EmR1010 Hearing to consider emergency rules to revise Ch. NR 10, relating to deer management unit population goals.

  • Information pertinent to other state park proposals:
    The fee structures being set up in most of the park areas are specific to the area and facilities.
    Wyalusing is the only WSPS property with indoor group dormitory style camping, and the current rate is well below the existing market for accommodations of like type. Charging a rate that is close to market-based of $6 a person a day and $300 minimum will help to close the existing price and expense gap while simultaneously providing a cost effective option for groups. Current capacity for the indoor group camp is 108; with the $200 minimum rate set based upon a 50 person occupancy. Property staff report that it is not uncommon for groups as small as 10 to reserve the group campground. This still only results in costs of $20/night/person that is significantly lower than what exists in the private sector given amenities at the location. The DNR recently upgraded this facility without increasing the cost to rent; consequently, an increase is warranted at this time and is unlikely to significantly affect demand for this group camp. While these fees are higher for this campground, the fee is lower than rates charged in the private sector and remains an economical choice for groups or families to utilize.
    Devil's Lake is the only property that specifies a rate for renting the entire campground in ch. NR 45 , Admin. Code. The current rate is well below the existing market for accommodations of like type in the market area and significantly lower than if the sites were reserved separately. Deleting this code provision will allow the department to charge a more market based rate as authorized by s. 27.01(10)(f) Stats., and help to close the existing fiscal gap to operate the campground.
    There is precedent for charging a special rate for particular campsites or campgrounds based upon amenities offered. Council Grounds state park recently opened three new group campsites, and the existing group camping fees are well below the market value for accommodations of like type in the market area. These sites include electrical hookups, dedicated toilet buildings and other amenities. By charging the existing group camping rate the Department believes these sites are under-valued. The new fees were calculated utilizing the current camping fee structure, plus the cost of the electrical pedestals with a premium for the amenities. These changes are unlikely to affect demand for these campsites and the change will make rates competitive based upon the amenities offered. While the fees are higher for these select campsites, the fee is competitive with rates charged in the private sector and still remains an economical choice for groups or families to utilize.
    The Commercial Use Permit is required for common or recurring, property master plan-compatible, commercial uses of parks, recreation areas, and southern forest lands. Typically, these uses involve a service that is purchased and arranged off a property but performed on the property. This fee has not been updated in over 8 years. The fee is significantly lower than the perceived value to those who use parks, trails, and southern forests commercially because of the profit generated by the commercial use. All of the surrounding states require a commercial use permit and the cost is dependent on the activity.
    Lakeshore state park recently opened its boat slips, and the rates charged mirror those for accommodations of like type provided by Milwaukee county as well as those at private marinas in the area. The fee is competitive with rates charged in the public and private sector, remains an economical choice for groups or families, and is unlikely to affect demand for this facility. Lakeshore state park is an urban park that regularly hosts various special events for visitors and local businesses. This event fee structure is similar to what Milwaukee county charges. Without this fee structure, the DNR is only authorized to charge its current special event fees, which are not applicable for events of this size and at this location. Lakeshore state park is uniquely poised to host large and small-scale events, contributing to the cultural and economic vitality of downtown Milwaukee. These events could range in size from 50 to 500,000 in attendance and span multiple days. The flexible fees will be decided in advance by the manager at Lakeshore state park in conjunction with the event holder, based upon the expected attendance, activities planned and impacts to other users of the property. The fee would be mutually established well in advance of an event, thus enabling groups to budget and plan effectively for their event on the Lakeshore grounds. Under this scenario, fees for special events at Lakeshore state park would remain an economical choice for everyone from corporations to families are unlikely to affect demand for this facility, and would provide the funds necessary to staff events of this magnitude.
    Anticipated private sector costs
    Fees are increased for certain uses of department lands and those increased costs will be incurred by the users. Because most users camp on a relatively infrequent basis, and the increases are modest, the fee increases are not anticipated to be burdensome. Regarding the slow-no-wake proposal at the "narrows", there is one private property landowner with frontage in the section of Wisconsin River encompassed by the regulation. There is no anticipated negative effect on his property values. In a personal contact with the landowner, he expressed support for a slow no wake rule. Since his property sits on the blind corner of the Narrows, he has a long history of providing access to the river for a flagman to monitor boat traffic and signal tour boats when it was safe to proceed.
