Effective Date:
February 2, 1996
Expiration Date:
July 1, 1996
Hearing Date:
March 12, 1996
2. Rules were adopted revising ss. NR 1.15 (2) (a), 10.104 and 10.28, relating to deer hunting permits.
FINDING OF EMERGENCY
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. There is great public interest in white-tailed deer and their management in Wisconsin. Failure to adopt these rules would require that the 1996 antlerless deer quotas be based upon existing overwinter population goals that do not reflect the public interest in deer management. There has been more than a year of comprehensive public involvement in developing this rule.
Publication Date:
April 15, 1996
Effective Date:
April 15, 1996
Expiration Date:
September 12, 1996
Hearing Date:
May 20, 1996
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT
Regulation and Licensing
Rules adopted amending s. RL 2.02, and creating
ch. RL 9, relating to establishing a procedure for determining whether an applicant for credential renewal is liable for any delinquent taxes.
FINDING OF EMERGENCY
Under statutes created by 1995 Wis. Act 27, the Department of Regulation and Licensing must deny applications for license renewal filed by applicants who are liable for delinquent state taxes. These provisions first apply to applications submitted to the Department of Regulation and Licensing or to an examining board or affiliated credentialing board attached to the department to renew credentials that expire on or after January 1, 1996.
Section 440.03 (12), Stats., as created by 1995 Wis Act 27, requires the department to establish a procedure for making a determination concerning the liability of credential holders for delinquent taxes owed to this state. Newly created s. 440.08 (2r), Stats., provides that before granting an application to renew a credential issued under chs. 440 to 480, Stats., the department shall determine in accordance with the procedure established under s. 440.03 (12), Stats., whether the applicant for a credential renewal is liable for any delinquent taxes owed to this state. If the department determines that an applicant is liable for any delinquent taxes owed to this state, the department is required to deny the application, subject to the right of the applicant to have the denial reviewed at a hearing before the department.
Because the treatment of these provisions first apply to renewals applications that expire on or after January 1, 1996, and the department has determined that there are at least 40,000 credential holders whose credential will expire on January 1, 1996, preservation of the public peace, health, safety or welfare necessitates putting these rules into effect prior to the time it would take effect if the department complied with the notice, hearing and publication requirements set forth in ch. 227, Stats.
In this order the Department of Regulation and Licensing creates ch. RL 9 to establish a procedure for making the determination whether an applicant for credential renewal is liable for any delinquent taxes owed to this state and to describe the procedures available to a credential holder whose application for renewal is denied because the applicant is liable for delinquent state taxes.
The proposed rules define terms including “liable for any delinquent taxes owed to this state,” the term used in ss. 440.03 (12) and 440.08, Stats., as created by 1995 Wis. Act 27. The rules describe the method to be used for determining whether an applicant for renewal is liable for delinquent taxes. Under the procedures, the name and social security number or federal employer identification number of an applicant is compared with information at the Wisconsin Department of Revenue to identify individuals and organizations liable for delinquent taxes. If an applicant is identified as owing taxes, a notice is mailed to the applicant stating that the application shall be denied unless delinquent taxes are paid within 10 days. If delinquent taxes are not paid following a notice of intent to deny or if an applicant fails to complete an application form, the department shall deny the renewal application.
The rules provide for an applicant who has been denied renewal because of liability for delinquent taxes to request a hearing. Procedural rules include rules governing a notice of hearing, service of documents and the conduct of the hearing.
Publication Date:
November 14, 1995
Effective Date:
November 14, 1995
Expiration Date:
April 13, 1996
Hearing Date:
January 29, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Revenue
Rules adopted revising ch. Tax 18, relating to the 1996 assessment of agricultural property.
FINDING OF EMERGENCY
The Wisconsin Department of Revenue finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
1995 Wis. Act 27, published July 28, 1995, changes the way agricultural land is valued for property tax purposes. Under the law, the assessed value of each parcel of agricultural land in 1996 is the same as the assessed value of that parcel in 1995. Buildings and improvements to agricultural land continue to be assessed at their full market value.
Since 1995 Wis. Act 27 affects assessments as of January 1, 1996, an emergency rule is necessary for the efficient and timely assessment of agricultural land in 1996.
