Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Notice is hereby given that pursuant to ss. 29.039 and 227.11 (2) (a), Stats., interpreting s. 29.039, Stats., the Department of Natural Resources will hold a public hearing on revisions to s. NR 19.27 and the creation of s. NR 19.26, Wis. Adm. Code, relating to regulating the harvest, possession and sale of native amphibians, lizards and snakes which are not listed as threatened or endangered.
Agency Analysis
The proposed rule allows residents to possess 5 specimens of most species with exceptions for several snakes that have lower or no possession limits for specimens harvested within the state. Three snake species, the bullsnake, black rat snake and yellow-bellied racer, are proposed for addition to s. NR 10.02 (protected wild animals). The proposed rule also permits the importation of all native amphibians and reptiles into Wisconsin, except those listed as threatened or endangered, without possession limits. The proposed rule eliminates the sale of all native amphibians and reptiles harvested in Wisconsin except for three amphibian species. The proposed rule does allow for the instate sale of native amphibians and reptiles legally harvested outside of Wisconsin for approved education and research. The proposed rule also establishes permitting and reporting requirements for people collecting the three native amphibians that are legal for sale and for anyone buying, importing and/or selling amphibians and reptiles.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Biological supply houses and pet houses.
b. Description of reporting and bookkeeping procedures required: All businesses wishing to sell, barter or trade bullfrogs, leopard frogs, mudpuppies and tiger salamanders will be required to maintain accurate records and submit these records to the Department annually.
c. Description of professional skills required: No new skills.
Environmental Assessment
Notice is hereby further given that 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 documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearing will be held on:
November 16, 1999 Room 027, GEF #2
Tuesday 101 South Webster St.
at 5:00 p.m. Madison, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Hay at (608) 267-0849 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Contact Information
Written comments on the proposed rule may be submitted to Mr. Robert Hay, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 no later than November 29, 1999. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [ER-60-98] and fiscal estimate may be obtained from Mr. Hay.
Fiscal Estimate
Summary of bill:
This proposed rule will establish new harvest, possession and sales regulations for Wisconsin's amphibians and reptiles. Sales will only be authorized upon issuance of a newly-created permit by the Department.
Fiscal impact:
The Endangered Resources program costs associated with this rule are estimated at $1,000 annually in order to administer the permit process for commercial amphibian sales. The DNR anticipates selling approximately 20 permits annually.
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 77.70 and 77.9941 (1) and (3), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on November 1, 1999, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Information
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Dept. of Revenue
Statutory authority: s. 227.11 (2) (a)
Statutes interpreted: ss. 77.70 and 77.9941 (1) and (3)
SECTION 1. Tax 11.96 is created, to set forth Department policy relating to what constitutes timely delivery to the Secretary of Revenue, of an ordinance to adopt or repeal a county sales and use tax or a premier resort area tax.
Text of Rule
SECTION 1. Tax 11.96 is created to read:
Tax 11.96 Delivery of ordinance; county and premier resort area tax. (1) PURPOSE. This section clarifies requirements for the timely delivery of county sales and use tax and premier resort area tax ordinances to the secretary of revenue.
(2) TIME REQUIREMENT FOR DELIVERY. (a) Adoption ordinance. Any Wisconsin county may impose county sales and use taxes and any Wisconsin municipality or county wholly within a premier resort area under s. 66.307, Stats., may impose a premier resort area tax, by adopting an ordinance. Under ss. 77.70 and 77.9941 (1), Stats., a certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date.
(b) Repeal ordinance. Under ss. 77.70 and 77.9941 (3), Stats., a county or municipality described in par. (a) may repeal a county sales and use tax or a premier resort area tax by delivering a certified copy of the repeal ordinance to the secretary of revenue at least 60 days before the effective date of the repeal.
Note: An ordinance to adopt or repeal a county sales and use tax or a premier resort area tax should be mailed to Wisconsin Department of Revenue, Office of the Secretary, P.O. Box 8933, Madison, WI 53708-8933 or delivered to 125 South Webster Street, Madison, Wisconsin.
(3) DELIVERY OF ORDINANCE. An ordinance referred to in s. 77.70 or 77.9941 (1) or (3), Stats., is timely delivered to the secretary of revenue if, by the prescribed number of days before the effective date, any of the following occur:
(a) The ordinance is hand delivered to and received by the secretary of revenue.
(b) The ordinance is mailed in a properly addressed envelope with the postage duly prepaid, if the envelope is postmarked before midnight and the ordinance is received by the secretary of revenue within 5 days after the prescribed date.
(c) The ordinance is delivered by a carrier other than the U.S. postal service and the ordinance is received by the secretary of revenue.
Note: Section Tax 11.96 interprets ss. 77.70 and 77.9941 (1) and (3), Stats.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
The proposed order updates the Department of Revenue's administrative code setting forth Department policy relating to what constitutes timely delivery to the Secretary of Revenue of an ordinance to adopt or repeal a county sales and use tax or a premier resort area tax. The new rule clarifies the Department's current position and policy. This rule change does not have a fiscal effect.
Notice of Proposed Rule
Transportation
Notice is hereby given that pursuant to the authority of s. 341.05(25), Stats., and according to the procedure set forth in s. 227.16(2)(b), Stats., the Wisconsin Department of Transportation will adopt the following rule creating ch. Trans 316 without public hearing unless within 30 days after publication of this notice, on November 1, 1999, the Department of Transportation is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Questions about this rule may be addressed to Loralee Brumund, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-3622.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: s. 341.05(25), Stats., as created by 1997 Wis. Act 269
STATUTES INTERPRETED: s. 341.05(25)
General Summary of Proposed Rule. This proposed rule making creates ch. Trans 316 which permits wood harvesting slashers to be included in the list of vehicles exempt from registration, and permit uniform enforcement of its exemption from vehicle registration requirements by both law enforcement and operators. The proposed rule also defines “wood harvesting slasher" pursuant to s. 341.05(25), Stats., as created by 1997 Wis. Act 269.
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, technical college district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rules
Copies of this proposed rule may be obtained upon request, without cost, by writing to Loralee Brumund, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 267-3622. Alternate formats of the proposed rule will be provided to individuals at their request.
Text of Proposed Rule
SECTION 1. Chapter Trans 316 is created to read:
CHAPTER Trans 316
WOOD HARVESTING SLASHERS
Trans 316.01 Purpose and scope. The purpose of this chapter is to define wood harvesting slasher pursuant to s. 341.05(25), Stats., and to permit its limit operation on Wisconsin roads.
Trans 316.02 Definitions. In this chapter:
(1) “Self-propelled" means a slasher that is independently powered for cutting functions, but which requires a separate vehicle for transport purposes.
(2) “Tree loader" means a mechanism, constructed as part of the slasher unit, that is used to load trees onto the slasher saw table for cutting.
(3) “Truck-mounted" means a slasher that is permanently secured to a truck for use during cutting functions and for transport purposes.
(4) “Wood harvesting slasher" means a unit with a mounted tree loader constructed specifically to cut trees to specific lengths and principally used off the highway. These units include either of the following:
(a) A self-propelled unit mounted on or towed by an articulated semi-trailer or trailer that shall be considered as a single unit.
(b) A truck-mounted motorized unit that shall be considered as a single unit.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
