Rule-Making Notices
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
NOTICE IS HEREBY GIVEN that pursuant to section
560.033 of the Statutes, the Department of Commerce will hold a public hearing on emergency rules and proposed permanent rules to create Chapter
Comm 137, relating to reallocations for recovery zone facility bonds, and affecting small businesses.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
May 13, 2010
Thursday
At 10:00 a.m.
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Thompson Commerce Center
Third Floor
201 West Washington Avenue
Madison, Wisconsin
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This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the emergency rules and proposed permanent rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until May 17, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing.
E-mail comments should be sent to sam.rockweiler@ wi.gov. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Emergency Rules and Proposed Permanent Rules
The emergency rules and proposed permanent rules and an analysis of the rules are available on the Internet by entering “Comm 137" in the search engine at the following Web site:
https://health.wisconsin.gov/admrules/public/Home. Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at
sam.rockweiler@wi.gov, or at telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department. Section
560.033 (1) of the Statutes directs the Department to establish by rule, a system for reallocating waived allocations for recovery zone facility bonds — as defined under
26 USC 1400U-3(b)(1) — to the authorities and local governmental units which are defined in section
66.1104 (1) (a) and
(b) of the Statutes. Section
560.033 (3) of the Statutes authorizes the Department to place any condition on these reallocations that the Department deems is in the best interest of the State.
Related statute or rule
Chapter
Comm 113 contains rules relating to allocating volume cap on tax-exempt private activity bonds for manufacturing and housing, pursuant to
26 USC 146.
Chapter
Comm 136 establishes a procedure by which the Governor can designate tax-exempt Midwestern disaster area bonds that can be issued by, or on behalf of, the State or any political subdivision thereof, under the federal Heartland Disaster Tax Relief Act of 2008. These are private activity bonds that are designed to facilitate the recovery and rebuilding of areas which were declared major disaster areas in 2008.
Plain language analysis
The rules in this order establish a system for reallocating all of the federal recovery zone facility bond allocations that are not used by June 1, 2010, to the authorities and local governmental units which are defined in section
66.1104 (1) (a) and
(b) of the Statutes, as created in
2009 Wisconsin Act 112. This reallocation system includes deadlines that are designed to result in complete use of the federal bond allocation prior to its expiration on December 31, 2010.
Comparison with federal regulations
Current federal law, including the American Recovery and Reinvestment Act of 2009 (ARRA), authorizes certain local governments to issue several different types of tax-exempt bonds, including recovery zone facility bonds. The amount of bonds that may be issued is limited. Through each State, the ARRA allocates to counties, and to cities with a population of at least 100,000, the limited amount of recovery zone facility bonds that may be issued. The ARRA also authorizes these counties and cities to then waive some or all of their allocation, in which case the State in which the local units are located may reallocate the waived allocation to other units of government in that State.
Comparison with rules in adjacent states
Minnesota, Illinois, Iowa and Michigan have not yet promulgated any rules relating to counties or cities waiving allocations for recovery zone facility bonds. As a result, each county or city within those States may have developed their own requirements or guidelines for utilizing their portion of the State's recovery zone facility bond allocation.
Summary of factual data and analytical methodologies
The data and methodology for developing these rules were derived from and consisted of (1) reviewing
2009 Wisconsin Act 112 and the corresponding criteria in section 1401 of the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5; and (2) incorporating applicable best practices the Department has developed in administering similar programs for economic development and business development.
Analysis and supporting documents used to determine effect on small business
The primary documents that were used to determine the effect of the rules on small business were
2009 Wisconsin Act 112 and the corresponding criteria in section 1401 of the federal American Recovery and Reinvestment Act of 2009.
No economic impact report was prepared.
Small Business Impact
The rules are expected to result in only beneficial effects on small business because the rules only address tax-exempt private activity bonds that allow businesses to finance certain depreciable capital projects in areas which are designated by the bond issuers as having significant poverty, unemployment, rate of home foreclosures, or general distress.
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
Any business choosing to pursue tax-exempt private activity bonds that are designed to finance certain depreciable capital projects in areas which are designated by the bond issuers as having significant poverty, unemployment, rate of home foreclosures, or general distress.
Reporting, bookkeeping and other procedures required for compliance with the rules.
An application form prescribed by the Department must be completed and submitted to the Department by any authority or local governmental unit, as defined in section
66.1104 (1) (a) and
(b) of the Statutes, that desires to receive a reallocation of the bonding authority.
Types of professional skills necessary for compliance with the rules.
No new professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Environmental Impact
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Although the rules will result in review of documentation relating to reallocations for recovery zone facility bonds, the time needed for these reviews is expected to be spent by current employees. Therefore, the proposed rules are not expected to have any significant fiscal effect on the department.
The proposed rules are not expected to impose any significant costs on the private sector because the rules address submittal of documentation, and other activities, only by governmental units that choose to pursue obtaining recovery zone facility bonding authority which is reallocated by the Department.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None known.
Agency Contact Person
Steven Sabatke
Wisconsin Department of Commerce
Bureau of Business Finance and Compliance
P.O. Box 7970
Madison, WI, 53707-7970
Phone: (608) 267-0762
Notice of Hearing
(2nd Hearing)
Health Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.45 (2) (a) 11.,
(10) and
(42) and
227.11 (2), Stats., the Department of Health Services will hold a
second public hearing on emergency and proposed permanent rules to consider revisions to Chapters
DHS 105,
106 and
133 (no additional changes are being proposed for chs.
DHS 106 and
133), relating to Medical Assistance certification for personal care agencies and providers, and affecting small businesses.
The Department of Health Services is conducting a second public hearing on chs. DHS 105, 106 and 133 to give the public an opportunity to comment on additional proposed revisions to s. DHS 105.17 (1f) and (5) (ar). The proposed provisions would, under certain circumstances, require separate approval of a branch office from the parent agency and would require counties, Independent Living Centers (ILC) and federally recognized American Indian tribes or bands to provide identifying information about the personal care provider and contract agencies. For further explanation, see the analysis prepared by the Department of Health Services, listed in the “Plain language analysis" and the “Analysis and supporting documents used to determine effect on small business" sections in this public hearing notice.