    Small Business Impact
    One rule provision creates a slow-no-wake area on a stretch of the Wisconsin river. There are four commercial enterprises that operate boat tours in the Upper Dells on the Wisconsin river; two run both traditional tour (cruise) boats and jet boats, one runs exclusively jet boats and one only operates a tour/dinner boat. When contacted by the department, all the tour boat operators said their normal practice is to go slowly through the area anyway, so there would be no impact to them on their scheduling. They expressed support for a slow-no-wake regulation because their ability to navigate is often jeopardized by recreational watercraft attempting to jump the wakes of their boats or trying to maneuver around the larger boats at high speed. The distance of the slow-no-wake area is approximately 3,100 linear feet.
    This rule does not impose performance standards, or compliance or reporting requirements for small businesses. Small business impacts from the commercial use permit fee increase will be minor as the permit fee increase is $20 per year. Even for a very small-scale business, the cost is likely to be easily absorbed the business, and offset by revenues generated from the business conducted on the state property. This change is not expected to dramatically increase revenues to the system; rather it updates the fee relative to the value businesses receive from doing business on system properties, and the impact their work may have on the resources or facilities at the property. The current fee is significantly below market value, remains an economical choice for businesses or families to utilize, and is unlikely to affect demand.
    The Corporate Event fee at Lakeshore State Park is $500 for less than 500 attendees and is intended to offset the additional expenses associated with sponsoring the event. The businesses impact is anticipated to be minimal for many small businesses.
    The campground fee increases will not have a negative effect on nearby private campground owners. Private campground may see a small increase in visitation and associated revenue if some campers select the private provider rather than paying the increased fee. The slow-no-wake proposal is not anticipated to have a measurable effect on commercial boat operators.
    Small business regulatory coordinator
    The Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
    Environmental Analysis
    This is a type III action under Chapter NR 150 , Wis. Adm. Code, and neither an environmental impact statement nor an environmental assessment is required.
    Fiscal Estimate
    The fee increases will increase state revenues by approximately $246,670. A printed copy of the full fiscal estimate may be obtained by contacting Kathryn Fitzgerald, listed below.
    Agency Contact Person
    Kathryn Fitzgerald, Chief
    Land Management Section
    Bureau of Facilities and Lands
    Phone: (608) 267-2764
    Notice of Hearing
    Natural Resources
    Fish, Game, etc., Chs. NR 1—
    NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 , 227.11 (2) (a) and 227.24 , Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter NR 10 , Wis. Adm. Code, relating to deer management unit population goals. This emergency order took effect on April 3, 2010.
    Hearing Information
    The hearing will be held:
    Date and Time
    Location
    May 19, 2010
    Wednesday
    at 2:00 p.m.
    Room G09
    DNR Central Office
    101 S. Webster Street
    Madison, WI
    Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
    Copies of Emergency Rule and Submittal of Written Comments
    The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov . Written comments on the rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to keithwarnke@ wisconsin.gov . Comments may be submitted until May 20, 2010 . Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Warnke.
    Analysis Prepared by Department of Natural Resources
    Statutes interpreted
    Sections 29.014 and 29.889 (12) , Stats.
    Statutory authority
    Sections 29.014 , 227.11 (2) (a) and 227.24 , Stats.
    Plain language rule analysis
    Prior to the effective date of this emergency order, there were 131 deer management units with individual over winter population goals that would result in a statewide over winter population of approximately 737,000 deer. The new goals would result in an over winter population of approximately 800,000 animals. Over winter population goals and management units serve as the foundation for managing the deer herd and determining deer hunting season structures. All goals referred to in this rule are the over winter deer population goal for individual management units. The hunting season population will generally be substantially larger than the over winter population goal.
    This emergency order increases deer population goals in 43 management units and lowers the goal in two.
