(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