No additional changes or amendments have been made to the initial proposed rule. The Department will respond to comments received from the February 3, 2010, hearing and the second public hearing scheduled for May 12, 2010, at one time, in one document. Comments received from both public hearings will be given equal consideration. Changes made to the proposed rule by the Department in response to public comments will be published on the Wisconsin Administrative Rules website.
Hearing Information
Date and Time:
|
Location:
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May 12, 2010
10:00 a.m. – 12:00 p.m.
|
Dept. of Health Services
Wilson State Office Building
1 West Wilson Street
Room 950B
Madison, Wisconsin
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Pat Benesh at (608) 264-9896. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Pat Benesh al número (608) 264-9896. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Pat Benesh ntawm (608) 264-9896. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Proposed Rules
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov or by contacting:
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Submittal of Written Comments
Comments may be submitted to the agency contact person listed above or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until
May 13, 2010, 4:30 p.m.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
49.45 (2) (a) 11., Stats., authorizes the department to establish criteria for certification of providers of Medical Assistance, certify providers who meet certification criteria and promulgate rules to implement the statute.
Section
49.45 (10), Stats., authorizes the department to promulgate rules consistent with its duties in administering Medical Assistance, including its duties relating to reimbursement for personal care services by certified providers.
Section
49.45 (42) (c), Stats., allows the department to charge a fee to certify a provider of personal care services that is not an independent living center (ILC), county department, a federally recognized American Indian tribe or band in Wisconsin or a licensed home health agency.
Section
227.11 (2) (a), Stats., allows agencies to promulgate rules interpreting the provision of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
The department proposes standards by which to certify freestanding personal care agencies, county departments, home health agencies, federally recognized American Indian tribe or band in Wisconsin, and ILCs as personal care providers. The proposed rules includes certification requirements for persons that want to directly bill and be reimbursed by the Medical Assistance program for the personal care services provided to recipients of Medical Assistance. The rules include new provisions that all personal care providers must follow. The new provisions are:
•
Provide employee orientation, evaluation and health screening, including tuberculosis.
•
Train staff regarding infection control and prevention.
•
Provide client rights, including determination of client appropriateness for service, provisions of rights and notice of how to file a complaint with the department.
•
Require a service agreement and a notice and criteria for discharge.
•
Promptly notify the physician of a significant change in condition.
Since the first public hearing that was held on February 3, 2010, the Department made additional proposed revisions to s.
DHS 105.17.
Based on experience with other programs that provide services to clients statewide, the Department proposes under s.
DHS 105.17 (5) (ar) to require separate approval of branch offices if the Department determines that the branch office, because the volume of services provided or the distance between the branch office and the parent agency, cannot adequately share supervision and administration with the parent agency.
Additionally, the Department proposes under s.
DHS 105.17 (1f) to require counties, ILCs and tribes or bands to provide identifying information about the personal care provider and those agencies and individuals that provide Medicaid personal care services through a contract with the provider.
This data base will allow the Department to organize, store and retrieve information about personal care services provided in Wisconsin for various reporting and planning activities. The proposal does not affect home health agencies because the Department already collects this information from home health agencies through the license process and annual report process.
Comparison with federal regulations
Section
440.167 of 42 CFR contains the requirements for providing personal care services to Medicaid recipients. Section
440.167 does not provide detail on the types of agencies which are allowed to provide personal care services or to directly bill the Medicaid program for reimbursement.
Comparison with rules in adjacent states
Illinois:
Wisconsin offers personal care as an optional Medicaid state plan service, but Illinois does not. Illinois does offer some types of personal care services under waivers.
Minnesota:
Both Minnesota and Wisconsin offer personal care as an optional Medicaid state plan service. Wisconsin is in the middle of the 3 states in terms of the settings where the personal care services benefit may be provided. In Wisconsin, the services may be provided in the home or in community-based residential setting in facilities of 20 beds or less. Minnesota provides the service in the home, in community-based residential settings, in schools, and in the workplace.
Iowa:
Wisconsin offers personal care as an optional Medicaid state plan service, but Iowa does not. Iowa does offer some types of personal care services under waivers.
Michigan:
Both Michigan and Wisconsin offer personal care as an optional Medicaid state plan service. Michigan is one of only 2 states nationwide (the other is New Jersey) that covers assistive devices or equipment under the PCS benefit. Nationwide, 17 of the 25 states that offer personal care services (71%) allow some kind of consumer direction for the PCS benefit. Michigan allows it to some extent (as does Minnesota). Wisconsin very recently began offering a self-directed personal care option on a very limited basis to participants in the self-directed program known as IRIS (Include, Respect, I Self-Direct).
Wisconsin is in the middle of the 3 states in the region terms of the settings where the personal care services benefit may be provided. Michigan is more restrictive than Wisconsin, as the service may only be provided in the home. In Wisconsin, the services may be provided in the home or in community-based residential setting in facilities of 20 beds or less.
Minnesota is the most stringent of the 3 states in terms of who may authorize the use of personal care services. Minnesota requires a statement of medical need from a physician and an assessment as to need by a public health nurse. In Michigan, physicians, social workers, case managers, physician assistants, and nurse practitioners may all authorize personal care services. Wisconsin only allows personal care services when authorized by a physician.
Summary of factual data and analytical methodologies
The department relied on all of the following sources to determine the impact on small businesses, specifically personal care agencies to draft the rules:
1. The Department met with the Home Care Advisory Committee (HCAC) and reviewed the initial draft of the rule. This committee is composed of representatives of the Wisconsin Personal Services Association (WPSA), Wisconsin Homecare Organization (WHO), Professional Homecare Providers (PHP), subcontracted personal care agencies, ILCs, home health agencies.
