This rule designates the following 12 AEAs, totaling just under 200,000 acres, in the following locations (the AEA's are specifically described by the maps shown in
Appendix A
to this rule):
AEA name
|
AEA Location (County and Town)
|
Antigo Flats AEA
|
Langlade County; Towns of Ackley, Antigo, Neva, Peck, Polar, Price and Rolling
|
Ashippun/Oconomowoc AEA
|
Dodge and Waukesha Counties; Towns of Ashippun and Oconomowoc
|
Bayfield AEA
|
Bayfield County; Town of Bayfield
|
Bloomer Area AEA
|
Chippewa County; Town of Bloomer
|
Cadott Area AEA
|
Chippewa County; Towns of Goetz and Delmar
|
La Prairie AEA
|
Rock County; Towns of La Prairie and Turtle
|
Maple Grove AEA
|
Shawano County; Town of Maple Grove
|
Rush River Legacy AEA
|
St. Croix County; Town of Rush River
|
Scuppernong AEA
|
Jefferson County; Towns of Cold Spring, Hebron, Palmyra and Sullivan
|
Squaw Lake AEA
|
Polk and St. Croix Counties; Towns of Alden, Farmington, Somerset and
Star Prairie
|
Town of Dunn AEA
|
Dane County; Town of Dunn
|
Windsor AEA
|
Dane County; Town of Windsor
|
Comparison with federal regulations
There are no federal programs comparable to the AEA program implemented by this rule. Over 15 states have "agricultural district" programs that bear some resemblance to the AEA program implemented by this rule, including the neighboring states of Illinois, Iowa, and Minnesota. However, each of those state programs has its own unique features.
None of the programs in other states is exactly comparable to the AEA program implemented by this rule, and some are more comparable to Wisconsin's farmland preservation zoning program. Some include limits on non-farm development, local planning requirements, right-to-farm protection, rewards for conservation practices, per acre property tax credits, and eligibility for participation in a conservation easement program.
Summary of data and analytical methodologies
DATCP evaluated AEA petitions in consultation with a panel that included independent reviewers. DATCP and the reviewers considered factors identified in ss.
91.84
and
91.86
, Stats., as well as a variety of other factors identified in the petition forms. Petitioners were invited to submit, and did submit, extensive data and information to support their petitions.
Environmental Impact
This rule, by itself, does not have a direct impact on the environment. This rule enables eligible farmers to enter into voluntary farmland preservation agreements with the state. Those agreements will have a positive effect on the environment by preserving agricultural land and promoting compliance with state soil and water standards.
This rule is not a "major action significantly affecting the quality of the environment," for purposes of s.
1.11
, Stats. No environmental impact statement is required under s.
1.11
, Stats. or ch.
ATCP 3
, Wis. Adm. Code.
Small Business Impact
This rule, by itself, does not have any direct impact on farmers or other business owners. The designation of an AEA does not control or restrict land use. However, farm owners in an AEA are eligible to enter into voluntary 15-year farmland preservation agreements with DATCP. That enables them to claim farmland preservation tax credits under s.
71.613
, Stats.
Participating farmers may claim a significant tax credit benefit for the 15-year term of their agreement ($5 per acre per year, or $10 per acre per year if the land is also covered by a certified farmland preservation zoning ordinance). The AEA designation may also help reassure farmers and investors that the affected area will remain in agricultural use. The AEA designation may encourage, and help focus, agricultural investment and development.
Farmers who choose to enter into farmland preservation agreements (in order to qualify for tax credits) may incur some costs to keep their land in agricultural use for 15 years, and to comply with state soil and water conservation requirements. Some of these farmers may already be complying with conservation standards. In any case, the decision to enter into a farmland preservation agreement is voluntary. The cost of compliance for participating (if any) may be outweighed by the tax credit benefit.
Many of the farmers who will benefit from this rule are "small businesses." This rule will have a positive effect on those small businesses. This rule will impose no new mandates on small business (farmland preservation agreements are entirely voluntary). This rule is not subject to the small business delayed effective date under s.
227.22 (2) (e)
, Stats.
