Date: August 2, 2006
Time: 3:30 P.M.
Location: WI Dept. of Administration Building
101 East Wilson Street, Room 4B
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 August 11, 2006, to be included in the record of rule-making proceedings.
Proposed order of the Department of Administration
Analysis prepared by the Department of Administration
Explanation of agency authority: Pursuant to s.
16.967, Stats., the Wisconsin Department of Administration is responsible for the administration of the Wisconsin Land Information Program.
Related Statute or Rule: None.
Plain language analysis of Proposed Amendments
The department proposes to amend Chapter
Adm 47 to reflect the department's role in the land information program's administration and increase eligibility for grants to county land information offices.
Proposed revisions to ss.
Adm 47.03,
47.04,
47.05,
47.06 and
47.07, would eliminate reference to the Land Information Board which was eliminated in the 2005-07 state budget and identify the department as the administrator of the land information grant program.
Proposed revisions to s.
47.04 would change the eligibility requirement for base budget funding awards to counties. The proposed amendment to s.
Adm 47.02 increases the maximum level of recording fees a county may retain and be eligible for a base budget award to $50,000 from $35,000. This change is among the recommendations from the August 2004 Report to the Legislature by the Wisconsin Land Information Board and Land Information Council that also recommended the sunset of those bodies.
Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at:
http://drl.wi.gov.
None.
Comparison of Similar Rules in Adjacent States
The department's Land Information Program is unique to the region, as many adjacent states are in preliminary stages of creating such partnerships with their counties. Despite the lack of structured programs to support the development of land information at a county-wide level, a few states may provide competition-based grants, basic funds for training, or technology licenses. In most instances counties are expected to support and maintain existing land information programs through local funding.
Data Used To Support Rule
The current rule's revisions were codified in 2002. These proposed rule changes reflect changes in state statute that includes the sunset of the Wisconsin Land Information Board. The changes are also based on the August 2004 report to the Governor and Legislature on “An Evaluation of Functions, Activities and Future Directions" prepared by the Land Information Board and Wisconsin Land Council. That consensus document addressed the continuation of the functions of the land information program, now administered by the department, assigned additional duties to the State Cartographer's office at the University of Wisconsin, and recommended increasing eligibility for Base Budget land information awards to county land information offices.
Initial Regulatory Flexibility Analysis
The department does not foresee any significant impact on small business.
Fiscal Estimate
Estimated fiscal effect on state operations: The Department currently administers approximately 18 Base Budget grants. Because systems and procedures are already in place to manage these grants, increasing eligibility for additional counties will have a minimal affect on state operations.
Estimated fiscal effect on local governments: Increasing eligibility for counties to receive base budget grants will allow additional counties to be eligible for these grants. Those funds would provide for capacity building to those counties with fewer resources and assist in the development of a comprehensive and integrated state wide system of geographic information.
Estimated fiscal effect on private entities: None.
Contact Person:
Mike Friis
Department of Administration
(608) 267-7982 (telephone)
Text of Rule:
Section 1.
Adm 47.02 (2) is repealed.
Section 2. Adm 47.02(3) through (11) are renumbered Adm 47.02(2) through (10), and Adm 47.02(2), as renumbered, is amended to read:
(2) “County-wide plan for land records modernization" means the plan under s.
59.72 (3) (b), Stats., approved by the
board department under s.
16.967 (3) (e), Stats.
Section 3: Adm 47.03 (intro.) is amended to read:
Adm 47.03 Eligible projects and activities. A county may apply to the board department for a grant for any of the following projects:
Section 4. Adm 47.04 (intro.) is amended to read:
Adm 47.04 Grants. Subject to availability of funds, the
board department shall determine annual grant amounts for eligible projects under s.
Adm 47.03, by October 15, of each year. A grant may not exceed $100,000. The
board department may award more than one grant to a county board
as provided by s. 16.967 (7) (b), Stats. Any funds not granted in any given year shall remain available for general distribution to eligible local units of government, at the discretion of the
board department in future grant cycles.
In carrying out its duties under this section, the department may seek advice and assistance from state agencies, local governmental units, and other experts involved in collecting and managing land information. The
board
department may provide the following grant categories:
Section 5: Adm 47.04(2) is amended to read:
(2) Land information system base budget grants for eligible projects and activities provided in s.