2. The 2002 Economic Census – Wisconsin Geographic Series, compiled by the U.S. census bureau every 5 years for each year ending in “2" and “7" and contains the latest available economic data (2007 data is not yet published-October 2009) compiled on businesses located in Wisconsin.
3. Criteria adopted by the Department and approved by the Wisconsin Small Business Regulatory Review Board to determine whether the Department's rules have a significant economic impact on a substantial number of small businesses. Pursuant to the Department's criteria, a rule will have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index or reduces revenues by more than the prior year's consumer price index. For the purposes of this rulemaking, 2008 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics; the preliminary rate for the Midwest in 2008 is currently estimated at 3.9 percent.
4. Section
227.114 (1) (a), Wisconsin Stats. defines “small business" as a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employees 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.
Analysis and supporting documents used to determine effect on small business
The North American Industry Classification System (NAICS) includes personal care agencies in the Health Care and Social Assistance sector, (sector 62) and further defined in sub-sector 6216 home health agencies (home based services). This industry sector comprises establishments primarily engaged in providing skilled nursing services in the home, along with a range of the following: personal care services; homemaker and companion services; physical therapy; medical social services; medications; medical equipment and supplies; counseling; 24-hour home care; occupation and vocational therapy; dietary and nutritional services; speech therapy; audiology; and high-tech care, such as intravenous therapy. Employment statistics and revenue data are not readily available for the personal care agency share of these major health care providers. The DQA has no data on personal care agencies, as these are not currently regulated by the agency. Based on the limited data available, it is estimated that 70 personal care agencies will initially seek certification from the department. The number of small business entities is unknown. Certification is required for these agencies to qualify for reimbursement from the Medicaid program. Currently, personal care agencies are reimbursed for services through counties or other third-party Medicaid providers.
This emergency order makes it possible for personal care agencies to bill the Wisconsin Medicaid program directly by complying with certification requirements in the Medicaid regulations. The overall outcome for the small businesses affected by the rules should be positive.
2009 Act 28, the 2009-11 biennial budget bill, expands the types of entities that can be certified by the department as Medicaid personal care providers. In particular, personal care agencies other than counties, Tribes, home health agencies, and Independent Living Centers can be certified directly as Medicaid providers. This emergency rule amends the existing Medicaid personal care certification rule, DHS 105, to implement the biennial budget provisions.
Counties, Tribes, home health agencies, and Independent Living Centers that are already Medicaid certified personal care providers under the prior statutory provisions, can remain personal care providers, without initiating or going through an application process.
In addition to specifying the certification procedures for independently certified personal care agencies, the emergency rule also updates requirements and includes new requirements for personal care providers to strengthen the protection of clients' health, safety, and rights. These changes apply both to existing certified personal care providers and to personal care agencies that seek certification under the Act 28 provisions. Based on consultations with personal care providers, these new requirements are best practices that have generally already been adopted by providers. For this reason they are not expected to impose new workload on providers.
The fiscal impact on small business as defined in s.
227.114 (1), Stats., should be minimal. The items listed below have been identified as potentially increasing revenues or costs to personal care providers.
Independent personal care agency certification
The provisions of the emergency rule will allow personal care agencies that provide services under contract with a county, Tribe, home health agency, or independent living center to become independently certified and bill the Medicaid program directly for personal care services. In addition, other agencies that do not currently serve Medical Assistance recipients will be able to be certified as Medical Assistance providers, begin serving Medical Assistance recipients, and be reimbursed for their services. The rule provisions would increase revenues for agencies that seek to be certified.
Application and annual fee
Personal care agencies that seek Medicaid certification under the provisions of Act 28 will be required to pay an initial application fee and an annual fee. Fees will be established by the Department's Division of Quality Assurance and may be periodically revised. The amount of the annual fee will be based on a number of factors including revenues from operations. The Division of Quality Assurance anticipates that initially the application fee will be $300. It is anticipated the annual fee will range from a minimum of $500, not to exceed $2,500 and will be based on the annual revenue of the freestanding personal care agency.
If an agency is required by the Department to separately certify a branch office, the agency will be required to pay an initial application fee and an annual fee for the separately certified entity. The amount of the annual fee for branch office certification will be based on a number of factors including revenues from operations. The Division of Quality Assurance anticipates that initially the application fee and the annual fee will be the same as for the parent agency and will be based on the annual revenue of the freestanding personal care agency.
Provision of Information
Counties, ILCs and federally recognized American Indian tribes or bands will be required to provide, in a format approved by the Department, identifying information about the personal care provider and those agencies and individuals that provide Medicaid personal care services through a contract with the personal care provider. This information will enable the Department to develop and maintain a data base of certified personal care providers to organize, store and retrieve information about personal care services provided in Wisconsin for various reporting and planning activities. The proposed rule does not include home health agencies because the Department already collects this information from home health agencies through the license application process and the annual report. It is estimated that the average time to complete this information will be 30 minutes at an estimated cost of $14.
Minimize Risk of Infection
The first substantive revision requires agencies to provide staff training and proper supplies to minimize the risk of infection and to monitor for compliance. This requirement is expected to result in minimal costs to providers because many personal care providers in Wisconsin already provide staff training and monitoring to meet current standards of practice and Centers for Disease Control (CDC) guidelines. Any provider that does not meet this standard is able to access information from CDC's web site to train their staff and start their monitoring program. Additional costs for sundry supplies (e.g., gloves, masks, etc.) are expected to be minimal.
Communicable disease screening
Personal care providers will be required to ensure that employees are screened for the presence of clinically apparent communicable diseases, including tuberculosis, within 90 days before the employee has direct client contact. This standard is similar to employee health screening requirements for nursing homes, home health agencies, hospices, hospitals, facilities for the developmentally disabled and restaurants. The Journal of American Medical Association (April 19, 2000) identifies health care workers as a group at risk for acquiring tuberculosis. Pulmonary tuberculosis is a contagious disease that is usually spread through the coughing and sneezing of an infected person. Transmission of the infection usually occurs only after prolonged exposure. It is important for persons in high risk groups to be tested to ensure they are free from infectious disease to prevent exposure and spread of the disease to clients and to identify the need for treatment.