Fiscal Estimate
As a result of this rule, farmers in the designated AEAs will be able to enter into voluntary farmland preservation agreements with DATCP. That will enable them to claim farmland preservation tax credits under s.
71.613
, Stats. For farms covered by agreements, farm owners may claim an income tax credit of $5.00 per acre. If the land is
also
covered by a certified farmland preservation zoning ordinance, the farm owner may claim a tax credit of $10.00 per acre. The tax credits, paid by the Wisconsin Department of Revenue, will be an annual cost to the State of Wisconsin. It is not possible to know exactly how many of the acres designated as an AEA will be entered into a farmland preservation agreement. An estimate of the cost of tax credits to the state assuming 40% of the acres are covered by an agreement can be found in the fiscal estimate.
The Department of Revenue will incur some added costs for personnel, supplies and services to process tax credit claim forms and pay the tax credits. However, those costs can likely be absorbed within DOR's current operating budget.
DATCP will incur some added costs to publish in the state newspaper and for personnel, supplies and services to enter into farmland preservation agreements with farmers in the designated AEAs. However, those costs will be relatively small and can be absorbed within DATCP's current operating budget.
Farmers claiming tax credits in the designated AEAs must comply with state soil and water conservation requirements. Counties monitor compliance, and may suspend a farmer's tax credit eligibility if the farmer fails to comply. Counties in which the AEAs are located may incur some additional costs for personnel, supplies and services to monitor conservation compliance by farmers claiming tax credits pursuant to farmland preservation agreements in the designated AEAs. In many instances, that cost can be absorbed within the counties' current operating budgets.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Coreen Fallat
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4625
Notice of Hearing
Financial Institutions — Banking
NOTICE IS HEREBY GIVEN That pursuant to s.
218.04 (7) (d)
and
227.11 (2)
, Stats., the Wisconsin Department of Financial Institutions, Division of Banking will hold a public hearing to consider a rule to revise section
DFI-Bkg 74.01
and to create section
DFI-Bkg 74.18
, relating to the exemption of health care billing companies from the definition of a collection agency.
Hearing Information
Date:
Thursday, August 26, 2010
Time:
2:00 p.m.
Location:
Department of Financial Institutions
345 W. Washington Avenue, 5
th
Floor
Madison, Wisconsin
Copies of Proposed Rule and Submittal of Written Comments
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@wisconsin.gov
.
A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org
.
Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Statute(s) interpreted
Statutory authority
Related statute or rule
Section
256.01 (3)
, Stats., provides the definition of "ambulance service provider" as used in this rule.
Explanation of agency authority
Pursuant to s.
218.04
, Stats., the department regulates collections agencies.
Summary of proposed rule
The objective of the rule is to renumber ss. DFI—Bkg 74.01(3) and DFI—Bkg 74.01(4); and create ss. DFI—Bkg 74.01(3), DFI—Bkg 74.01(5), DFI—Bkg 74.01(6) and DFI—Bkg 74.18, relating to the exemption of health care billing companies from the definition of a collection agency. The purpose of the rule is to provide definitions and requirements regarding this exemption. Pursuant to
2009 Wisconsin Act 404
, the legislature has determined that the definition of a collection agency as set forth in s.
218.04(1)(a)
does not include health care billing companies. The rule provides definitions related to this exemption. The rule also sets forth the criteria to qualify for an exemption as a health care billing company and certain requirements for the health care billing company to meet regarding the exemption.
Summary of and preliminary comparison with existing or proposed federal regulation
29 CFR s. 825.125
provides the definition of "health care provider" as used in this rule.
Comparison with rules in adjacent states
Illinois, Michigan, Minnesota and Iowa do have comparable rules.
Summary of factual data and analytical methodologies
Because the department regulates collection agencies for the state, the division could also rely on extensive staff expertise and experience in drafting regulations for these entities. The department is also experienced with health care billing companies as collection agencies because, until the enactment of
2009 Wisconsin Act 404
, the department licensed these companies as collection agencies.
Analysis and supporting documentation used to determine effect on small business
The rule removes health care billing companies from state regulation. The rule also provides clarity in setting forth the criteria to qualify for an exemption as a health care billing company and the requirements for the health care billing company to meet regarding the exemption.