    Deer
    Management Unit
    Current
    over-winter goal density
    Proposed new over-winter
    density
    2
    18
    20
    3
    16
    18
    6
    12
    18
    12
    17
    20
    13
    15
    17
    14
    14
    20
    15
    22
    25
    17
    15
    17
    18
    20
    22
    19
    20
    22
    20
    18
    20
    22
    20
    25
    22A
    20
    25
    23
    20
    25
    24
    20
    25
    26
    20
    23
    27
    20
    25
    29B
    12
    15
    30
    15
    19
    33
    20
    25
    34
    17
    20
    Deer
    Management Unit
    Current
    over-winter goal density
    Proposed new over-winter
    density
    43
    15
    17
    49A
    25
    20
    57
    22
    25
    57A
    25
    30
    59A
    20
    25
    59B
    15
    25
    59D
    20
    25
    59M
    10
    15
    60A
    20
    25
    60B
    20
    25
    60M
    10
    15
    61
    20
    25
    62A
    25
    30
    62B
    25
    30
    63A
    25
    30
    64
    20
    25
    64M
    10
    15
    66
    25
    30
    68B
    30
    25
    74A
    20
    25
    77C
    15
    20
    77M
    10
    15
    80B
    20
    25
    These changes are recommended to provide hunters with more deer hunting opportunities in instances where goals are proposed for increases and to alleviate agricultural damage in the instances where the goals have been recommended for a decrease. However, there is a concern that a higher goal with low hunter densities will increase the need for continuous herd control seasons.
    Comparison with federal regulations
    Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies.
    Comparison with rules in adjacent states
    All of Wisconsin's neighboring states have established management units for the purpose of managing deer populations. By using units with identifiable boundaries, deer populations can be monitored and kept at various population levels to more effectively control the deer herd and to address regional differences in habitat, population (human and deer) and to reduce conflict with other land uses such as residential, agricultural or forested.
    Factual data and analytical methodologies
    The Department has evaluated the need for deer population goal reviews based on the following criteria: 1) Intolerable level of agricultural damage when at goal; 2) Ability of hunters to harvest enough deer to keep the population at the goal level; 3) Hunter demand for antlerless permits; 4) Vehicle-deer accident rate; and 5) buck harvest success rate; 6) Chippewa treaty harvest; 7) Hunter access to land in a deer management unit; 8) Ability to keep the deer herd in a deer management unit at goal; 9) Tolerable levels of deer damage to crops.
    In addition, an Environmental Assessment was prepared in 1995. Copies of Deer Population Goals and Harvest Management Environmental Assessment are available from the department upon request.
    Anticipated private sector costs
    These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses.
    Small Business Impact
    These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.
    Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
    The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
    Environmental Analysis
    The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
    Fiscal Estimate
    The fiscal estimate may be reviewed at the following Internet site: http://adminrules.wisconsin.gov . A personal copy of the fiscal estimate may be obtained from Mr. Warnke, listed below.
    Agency Contact Information
    Keith Warnke
    101 S. Webster St.
    PO Box 7921
    Madison, WI 53707-7921
    Phone: (608) 264-6023
    Scott Loomans
    101 S. Webster St.
    PO Box 7921
    Madison, WI 53707-7921
    Phone: (608) 267-2452
    Notice of Hearings
    Natural Resources
    Fish, Game, etc., Chs. NR 1—
    ( DNR # WM-15-10)
    NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 and 227.11 , Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter NR 10 , Wis. Adm. Code, relating to the use of archery deer hunting licenses.
    Hearing Information
    The public hearings will begin at 7:00 p.m. at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
    May 17, 2010   James Williams Middle School
      915 Acacia Lane
      Rhinelander 54501
    May 18, 2010   DNR South Central Region Headquarters
      3911 Fish Hatchery Road
      Fitchburg 53711
    May 24, 2010   DNR Northeast Region Headquarters
      2984 Shawano Avenue
      Green Bay 54313-6727
    Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
    Copies of Proposed Rule and Submittal of Written Comments
    The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov . Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 1, 2010 . Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
    Analysis Prepared by Department of Natural Resources
    Statutes interpreted
    Sections 29.014 , 29.171 , and 227.11 , Stats.
    Statutory authority
    Sections 29.014 and 227.11 , Stats.
    Plain language rule analysis
    The Bureau of Wildlife Management recommends promulgating administrative rules that modify a section of ch. NR 10 related to game and hunting and the use of archery deer hunting licenses.
