Unclear wording of exemptions currently puts property owners, contractors and consultants at risk of violation. Without clear procedures and standards established by emergency rule, many more people may request exemption determinations, slowing the decisions on individual permit applications.
Wording of exemptions and temporary grading jurisdiction puts lakes and streams at risk. Without standards as intended and described in the new law, exempted activities and grading along shorelines will cause inadvertent but permanent destruction of fish and wildlife habitat, loss of natural scenic beauty and reduced water quality. Rights of neighboring property owners may also be harmed. Cumulatively over one or two construction seasons, these impacts will have immediate and permanent effects on Wisconsin's water-based recreation and tourism industry.
To carry out the intention of the Legislature that
2003 Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish definitions, procedures and substantive standards for exemptions, general permits and jurisdiction under the new law.
Publication Date:
August 24, 2004
Effective Date:
August 24, 2004
Expiration Date:
January 21, 2005
Hearing Date:
September 28, 2004
9.
Rules adopted revising
ch. NR 345, relating to dredging in navigable waterways.
Finding of emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The Wisconsin Legislature recently enacted
2003 Wisconsin Act 118, to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the new law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
2003 Act 118 identifies certain activities that may be undertaken in public trust waters exempt from a permit, or under a general permit. Certain activities may not be undertaken in waters that are defined as “areas of special natural resource interest" or at other locations where the activity would cause detrimental impacts on public rights and interests in navigable waters. Without emergency rules to aid in administering the new law, the following severe problems will occur:
Until general permits are created by rule, any activity which is not exempt requires an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay hundreds of construction projects that otherwise could go ahead with specified conditions for protecting lakes and streams (for example, all new riprap and culvert applications currently require public notices).
Unclear wording of exemptions currently puts property owners, contractors and consultants at risk of violation. Without clear procedures and standards established by emergency rule, many more people may request exemption determinations, slowing the decisions on individual permit applications.
Wording of exemptions and temporary grading jurisdiction puts lakes and streams at risk. Without standards as intended and described in the new law, exempted activities and grading along shorelines will cause inadvertent but permanent destruction of fish and wildlife habitat, loss of natural scenic beauty and reduced water quality. Rights of neighboring property owners may also be harmed. Cumulatively over one or two construction seasons, these impacts will have immediate and permanent effects on Wisconsin's water-based recreation and tourism industry.
To carry out the intention of the Legislature that
2003 Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish definitions, procedures and substantive standards for exemptions, general permits and jurisdiction under the new law.
Publication Date:
August 24, 2004
Effective Date:
August 24, 2004
Expiration Date:
January 21, 2005
Hearing Date:
September 28, 2004
10.
Rules adopted repealing
s. NR 340.02 (2), (8) and (19) and to creating
ch. NR 341, relating to regulation of grading on the bank of a navigable waterway.
Finding of emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The Wisconsin Legislature recently enacted
2003 Wisconsin Act 118, to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the new law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
Act 118 identifies certain activities that may be undertaken in public trust waters exempt from a permit, or under a general permit. Certain activities may not be undertaken in waters that are defined as “areas of special natural resource interest" or at other locations where the activity would cause detrimental impacts on public rights and interests in navigable waters. Without emergency rules to aid in administering the new law, the following severe problems will occur:
• Until general permits are created by rule, any activity which is not exempt requires an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay hundreds of construction projects that otherwise could go ahead with specified conditions for protecting lakes and streams.
• Wording of exemptions and temporary grading jurisdiction puts lakes and streams at risk. Without standards as intended and described in the new law, exempted activities and grading along shorelines will cause inadvertent but permanent destruction of fish and wildlife habitat, loss of natural scenic beauty and reduced water quality. Rights of neighboring property owners may also be harmed. Cumulatively over one or two construction seasons, these impacts will have immediate and permanent effects on Wisconsin's water-based recreation and tourism industry.
To carry out the intention of the Legislature that Act 118 will speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish definitions, procedures and substantive standards for general permits and jurisdiction under the new law.
Publication Date:
May 19, 2004
Effective Date:
May 19, 2004
Expiration Date:
October 16, 2004
Hearing Date:
June 16, 2004
Extension Through:
February 12, 2005
11.
Rules adopted creating
ch. NR 310, relating to procedures for exemptions, general permits and individual permits for activities in navigable waterways.
Finding of emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The Wisconsin Legislature recently enacted
2003 Wisconsin Act 118, to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the new law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
2003 Act 118 identifies certain activities that may be undertaken in public trust waters exempt from a permit, or under a general permit. Certain activities may not be undertaken in waters that are defined as “areas of special natural resource interest" or at other locations where the activity would cause detrimental impacts on public rights and interests in navigable waters. Without emergency rules to aid in administering the new law, the following severe problems will occur:
• Until general permits are created by rule, any activity which is not exempt requires an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay hundreds of construction projects that otherwise could go ahead with specified conditions for protecting lakes and streams (for example, all new riprap and culvert applications currently require public notices).