Small Business Impact
The rule does not have a significant economic impact on small business.
Fiscal Estimate
The rule places no additional duties or burdens on state government, and hence has no affect on costs to it.
Contact Person
For substantive questions on the rule, contact:
Michael J. Mach, Administrator
Dept. of Financial Institutions, Division of Banking
P.O. Box 7876
Madison, WI 53707-7876
Notice of Hearing
Financial Institutions — Banking
Hearing Information
Date:
Thursday, August 26, 2010
Time:
9:00 a.m.
Location:
Department of Financial Institutions
345 W. Washington Avenue, 5
th
Floor
Madison, Wisconsin
Copies of Proposed Rule and Submittal of Written Comments
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, telephone (608) 267-1705, e-mail
mark.schlei@wisconsin.gov
.
A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org
.
Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Statute(s) interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Summary of proposed rule
The objective of the rule is to create ch. DFI—Bkg 75. The purpose of the rule is to establish clear standards and requirements for payday lenders; notice and other protections to payday lending customers; and database requirements for the secure entry, retention and transmission of customer information. The rule provides definitions; identifies transactions not deemed payday loans; lists prohibited practices; sets forth loan disclosure requirements; sets forth fees and interest, and addresses defaults; sets forth the calculations to be used to determine income; provides details on repayments and repayments loans; and provides for a database and the secure transmission of information regarding payday loans.
Comparison with federal regulations
None.
Comparison with rules in adjacent states
Illinois, Michigan, Minnesota and Iowa all now regulate payday lending.
Summary of factual data and analytical methodologies
In developing these rules, the department extensively reviewed payday lending laws in states across the country. The department also received input from payday lenders and consumer organizations. Because the department regulates licensed financial services for the state, the division could also rely on extensive staff expertise and experience in drafting regulations for these entities. The department is also experienced with payday loans and payday lending practices because the department licenses these lenders.
Analysis and supporting documentation used to determine effect on small business
The mandates addressed by the rule are the result of and set forth in
2009 Wisconsin Act 405
, and not by the rule. The rule does provide substantial clarity to the payday lending industry on the types of loans covered, and notice as to what practices are prohibited. The rule provides the industry with clear and itemized requirements for disclosures and repayment plans, and standard calculations for income determination. The rule provides for the safe and secure transmission of data, and the required information to be entered into the database. Permissible fees and interest are addressed, as well as default matters. Overall the information required by the rule should be readily available to payday lenders in the normal course of business. Standardizing requirements for disclosures, repayments and calculations provides both ease of transaction for the lenders and certainty for their practices. The fees, interest and default provisions likewise provide the same, and are
de minimis
in comparison with the overall operational costs and income of these entities. Overall the requirements of the rule are straight-forward for ease in compliance.
Small Business Impact
The rule itself does not have a significant economic impact on small business and should have a beneficial affect for both the business and consumer.
Fiscal Estimate
The fiscal effect may increase costs which may be possible to absorb within the agency's budget, and may increase existing revenues.
Contact Person
For substantive questions on the rule, contact:
Michael J. Mach, Administrator
Dept. of Financial Institutions, Division of Banking
P.O. Box 7876
Madison, WI 53707-7876
Notice of Hearing
Government Accountability Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f)
,
227.11 (2) (a)
,
227.16
, and
227.24 (4)
, Stats., the Government Accountability Board will hold a public hearing to consider adoption of an emergency and permanent rule to create section
GAB 1.91
, Wis. Adm. Code, relating to organizations making independent disbursements.
Hearing Information
Date:
August 30, 2010
Time:
9:45 a.m.
Location:
Government Accountability Board Office
212 E. Washington Avenue, 3rd Floor
Madison, Wisconsin
This public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact the person listed below.
Submittal of Written Comments
Comments are to be submitted to Government Accountability Board, Attn: Shane W. Falk, 212 E. Washington Avenue, 3rd Floor, P.O. Box 7984, Madison, Wisconsin 53707-7984, no later than
August 30, 2010.
Analysis Prepared by the Government Accountability Board
Statutes interpreted
Sections
11.01(4)
and
(18m)
,
11.05
,
11.055
,
11.06
,
11.09
,
11.10
,
11.12
,
11.14
,
11.16
,
11.19
,
11.20
,
11.21(16)
,
11.30
,
11.38
,
11.513
, Stats.