In particular, the rule addresses the following needs:
- repealing obsolete terms defined by rule
- defining the terms “land devoted primarily to agricultural use”, “other”, and “parcel of agricultural land”
- providing instructions for assessing “agricultural land” and “other” land classifications in 1996.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of the rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
December 6, 1995
Effective Date:
December 6, 1995
Expiration Date:
May 5, 1996
Hearing Date:
January 25, 1996
EMERGENCY RULES NOW IN EFFECT (2)
Department of Transportation
1. Rule was adopted amending s. Trans 6.04 (1) (e), relating to the administration of the federal section 18 program.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is that without a Governor's certification that the intercity bus service needs of the state are being adequately met, many small urban and rural transit systems will see sharp, unplanned reductions in the amount of financial assistance they receive in 1996. These cuts may result in service reductions, fare increases and the need for local governments to cover a higher share of operating losses than has been budgeted.
Publication Date:
March 13, 1996
Effective Date:
March 13, 1996
Expiration Date:
August 10, 1996
Hearing Date:
April 17, 1996
2. Rules adopted creating Ch. Trans 258, relating to seed potato overweight permits.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety and welfare. Although the Department will pursue promulgation of this rule through normal procedure, the Department finds an emergency exists for the following reasons: (1) seed potatoes are transported to market between late February and April. Promulgation of an administrative rule through the normal process would not be timely for this planting season; (2) the Department believes the Legislature intended the provisions of 1995 Wis. Act 163 to be effective during this spring planting season. In order to promulgate rules in time for this spring growing season, this emergency process must be employed. The statute does not specify truck configurations, such as trailer length, axle spacing and weight distribution, but delegates responsibility to the Department. Without specified configurations vehicles that will impose damage to the roadway will be eligible for permits; and (3) the statute confers authority to identify an alternate route through rule but does not specify the alternate route. A suitable alternate route should be in place prior to the issuance of permits to allow diversion of permitted loads if any of the low weight bridges along the primary route manifests overstress. Closure of any of those bridges would substantially impede movement of other legal weight traffic in an area with few alternate routes.
Publication Date:
April 3, 1996
Effective Date:
April 3, 1996
Expiration Date:
August 31, 1996
Hearing Date:
May 13, 1996
[See Notice this Register]
Submittal of Rules to Legislative Council Clearinghouse
Please check the Bulletin of Proceedings--Administrative Rules Book for further information on a particular rule.
NOTICE OF SUBMITTAL OF PROPOSED RULES TO
WISCONSIN LEGISLATIVE COUNCIL RULES CLEARINGHOUSE
Agriculture, Trade & Consumer Protection:
On April 12, 1996, the Wisconsin Department of Agriculture, Trade & Consumer Protection submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
The proposed rule amends chs. ATCP 10, 11 and 12, relating to animal health. It addresses reportable diseases of poultry, control of bovine tuberculosis in bovine animals and cervidae, and farm-raised deer.
Public hearings are required. Four hearings will be held after the Wisconsin Legislative Council Clearinghouse completes its review of the proposed rule.
The Division of Animal Health is primarily responsible for promulgation of this rule. If you have questions regarding this rule, you may contact Lynn Jarzombeck of the Division of Animal Health at (608) 224-4883 or Attorney Jim Matson at (608) 224-5022.
Natural Resources:
On April 12, 1996, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
The proposed rule, board order number [WW-30-96], affects chs. NR 200 and 205, relating to the electronic submission of Water Pollutant Discharge Elimination System (WPDES) permit applications and monitoring data.
The dates for the public hearings are May 15 and 17, 1996.
If you have questions regarding this rule, you may contact Shelly Schueller at the Bureau of Wastewater Management at (608) 267-7602.
Natural Resources:
On April 12, 1996, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
The proposed rule, board order number [CA-23-96], affects ch. NR 7, relating to amendments to the recreational boating facilities program.
The date for the public hearing is May 17, 1996.
If you have questions regarding this rule, you may contact Larry Freidig at the Bureau of Community Assistance at (608) 266-5897.
Natural Resources:
On April 12, 1996, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
The proposed rule, board order number [FM-2-96], affects s. NR 20.04 (5), relating to the special fishing season in urban waters for persons under the age of 16 or the disabled.
The date(s) for the public hearing(s) have yet to be decided.
If you have questions regarding this rule, you may contact Tim Simonson at the Bureau of Fisheries Management at (608) 266-1877.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Med 15 (title) and s. Med 15.02 - Relating to tattooing and body piercing.
SS. NR 812.09 and 812.33 - Relating to fiberglass pressure tank use in private wells.
S. NR 19.30 - Relating to requiring criminal history checks on all volunteer All-Terrain Vehicle (ATV), boating, bowhunter, hunter education and snowmobile safety instructors.
S. NR 1.52 - Relating to a policy on promulgation of environmental quality standards.
SS. NR 28.03 & 28.04 - Relating to wild ginseng.