The average time to complete the pre-employment screening is estimated to be 30 minutes, at an estimated cost of $14 per employee. Although not required by rule, this may encourage providers to complete a tuberculosis skin test, at an average cost of $50 each.
Training and Orientation
The rules will require an estimated additional 4 hours of training and orientation for personal care workers (PCWs) and registered nurses. It is estimated that the average hourly rate is $28.00 salary and fringe. Estimated per staff costs are $116 per affected employee.
Discharge summary
The proposed rules require the completion of a discharge summary for all clients. It is estimated that a registered nurse will need 10 minutes to complete this requirement. The per-client cost is estimated at $7 ($40 per hour salary and fringe x 10 minutes).
Small Business Impact
The proposed rule will affect at least 10% of the small businesses affected by the rule, but the rules will not have a significant negative economic impact on those businesses.
Small business regulatory coordinator
Rosie Greer
Phone: 608-266-1279
Fiscal Estimate
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN That pursuant to ss.
23.091,
23.09 (2) (intro),
23.11 (1),
23.28 (3),
23.293,
27.01 (2) (j),
27.01 (10) (b) and
(f),
227.11 (2) (a) and
23.33 (4) (b), Stats., the Department of Natural Resources, hereinafter the Department, will hold a public hearing on a rule revising Chapter
NR 45, relating to the use of department properties.
Chapter
NR 45, Wis. Adm. Code, which is the principle rule governing the conduct of visitors to the properties and facilities owned, acquired by easement, or leased by the department. The rule revision contains a number of fee changes relative to camping, and an increase in commercial use permit fees to address the continued costs of providing quality services. The proposed rule will also clarify the term “edible fruits" for collection, removing invasive plants without a permit, collection of dead and down wood below the ordinary high water mark, evictions from state properties, allowing designated roads in northern state forest properties as ATV route when authorized by the property master plan, allowing uncased bows and firearms when crossing the Glacial Drumlin state trail adjacent to the Lake Mills wildlife area when engaged in legal hunting. The rule also addresses launching of motor boats on portions of a water body when there are restrictions on the property's master plan, fee waivers for state park admission for holders of National park service pass program, requirement of vehicle admission fee at Parfey's Glen state natural area and creates a ban on glass containers at Straight Lake state park and prohibits the launching of motorboat and gasoline powered ice augers on Straight and Rainbow lakes and establishes the creation of a slow-no-wake area in the “narrows" of the Dells of the Wisconsin river. This also includes housekeeping changes regarding the Department's property management rules.
Hearing Information
Date and Time
|
Location
|
May 17, 2010 - Monday
at 5:00 p.m., with the record held open until at least 6:00 p.m.
|
DNR Executive Offices
101 S. Webster Street
Room G09
Madison, WI 53707
|
May 18, 2010 - Tuesday
at 5:00 p.m., with the record held open until at least 6:00 p.m.
|
Woodruff Town Hall
1418 1st Avenue
Woodruff, WI 54568
|
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Andy Janicki in writing at the Department of Natural Resources, P. O. Box 7921, 101 S. Webster St., LF/6, Madison, WI 53707; by E-mail to Andrew.Janicki@ wisconsin.gov or by calling (608) 267-7490. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of proposed rules and
fiscal estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site at http://adminruleswisconsin.gov. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting: Kathryn Fitzgerald, Department of Natural Resources, LF/6, PO Box 7921, 101 S. Webster Street, Madison, WI 53707 or by calling (608) 267-2764.
Submittal of Written Comments
Comments on the proposed rule must be received on or before May 21, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to: Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707 or by calling (608) 267-2764.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Sections
23.091,
23.09 (2) (intro),
23.11 (4),
23.17,
23.175,
23.28 (3),
23.293,
23.33 (4) (b),
27.01 (2) (i) and
(j),
27.01 (10) (f) and
28.04 (2), Stats.
Statutory authority
Explanation of agency authority
In addition to the general authority granted by s.
227.11 (2) (a), Stats., to implement and interpret its statutory authority, the Department of Natural Resources has specific grants of rule making authority in chs.
23 and
27, Stats., to manage its properties.
Related statute or rule
All Wisconsin DNR property management regulations are found in this chapter.
Plain language analysis
Chapter
NR 45 is the principal rule governing the conduct of visitors to the properties and facilities owned, acquired by easement, or leased by the Department of Natural Resources (DNR). This chapter is reviewed and revisions proposed by staff on a regular basis. This rule revision contains a number of fee and policy changes relative to camping and other uses of DNR land. The increased fees address the continued costs of providing quality services.
An amended rule clarifies that collection of edible plants without a permit is for personal consumption, clarify the term “edible fruits," and remove the prohibition on collecting edible fruit on state natural areas.
The definitions include the Coulee Experimental state forest as a “northern state forests" so that the code provisions governing the northern state forests cover this property. An amended rule prohibits fires on the Coulee Experimental state forest.
A created rule makes it permissible to remove invasive plants without a permit.
A created rule prohibits the collection of dead and down wood located below the ordinary high water mark of the northern flowage properties for ecological and aesthetic purposes.
An amended rule governs evictions from DNR lands to prevent an evicted individual from entering a different state park, forest, or recreation area for a specified period after being evicted in order to alleviate law enforcement problems.
An amended rule clarifies that contractual agreements permit concessions or special events rather than commercial use permits.
An amended rule allows DNR to designate roads within northern state forest properties as ATV routes when the property master plan authorizes this use.
An amended rule clarifies that the exception to the requirement that firearms must be unloaded and enclosed in a case only applies on the portions of a property that are open to hunting.
A created rule allows uncased bows and firearms when crossing the Glacial Drumlin State Trail adjacent to lands that are part of the Lake Mills Wildlife Area.