Statutory authority
Explanation of agency authority
Express rule-making authority to interpret the provisions of statutes the Board enforces or administers is conferred on it pursuant to s.
227.11(2)(a)
, Stats. In addition, s.
5.05(1)(f)
, Stats., provides that the Board may promulgate rules under ch.
227
, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.
In
Citizens United v. FEC
, 558 U.S. ___, (No. 08-205)(January 21, 2010), the United States Supreme Court greatly expanded the rights of organizations to engage in independent expenditures and strengthened the ability of the government to require disclosure and disclaimer of the independent expenditures. Pursuant to s.
5.05(1)
, the Board has the responsibility for the administration of campaign finance statutes in ch.
11
, Stats. Rules promulgated by the Board will ensure the proper administration of the campaign finance statutes and properly address the application of
Citizens United v. FEC
.
Related statute(s) or rule(s)
Chapter
11
, Stats., and Chapter
GAB 1
, Wis. Adm. Code.
Plain language analysis
Within the context of ch.
11
, Stats, the proposed order will provide direction to organizations receiving contributions for independent disbursements or making independent disbursements following the U.S. Supreme Court decision in
Citizens United v. FEC
, 558 U.S. ___, (No. 08-205)(January 21, 2010). The proposed rule enumerates registration, reporting, and disclaimer requirements of provisions of ch.
11
, Stats., which apply to organizations receiving contributions or making independent disbursements. Comporting with
Citizens United,
the proposed rule does not treat persons making independent disbursements as full political action committees or individuals under s.
11.05
, Stats., for the purposes of registration and reporting. With respect to contributions or in-kind contributions received, this proposed rule requires organizations to disclose only donations "made for" political purposes, but not donations received for other purposes.
Comparison with federal regulations
At the federal level, the FEC provides rules at
11 CFR 109.10
, which regulate persons who are not a committee and make independent expenditures. An independent expenditure statement and reports quarterly are required for any person making independent expenditures in excess of an aggregate $250.00 in a calendar year. If a person makes an independent expenditure of $10,000.00 or more, an independent expenditure statement and report must be filed within 48 hours of the expenditure. Any person making an independent expenditure of $1,000.00 or more within 20 days of an election must file an independent statement and report within 24 hours of the expenditure. The independent expenditure statement must include the identity of the person making the expenditure, any contributions received in excess of $200.00, and the candidate benefitted by the expenditure. In addition, a disclaimer is required for any communication resulting from an independent expenditure.
Comparison with rules in adjacent states
Illinois:
Section 5/9-1.5, Ill. Adm. Code, defines "expenditure" generally and to include an electioneering communication regardless of whether the communication is made in concert or cooperation with, or at the request, suggestion or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, or any of their agents. Sections 5/9-1.7 and 1.8, Ill. Adm. Code, define local and State political committees to include a candidate, individual, trust, partnership, committee, association, corporation, or any other organization or group of persons which accept contributions or make expenditures on behalf of or in opposition to a candidate and exceeding an aggregate of $3,000.00 in any 12 month period. Persons making independent expenditures in Illinois are by definition committees and subject to substantially similar registration, reporting, and disclaimer requirements as committees in Wisconsin.
Iowa:
Chapter
351
—4.27 of the Iowa Administrative Code sets forth requirements for registration and reporting of independent expenditures and it applies to any person, other than a candidate or registered committee, that makes one or more independent expenditures in excess of $100.00 in the aggregate. 351—4.27, Iowa Adm. Code. A person subject to filing an independent expenditure statement must identify the person making the expense and for whom it benefits. 351—4.27(2), Iowa Adm. Code. There is no requirement to file a statement of organization registering a committee or public disclosure reports. 351—4.27(7), Iowa Adm. Code. A disclaimer on communications is required. 351—4.27(6), Iowa Adm. Code.
Michigan:
Michigan statutes regulate independent expenditures, but the administrative rules do not specifically address them. Michigan Statutes s.