Adm 47.03 (1) through
(5), shall be available to provide a minimum funding level to enable a county land information office to develop, maintain and operate a basic land information system. To be eligible for this category, the fees that a county retained under the provisions of s.
59.72 (5) (b), Stats., shall be less than
$35,000 $50,000 for the preceding fiscal year.
Section 6: Adm 47.04 (4) is amended to read:
(4) Strategic initiative grants for eligible projects and activities as provided in s.
Adm 47.03 (1) through
(5), for expediting and fostering statewide and regional strategic initiatives consistent with specific statutory requirements and standards adopted by the
board department.
Note: The Wisconsin Land Information program statutes and the standards adopted by the
Board Department may be obtained from the Department's Land Information Program
Office at
17 South Fairchild Street, P.O. Box 8944, Madison, Wisconsin or at the following website:
www.doa.state.wi.us/olis http://www.doa.state.wi.us/dir/index.asp.
Section 7: Adm 47.05 is amended to read:
Adm 47.05 Grant application. All applications shall be submitted on the authority of the county board on behalf of an eligible applicant. Application authority shall be obtained by specific action of the county board. The
board
department may request evidence of such authority. County boards may delegate their authority to apply for grants to the entity responsible for administration of the county land information office established under s.
59.72 (3), Stats. Any such delegation shall be explicit. All applications shall be fully completed and submitted on forms provided by the department before the deadline established by the
board department. Applications shall be executed under the authority of both the county or delegated authority and the eligible applicant. The department shall give notice of application periods to county land information offices at least 90 days prior to the deadline for submission of applications.
Note: Grant Applications can be obtained by calling or writing the Wisconsin Land Information Program, Department of Administration, P. O. Box
1645
8944, Madison, WI
53701–1645 53708-8944 (telephone 608/267–
2707 3369). The application may also be viewed and printed at the following website:
www.doa.state.wi.us/olis http://www.doa.state.wi.us/dir/index.asp.
Section 8: Adm 47.06(intro.) is amended to read:
Adm 47.06 Evaluation criteria. Grant requests shall be reviewed and evaluated by department staff for board department approval. All grant applications shall be evaluated on the applicant's responsiveness to the following requirements:
Section 9: Adm 47.06(2) is amended to read:
(2) Projects shall meet or exceed all relevant statutory requirements and standards established by the
board department under s.
16.967 (3)
Section 10. Adm 47.07 is amended to read:
Adm 47.07 Grant agreements. Grants are contingent upon the execution of a grant agreement. Failure of a grantee to execute a grant agreement shall result in withdrawal of the offer. The board, the department, and the grantee may negotiate the specific budget items, project goals, and other terms and conditions prior to the board department approving the grant. Terms of a grant award shall be administered through the grant agreement.
Notice of Hearing
Agriculture, Trade and Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed repeal and recreation of chapter ATCP 156, Wis. Adm. Code, relating to Seed Potato Certification and Grading.
DATCP will hold three public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Thursday, August 31, 2006 for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, by email to
kevin.leroy@datcp.state.wi.us or online at https://apps4. dhfs.state.wi.us/admrules/public/Home
Copy of rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain a copy by calling (608) 224-4928 or emailing
kevin.leroy@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
Written comments
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by July 31, 2006, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4584. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Monday, August 7, 2006
1:00 p.m. until 3:00 p.m.
Department of Agriculture, Trade and Consumer Protection
Board Room (CR-106)
2811 Agriculture Drive
Madison, Wisconsin, 53718-6777
Wednesday, August 9, 2006
10:00 a.m. until 11:30 a.m.
The Portage County Public Library
Charles M. White Library Building
The Pinery Room
1001 Main Street
Stevens Point, Wisconsin 54481
Wednesday, August 9, 2006
2:30 p.m. until 5:00 p.m.
Langlade County Fair Grounds
Clover Room, Multipurpose Building
1581 Neva Road
Antigo, Wisconsin, 54409-2340
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule repeals and recreates current rules related to Wisconsin's certified seed potato program, a voluntary program for the certification and grading of seed potatoes in this state. The program is jointly administered by the Wisconsin department of agriculture, trade and consumer protection (“DATCP") and the university of Wisconsin college of agricultural and life sciences (the “college"). This rule updates and clarifies current certification standards and procedures.