• Unclear wording of exemptions currently puts property owners, contractors and consultants at risk of violation. Without clear procedures and standards established by emergency rule, many more people may request exemption determinations, slowing the decisions on individual permit applications.
• Wording of exemptions and temporary grading jurisdiction puts lakes and streams at risk. Without standards as intended and described in the new law, exempted activities and grading along shorelines will cause inadvertent but permanent destruction of fish and wildlife habitat, loss of natural scenic beauty and reduced water quality. Rights of neighboring property owners may also be harmed. Cumulatively over one or two construction seasons, these impacts will have immediate and permanent effects on Wisconsin's water-based recreation and tourism industry.
Publication Date:
August 24, 2004
Effective Date:
August 24, 2004
Expiration Date:
January 21, 2005
Hearing Date:
September 28, 2004
Public Instruction
Rules were adopted revising
ch. PI 35, relating to financial reporting requirements under the Milwaukee Parental Choice Program.
Finding of emergency
The Department of Public Instruction finds an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
Per
2003 Wisconsin Act 15, the provisions under the rule must take effect beginning in the 2004-05 school year. Because some of the reporting requirements must be made by August 1, the rule must be in place as soon as possible to give the private schools enough notice to meet such requirements.
Publication Date:
June 30, 2004
Effective Date:
June 30, 2004
Expiration Date:
November 27, 2004
Hearing Date:
September 13, 2004
Extension Through:
January 25, 2005
Regulation and Licensing (2)
Exemption from finding of emergency
SECTION 4, Nonstatutory provisions., of
2003 Wisconsin Act 151 states: “(1) The department of regulation and licensing may, using the procedure under section
227.34 of the statutes, promulgate the rules under section
440.03 (13) (b) of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section
227.24 (1) (c) and
(2) of the statutes. Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection."
Analysis prepared by the Department of Regulation and Licensing
This emergency rule is promulgated pursuant to
2003 Wisconsin Act 151. Act 151 was created in response to federal Public Law 92-544, which required authorization by state statute to continue the FBI's policy of honoring state requests for criminal background reports.
Act 151 modifies the authority of the Department of Regulation and Licensing to conduct criminal background checks of applicants and requires rule-making by the Department to conduct investigations whether an applicant for or holder of any credential issued by the Department has been charged with or convicted of a crime. The emergency rule preserves the ability of the Department to continue its practice of conducting criminal background investigations of applicants and credential holders.
Publication Date:
July 3, 2004
Effective Date:
July 3, 2004
Expiration Date:
November 30, 2004
Hearing Date:
October 1, 2004
Extension Through:
January 28, 2005
2.
Rules adopted creating
ch. RL 150 to 154, relating to the licensure and regulation of athlete agents.
Exemption from finding of emergency
(2) The department of regulation and licensing may, using the procedure under section
227.24 of the statutes, promulgate the rules under section
440.9935 of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section
227.24 (1) (c) and
(2) of the statutes. Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide findings of emergency for rules promulgated under this subsection.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: s.
227.11 (2), Stats., and ss.
440.99,
440.991,
440.915,
440.992,
440.9925,
440.993,
440.9935,
440.994,
440.9945,
440.995,
440.9955,
440.996,
440.9975,
440.998 and
440.999, Stats., as created by
2003 Wisconsin Act 150.
Statutes interpreted: Chapter
440, Subchapter XII.
This emergency rule is promulgated pursuant to
2003 Wisconsin Act 150. This Act grants the Department of Regulation and Licensing the authority to create rules relating to the licensure and regulation of athlete agents.
In this order adopting emergency rules the Department of Regulation and Licensing creates rules relating to the licensure of athlete agents. These rules are as a result of
2003 Wisconsin Act 150 which enacted the Uniform Athlete Agents Act. Chapters
RL 150 to
154 establish requirements and standards for registration and the practice of registered athlete agents. The rules specify the registration requirements for temporary and permanent registration, renewal requirements, and prohibited conduct for athlete agents.
SECTION 1 creates Chapter
RL 150 which sets forth the statutory authority and the definitions for the proposed rules.
SECTION 2 creates Chapter
RL 151 which sets forth the application process and requirements for an initial certificate of registration, including the application process for a temporary certificate of registration.
SECTION 3
creates Chapter
RL 152 which sets forth the application process and requirements for renewal of a certificate of registration.
SECTION 4 creates Chapter
RL 153 which outlines the standards of practice which apply to a credential holder.
SECTION 5
creates Chapter
RL 154 which defines unprofessional conduct.
Publication Date:
October 5, 2004
Effective Date:
October 5, 2004
Expiration Date:
March 4, 2005
Hearing Date:
November 12, 2004
Revenue (2)
1. Rules adopted creating
s. Tax 2.99, relating to the dairy investment credit.
Finding of emergency
The Department of Revenue finds that an emergency exists and that the attached rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to clarify the following terms as they apply to the dairy investment credit:
•
“amount the claimant paid in the taxable year,"
•
“dairy farm modernization or expansion,"