169.208
provides a definition for an "independent committee," which upon exceeding $500.00 in contributions or expenditures is subject to substantially similar registration, reporting, and disclaimer requirements as committees in Wisconsin.
Minnesota:
Minnesota statutes regulate independent expenditures, but the administrative rules do not specifically address them.
Summary of factual data and analytical methodologies
Adoption of the rule was predicated on state statutes and federal case law.
Analysis and supporting documentation used to determine effect on small businesses
The rule may have a minimal effect on small businesses that will participate in receiving contributions or making independent disbursements. The economic impact of this effect is minor. Businesses may have a filing fee of $100.00, if the amount of aggregate independent disbursements made in any year exceeds $2,500.00.
Small Business Impact
The creation of this rule may have a minimal effect on small businesses as explained above.
Initial regulatory flexibility analysis
The creation of this rule does not affect the normal operations of business.
Fiscal Estimate
The creation of this rule has minimal fiscal effect. There may be additional registrants filing reports with the Board and potentially additional enforcement actions that may require staff action. The extent of this potential fiscal impact is undetermined.
Text of Proposed Rule
SECTION 1. GAB 1.91 is created to read:
1.91 Organizations Making Independent Disbursements. (1) In this section:
(a) "Contribution" has the meaning given in s. 11.0 1(6), Stats.
(b) "Disbursement" has the meaning given in s.
11.01 (7)
, Stats.
(c) "Filing officer" has the meaning given in s.
11.01 (8)
, Stats.
(d) "Incurred obligation" has the meaning given in s.
11.01 (11)
, Stats.
(e) "Person" includes the meaning given in s.
990.01 (26)
, Stats.
(f) "Organization" means any person other than an individual, committee, or political group subject to registration under s.
11.23
, Stats.
(g) "Independent" means the absence of acting in cooperation or consultation with any candidate or authorized committee of a candidate who is supported or opposed, and is not made in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed.
(h) "Designated depository account" means a depository account specifically established by an organization to receive contributions and from which to make independent disbursements.
(2) A corporation, or association organized under ch.
185
or
193
, Stats., is a person and qualifies as an organization that is not prohibited by s.
11.38 (1) (a) 1.
, Stats., from making independent disbursements until such time as a court having jurisdiction in the State of Wisconsin rules that a corporation, or association organized under ch.
185
or
193
, Stats., may constitutionally be restricted from making an independent disbursement.
(3) Upon accepting contributions made for, incurring obligations for, or making an independent disbursement exceeding $25 in aggregate during a calendar year, an organization shall establish a designated depository account in the name of the organization. Any contributions to and all disbursements of the organization shall be deposited in and disbursed from this designated depository account. The organization shall select a treasurer for the designated depository account and no disbursement may be made or obligation incurred by or on behalf of an organization without the authorization of the treasurer or designated agents. The organization shall register with the board and comply with s.
11.09
, Stats., when applicable.
(4) The organization shall file a registration statement with the appropriate filing officer and it shall include, where applicable:
(a) The name, street address, and mailing address of the organization.
(b) The name and mailing address of the treasurer for the designated depository account of the organization and any other custodian of books and accounts for the designated depository account.
(c) The name, mailing address, and position of other principal officers of the organization, including officers and members of the finance committee, if any.
(d) The name, street address, mailing address, and account number of the designated depository account.
(e) The registration statement shall be signed by the treasurer for the designated depository account of the organization and shall contain a certification that all information contained in the registration statement is true, correct and complete.
(5) The designated depository account for an organization required to register with the Board shall annually pay a filing fee of $100.00 to the Board as provided in s.
11.055
, Stats.
(6) The organization shall comply with s.
11.05 (5)
, Stats., and notify the appropriate filing officer within 10 days of any change in information previously submitted in a statement of registration.
(7) An organization making independent disbursements shall file the oath for independent disbursements required by s.
11.06(7)
, Stats.
(8) An organization receiving contributions for independent disbursements or making independent disbursements shall file periodic reports as provided ss.
11.06
,
11.12
,
11.19
,
11.20
and
11.21 (16)
, Stats., and include all contributions received for independent disbursements, incurred obligations for independent disbursements, and independent disbursements made. When applicable, an organization shall also file periodic reports as provided in s.