An amended rule permits camping on state-owned sandbars on the Lower Chippewa River and limits the number of campers at the Turtle Flambeau Scenic Waters Area group campsites.
A created rule prohibits the launching or removal of motorboats on those portions of waterbodies located within DNR properties when the property's master plan restricts the use of motorboats.
An amended rule reorganizes the list of fee areas at state forests and eliminates two fee areas from the list.
An amended rule repeals the fee waivers for state park admission for holders of the National Park Service pass program. Instead, waivers will be given utilizing general statutory authority and guidance found in internal policy documents.
An amended rule categorizes all state forest campgrounds as type “A" to allow for an increase in camping fees per s.
27.01 (10), Stats.
An amended rule increases camping fees by $3.00 due to local market conditions for Rock Island State Park and 5 state forest campgrounds as allowed by NR 45.12(2)(b)5.
An amended rule increases the fee for commercial use permits, and for use of the indoor group camp at Wyalusing State Park.
A created rule establishes fees, based on site amenities including the number of electrical pedestals, for the new outdoor group campground at Council Grounds State Park.
An amended rule repeals specified rates for renting entire campgrounds at Devil's Lake State Park.
A created rule establishes a slow-no-wake area in the “narrows" of the Dells of Wisconsin River State Natural Area for public safety reasons.
An amended rule establishes closed hours for the newly acquired Gibraltar Rock State Natural Area for safety reasons.
An amended rule allows the addition of state natural areas to areas where vehicle admission receipts are required, adds Parfrey's Glen State Natural Area to the list of properties requiring a vehicle admission fee, and allows people to explore beyond the end of the designated trail at Parfey's Glen State Natural Area in response to the loss of an established trail due to flooding.
A created Rule establishes rules of conduct at Yellowstone Lake Wildlife Area's shooting range and defines the term “range officer."
A created rule establishes rules to implement the master plan for Straight Lake State Park including a ban on glass containers, a motorboat prohibition on Straight and Rainbow Lake, and a prohibition of gasoline powered ice augers.
A created rule establishes special event and boat mooring fees at Lakeshore State Park and operations of the marina.
A created rule prohibits target shooting within the Thornapple River sturgeon spawning area in Rusk County for public safety reasons.
Comparison with federal regulations
These rules are consistent with the requirements for land that is acquired or managed all or in part with Pittman Roberts, Sport Fish Restoration, and Land and Water Conservation Act funding.
Comparison with rules in adjacent states
Information pertinent to camping fees in state forests:
Illinois:
•
Family campsite fees range from $10 per night to $20 per night.
•
Illinois pricing varies by location.
•
There is no mention of fee differentials due to market forces.
Minnesota:
•
Family campsite fees range from $12 per night to $18 per night.
•
Minnesota sets a range of pricing for different types of state parks.
•
Minnesota prices their "Familiar Favorites" campsites at the $18 fee.
Iowa:
•
Family campsite fees in Iowa range from $11 to $16 per night.
•
Iowa charges a camping differential fee based on the time of year.
Michigan:
•
Family campsite fees in Michigan range from $10 to $33 per night.
•
Campsite prices do not vary by season or day of the week.
Information pertinent to state park proposals:
Illinois:
•
North Point Marina is a comparable facility to Lakeshore state park. Vessels visiting North Point Marina 30 feet and under are charged a minimum daily rate of $40. There is an additional per foot, per day charge not to exceed $2 for each foot of vessel over 30 feet. Each seventh consecutive day leased under a temporary permit is free. 17 Ill. Adm. Code 220.60(c)
•
Rules allow the Department to evict campers and refuse to permit a person to re-enter the eviction site or park for a period of up to 365 days from such eviction. 17 Ill. Adm. Code 130.150
•
Rates for adult outdoor group camps are $4 per day with a $40 minimum charge
Iowa:
•
No Great Lakes moorages.
•
Department of natural resources officers are given authority to refuse camping privileges and to rescind any and all camping permits for cause. 571 IAC 62.8(461A)
•
Group camp fees are facility dependent with a wide range of fees depending on amenities and size. Some facilities require a deposit as well.
•
Special events require a permit.
Minnesota:
•
Does not charge moorage fees at state parks.
•
People in violation of rules are subject to immediate removal and any other appropriate legal action, to include revocation of permits issued. Minn. R. 6100.0525
•
Group camp fees are $50-$75 per night or $3 per camper per night, whichever is greater. A minimum non-refundable deposit of $50 per night reserved is charged for all class III group camps at the time the reservation is made. The balance of fees is due at time of arrival.
•
Special use requires a permit with proof of insurance.
Michigan:
•
People in violation of rules are subject to eviction and revocation of camping permit in addition to any other penalties prescribed by law. Mich. Admin. Code R 299.929
•
Campground fees range dependent on amenities and location. For groups rustic cabins are available for $60-$80 a night.
•
Permit is required for commercial operations. Land use permit is dependent on the event and the volume of people. Minimum of $50 is required for permit on medium intensity and for ranges depending on services for all intensity of use. Permit review, staff monitoring, and land use fees are all add-ons for the permit. The permit may range from free ($0) to a maximum of $950.
Summary of factual data and analytical methodologies
Information pertinent to camping fees in state forests:
Five northern state forest campgrounds are added to the current fifteen state parks where fees will be raised by $3 per night from $12 to $15 in response to market conditions . The new Northern state forest campgrounds added to this list are: Crystal Lake, Clear Lake, Firefly Lake and Musky Lake campgrounds in the Northern Highland American Legion State Forest (NHAL) and Castle Mound campground in the Black River state forest. The locations of these state forests include popular tourism destinations.
All other state forest campgrounds in six northern state forests are added to the Class “A" category where fees will be raised by $3 per night from $9 to $12.
A survey of the markets surrounding the Northern State Forest campgrounds being adjusted for market conditions reveals that prices are much higher for non-state forest campsites per night compared to state forest sites. The increase brings the Northern State Forests in line with current public camping facilities.
