra, (608) 266-1739.
Transportation
This statement of scope was approved by the Governor on July 25, 2013.
Rule No.
Relating to
Size and weight of vehicles and vehicle combinations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to bring ch.
Trans 276 into compliance with Wisconsin Statutes. First, the proposed rule seeks to conform s.
Trans 276.05 (2) to
(3) to s.
348.07 (4), Stats., by removing the outdated reference to “5-mile access routes." Second, the proposed rule seeks to conform ch.
Trans 276 to ss.
348.07 (1) and
348.08 (1) (a), Stats., by repealing s.
Trans 276.06 in its entirety. These removals will clarify changes made to s.
348.07 (1), Stats., as a result of
2011 Wisconsin Act 54, and to s.
348.08 (1) (a), Stats., as a result of
2011 Wisconsin Act 243.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
Trans 276.05 (2) and
276.05 (3) specify that certain specified vehicles may not travel more than 5 miles on access routes to and from designated highways. These 2 sections of the rule are inconsistent with s.
348.07 (4), Stats., which specifies the distance as “15-miles." The distance these specified vehicles may travel on access routes to and from designated highways may change in the future and should not appear in both the rule and statute. Therefore, the references to specific distance in s.
Trans 276.05 (2) to
(3) should be removed.
Section
Trans 276.06 specifies the maximum overall length for vehicles operating in double or triple saddlemount without a permit as 75 feet or less. This rule has been made obsolete by s.
348.08 (1) (a), Stats., as amended by
2011 Wisconsin Act 243. Previously, s.
348.08 (1) (a), Stats., only permitted vehicles to operate in double or triple saddlemount without a permit if they were 65 feet or less in overall length. As a result of
2011 Wisconsin Act 243, s.
348.08 (1) (a), Stats., now specifies the distance as 75 feet or less. Since both the statute and the rule specify maximum overall length as 75 feet, this section of the rule is unnecessary and should be repealed.
Section
Trans 276.06 also specifies the maximum overall length for a motor bus to operate without a permit as 45 feet or less. This rule has been made obsolete by s.
348.07 (1), Stats., as amended by
2011 Wisconsin Act 54. Previously, s.
348.07 (1), Stats., only permitted a motor bus to operate without a permit if they were 40 feet or less in overall length. As a result of
2011 Wisconsin Act 54, s.
348.07 (1), Stats., now specifies the distance as 45 feet or less. Since both the statute and the rule specify maximum overall length as 45 feet, this section of the rule is unnecessary and should be repealed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
85.16, Stats., WisDOT has the authority to make reasonable and uniform rules for the discharge of its powers, duties and functions. Section
227.11 (2), Stats., identifies areas where rule-making authority is expressly conferred upon agencies, including where necessary to effectuate the purpose of the statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
None. The proposed changes will amend language in ch.
Trans 276 that is obsolete as a result of conflicts with recent statutory changes. The proposed changes will also clarify the law as it already exists.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule changes.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Implementation of the proposed changes is not anticipated to have any economic impact on small businesses.
9. Contact Person
Reed McGinn, Legislative Liaison, Division of Motor Vehicles, Wisconsin Department of Transportation, (608) 266-7857.
Workforce Development
This statement of scope was approved by the Governor on August 1, 2013.
