Scope statements
Elections Board
Subject
Section ElBd 1.39. Scope of regulated activity: the conversion of a federal campaign committee to a state campaign committee and the contribution of funds from a federal campaign committee to a state campaign committee.
Policy analysis
Objective of the rule. To amend the Elections Board's existing rules; to prohibit the conversion of federal campaign committees into state campaign committees and limit the contributions from federal campaign committees to state campaign committees to the maximum contribution allowable from a single committee to a state campaign committee registered for the office sought.
Existing Wisconsin policy allows a federal campaign committee to become a state campaign committee and to use the money that was in the federal campaign account in the state campaign without limitation or prohibition and with a minimum of reporting. The Board's proposed rule would prohibit conversion of a federal campaign committee to a state campaign committee and would limit the amount of federal money that may be contributed to the state campaign committee for use in a Wisconsin campaign.
Statutory authority
Staff time required
At least 25 hours of state employees' time.
Entities affected by rule
The rule will affect the campaign committee of each of Wisconsin's eight members of the United States House of Representatives and Wisconsin's two U. S. Senators. Theoretically, the rule could affect the campaign committee of any other federal officeholder who was considering running for a state office in the State of Wisconsin. The likelihood of the latter circumstances is remote.
Comparison with federal requirements
The rule reverses the effect of a recent congressional change in
2 USC 439(2001) of the Federal Election Campaign Act of 1971 (as amended) – See H.R. 4818, s. 532 (3) and 532 (4).
Since the Bi-Partisan Campaign Reform Act of 2002 (BICRA), transfers of funds from a federal campaign committee to a state campaign committee had not been authorized under federal law. In November, 2004, the United States Congress amended the Federal Election Campaign Act to permit the transfer of a federal candidate's campaign committee's funds to the candidate's state campaign committee – regardless of the source of those funds - if state law permitted, and subject to the state law's requirements and restrictions. (See H.R. 4818, s. 532 (3) and 532 (4).
Because of Congress' action in November, 2004, money which had not been available to a state committee under BICRA, and which might not have qualified for use for political purposes in a state campaign because of its source or because of other noncompliance with state law, could now be transferred to a state committee, if state law permitted. Wisconsin law, under the Board's current rule, s. ElBd 1.39, Wis. Adm. Code, allows for conversion of a federal campaign committee, and its funds, to a state campaign committee without regard to source of those funds and without regard to Wisconsin contribution limitations.
The rule amends s. ElBd 1.39 to prohibit the conversion of a federal campaign committee to a state campaign committee and restricts the contribution from a federal campaign committee to a state campaign committee to the maximum allowable from a single committee to a candidate for the office being sought.
Financial Institutions - Banking
Subject
Rules relating to collection agencies practices.
Policy analysis
Chapter DFI—Bkg 74, relating to collection agencies, has not been updated to reflect changes in the law, current industry practices or electronic commerce since 1993, and with only minimal updates at that time. The rule repeals and recreates ch. DFI—Bkg 74 to reflect these changes. While portions of ch. DFI—Bkg 74 remain the same, substantial changes to the chapter warranted its repeal and recreation. The rule addresses definitions, office requirements, office relocations and material changes, agreements and acknowledgments, remittance statements, trust fund accounts, books and records, disclosure of rates in advertising, reports to creditors, procedures for return or cancellation of accounts, general matters, annual reports, fair collection practice notices, in house collectors, operating from residences, unauthorized practice of law, prohibited practices, and use of data processing. The revisions are made in consultation with the Wisconsin Collectors Association, the Wisconsin State Bar and other industry representatives.
Statutory authority
Staff time required
250 hours.
Entities affected by rule
Collection agencies.
Comparison with federal requirements
The Fair Debt Collection Practices Act also addresses third party collection practices.
Insurance
Subject
Objective of the rule. This proposed rule will address authorizing mortgage guarantee insurers to issue coverage for mortgages issued by affiliates or a person related to an affiliate.
Policy analysis
Under s.
Ins 3.09 (19), Wis. Adm. Code, a mortgage guarantee insurer is prohibited, subject to limited exception, from issuing coverage on a mortgage issued by an affiliate. The proposed rule will modify this restriction to allow issuance of such coverage, subject to standards intended to protect the solvency of the insurer.
Statutory authority
Staff time required
200 hours and no other resources are necessary.
Comparison with federal requirements
None.
Entities affected by rule
Mortgage guarantee insurer.
Natural Resources
Subject
The purpose of this package is to develop a permanent rule that provides a standardized method for measuring exhaust noise emitted from all terrain vehicles (ATVs) that exceed 96 decibels.
Policy analysis
On April 28,
2004 Act 251 became effective. Act 251 provided a maximum noise level (96 decibels) that ATVs are required to comply with. However, the Act did not describe the test procedure that would be used to measure ATV noise, leaving the method of testing to be prescribed by rule. The proposed rule will provide a uniform test procedure for testing ATV noise emissions so that enforcement officers will be able to determine if ATVs comply with the 96 decibel limit.
The National Association of OHV Program managers had coincidentally convened and discussed ATV noise issues in March 2004. From that meeting, the National Association adopted a resolution encouraging all states to adopt a maximum noise level of 96 decibels as measured in accordance with the Society of Automotive Engineer's noise measuring standard SAE J1287.