11.513
, Stats.
(9) An organization making independent disbursements shall comply with the requirements of s.
11.30 (1)
,
(2) (a)
and
(d)
, Wis. Stats., and include an attribution identifying the organization paying for any communication, arising out of independent disbursements on behalf of or in opposition to candidates, with the following words: "Paid for by" followed by the name of the organization and the name of the treasurer or other authorized agent of the organization followed by "Not authorized by any candidate or candidate's agent or committee."
Agency Contact Person
Shane W. Falk, Staff Counsel
Government Accountability Board
212 E. Washington Avenue, 3
rd
Floor
P.O. Box 7984
Madison, WI 53707-7984
Phone: (608) 266-2094
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014
,
227.11
, and
227.24
, Stats., the Department of Natural Resources will hold public hearings on an emergency rule to revise Chapter
NR 10
, Wis. Adm. Code, relating to the use of archery deer hunting licenses. The State Natural Resources Board adopted this rule after public hearings on June 23, 2010. This hearing is being held on the emergency rule version, which the Board also adopted on June 23, 2010, in order to be able to implement the rule for the 2010 seasons.
Hearing Information
Date:
Monday, August 30, 2010
Time:
3:00 p.m.
Location:
Room G09, Natural Resources State Office
Building (GEF-2)
101 South Webster Street
Madison, Wisconsin
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 at the following Internet site:
http://adminrules.wisconsin.gov
. A personal copy of the proposed rule and fiscal estimate may be obtained from Scott Loomans by email or U.S. mail. Written comments on the proposed rule may be submitted by email to
scott.loomans@wisconsin.gov
or via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
August 30, 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.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. Deer populations are well below goal in much of northeast Wisconsin, causing great concern from hunters and others who value deer. This rule is one of the ways the department is trying to rebuild the populations there. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to approximately 250,000 archery deer hunters prior to the start of the season. These regulations must be legally in effect prior to printing nearly 1 million copies of the regulations publication. The timeline for the permanent version of this rule will not have it in effect in time for these deadlines.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
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 statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order. An identical, permanent version of this rule order is being promulgated at the same time that this emergency order is in effect.
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 that are established based on needs that are unique to that state's resources and public desires.
Summary of 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. Adm. 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.
Environmental Impact
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.
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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This proposed rule does not create license types or new license issuance procedures. It will require updating printed instructions on carcass tags which can be done when annual updates are made and will result in no fiscal impact. It is not anticipated that this change will have an impact on license sales because the harvest of antlered bucks is still allowed in all units statewide. The ability to harvest an antlered deer is, for most hunters, the primary feature of the archery deer hunting license. Additionally, the harvest of antlerless deer will still be allowed in most units.
State fiscal effect
None.
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.
Agency Contact Person
Scott Loomans
101 South Webster Street
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 267-2452
Notice of Proposed Rulemaking
Transportation
NOTICE IS HEREBY GIVEN that pursuant to the authority of s.
194.407 (1)
and
(3)
, Stats., as created by
2007 Wis. Act 20
, and according to the procedure set forth in s.
227.16 (2) (e)
, Stats., the Wisconsin Department of Transportation will adopt the following rule amending Chapter
Trans 178
without public hearing unless, within 30 days after publication of this notice on August 14, 2010, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P.O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@wisconsin. gov
. Copies of the proposed rule may also be obtained on the Department's administrative rules internet website at:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm
.
Submittal of Petition for Hearing
Questions or petitions for hearing should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P.O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@wisconsin. gov
.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
194.407
, Stats., authorizes the Department to implement and administer a unified registration system for motor carriers consistent with
49 USC 13908
and
14504a
, and to prescribe annual fees for that registration.
Related statute or rule
Plain language analysis
Chapter
Trans 178
establishes the fees to be charged under the Unified Carrier Registration (UCR) system, and establishes a method for counting the number of vehicles so that an entity knows whether it is required to register under UCR and, if so, which fee bracket applies to the entity.
The Federal Motor Carrier Safety Administration published in the Federal Register on April 27, 2010 a changed schedule of fees. As provided in s.
