Submittal of Proposed Rules to Legislative
Council Clearinghouse
Please check the Bulletin of Proceedings — Administrative Rules
for further information on a particular rule.
Administration
On September 20, 2013, the Wisconsin Department of Administration submitted a proposed rule order to create Chapter
Adm 93
of the Wisconsin Administrative Code to the Wisconsin Legislative Council Rules Clearinghouse.
The statement of scope for this rule, SS
041-13
, was approved by the Governor on
April 15, 2013
, published in
Register No. 688
on
April 30, 2013
, and approved by Secretary Mike Huebsch on
May 15, 2013.
Analysis
Statutes Interpreted
:
s.16.309, Stats.
The objective of the rule is to set forth the criteria the department will use to administer the CDBG program.
Agency Procedure for Promulgation
A public hearing is required and will be scheduled at a future date. The organizational unit responsible for promulgation of the proposed rules is the Division of Housing.
Contact Person
If you have any questions regarding the proposed rule, please contact:
Mark Herman, Assistant Legal Counsel
Division of Legal Services
Department of Administration
101 E. Wilson Street, 10th Floor
Madison, WI 53702
(608) 267-7877
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # WM-11-13)
On September 26, 2013, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
024-13
, was approved by the Governor on
March 13, 2013
, published in
Register No. 687
on
March 30, 2013
, and approved by the Natural Resources Board on
April 24, 2013.
Analysis
Subject: 2012 Deer Trustee Report.
Department authority to conduct a variety of habitat and wildlife management activities is established in ss.
23.09 (2) (b)
,
(d)
,
(h)
,
(k)
,
(km)
, and
(p)
, Stats. These sections authorize rulemaking related to deer and deer habitat management and: plans and priorities for conservation, game refuges, cooperative forest protection, research, resources inventory, and disease control. These sections authorize many of the existing provisions of ch.
NR 1
(Natural Resources Board Policy), 11 (closed areas), 15 (game refuges), and 45 (use of department properties), Wis. Adm. Code.
Agency Procedure for Promulgation
Public hearings; followed by Natural Resources Board adoption; followed by legislative review.
Dates of Public Hearings: October 22, 23, 24, 29, 30, and 31, 2013.
Contact Person
Linda Haddix, Legal Services
(608) 266-1959
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # FH-01-12)
On September 30, 2013, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The REVISED scope statement for this rule, SS
006-12
, was approved by the Governor on
May 8, 2013
, published in Register Number 689 on
May 31, 2013
, and approved by the Natural Resources Board on
March 28, 2012.
Analysis
Administrative Code: ch.
NR 20
.
Subject: Fishing tournaments on inland, outlying, and boundary waters of Wisconsin.
This rule is being proposed to simplify and create more effective fishing tournament rules that should increase user satisfaction and address concerns about crowding, tournament associated fish mortality, and the spread of invasive species.
Agency Procedure for Promulgation
Three public hearings in Fitchburg, La Crosse, and Oshkosh; Natural Resources Board final adoption; Governor's Office of Regulatory Compliance final approval; followed by legislative review.
Dates of Public Hearings: October 30 in La Crosse; November 4 in Fitchburg; November 6 in Oshkosh.
Contact Person
Kate Strom Hiorns, Bureau of Fisheries Management
(608) 266-0828
Linda Haddix, Bureau of Legal Services
(608) 266-1959
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # FR-20-12)
On September 30, 2013, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The statement of scope for this rule, SS
055-12
, was approved by the Governor on
July 25, 2013
, published in
Register No. 680
on
August 14, 2013
, and approved by the Natural Resources Board on
October 24. 2012
.
Analysis
Statutes interpreted: ss.
23.09 (2) (intro)
,
23.091
,
23.11 (4)
,
23.17
,
23.175
,
23.22 (2) (a)
,
23.28 (3)
,
23.293
,
27.01 (2) (i)
and
(j)
, and
28.04 (2)
, Stats.
Subject: Regulation of firewood that may be brought onto state lands.
The Wisconsin Natural Resources Board proposes an order to amend s.
NR 45.045 (2) (a)
and
(b)
, decreasing the distance from which firewood may be brought onto state lands from 25 to 10 miles and allowing wood from out of state to enter state lands if originating within 10 miles.
Agency Procedure for Promulgation
Public hearings; followed by Natural Resources Board adoption; followed by legislative review.
Date of Public Hearing: October 29, 2013.
Contact Person
Linda Haddix, Legal Services
(608) 266-1959
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # FH-25-12)
On October 1, 2013, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The statement of scope for this rule, SS
003-12
, was approved by the Governor on
December 28, 2012
, published in
Register No. 685
on
January 31, 2013
, and approved by the Natural Resources Board on
February 27, 2013
.
Analysis
Administrative Code: ch.
NR 25
.
Subject: Number, placement, and removal of commercial fishing trap nets in the Restricted Use Area of Lake Superior.