This proposed rule would coincide with the resolution adopted by state program managers.
Statutory authority
Staff time required
51 hours.
Entities affected by rule
This rule will impact ATV riders who have failed to maintain their machine's exhaust system and/or those ATV riders who modify their exhaust systems to be unusually loud and in excess of 96 decibels when measured in accordance with the Society of Automotive Engineer's noise measuring standard SAE J1287.
Comparison with federal requirements
Federal laws regulating ATV exhaust noise are specific to property sites owned/managed by the Federal Government (National Parks, U.S. Forests and lands managed by the Bureau of Land Management). Not all Federal properties have regulations that regulate noise; however, those that do have general rules that either prohibit “obnoxious" noise from vehicles (ATVs) or they prohibit noise above 96 decibels.
Natural Resources
Subject
Objective of the rule. The Department requests authorization to begin development of an administrative rule to establish a grant program to enable private landowners to enhance rare species habitat on their property. The Landowner Incentive Program, funded through a grant from the U.S. Fish and Wildlife Service, will provide technical and financial assistance to private landowners with federally listed, state listed, or other at-risk species and rare or declining natural communities on their land. The ultimate goal of the program is to support the recovery of these rare species and natural communities and to prevent their further decline.
Policy analysis
To avoid a loss of biological diversity, private landowners and land managers in Wisconsin need financial incentives and technical assistance to most effectively protect and manage species-at-risk and the habitat that supports them.
With over 85% of Wisconsin's land in private ownership, landowners and land managers truly are the key to protecting rare species and their habitats. Currently many landowners and land managers in Wisconsin are voluntarily protecting federal and state listed species on private land through the Bureau of Endangered Resources Landowner Contact Program. The Landowner Contact Program concentrates on outreach and education efforts, and offers limited management recommendations. However, this program has limitations because it cannot offer financial incentives.
The biggest threat to many rare species is loss or degradation of habitat. Land use changes in remote areas, changing agricultural practices, the introduction and spread of invasive exotic species, and succession in the absence of disturbance all change the habitat of our native plant and animal species. Though the landscape of the state will continue to change, landowners and land managers have considerable control over the fate of rare species. To most effectively manage for rare species and habitats, private landowners and land managers need technical and financial assistance. The Landowner Incentive Program will provide this assistance, aid in the recovery of species, help prevent the further decline of rare species and help prevent federal and state listing.
Statutory authority
Sections
227.11, and
29.604, Stats.; and Department of the Interior and Related Agencies Appropriations Act of 2002, Public Law 107-63; Title I; Land and Water Conservation Fund Act of 1965 U.S. C. 4601-4 through 11.
Staff time required
The Department will need approximately 120 hours of staff time.
Comparison with federal requirements
Several grant programs provide opportunities for private landowners to manage their land for rare species. The U.S. Fish and Wildlife Service provides grants to private landowners through the Partners for Fish and Wildlife Program and the Private Stewardship Grant Program, which both focus on species listed at the federal level as endangered or threatened. The Natural Resources Conservation Service provides funds to private landowners to restore habitat for federal or state listed species or special concern species through the Wildlife Habitat Incentive Program.
The Landowner Incentive Program is an opportunity to address the gaps in existing funding and tailor a program unique to Wisconsin. The program will be developed with a Guidance Team of governmental and non-governmental organizations who will analyze existing programs and develop the priorities for the Landowner Incentive Program.
Natural Resources
Subject
The purpose of this package is to develop a rule that simplifies registration and trailpass requirements for nonresident all terrain vehicle (ATV) riders. This package proposes a permanent rule to revise NR 64.03 Wis. Administrative Codes, pertaining to ATV nonresident trail passes and display requirements.
Policy analysis
Section
23.33 (2), Stats., requires all-terrain vehicles (ATVs) operated in WI to be registered with either a WI registration or an out of state registration. Recent legislation (
2003 Act 251), required nonresident ATVs operating in Wisconsin to also display a nonresident trailpass. The nonresident trailpass was created at the request of the Wisconsin ATV Association for two main reasons;
1. Nonresidents acquiring a trailpass would generate revenues that will be directed back to the ATV account for future trail maintenance needs.
2. For those nonresidents whose home state did not register ATVs, the trail pass was intended to fulfill the registration requirement. The trail pass could be easily acquired at any ALIS vendor and it would allow visitors quicker access to trails without having to wait 4-6 weeks for a Wisconsin registration.
Unfortunately the legislation did not address a registration exemption that was needed for nonresidents whose home state did not have an ATV registration program. This omission resulted in some nonresidents still having to register their ATVs in Wisconsin. This requirement complicates some nonresidents' vacation plans with registration delays and created confusion for visitors. As well, the legislation did not specify which part of the ATV the trail pass should be prominently displayed.
This rule proposes to exempt nonresident ATVs from the registration requirement and instead require the nonresident ATV to display only a nonresident trail pass. The rule will also direct the user to affix the nonresident trail pass prominently visible on the forward half of the ATV. This rule will not change the requirement for nonresidents to register their ATVs in Wisconsin if the ATVs are in this state for a period of more than fifteen consecutive days.
Statutory authority
Staff time required
51 hours.
Entities affected by rule