Trans 178.03(2)
, on May 6, 2010, the Department sent notice of the changed fees to the chairpersons of the standing committees of the legislature having jurisdiction over transportation. Neither committee chairperson notified the secretary of transportation within 14 working days after that notice that the committee had scheduled a meeting for the purpose of reviewing the fees. The Department implemented the new fees on May 27, 2010. The proposed rule replaces the prior fee schedule with the new fee schedule.
In addition, the proposed rule removes the reference to towed vehicles in the definition of commercial motor vehicle for the purposes of the UCR to conform to federal law. Originally, UCR included towed vehicles (trailers) in the definition of commercial motor vehicles for the purposes of UCR; subsequently, federal law eliminated towed vehicles from the definition.
Comparison with federal regulations
This proposed rule complies and is consistent with federal law and regulations pertaining to the Unified Carrier Registration system.
Comparison with rules in adjacent states
Michigan:
Michigan participates in UCR. Michigan charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Minnesota:
Minnesota participates in UCR. Minnesota charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Illinois:
Illinois participates in UCR. Illinois charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Iowa:
Iowa participates in UCR. Iowa charges the 2010 fees as required by federal law and regulation and the UCR Agreement.
Summary of factual data and analytical methodologies
This proposed rule is derived solely from federal law, federal regulation and Unified Carrier Registration Agreement, both of which are authorized by
49 USC 13908
and
14504a
and implement those sections. If Wisconsin does not follow federal law, federal regulation, and the Unified Carrier Registration Agreement, Wisconsin may not participate in the UCR program. If Wisconsin does not participate in the UCR program, Wisconsin will forfeit revenues from carrier registration pursuant to federal law.
Analysis and supporting documentation used to determine effect on small businesses
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any effect on small businesses is a result of federal law, federal regulation and the Unified Carrier Registration Agreement.
Small Business Impact
The fees charged under federal law, federal regulation, and Unified Carrier Registration Agreement will affect some small businesses by increasing the amount of annual registration fee. The new fee schedule increases all fees by just less than 96%. These fees are established under federal law at
49 CFR 367.20
but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us
, or by calling (414) 438-4585.
Fiscal Estimate
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any 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 is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The Unified Carrier Registration Agreement authorizes states to exempt solely intra-state carriers and qualified school buses from the registration fee, and the Department has made registration and payment of the fees optional for those entities.
Anticipated Costs Incurred By Private Sector
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any cost incurred by the private sector is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The fee schedule increases all fees by just less than 96%.
Text of Proposed Rule
SECTION 1. Trans 178.02 (2) is amended to read:
Trans 178.02 (2)
"Commercial motor vehicle," as defined in
49 USC 31101
, means a self-propelled
or towed
vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle meets any of the following criteria:
SECTION 2. Trans 178.03 (1) is amended to read:
Trans 178.03 (1) Except as provided in sub. (2), as provided in
49 CFR 367.20
, fees for registration year
2007
2010
and thereafter are as follows:
Bracket
|
Number of commercial motor vehicles owned or operated by exempt or non-exempt motor carrier, motor private carrier, or freight forwarder
|
Fee per company for exempt or non-exempt motor carrier, motor private carrier, or freight forwarder
|
Fee per company for broker or leasing company
|
B1
|
0-2
|
$
39
76
|
$
39
76
|
B2
|
3-5
|
$
116
227
|
$
39
76
|
B3
|
6-20
|
$
231
452
|
$
39
76
|
B4
|
21-100
|
$
806
1,576
|
$
39
76
|
B5
|
101-1,000
|
$
3,840
7,511
|
$
39
76
|
B6
|
1,001 and above
|
$
37,500
73,346
|
$
39
76
|
SECTION 3. Trans 178.04 (1) (a) 1. (note) is created to read:
Note: As stated in s.
Trans 178.02 (2)
, a commercial motor vehicle for purposes of UCR does not include a towed vehicle. Therefore, a carrier should exclude any towed vehicles reported on the MCS-150.
Agency Contact Person
Carson Frazier, Dept. of Transportation
P.O. Box 7911, Madison, WI 53707-7911
Phone: 608) 266-7857
e-mail:
carson.frazier@wisconsin. gov
