[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Environmental Protection-Water Regulation,
Chs. NR 300-)
1. Rules adopted creating ch. NR 303, relating to department determinations of navigability for farm drainage ditches.
Exemption From Finding of Emergency
The Department was directed by the JCRAR under s. 227.26 (2) (b), Stats., to promulgate emergency rules regarding navigability
Analysis prepared by the Department of Natural Resources
Statutory authority: s. 227.26 (2)(b)
Statute interpreted: s. 30.10 (4)(c)
This order codifies present department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making such determinations.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
2. Rules adopted creating ch. NR 328, relating to regulation of water ski platforms and water ski jumps.
Analysis by the Department of Natural Resources
Statutory authority: ss. 30.135, 227.11 (2) (a) and 227.24
Statutes interpreted: ss. 30.66, 30.69 and 30.135
Chapter NR 328 describes the conditions where a water ski jump or platform will require a permit. It explains what constitutes a substantive written objection to a water ski jump or platform and provides a list of reasons that support a substantive written objection. It specifies the contents of a public notice and the process for making a substantive written objection. It details how the department will respond to complaints about an existing water ski jump or platform.
These rules were promulgated as emergency rules at the direction of the joint committee for review of administrative rules.
Publication Date:
July 9, 1999
Effective Date:
July 9, 1999*
Expiration Date:
December 6, 1999
*Rule suspended by Joint Committee for Review of Administrative Rules on July 5, 1999.
Statements of Scope of Proposed Rules
Financial Institutions--Credit Unions
Subject:
Ch. DFI-CU 52 - Relating to credit union examinations.
Description of policy issues:
Description of the objective of the rule:
The objective is to repeal ch. DFI-CU 52.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
Ch. DFI-CU 52 outlined procedures for conducting credit union examinations, collecting examination fees, special examinations and issues regarding credit union books and records.
As ch. 186, Stats., has been updated and amended throughout the years, certain provisions of the existing Administrative Code have been incorporated into ch. 186, Stats. The provisions of existing ch. DFI-CU 52 are incorporated into s. 186.235 (14), (16), (17) and (18), Stats.
Section DFI-CU 52.03 (2) references s. 186.26, Stats., which has been repealed. This section of the rule is no longer applicable.
Statutory authority for the rule:
SS. 186.235 (8) and 227.11 (2), Stats.
Estimate of the amount of time state employees will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employees — 40 hours. Review/approval by the Credit Union Review Board - 5 hours.
Financial Institutions--Credit Unions
Subject:
Ch. DFI-CU 64 - Relating to public inspection and copying of records of the Office of Credit Unions.
Description of policy issues:
Description of the objective of the rule:
The objective is to repeal ch. DFI-CU 64.
Description of existing relevant policies and new policies proposed to be included in the rule and an analysis of policy alternatives:
Ch. DFI-CU 64 outlined the procedures for the public inspection and copying of “public records” of the Office of Credit Unions.
1995 Wis. Act 27 created the Department of Financial Institutions (DFI) on July 1, 1996 and the Office of Credit Unions was attached for administrative efficiency. The General Counsel of the Office of the Secretary serves as the custodian for the public records of the Department of Financial Institutions and the Office of Credit Unions.
The disclosure of confidential information and records referred to in s. DFI-CU 64.02 is addressed in s. 186.235 (7), Stats.
Chapter 19, Stats., Subchapter II Public Records and Property, outlines procedures and requirements for accessing public records. An Open Records Notice posted in areas accessible by the public provides guidance for accessing the records of the Department of Financial Institutions and the Office of Credit Unions.
Statutory authority for the rule:
SS. 186.235 (8) and 227.11 (2), Stats.
Estimate of the amount of time state employees will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employees — 40 hours. Review/approval by the Credit Union Review Board - 5 hours.
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Subject:
NR Code - Relating to Department review of local hunting, fishing and trapping ordinances.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested In the issue:
With the enactment of s. 29.038, Stats., the Department has received an ever-increasing number of requests to use its authority to rescind local hunting, fishing and trapping ordinances. In response, the Department has met with the Wisconsin Towns Association, and an article will be published in their newsletter. In addition, Department staff will participate in a workshop at the Towns Association's annual meeting in October of 1999. The Bureau of Law Enforcement has created a committee to investigate how and when it should use the authority under s. 29.038, Stats. The committee strongly recommends creating standards by rule before initiating any action.
This rule/Board action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The Department has long advocated the strongest possible range of hunting, fishing and trapping opportunities. These activities should be limited only when a legitimate safety problem exists. The increasing number of local ordinances, which include blanket prohibitions on the discharge of firearms, unreasonable acreage restrictions and fees for the discharge of firearms permits, and bans on fishing in marinas, are often of a questionable safety basis.
This rule will have no impact on pollution prevention or waste minimization.
Statutory authority:
Section 29.038, Stats.
Anticipated time commitment:
The anticipated time commitment is 162 hours. Three or four hearings will be held in the spring of 2000 (after inservice commitment) at Madison, Appleton, Waukesha and Sheboygan.
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Subject:
Ch. NR 29 - Relating to the revision of ch. NR 29, ENDANGERED RESOURCES INFORMATION FEES, to comply with the changes made to s. 23.27 (3) (b), Stats., Natural Heritage Inventory Program - Access to information fees.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The proposed changes will update the amount the DNR charges for Natural Heritage Inventory information and data, and will reflect the current costs of the technology used to manage and distribute this information. These changes will affect persons outside of the Wisconsin DNR interested in obtaining Natural Heritage Inventory (NHI) information from the Endangered Resources Bureau.
This rule/Board action represents a change from past policy.
Explain the facts that necessitate the proposed change:
The proposed rule change will reflect the current costs of information management, including the development and use of Geographical Information Systems (GIS) software and the distribution of information via the Internet. The changes would allow the DNR to charge for more than just compiling and providing information (which the DNR is already granted the authority to do by the original version of s. 23.27 (3) (b), Stats.) and would include the time and resources needed to collect, sort, and manage information and data. In addition, the changes would expand the DNR's ability to charge for large datasets, as well as provide more latitude in determining for whom the DNR chooses to reduce or waive these fees, or when.
This rule/Board action represents an opportunity for pollution prevention and/or waste minimization.
Statutory authority:
Section 23.27 (3) (b), Stats.