    Currently, each license which authorizes archery deer hunting includes one carcass tag that is valid for taking an antlered buck in any management unit and one tag which is valid for one antlerless deer in any management unit. This proposal would limit the areas where the antlerless carcass tag is valid to only management units for which an antlerless deer harvest quota has been established and CWD units.
    Firearm deer hunters who hold Class A or C permits for hunters with disabilities can currently harvest deer of either sex. So that archery hunting regulations are consistent with firearm deer hunting regulations, Class A and C archery hunters would also continue to be able to harvest an antlerless deer with their (non-herd control) archery antlerless deer carcass tag in any unit statewide, including units with no antlerless deer quota.
    Related statute or rule
    There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
    Comparison with federal regulations
    These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.
    Comparison with rules in adjacent states
    These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
    Factual data and analytical methodologies
    The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in NR 10.104 Wis. Admin. Code. In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. When the quota is zero in a unit, most firearm deer hunters may not harvest antlerless deer. Only archers, first year hunter safety graduates, and disabled permit holders are allowed to harvest antlerless deer when no quota has been established.
    Eliminating archery hunter's ability to harvest antlerless deer in zero quota units would make regulations more consistent between the firearm and archery seasons.
    Anticipated private sector costs
    These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
    Small Business Impact
    These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
    Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
    The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
    Environmental Analysis
    The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
    Fiscal Estimate
    The fiscal estimate may be reviewed at the following Internet site: http://adminrules.wisconsin.gov . A personal copy of the fiscal estimate may be obtained from Mr. Loomans, listed below.
    Agency Contact Person
    Scott Loomans
    101 South Webster Street
    PO Box 7921
    Madison, WI 53707-7921
    Phone: (608) 267-2452
    Notice of Hearing
    Transportation
    NOTICE IS HEREBY GIVEN that pursuant to ss. 343.085 (2m) (b) 1. a. and 343.32 (2) , Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter Trans 101 , Wis. Adm. Code, relating to demerit point system and graduated driver license restriction extensions.
    Hearing Information
    Date and Time
    Location
    May 20, 2010
    at 10:00 a.m.
    Hill Farms State Transportation Bldg.
    Room 394
    4802 Sheboygan Avenue
    Madison, WI
    This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Reed McGinn at (608) 267-9811 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
    Submittal of Written Comments
    The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Reed McGinn, Department of Transportation, Division of Motor Vehicles, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917.
    To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website:
    http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm .
    Copies of Proposed Rule
    A copy of the rule may be obtained upon request from Reed McGinn, Department of Transportation, Division of Motor Vehicles, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917. You may also contact Mr. McGinn by phone at (608) 267-9811 or via e-mail: reed.mcginn@wisconsin.gov to obtain copies of the proposed rule. Copies will also be available at the hearing.
    Analysis Prepared by the Wisconsin Department of Transportation
    Statutes interpreted
    Section 343.32 , Stats.
    Statutory authority
    Proposed Amendment #1: Section 343.085 (2m) (b) 1. a. , Stats.
    Proposed Amendment #2: Section 343.32 (2) , Stats.
    Explanation of agency authority
    Section 343.32 (2) (a) , Stats., permits the Secretary to suspend a person's operating privilege if the person appears by the records of the Department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. The Department has used a demerit point system to accomplish this end since 1958. The statute permits the Secretary adopt by rule a method of weighing traffic convictions by their seriousness and allows the Secretary to change that weighted scale "as experience or the accident frequency in the state makes necessary or desirable," though much flexibility in the system has been eliminated over the years by statutory amendment mandating specific assignment of demerit points, suspension of operating privileges at specific point levels and doubling of demerit point assessments for probationary drivers.
    Related statute or rule
    Section 343.085 (2m) (b) 1. a. , Stats. Only moving violations affect GDL restrictions.
    Plain language analysis
    The proposed rule makes the following changes to Wisconsin's demerit point system:
      For consistency with GDL restrictions and for administrative efficiency, amend ch. Trans 101 to eliminate demerit point repercussions for all parking offenses. Currently, DMV attempts to distinguish between parking offenses committed on and off highway roadways. Because the traffic code does not make such distinctions, DMV wastes resources trying to figure this out from extraneous information sources. Moreover, savvy defendants convince prosecutors and courts to "change the facts" in exchange for plea agreements.