Surrounding market prices:
Campground Ownership
|
Fee Range
|
Wisconsin State Parks
|
$12 - $15
|
National Forests
|
$12 – $15
|
County Parks
|
$10 - $22
|
Private Campgrounds
|
$18 - $50
|
Information pertinent to other state park proposals:
The fee structures being set up in most of the park areas are specific to the area and facilities.
Wyalusing is the only WSPS property with indoor group dormitory style camping, and the current rate is well below the existing market for accommodations of like type. Charging a rate that is close to market-based of $6 a person a day and $300 minimum will help to close the existing price and expense gap while simultaneously providing a cost effective option for groups. Current capacity for the indoor group camp is 108; with the $200 minimum rate set based upon a 50 person occupancy. Property staff report that it is not uncommon for groups as small as 10 to reserve the group campground. This still only results in costs of $20/night/person that is significantly lower than what exists in the private sector given amenities at the location. The DNR recently upgraded this facility without increasing the cost to rent; consequently, an increase is warranted at this time and is unlikely to significantly affect demand for this group camp. While these fees are higher for this campground, the fee is lower than rates charged in the private sector and remains an economical choice for groups or families to utilize.
Devil's Lake is the only property that specifies a rate for renting the entire campground in ch.
NR 45, Admin. Code.
The current rate is well below the existing market for accommodations of like type in the market area and significantly lower than if the sites were reserved separately. Deleting this code provision will allow the department to charge a more market based rate as authorized by s.
27.01(10)(f) Stats., and help to close the existing fiscal gap to operate the campground.
There is precedent for charging a special rate for particular campsites or campgrounds based upon amenities offered. Council Grounds state park recently opened three new group campsites, and the existing group camping fees are well below the market value for accommodations of like type in the market area. These sites include electrical hookups, dedicated toilet buildings and other amenities. By charging the existing group camping rate the Department believes these sites are under-valued. The new fees were calculated utilizing the current camping fee structure, plus the cost of the electrical pedestals with a premium for the amenities. These changes are unlikely to affect demand for these campsites and the change will make rates competitive based upon the amenities offered. While the fees are higher for these select campsites, the fee is competitive with rates charged in the private sector and still remains an economical choice for groups or families to utilize.
The Commercial Use Permit is required for common or recurring, property master plan-compatible, commercial uses of parks, recreation areas, and southern forest lands. Typically, these uses involve a service that is purchased and arranged off a property but performed on the property. This fee has not been updated in over 8 years. The fee is significantly lower than the perceived value to those who use parks, trails, and southern forests commercially because of the profit generated by the commercial use. All of the surrounding states require a commercial use permit and the cost is dependent on the activity.
Lakeshore state park recently opened its boat slips, and the rates charged mirror those for accommodations of like type provided by Milwaukee county as well as those at private marinas in the area. The fee is competitive with rates charged in the public and private sector, remains an economical choice for groups or families, and is unlikely to affect demand for this facility. Lakeshore state park is an urban park that regularly hosts various special events for visitors and local businesses. This event fee structure is similar to what Milwaukee county charges. Without this fee structure, the DNR is only authorized to charge its current special event fees, which are not applicable for events of this size and at this location. Lakeshore state park is uniquely poised to host large and small-scale events, contributing to the cultural and economic vitality of downtown Milwaukee. These events could range in size from 50 to 500,000 in attendance and span multiple days. The flexible fees will be decided in advance by the manager at Lakeshore state park in conjunction with the event holder, based upon the expected attendance, activities planned and impacts to other users of the property. The fee would be mutually established well in advance of an event, thus enabling groups to budget and plan effectively for their event on the Lakeshore grounds. Under this scenario, fees for special events at Lakeshore state park would remain an economical choice for everyone from corporations to families are unlikely to affect demand for this facility, and would provide the funds necessary to staff events of this magnitude.
Anticipated private sector costs
Fees are increased for certain uses of department lands and those increased costs will be incurred by the users. Because most users camp on a relatively infrequent basis, and the increases are modest, the fee increases are not anticipated to be burdensome. Regarding the slow-no-wake proposal at the “narrows", there is one private property landowner with frontage in the section of Wisconsin River encompassed by the regulation. There is no anticipated negative effect on his property values. In a personal contact with the landowner, he expressed support for a slow no wake rule. Since his property sits on the blind corner of the Narrows, he has a long history of providing access to the river for a flagman to monitor boat traffic and signal tour boats when it was safe to proceed.
Small Business Impact
One rule provision creates a slow-no-wake area on a stretch of the Wisconsin river. There are four commercial enterprises that operate boat tours in the Upper Dells on the Wisconsin river; two run both traditional tour (cruise) boats and jet boats, one runs exclusively jet boats and one only operates a tour/dinner boat. When contacted by the department, all the tour boat operators said their normal practice is to go slowly through the area anyway, so there would be no impact to them on their scheduling. They expressed support for a slow-no-wake regulation because their ability to navigate is often jeopardized by recreational watercraft attempting to jump the wakes of their boats or trying to maneuver around the larger boats at high speed. The distance of the slow-no-wake area is approximately 3,100 linear feet.
This rule does not impose performance standards, or compliance or reporting requirements for small businesses. Small business impacts from the commercial use permit fee increase will be minor as the permit fee increase is $20 per year. Even for a very small-scale business, the cost is likely to be easily absorbed the business, and offset by revenues generated from the business conducted on the state property. This change is not expected to dramatically increase revenues to the system; rather it updates the fee relative to the value businesses receive from doing business on system properties, and the impact their work may have on the resources or facilities at the property. The current fee is significantly below market value, remains an economical choice for businesses or families to utilize, and is unlikely to affect demand.
The Corporate Event fee at Lakeshore State Park is $500 for less than 500 attendees and is intended to offset the additional expenses associated with sponsoring the event. The businesses impact is anticipated to be minimal for many small businesses.
