Scope Statements
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 18, 2013.
Rule No.
Relating to
Hunting and management of bobcat and elk.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
Detailed Description of the Objective of the Proposed Rule
This proposal could result in new hunting and trapping opportunities for bobcat in portions of the state where harvest is not allowed under current rules.
This proposal would create a new elk management zone and population goal in an area of the state where elk are not currently found but where a management plan approved by the Natural Resources Board recommends establishing a herd.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Bobcat are currently hunted and trapped in one management zone which consists of the area north of Hwy 64. Demand for this opportunity greatly exceeds availability – the department consistently receives more than 12,000 applications for fewer than 500 available permits. Research currently under way may provide us with additional answers about the presence and observed expansion of bobcats in areas south of Hwy 64. The findings could result in a recommendation to allow hunting and trapping in additional areas, which would require rule changes.
This rule proposal will be in anticipation of a decision to hunt and trap bobcats in new areas. The rule proposal would establish a new management zone or could reconfigure the existing management zone. A population goal for bobcats north of Hwy 64 is currently established in administrative rule and would either need to be updated or an additional goal created. This rule may also establish new, or modify existing, conditions for the taking of bobcat by hunting and trapping if that is necessary and compliments the primary goal of improving hunting and trapping opportunities.
The department has already established, by rule, elk management zones in the northwest part of the state and is managing an elk herd in that area. The department anticipates establishing another elk herd in the Black River Falls Area and has a management plan that has been approved by the Natural Resources Board and which enjoys significant local support. This proposal would establish a management zone and may establish a population goal in Wis. Admin. Code for the Black River herd. It also seeks an expansion of the current elk management zone in the Clam Lake area.
Additional provisions necessary for establishing a new elk herd and the management of elk in this state may also be promulgated if they are identified during the rule making process.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter on wild animals and plants, in s.
29.014, Stats., “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to bobcat hunting and trapping and elk hunting.
Special regulations on the taking of certain wild animals are authorized under s.
29.192 (4), Stats., including specific language that authorizes rules related to bobcat hunting and trapping.
The department is directed in by s.
23.09 (1) and
(2), Stats., to provide a system for the development of game and other outdoor resources and may promulgate such rules necessary to carry out the purposes of section
23.09, Stats. The department considers the establishment of an elk herd to be consistent with that direction.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Groups likely to be impacted or interested in the bobcat related portions of this rulemaking are bobcat hunters and trappers, including members of groups such as the Wisconsin Trappers Association, Bear Hunters Association, Wildlife Federation, and the Conservation Congress.
Groups likely to be impacted or interested in provisions related to elk include big game hunters and wildlife watchers. There is great interest in elk restoration by the Ojibwe tribes and Ho-Chunk Nation. In addition, impacted people may be members of conservation organizations such as the Rocky Mountain Elk Foundation, Jackson County Wildlife Fund, Safari Club International, Wildlife Federation, local conservation clubs, or the Conservation Congress. Additionally, tourism related business people and local governments in the Northern and West-Central Wisconsin region may be affected by the rule. It is reasonable to assume that agriculture-related business will be affected. However, the plan considered that dairy and cash grain farming are not widely practiced in the location where elk introduction is planned, which should result in limited impacts of the species on agriculture.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Bobcat
No economic impacts are anticipated. The hunting season frameworks proposed in this rule will be similar in scope to those in place during the previous seasons. While this proposal would result in increased hunting and trapping opportunities, the number of harvest permits issued will continue to be low relative to other hunting seasons like deer, bear, or turkey. The positive impacts of increased hunting related expenditures will likely not be noticeable. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Elk
The positive impacts of elk-related tourism will be noticeable in local communities. The Cable Chamber of Commerce estimates that 1,200 people visiting the Clam Lake area annually to view elk and contribute approximately $175/day totaling approximately $210,000 annually to the area. While difficult to predict in the Black River Falls area of Jackson County, elk-related tourism is expected to be higher due to the ease of accessing this area via the Interstate corridor between southern Wisconsin and the Twin Cities. The Black River Falls Bureau of Tourism has been a supporter of establishing a herd there and is optimistic that they will see high levels of elk viewing interest. Local and state interest in elk is high, as evidenced by continually large numbers of requests for information about the elk reintroduction, and statewide support from a variety of partners including the Ojibwe tribes and Ho-Chunk Nation, government partners such as the U.S. Forest Service and county administration boards, and non-profit groups like the Rocky Mountain Elk Foundation and Safari Club International. Hunting will become part of elk management in Wisconsin when a harvestable surplus develops. The Clam Lake herd is nearing that level with a hunt anticipated in 2013. Harvest permit levels will be limited, but local economies would receive some economic gains from elk hunting. Hunters would be expected to spend money on food, lodging, fuel, and hunting equipment. However, the greatest impact will be from general tourism activities as people travel simply to view elk, primarily during the fall rutting season. Michigan sees as many as 53,000 visitors per year who spend over $3,000,000.