This rule is being proposed to define the number and placement of trap nets for commercial fishing activity in the Restricted Use Area of Lake Superior, which is bounded by the Bayfield Ferry line, a line between Houghton Point and Long Island Point, and a line between Long Island Point and the southernmost point on Madeline Island.
Agency Procedure for Promulgation
Date of Public Hearing: November 7, 2013 in Bayfield.
Contact Person
Kate Strom Hiorns, Bureau of Fisheries Management
(608) 266-0828
Linda Haddix, Bureau of Legal Services
(608) 266-1959
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400—
(DNR # AM-21-12)
On September 27, 2013, the Department of Natural Resources submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The statement of scope for this rule, SS
066-12
, was approved by the Governor on
August 30, 2012
, published in
Register No. 681
, on
September 15, 2012
, and approved by the Natural Resources Board on
October 25, 2012
.
Analysis
Subject: Proposed rules related to consistency with federal major new stationary source permit review requirements and clean-up of rules related to the former indirect source permit program.
The main focus of the proposed rules is to correct deficiencies in chs.
NR 405
and
408
identified by the U.S. Environmental Protection Agency (EPA) and which resulted in disapproval of select portions of the Department's State Implementation Plan (SIP). These corrections are required by the U.S. EPA to ensure that the Department implements the major new stationary source review permit programs consistent with the Clean Air Act and U.S. EPA requirements. Failure to maintain consistency may lead to the promulgation of a federal implementation plan (FIP), whereby the U.S. EPA can take back implementation authority for a portion of a state's permit program.
The Department is also proposing to repeal portions of chs.
NR 400
and
410
, relating to the former indirect source permit program. The Department previously operated an indirect source permit program under ch. NR 411, as previously authorized in s. 285.60, Stats. Chapter NR 411 was repealed through legislative action under
2011 Wisconsin Act 121
. The Department is proposing to repeal rules in chs.
NR 400
and
410
, which previously had the sole purpose of supporting the indirect source permit program.
Agency Procedure for Promulgation
Public hearings; Natural Resources Board final adoption; Governor approval; followed by legislative review.
Date of Public Hearing: November 5, 2013.
Contact Person
Linda Haddix, Legal Services
(608) 266-1959
Revenue
On September 27, 2013, the Wisconsin Department of Revenue submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
044-13
, was approved by the Governor on
April 17, 2013
, published in
Register No. 689
on
May 14, 2013,
and approved by the Secretary of Revenue on
May 24, 2013.
Analysis
The proposed rule order concerns apportionment of apportionable income of interstate air freight forwarders affiliated with a direct air carrier.
Agency Procedure for Promulgation
A public hearing on the proposed rule is required and has been scheduled for October 28, 2013.
The Office of the Secretary is primarily responsible for the promulgation of the proposed rule.
Contact Person
If you have questions, please contact:
Dale Kleven
Income, Sales and Excise Tax Division
Telephone: (608) 266-8253
Safety and Professional Services
Professional Services, Chs. SPS 1-299
On September 27, 2013, the Department of Safety and Professional Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
022-13
was approved by the Governor on
March 6, 2013
, published in
Register No. 687
on
April 1, 2013
, and approved by the Department of Safety and Professional Services on
April 15, 2013
.
Analysis
This proposed rule-making order revises chs.
SPS 1
,
2
, and
8
, and relates to hearings, injunctions, and warnings.
Agency Procedure for Promulgation
A public hearing is required and will be held on October 30, 2013, at 1400 East Washington Avenue, Room 121C, Madison, Wisconsin (enter at 55 North Dickinson Street).
Contact Person
Katie Paff
Department of Safety and Professional Services
Division of Policy Development
Telephone: (608) 261-4472
Safety and Professional Services —
Dentistry Examining Board
On September 27, 2013, the Dentistry Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
070-13
, was approved by the Governor on
June 19, 2013
, published in
Register No. 691
on
July 15, 2013
, and approved by the Dentistry Examining Board on
May 30, 2013
.
Analysis
Agency Procedure for Promulgation
A public hearing is required and will be held on November 6, 2013, at 9:30 a.m. at 1400 East Washington Avenue, Room 121A, Madison, Wisconsin (enter at 55 North Dickinson Street).
Contact Person
Jean MacCubbin
Department of Safety and Professional Services
Division of Policy Development
Phone: (608) 266-0955
Safety and Professional Services —
Pharmacy Examining Board
On September 27, 2013, the Pharmacy Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
094-12
, was approved by the Governor on
December 4, 2012
, published in
Register No. 684
on
December 31, 2012
, and approved by the Pharmacy Examining Board on
January 31, 2012
.
Analysis
Agency Procedure for Promulgation
A public hearing is required and will be held on October 30, 2013, at 1400 East Washington Avenue, Room 121, Madison, Wisconsin (enter at 55 North Dickinson Street).