The campground fee increases will not have a negative effect on nearby private campground owners. Private campground may see a small increase in visitation and associated revenue if some campers select the private provider rather than paying the increased fee. The slow-no-wake proposal is not anticipated to have a measurable effect on commercial boat operators.
Small business regulatory coordinator
Environmental Analysis
This is a type III action under Chapter
NR 150, Wis. Adm. Code, and neither an environmental impact statement nor an environmental assessment is required.
Fiscal Estimate
The fee increases will increase state revenues by approximately $246,670. A printed copy of the full fiscal estimate may be obtained by contacting Kathryn Fitzgerald, listed below.
Agency Contact Person
Kathryn Fitzgerald, Chief
Land Management Section
Bureau of Facilities and Lands
Phone: (608) 267-2764
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
227.11 (2) (a) and
227.24, Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter
NR 10, Wis. Adm. Code, relating to deer management unit population goals. This emergency order took effect on April 3, 2010.
Hearing Information
The hearing will be held:
Date and Time
|
Location
|
May 19, 2010
Wednesday
at 2:00 p.m.
|
Room G09
DNR Central Office
101 S. Webster Street
Madison, WI
|
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 Emergency Rule and Submittal of Written Comments
The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
keithwarnke@ wisconsin.gov. Comments may be submitted until
May 20, 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 hearing. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Warnke.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language rule analysis
Prior to the effective date of this emergency order, there were 131 deer management units with individual over winter population goals that would result in a statewide over winter population of approximately 737,000 deer. The new goals would result in an over winter population of approximately 800,000 animals. Over winter population goals and management units serve as the foundation for managing the deer herd and determining deer hunting season structures. All goals referred to in this rule are the over winter deer population goal for individual management units. The hunting season population will generally be substantially larger than the over winter population goal.
This emergency order increases deer population goals in 43 management units and lowers the goal in two.
Deer
Management Unit
|
Current
over-winter goal density
|
Proposed new over-winter
density
|
2
|
18
|
20
|
3
|
16
|
18
|
6
|
12
|
18
|
12
|
17
|
20
|
13
|
15
|
17
|
14
|
14
|
20
|
15
|
22
|
25
|
17
|
15
|
17
|
18
|
20
|
22
|
19
|
20
|
22
|
20
|
18
|
20
|
22
|
20
|
25
|
22A
|
20
|
25
|
23
|
20
|
25
|
24
|
20
|
25
|
26
|
20
|
23
|
27
|
20
|
25
|
29B
|
12
|
15
|
30
|
15
|
19
|
33
|
20
|
25
|
34
|
17
|
20
|
Deer
Management Unit
|
Current
over-winter goal density
|
Proposed new over-winter
density
|
43
|
15
|
17
|
49A
|
25
|
20
|
57
|
22
|
25
|
57A
|
25
|
30
|
59A
|
20
|
25
|
59B
|
15
|
25
|
59D
|
20
|
25
|
59M
|
10
|
15
|
60A
|
20
|
25
|
60B
|
20
|
25
|
60M
|
10
|
15
|
61
|
20
|
25
|
62A
|
25
|
30
|
62B
|
25
|
30
|
63A
|
25
|
30
|
64
|
20
|
25
|
64M
|
10
|
15
|
66
|
25
|
30
|
68B
|
30
|
25
|
74A
|
20
|
25
|
77C
|
15
|
20
|
77M
|
10
|
15
|
80B
|
20
|
25
|
These changes are recommended to provide hunters with more deer hunting opportunities in instances where goals are proposed for increases and to alleviate agricultural damage in the instances where the goals have been recommended for a decrease. However, there is a concern that a higher goal with low hunter densities will increase the need for continuous herd control seasons.
Comparison with federal regulations
Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Comparison with rules in adjacent states
All of Wisconsin's neighboring states have established management units for the purpose of managing deer populations. By using units with identifiable boundaries, deer populations can be monitored and kept at various population levels to more effectively control the deer herd and to address regional differences in habitat, population (human and deer) and to reduce conflict with other land uses such as residential, agricultural or forested.
Factual data and analytical methodologies
The Department has evaluated the need for deer population goal reviews based on the following criteria: 1) Intolerable level of agricultural damage when at goal; 2) Ability of hunters to harvest enough deer to keep the population at the goal level; 3) Hunter demand for antlerless permits; 4) Vehicle-deer accident rate; and 5) buck harvest success rate; 6) Chippewa treaty harvest; 7) Hunter access to land in a deer management unit; 8) Ability to keep the deer herd in a deer management unit at goal; 9) Tolerable levels of deer damage to crops.
In addition, an Environmental Assessment was prepared in 1995. Copies of Deer Population Goals and Harvest Management Environmental Assessment are available from the department upon request.
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 or small businesses.
Small Business Impact
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
Environmental Analysis
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.
Fiscal Estimate
The fiscal estimate may be reviewed at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the fiscal estimate may be obtained from Mr. Warnke, listed below.
Agency Contact Information
Keith Warnke
101 S. Webster St.
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 264-6023
Scott Loomans
101 S. Webster St.
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 267-2452
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-15-10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 and
227.11, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10, Wis. Adm. Code, relating to the use of archery deer hunting licenses.
Hearing Information
The public hearings will begin at 7:00 p.m. at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
May 17, 2010 James Williams Middle School
915 Acacia Lane
Rhinelander 54501
May 18, 2010 DNR South Central Region Headquarters
3911 Fish Hatchery Road
Fitchburg 53711
May 24, 2010 DNR Northeast Region Headquarters
2984 Shawano Avenue
Green Bay 54313-6727
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 and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
June 1, 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. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
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 rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
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 and furbearer species that are established based on needs that are unique to that state's resources and public desires.
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. Admin. 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.
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.
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.
Environmental Analysis
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.
Fiscal Estimate
The fiscal estimate may be reviewed at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the fiscal estimate may be obtained from Mr. Loomans, listed below.