These rules direct the department's management activities and may be applicable to individual hunters, but they impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 18, 2013.
Rule No.
Relating to
Establishing the 2013 migratory bird season framework.
Rule Type
These will be emergency rules.
Finding/Nature of Emergency (Emergency Rule Only)
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Detailed Description of the Objective of the Proposed Rule
This emergency rule order will establish the 2013 migratory bird hunting seasons.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
This is an annual rule that will be consistent with a federal framework and is not a change from past policies. Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20, who will offer a final season framework to Wisconsin on approximately August 1, 2012. The State of Wisconsin's season proposal will be based on the federal framework and local conditions. Wisconsin will also not be more restrictive than the federal bag limit framework except that we will propose one less hen mallard in the bag limit if the federal framework allows two or more, consistent with existing Wisconsin rules. This rule may relax the prohibition on hunting waterfowl in open water for holders of permits for hunters with disabilities and lift a sunset of special migratory bird hunting regulations at the Mead and Zeloski Marsh Wildlife Management Areas.
The department will also recommend ways to simplify Canada goose hunting regulations. Current rules require tagging geese that are harvested in the Horicon Zone but a simpler process of recording harvest may be possible. Additionally, the department will consider eliminating the permit application deadline for Horicon zone hunters and simply issue harvest permits while recognizing the flyway management and federal protections against overharvest of the Mississippi Valley Population. The department will also consider reducing the size of the Horicon zone which would result in expanded hunting opportunities in areas no longer in that zone.
Through this rulemaking, the department may suggest revisions to the existing prohibition and exceptions for open-water hunting. Most waterfowl hunters are required to be partially or entirely concealed in emergent vegetation while hunting from a boat, blind or similar device on state water. This requirement preserves open water areas as safe resting areas for migrating waterfowl. This rule would establish an exception for disabled permit holders and their assistants.
The department will consider other simplifications to migratory bird hunting regulations that may be identified during this rulemaking process.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter on wild animals and plants, in s.
29.014, Stats., “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting.
Special regulations on the taking of certain wild animals are authorized under s.
29.192, Stats., including specific language that authorizes rules related to Canada goose hunting.
The establishment of migratory game bird refuges is authorized in s.
23.09 (2) (b), Stats., relating to the department's ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds.
Wisconsin's boundary waters with other states are popular waterfowl hunting locations. Specific authority to regulate hunting in and on all interstate boundary waters and outlying waters is established in s.
29.041, Stats.
Sections
23.11 and
29.014, Stats., allow for the protection of natural resources on state lands such as migratory bird refuges, establish general department powers, and authority to establish hunting and trapping regulations on department managed lands.
Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 640 hours will be needed by the department prior to and following the hearings.
Description of all Entities that may be Impacted by the Rule
These rules will impact migratory game bird hunters and those who enjoy viewing waterfowl in Wisconsin.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Rule
Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20. Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service annually evaluates migratory game bird populations and breeding habitat in cooperation with state provincial agencies and the Canadian Wildlife Service. After considering recommendations from the flyway councils of states and the guidance of cooperatively developed harvest strategies, the USFWS establishes annual frameworks within flyway or bird populations regions. States can then establish hunting seasons within the sideboards for each species and region. As a result, the hunting seasons of neighboring states are similar to Wisconsin migratory game bird hunting regulations because they are subject to the same federal frameworks.