Contact Person
Sharon Henes, Administrative Rules Coordinator
Department of Safety and Professional Services
Division of Policy Development
(608) 261-2377
Safety and Professional Services —
Pharmacy Examining Board
On September 27, 2013, the Pharmacy Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
095-12
, was approved by the Governor on
December 4, 2012
, published in
Register No. 684
on
December 31, 2012
, and approved by the Pharmacy Examining Board on
January 31, 2012.
Analysis
Agency Procedure for Promulgation
A public hearing is required and will be held on October 30, 2013, at 1400 East Washington Avenue, Room 121, Madison, Wisconsin (enter at 55 North Dickinson Street).
Contact Person
Sharon Henes, Administrative Rules Coordinator
Department of Safety and Professional Services
Division of Policy Development
(608) 261-2377
Safety and Professional Services —
Real Estate Examining Board
On September 27, 2013, the Real Estate Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
081-12
, was approved by the Governor on
October 2, 2012
, published in
Register No. 682
on
November 1, 2012
, and approved by the Real Estate Examining Board on
August 16, 2012.
Analysis
This proposed rule-making order repeals ss.
REEB 18.08
,
18.11 (2)
,
18.12
, and
18.12
(Note); renumbers and amends s.
REEB 18.11 (1)
as s.
REEB 18.11 (intro.)
; amends ss.
REEB 18.01
(title),
18.02 (5) (intro.)
,
(a)
, and
(b)
,
18.02 (6) (intro.)
and
(a)
to
(g)
,
18.031 (1) (intro.)
,
(a)
, and
(b)
,
18.033
(title) and
(2)
,
18.035 (2)
,
18.037 (intro.)
and (Note), 18.06, 18.09 (1) (intro.) and (a) to (f), and 18.13 (1) (intro.), (a) to (d), (2) to (4), and (6) (e); repeals and recreates ss.
REEB 18.02 (1)
and
18.10
; and creates ss.
REEB 18.02 (intro.)
(Note), 18.02 (1e) and (Note), 18.02 (4) and (Note), 18.034 (1) (title), and 18.10, relating to real estate trust accounts.
Agency Procedure for Promulgation
A public hearing is required and will be held on October 31, 2013, at 10:00 a.m. at 1400 East Washington Avenue, Room 121A, Madison, Wisconsin (enter at 55 North Dickinson Street).
Contact Person
Jean MacCubbin
Department of Safety and Professional Services
Division of Policy Development
Telephone: (608) 266-0955
Safety and Professional Services —
Real Estate Examining Board
On September 27, 2013, the Real Estate Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
The scope statement for this rule, SS
082-12
, was approved by the Governor on
October 2, 2012
, published in
Register No. 682
on
November 1, 2012
, and approved by the Real Estate Examining Board on
November 15, 2012.
Analysis
This proposed rule-making order repeals s.
REEB 16.03 (2)
(Note); renumbers s.
REEB 16.02 (1)
as s.
REEB 16.02 (1e)
; amends ss.
REEB 16.02 (3)
,
16.03 (1) (intro.)
,
(a)
, and
(b)
,
16.03 (2)
,
16.05 (1)
and
(2)
,
16.06 (1) (intro.)
,
(a)
,
(b)
,
(e)
, and
(f)
,
16.06 (4) (intro.)
,
(a)
, and
(b)
,
16.06 (5) (intro.)
and
(a)
to
(c)
, and
16.06 (6)
and
(7)
; and creates ss.
REEB 16.02 (1)
and (Note), (1m), (2e), (2m), (2r), (3m), and (4m), 16.03 (3), (Note [1]), and (Note [2]), and 16.06 (8), relating to use of approved forms and legal advice.
Agency Procedure for Promulgation
A public hearing is required and will be held on October 31, 2013, at 10:00 a.m. at 1400 East Washington Avenue, Room 121A, Madison, Wisconsin (enter at 55 North Dickinson Street).
Contact Person
Jean MacCubbin
Department of Safety and Professional Services
Division of Policy Development
Telephone: (608) 266-0955
Workforce Development
Unemployment Insurance, Chs. DWD 100-150
The Wisconsin Department of Workforce Development announces it has referred the following proposed rule on October 1, 2013, to the Wisconsin Legislative Council Rules Clearinghouse, pursuant to s.
227.15
, Stats.
The scope statement for this rule, SS
097-13
, was approved by the Governor on
August 1, 2013.
Analysis
Subject: Unemployment Insurance work registration, work search, and benefit claiming procedures.
Agency Procedure for Promulgation
The department will hold a public hearing at three locations on this rule on November 4, 2013, in Milwaukee, Appleton, and Madison.
Contact Person
The department's Division of Unemployment Insurance is primarily responsible for this rule. If you have questions, you may contact Janell Knutson at telephone (608) 266-1639 or by e-mail at
janell.knutson@dwd.wi.gov
.
