S. 30.635, Stats.
Anticipated time commitment:
The anticipated time commitment is 21 hours. One public hearing will be held in December 1997 at Lake Geneva.
Natural Resources
Subject:
Ch. NR 21 - Relating to a re-write of the commercial fishing rules for Wisconsin-Minnesota boundary waters.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
No policy issues identified. Impacted/interested groups include commercial fishers, district attorneys, judges and wardens.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The proposed changes will simplify enforcement and adopt changes recommended by courts and prosecutors. Chapter NR 21 will be re-organized and some substantive changes made. For example, closed areas will now use well-recognized boundaries such as highway bridges, rather than sloughs (which change with water levels). Changes are proposed to eliminate unnecessary restrictions which were implemented in the past for nonbiological reasons, such as trespass. Finally, the DNR will eliminate current wording which, in some cases, has an exception where the exception also has an exception to the exception.
Statutory authority for the rule:
SS. 29.085, 29.174 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 88 hours. Hearing(s) will be held in February 1998 along the Mississippi River, to involve commercial fishers.
Natural Resources
Subject:
NR Code - Relating to implementing the new automated license issuance system.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The 1997-99 biennial budget requires the Department to promulgate rules regarding the issuance of approvals under the new Automated License Issuance System (ALIS), including both parks vehicle admission receipts and hunting, fishing and trapping approvals. The required rules will address:
a) Which agents (DNR, county clerks, and retail agents) are authorized to issue which receipts and approvals;
b) Agent qualifications and requirements;
c) How annual and daily parks vehicle admission receipts will be affixed;
d) Licensee signature requirements, if any, for each approval;
e) Circumstances under which a person may obtain an approval for another person; and
f) How stamps are to be attached or imprinted on the license.
Rules must be effective in conjunction with the 01-01-99 effective date of the ALIS system. Groups impacted include county clerks and local retail agents who choose to become DNR license sales agents and the public, who purchase parks and fish and game approvals.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Current manual issuance procedures will be replaced by the new automated licensing system. The ALIS rules will:
Ô Broaden the numbers and types of approvals handled by agents,
Ô Change how hunting and fishing stamps are used,
Ô Amend signature requirements on approvals, and
Ô Define the circumstances under which people may purchase a license on behalf of another individual.
The new administrative rules implementing ALIS will also necessitate a parallel set of revisions to current administrative rules, portions of which will be outdated by the new rule, primarily:
▶ Ch. NR 8 (“Minimum Accounting Standards and Procedures for License Transactions”),
▶ Ch. NR 10 (“Game and Hunting”),
▶ Ch. NR 20 (“Fishing: Inland Waters; Outlying Waters”), and
▶ Ch. NR 45 (“State Parks and State Forests Miscellaneous”).
To the extent that other specialized approvals such as ginseng harvest are issued under the automated system, changes will also be required in:
▶ Ch. NR 19 (“Miscellaneous Fur, Fish, Game and Outdoor Recreation”),
▶ Ch. NR 24 (“Clams”),
▶ Ch. NR 28 (“Wild Plants”),
Statutory authority for the rule:
SS. 27.01 (7) (e), 29.09 (3m) and 29.09 (3r), Stats.
Anticipated time commitment:
The anticipated time commitment is 230 hours. Hearing(s) will be held in April 1998 at locations yet to be determined.
Natural Resources
Subject:
Ch. NR 191 - Relating to developing new rules for adding lake classification projects to ch. NR 191, “Lake Protection Grants”.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Administrative process, eligibility and project guidance. The recent state budget bill included enabling legislation to create two new categories of grants: Lake Classification Projects and Lake Classification Technical Assistance Projects. The Department is directed to develop rules in order to administer these programs and develop project guidance.
The nature of the amendments will be to establish the administrative procedures similar to those in place for the existing lake grant programs. The legislation specifies that Lake Classification Projects are to be funded at 75% state share, with up to $50,000 per grant. Under these grants, counties are eligible to classify lakes and implement protection and management programs based on their classification. The Department is also directed to provide guidance on the factors to be used in a lake classification project.
Lake Classification Technical Assistance Projects allow up to $200,000 per grant to nonprofit corporations to provide technical and educational assistance in lake classification projects. These grants do not have a specified cost-share limit.
Counties, local units of government and lake management organizations, real estate and land development interests, fishing and boating interests are likely to be interested in this issue.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
New enabling legislation requires rules development to administer new grant category.
Statutory authority:
S. 281.69, Stats.
Anticipated time commitment:
The anticipated time commitment is 166 hours. Three public hearings will be held on March 16, 17 and 18, 1998 in Spooner, Rhinelander and Waukesha.
Public Defender
Subject of proposed rule:
Section PD 3.02 (1) - Relating to the cost of retained counsel.
Description of policy issues:
The proposed rule will establish a separate cost of counsel amount for chapter 55 (protective placement) cases. Under the current cost of retained counsel schedule, the cost of counsel for chapter 55 and chapter 51 cases is the same.
A time study conducted by the State Public Defender's Office revealed that chapter 55 cases are more complicated and time-consuming than chapter 51 cases and, in fact, that chapter 55 cases equate with felony cases. Also, the SPD's present collections amounts and trial division case weights for chapter 55 cases are the same as those for felony cases. The amendment to s. PD 3.02 (1) will make the cost of counsel amount for chapter 55 cases consistent with felony cases.
Statutory authority for rule:
Section 977.02 (3), Stats.
Anticipated time commitment:
10 hours
Tourism
Subject:
Ch. Tour 1 - Relating to the joint effort marketing program.
Description of policy issues:
Description of the objectives of the rule:
The objective of the rule is to amend ch. Tour 1 to create a new category of funding for destination marketing initiatives that are not necessarily related to an event, but which enlarges the market for the area, to insure that funds are available throughout the fiscal year, and to alter the membership of the group that advises the Department on joint effort marketing applications.
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 Joint Effort Marketing program provides for grants to non-profit organizations engaged in tourism activities. Grant funds may be used for the development of publicity, the production and media placement of advertising and direct mailings that are part of a project and overall advertising plan of the applicant organization intended to increase tourism in Wisconsin.
The proposal would create a new category of funding for destination marketing that is not tied to an event or promotion, but which is directed at extending the tourism market for the applicant and which has been identified by the Department as an extended market for the state.