Locally produced giant Canada geese are now a considerable portion of the harvest in states that also harvest Mississippi Valley Population geese that nest in Northern Ontario. The Mississippi Flyway Council has tested the use of a standard season framework for 5 years, ending in 2011. Season lengths and bag limits for each MVP harvest state remained unchanged. In 2012, the MFC conducted an evaluation of harvest impacts of these stable regulations and established a framework for future seasons. It was agreed within the MFC that states harvesting MVP Canada geese could take small steps toward liberalization while impacts are cooperatively monitored.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts are anticipated. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608) 267-2452,
scott.loomans@wisconsin.gov or Kent Van Horn, Migratory Birds Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841,
kent.vanhorn@wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 20, 2013.
Rule No.
WM-09-13(E) and WM-08-13, ch.
NR 45.
Relating to
Firearms use on department land in Columbia County.
Rule Type
Permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
This rule is necessary to protect public safety and welfare due to the popularity of target shooting at properties which are undeveloped, have not been designated by the department, and are in locations which jeopardize the safety of neighbors and property users.
Detailed Description of the Objective of the Proposed Rule
The objective of these rules will be to prohibit firearms discharge for target shooting purposes on all department managed lands in Columbia County in areas where target shooting is not authorized. Firearm discharge for hunting, trapping, and dog training purposes and at established ranges would continue to be allowed.
This rule will prevent potentially unsafe target shooting activities on department managed lands where concentrated housing developments are located downrange and where property user safety is a concern.
Description of the Existing policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The department currently possesses the ability to prohibit firearms discharge by posting lands that it owns or manages. However, the department believes that hunting, trapping, and dog training can still safely occur on department managed lands in Columbia County. Prohibiting target shooting, but still allowing hunting, trapping, and dog training, requires rule making.
Policies relevant to this rule are consistent with existing rules and this proposal will not establish new statewide policies. Under this proposal, portions or all department managed lands in Columbia County will be added to an existing rule that already prohibits target shooting on some individual properties and all department properties in the counties of: Dane, Dodge, Fond du Lac, Jefferson, Juneau, Kenosha, La Crosse, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sauk, Sheboygan, Walworth, Washington, Waukesha and Winnebago.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is generally charged with the care, protection, and supervision of state lands by s.
23.11 Stats.
Under s.
23.09 (2) (d) related to conservation, the department is directed to provide an adequate and flexible system for the use of outdoor resources in this state and may promulgate such rules as are necessary. These rules are necessary to preserve public opportunities to hunt with firearms on lands that have been acquired as areas where any citizen may hunt or trap.
Pursuant to s.
227.24 (1) (a) Stats., the department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to protect the public safety and welfare.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Target shooting is an enjoyable and normally safe activity that is enjoyed by many people in the Columbia County area. A subset of target shooters who are using department wildlife properties instead of gun clubs or private lands will be impacted by this rule. Under the proposal, it would remain possible for the department to authorize target shooting in a designated location without additional rulemaking. Safe locations and facilities for public target shooting are being considered in the area and, if they can be developed, would minimize any impact to target shooters. A number of residential property owners that live nearby or adjacent to areas currently used for target shooting will also be impacted by an improvement in safety conditions. Improved safety conditions will also benefit people who are using the properties for hunting, trapping and other purposes. In one location, people have reported having difficulty being able to safely return to their vehicle at a popular target shooting location which is also a main parking lot.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Pittman-Robertson funding has been used to acquire and manage wildlife areas to sustain wildlife and allow hunting, trapping and other outdoors activities in Columbia County. Through these rules, the department hopes to preserve the use of firearms for hunting, consistent with federal guidelines for properties where Pittman-Robertson funding has been invested.
The United States Fish & Wildlife Service owns and manages a number of waterfowl production areas in Columbia County. The topography and management of those properties is similar to that of department managed lands in the county. The service does not allow recreational target shooting on its properties but does allow hunting.
Anticipated Economic impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
While target shooting is an activity that many people in the Columbia County area enjoy, the department estimates that a minority of target shooters are using department managed public lands. The department is not aware of any economic impacts of this regulation in the 18 other counties where it is currently in effect. The department does not anticipate any economic impact as a result of extending this regulation to Columbia County.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on January 4, 2013.
Rule No.
