Since the Bi-Partisan Campaign Reform Act of 2002 (BICRA), transfers of funds from a federal campaign committee to a state campaign committee had not been authorized under federal law. In November, 2004, Congress amended the Federal Election Campaign Act, (H.R. 4818, s.532(3) and 532(4), to permit the transfer of a federal candidate's campaign committee's funds to the candidate's state campaign committee, if state law permitted, and subject to the state law's requirements and restrictions.
Because of Congress' action in November, 2004, money which had not been available to a state committee under BICRA, and which might not have qualified for use for political purposes in a state campaign because of its source or because of other noncompliance with state law, could now be transferred to a state committee, if state law permitted. Wisconsin law, under the Board's current rule, ElBd 1.39, Wis. Adm. Code, allows for conversion of federal campaign committees, and their funds, to a state campaign committee without regard to the source of those funds and without regard to contribution limitations.
Restricting the use of such money to that money which has been contributed to the candidate's federal committee, under circumstances in which the contribution would have complied with Wisconsin law if it had been given directly to the Wisconsin campaign committee, is found to be in the public interest.
Publication Date:
February 3, 2005
Effective Date:
February 3, 2005*
Expiration Date:
July 3, 2005
Hearing Date:
May 18, 2005
* On February 9, 2005, the Joint Committee for Review of Administrative Rules suspended this emergency rule.
Insurance
Rules were adopted creating
ch. Ins 14, Wis. Adm. Code, relating to vehicle protection plans.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
The statute requiring these changes is effective on December 1, 2004. The length of the rulemaking process has not permitted OCI to finish promulgating the rule. This emergency implementation will allow vehicle protection businesses to start getting registered and selling their products. Many of these products are promoted as safety related such as glass etching, the “club," vehicle entry warning sirens and others. Consumer would then be able obtain the promoted safety benefits of these products as soon as the legislature permitted them.
Publication Date:
December 10, 2004
Effective Date:
December 10, 2004
Expiration Date:
May 9, 2005
Hearing Date:
January 11, 2005
Extension Through:
July 7, 2005
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Rules were adopted revising
s. NR 20.33 (5) (c), relating to the closure of sturgeon spearing on the Lake Winnebago system.
Finding of emergency
The Department of Natural Resources find that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety or welfare. The facts constituting this emergency are:
During the 2004 sturgeon spearing on Lake Winnebago, spearers harvested a record 1,303 sturgeon on opening day, exceeding the season harvest cap for adult female sturgeon. the spearing season lasted only two days and resulted in an overall harvest of 1,854 sturgeon. The total harvest included 822 males, 348 juvenile females, and 684 adult females, 509 of which came on opening day, exceeding the harvest cap of 425. Population reduction due to overharvest of lake sturgeon could take years to reverse given the life history of lake sturgeon.
Publication Date:
February 2, 2005
Effective Date:
February 2, 2005
Expiration Date:
July 2, 2005
Hearing Date:
February 23, 2005
Natural Resources (2)
(Environmental Protection - Water Regulation, Chs. NR 300—)
1.
Rules adopted revising
ch. NR 326, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swim rafts 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:
April 19, 2004
Effective Date:
April 19, 2004*
Expiration Date:
September 16, 2004
Hearing Date:
May 19, 2004
*On June 24, 2004, the Joint Committee for Review of Administrative Rules suspended this emergency rule.
2.
Rules adopted creating
ch. NR 328, subch. III, relating to shore erosion control on rivers and streams.
Finding of emergency
SECTION 2.
Finding. 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 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 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 as exempt from a permit, or under a general permit. There are no statutory exemptions for shore protection on rivers and streams. Without emergency rules to create general permits, all shore protection projects on rivers and streams require an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay projects that otherwise could go ahead with prescribed conditions established in a general permit.
To carry out the intention of Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish general permits to be in effect for the 2005 construction season, with specific standards for shore erosion control structures on rivers and streams.
Publication Date:
April 8, 2005
Effective Date:
May 1, 2005
Expiration Date:
September 28, 2005
Hearing Date:
May 16, 2005
Public Instruction
Rules adopted repealing
s. PI 24.02 (3) and repealing and recreating
subchapter II of chapter PI 24, relating to the payment of state aid under the student achievement guarantee in education (SAGE) 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:
Section
118.43 (6m), Stats., requires the department to promulgate rules to implement and administer the payment of state aid under s.
118.43 (6), Stats. Because the next deadline for pupil reporting requirements occurs in January 2005, the rule must take effect as soon as possible to give eligible schools enough notice to meet such requirements.
Publication Date:
December 20, 2004
Effective Date:
December 20, 2004
Expiration Date:
May 19, 2005
Hearing Date:
January 14, 2005
Regulation and Licensing
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
Extension Through:
July 1, 2005
Revenue
Rules adopted revising
s. Tax 18.07, relating to the assessment of agricultural land.
Finding of emergency
The Wisconsin Department of Revenue finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
Pursuant to s.
70.32 (2r) (c), the assessment of agricultural land is assessed according to the income that could be generated from its rental for agricultural use. Wisconsin Chapter
Tax 18 specifies the formula that is used to estimate the net rental income per acre. The formula estimates the net income per acre of land in corn production based on a 5-year average corn price per bushel, cost of corn production per bushel and corn yield per acre. The net income is divided by a capitalization rate that is based on a 50 year average interest rate for a medium-sized, 1-year adjustable rate mortgage and net tax rate for the property tax levy two years prior to the assessment year.
For reasons of data availability, there is a three-year lag in determining the 5-year average. Thus, the 2003 use value is based on the 5-year average corn price, cost and yield for the 1996-2000 period, and the capitalization rate is based on the 5-year average interest rate for the 1998-2002 period. The 2005 use value is to be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is to be based on the 2000-2004 period.
The data for the 1998-2002 period yields negative net income per acre due to declining corn prices and increasing costs of corn production. As a result, reliance on data for the 1998-2002 period will result in negative use values.
The department is issuing this emergency rule in order to ensure positive and stable assessments of agricultural land for 2005.
Publication Date:
December 29, 2004
Effective Date:
December 29, 2004