    In addition, GDL restrictions cannot be extended for parking violations; Wis. Stat. s. 343.085(2m)(b)1.a. permits GDL extension only for "moving violations." Because DMV generally extends GDL restrictions for any offense that generates demerit points, the few parking offenses for which DMV assesses demerit points at present should be changed to non-point offenses.
      Permit demerit points assessed for serious traffic offenses that trigger suspensions of occupational licenses to be used in demerit point cases and potentially trigger a demerit point suspension in addition to the occupational license suspension.
    In general, DMV's rule currently attempts to use a violation in only one suspension or revocation case affecting the driver's operating privilege. Persons who commit serious traffic offenses on an occupational license can have than temporary occupational license suspended. Often, the occupational license is only valid for a short period of time, so any suspension or revocation of that temporary license is of negligible deterrent value. This rule proposes to allow the demerit point repercussions from committing an offense that results in an occupational license suspension or revocation to carry over and affect the person's regular operating privilege demerit point total.
    Comparison with federal regulations
    Driver improvement programs are state functions. There is no federal regulation in this area.
    Comparison with rules in adjacent states
    Michigan:
    Michigan does not assess demerit points for parking violations. Six or more unpaid parking tickets have zero demerit points. Michigan does not appear to distinguish between parking on and off of a highway.
    Minnesota:
    Minnesota law permits the state DOT to mask parking violations committed by CMV operators.
      171.163 COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.
      An agency, court, or public official in Minnesota shall not mask, defer imposition of judgment for, or allow an individual to enter into a diversion program that would prevent a conviction for a violation of a state or local traffic control law, except a parking violation , from appearing on the driving record of a holder of a commercial driver's license, when the violation is committed in any type of motor vehicle, or on the driving record of an individual who committed the violation in a commercial motor vehicle.
    Under MN GDL law, parking is not a "moving violation,"
      171.04 PERSONS NOT ELIGIBLE FOR DRIVERS' LICENSES.
      Subdivision 1. Persons not eligible. The department shall not issue a driver's license:
      (1) to any person under 18 years unless:
      (i) the applicant is 16 or 17 years of age and has not more than one conviction for a moving violation that is not crash related. "Moving violation" means a violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation;
    Parking violations are not reported to the MN DOT:
      171.16 COURT MAY RECOMMEND SUSPENSION.
      Subdivision 1. Court to report to commissioner. Every court having jurisdiction over offenses committed under any law of this state or ordinance of a political subdivision regulating the operation of motor vehicles, shall forward to the department, within ten days, a record of the conviction of any person in the court for a violation of any laws or ordinances, except parking violations and defective vehicle equipment or vehicle size or weight violations.
    Illinois:
    Demerit points are not assessed to parking violations and are not considered a moving violation. Parking violations do not appear on the driving record.
    Iowa:
    Parking violations are not countable offenses for demerit points. Improper parking on highway is not considered a moving violation (321.354(2)).
    Factual data and analytical methodologies
    This rule is proposed simply to bring DOT's administrative rule into compliance with statutory requirements. The analytical methodology consisted of reviewing the statutes described and DOT's current administrative rule, noting the inconsistency, and drafting the rule to conform to statutory requirements.
    Analysis and supporting documentation used to determine effect on small businesses
    This rule regulates individual behavior, not small businesses, and is proposed in order to bring DOT's existing regulations into conformity with existing statutes. Accordingly, there was no analysis or supporting documentation used. Staff simply noted that this proposal affects individual drivers and not businesses.
    Anticipated costs incurred by private sector
    The Department expects that there will be no fiscal impact on state or private sector revenues or liabilities.
    Small Business Impact
    The demerit point rule affects individual drivers and does not create or impose any regulation upon business.
    Small business regulatory review coordinator
    The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@wisconsin.gov , or by calling (414) 438-4585.
    Fiscal Estimate
    The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
    Agency Contact Person
    Reed McGinn
    DOT —Division of Motor Vehicles
    Citations and Withdrawal Section
    Room 305, P. O. Box 7917
    Madison, WI 53707-7917