Chapters
SPS 303,
307,
308,
310,
314,
316,
318,
320,
326,
330,
332,
333,
334,
340,
341,
343,
345,
347,
360,
361,
382,
383,
384,
385,
386,
387,
390 and
391.
Relating to
Administrative processes and procedures utilized by the industry services division.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
Primarily, this rulemaking project is to review and standardize as much as possible the various administrative processes delineated in the codes implemented by the department's Industry Services Division. The processes to be evaluated include plan review, permits, appeals, inspections and agent authorization. The project will also evaluate the advantage of placing the administrative processes in one chapter or code rather than in each program code.
The Industry Services Division facilitates public safety, health and welfare by administering and enforcing various codes relating to: explosives; fireworks; mines; pits; quarries; flammable, combustible and hazardous liquids; fire prevention; electrical; elevators; escalators; lift devices; one- and 2- family dwellings; manufactured home communities; fire department safety and health; public employee safety and health; passenger ropeways; amusement rides; gas systems; boilers; pressure vessels; anhydrous ammonia; mechanical refrigeration; erosion control; commercial buildings; plumbing; private onsite wastewater treatment systems; soil and site evaluations; boat and on-shore sewage facilities; public swimming pools; water attractions and sanitation. It is anticipated that standardizing administrative processes will result in efficiencies for both stakeholders and the Division, as well as facilitate code compliance.
The revisions relating to administrative provisions may necessitate modifications to coordinate other chapters not specifically enumerated that are also administered by the Industry Services Division. It is anticipated that the coordination would possibly involve cross referencing changes.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The various administrative processes and procedures necessitate various stakeholders, including building owners, to interact with the Industry Services Division. These interactions, such as submitting plans, data or information, providing information or inspections, are for the most part specified in each of the program codes; for example: chapter SPS 318, for Elevators, Escalators, and Lift Devices, chapter SPS 361 for the Wisconsin Commercial Building Code, and chapters SPS 382 to 384 for the Plumbing Code. Under the separate program codes, aspects of the administrative processes and procedures vary, including the minimum number of plans or copies required to be submitted, the time frames and conditions when information or data needs to be reported, and the manner or steps for appeals. In some cases, stakeholders interact with the Division across several programs. The alternative of leaving variation in the different administrative processes and procedures would allow the ability to focus solely on an individual program.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
For the propose of facilitating public safety, health and welfare under various statutory provisions of chapters 101 and 145, Stats., both specific and general, the department's Industry Services Division oversees the design and construction of public buildings and places of employment, including many building components, such as electrical, boilers, elevators, plumbing, as well as other mechanical devices such as passenger ropeways, amusement rides, public swimming pools and water attractions. Depending upon the program (object), the Division's oversight involves a variety of administrative processes to accomplish its mission. Specific statutory provisions include:
101.12 Approval and inspection of public buildings and places of employment and components. (1) Except for plans that are reviewed by the department of health services under ss.
50.02 (2) (b) and
50.36 (2), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:
(a) Heating, ventilation, air conditioning and fire detection, prevention or suppression systems.
(b) Industrial exhaust systems.
and power dumbwaiters.
(d) Stadiums, grandstands and bleachers.
(e) Amusement and thrill rides equipment.
101.935 (2) (a) The department or a village, city or county granted agent status under par. (e) shall issue permits to and regulate manufactured home communities. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home community.
(b)
Application. A person applying for a permit under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s.
101.12 (1) to avoid duplicative filing of information.
101.983 (2) OPERATION. (a) Permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit for the operation from the department. The department may not issue a permit required under this paragraph until all inspections required under par. (c) are completed.
101.983 Conveyance permits required. (1) CONSTRUCTION, INSTALLATION, AND ALTERATION. (a)
Permit required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s.
101.985 (1) has received a permit for the construction, installation, or alteration from the department.
145.26 (2) The department shall, in advance of construction, alteration or reconstruction, review and approve plans and specifications for the construction, alteration or reconstruction of public swimming pools or water recreation attractions or the alteration of public swimming pool equipment in this state.
General statutory provisions include:
101.17 Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employees and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this section shall be subject to the forfeitures provided in s.
101.02 (12) and
(13).
145.02 (2) The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s.
101.121.