Agency Contact Person
Scott Loomans
101 South Webster Street
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 267-2452
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
343.085 (2m) (b) 1. a. and
343.32 (2), Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter
Trans 101, Wis. Adm. Code, relating to demerit point system and graduated driver license restriction extensions.
Hearing Information
Date and Time
|
Location
|
May 20, 2010
at 10:00 a.m.
|
Hill Farms State Transportation Bldg.
Room 394
4802 Sheboygan Avenue
Madison, WI
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Reed McGinn at (608) 267-9811 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
Submittal of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Reed McGinn, Department of Transportation, Division of Motor Vehicles, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Reed McGinn, Department of Transportation, Division of Motor Vehicles, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917. You may also contact Mr. McGinn by phone at (608) 267-9811 or via e-mail:
reed.mcginn@wisconsin.gov to obtain copies of the proposed rule. Copies will also be available at the hearing.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
343.32 (2) (a), Stats., permits the Secretary to suspend a person's operating privilege if the person appears by the records of the Department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch.
349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs.
341 to
348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. The Department has used a demerit point system to accomplish this end since 1958. The statute permits the Secretary adopt by rule a method of weighing traffic convictions by their seriousness and allows the Secretary to change that weighted scale “as experience or the accident frequency in the state makes necessary or desirable," though much flexibility in the system has been eliminated over the years by statutory amendment mandating specific assignment of demerit points, suspension of operating privileges at specific point levels and doubling of demerit point assessments for probationary drivers.
Related statute or rule
Plain language analysis
The proposed rule makes the following changes to Wisconsin's demerit point system:
•
For consistency with GDL restrictions and for administrative efficiency, amend ch.
Trans 101 to eliminate demerit point repercussions for all parking offenses. Currently, DMV attempts to distinguish between parking offenses committed on and off highway roadways. Because the traffic code does not make such distinctions, DMV wastes resources trying to figure this out from extraneous information sources. Moreover, savvy defendants convince prosecutors and courts to “change the facts" in exchange for plea agreements.
In addition, GDL restrictions cannot be extended for parking violations; Wis. Stat. s.
343.085(2m)(b)1.a. permits GDL extension only for “moving violations." Because DMV generally extends GDL restrictions for any offense that generates demerit points, the few parking offenses for which DMV assesses demerit points at present should be changed to non-point offenses.
•
Permit demerit points assessed for serious traffic offenses that trigger suspensions of occupational licenses to be used in demerit point cases and potentially trigger a demerit point suspension in addition to the occupational license suspension.
In general, DMV's rule currently attempts to use a violation in only one suspension or revocation case affecting the driver's operating privilege. Persons who commit serious traffic offenses on an occupational license can have than temporary occupational license suspended. Often, the occupational license is only valid for a short period of time, so any suspension or revocation of that temporary license is of negligible deterrent value. This rule proposes to allow the demerit point repercussions from committing an offense that results in an occupational license suspension or revocation to carry over and affect the person's regular operating privilege demerit point total.
Comparison with federal regulations
Driver improvement programs are state functions. There is no federal regulation in this area.
Comparison with rules in adjacent states
Michigan:
Michigan does not assess demerit points for parking violations. Six or more unpaid parking tickets have zero demerit points. Michigan does not appear to distinguish between parking on and off of a highway.
Minnesota:
Minnesota law permits the state DOT to mask parking violations committed by CMV operators.
171.163 COMMERCIAL DRIVER'S LICENSE RECORD KEEPING.
An agency, court, or public official in Minnesota shall not mask, defer imposition of judgment for, or allow an individual to enter into a diversion program that would prevent a conviction for a violation of a state or local traffic control law, except a parking violation, from appearing on the driving record of a holder of a commercial driver's license, when the violation is committed in any type of motor vehicle, or on the driving record of an individual who committed the violation in a commercial motor vehicle.
Under MN GDL law, parking is not a “moving violation,"
171.04 PERSONS NOT ELIGIBLE FOR DRIVERS' LICENSES.
Subdivision 1. Persons not eligible. The department shall not issue a driver's license:
(1) to any person under 18 years unless:
(i) the applicant is 16 or 17 years of age and has…not more than one conviction for a moving violation that is not crash related. "Moving violation" means a violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation;
Parking violations are not reported to the MN DOT:
171.16 COURT MAY RECOMMEND SUSPENSION.
Subdivision 1. Court to report to commissioner. Every court having jurisdiction over offenses committed under any law of this state or ordinance of a political subdivision regulating the operation of motor vehicles, shall forward to the department, within ten days, a record of the conviction of any person in the court for a violation of any laws or ordinances, except parking violations and defective vehicle equipment or vehicle size or weight violations.
Illinois:
Demerit points are not assessed to parking violations and are not considered a moving violation. Parking violations do not appear on the driving record.
Iowa:
Parking violations are not countable offenses for demerit points. Improper parking on highway is not considered a moving violation (321.354(2)).
Factual data and analytical methodologies
This rule is proposed simply to bring DOT's administrative rule into compliance with statutory requirements. The analytical methodology consisted of reviewing the statutes described and DOT's current administrative rule, noting the inconsistency, and drafting the rule to conform to statutory requirements.
Analysis and supporting documentation used to determine effect on small businesses
This rule regulates individual behavior, not small businesses, and is proposed in order to bring DOT's existing regulations into conformity with existing statutes. Accordingly, there was no analysis or supporting documentation used. Staff simply noted that this proposal affects individual drivers and not businesses.
Anticipated costs incurred by private sector
The Department expects that there will be no fiscal impact on state or private sector revenues or liabilities.
Small Business Impact
The demerit point rule affects individual drivers and does not create or impose any regulation upon business.
Small business regulatory review coordinator
The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@wisconsin.gov, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no 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.
Agency Contact Person
Reed McGinn
DOT —Division of Motor Vehicles
Citations and Withdrawal Section
Room 305, P. O. Box 7917
Madison, WI 53707-7917