(3) (g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates approximately 1000 hours will be needed to perform the review and develop the needed rule changes. This time includes meeting with stakeholders, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
List with Description of all Entities that may be Affected by the Proposed rule
The rule revisions would potentially affect a variety of stakeholders who interact with the department's Industry Services Division under its various programs. The stakeholders would include: plan submitters, such as architects; engineers; designers; contractors; master plumbers; master electricians; equipment/material suppliers; building owners; owners/operators of passenger ropeways; amusement rides; passenger ropeways; manufactured home communities; and permit applicants: such as owners or their agents for boilers; tanks containing flammable, combustible or hazardous liquids; elevators; escalators; lift devices; passenger ropeway; amusement rides; mechanical refrigeration systems; anhydrous systems; and gas systems; and other individuals submitting data or information: such as owners/operators of mines, pits or quarries.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
For the most, part federal regulations do not cover the various programs administered by the Industry Services Division. With the exception of erosion control and flammable, combustible and hazardous liquids, federal regulations do not involve administrative and enforcement activities such as permits, plan review, inspections and appeals.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Any economic impact realized by the implementing the rule revisions would most likely be positive in that the changes would result in efficiencies and clarity for the various stakeholders, including owners, who utilize or are required to utilize the administrative services of the Industry Services Division.
Contact Person
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was originally published on February 14, 2013, in Register 686 and is reprinted here to correct a Legislative Reference Bureau transcription error in Paragraph 7. (The error has been corrected in the Internet version of Register 686.)
This statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Reciprocity.
Rule Type
Permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
Federal legislation, namely Title XI of the Federal Financial Institutions Reform Recovery and Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates the reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s.
SPS 81.04 is not in compliance with this federal legislation. The Code must be brought into compliance by July 1, of 2013. At that time the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated “out of compliance" then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
Detailed Description of the Objective of the Proposed Rule
The sole purpose of the proposed rule is to bring current Wisconsin administrative code in line with federal legislation.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing policy in Wis. Admin. Code s.
SPS 81.04 (2) requires reciprocity applicants be evaluated as to whether they are “substantially equivalent" to the requirements for licensure or certificate as an appraiser in this state. The evaluation is based on the other state's requirements for licensure or certification that were in effect at the time the applicant's credential was granted in that state; instead of at the time the applicant filed an application in this state.
The new reciprocity policy, as prescribed by federal statue, will require that an appraiser coming from another state seeking reciprocity in this state must hold a current certification or license in the other state that was issued in compliance with the Financial Institution Reform Recovery Act of 1989,
12 U.S.C. 3351, and that the credentialing requirements of the other state, as they currently exist, meet or exceeds Wisconsin credentialing requirements as they currently exist.
The alternative for failing to make the necessary revisions to current Wis. Admin. Code s.
SPS 81.04 would result in Wisconsin appraisers being precluded from appraising properties that are being financed with federal loans.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., provides that, “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it...." Section
440.03 (1), Stats., specifies, “the department may promulgate rules defining uniform procedures to be used by the department, [and] the real estate appraisers board, . . ." The department administers s.
458.06 (4m), Stats
., regarding reciprocal certification which states, “upon application and payment of the fee specified in s.
440.05 (2), the department shall grant and issue a certificate of certification as a general appraiser or as a residential appraiser, as appropriate, to any applicant to whom any of the following applies . . ." Since the department administers s.
458.06, Stats., the department is empowered pursuant to ss. 227. (2) (a) and 44.03 (1), Stats., to define the uniform procedures to be used regarding real estate appraisers and reciprocity.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200.
List with Description of all Entities that may be Affected by the Proposed Rule
Certified and licensed appraisers in Wisconsin and other states.
Summary and Preliminary Comparison with any Existing or proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Title XI of the Federal Financial Institutions Reform Recovery and Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, “provides that Federal financial and public policy interest in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 USCS § 3331. In order to accomplish this purpose, federal legislation has set up the ASC. The ASC monitors the states to insure that state certified or licensed appraisers meet the federal standards before engaging in federally related transaction and “for the purpose of determining whether a State agency's, policies, practices, and procedures are consistent with" FIRREA. 12 USCS § 3347.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department anticipates a minimal economic impact.
Contact Person
Shawn Leatherwood, Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708-8935,
Shancethea.Leatherwood@wisconsin.gov.
