Rule-Making Notices
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
227.11 and
227.24, Stats., interpreting ss.
29.014,
29.041 and
227.885, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-20-07(E) pertaining to the 2007 migratory game bird season. This emergency order took effect on August 30, 2007. The significant regulations are:
Ducks: The state is divided into two zones with 60-day seasons. The season begins at 9:00 a.m. September 22 in the north and closes on November 20. In the south, the season begins at 9:00 a.m. on September 29 and continues through October 7, followed by a 5-day split, reopening on October 13 and continuing through December 2. The dates of the youth waterfowl hunt are September 15 and 16. The daily bag limit is 6 ducks including no more than 4 mallards (one hen), one black duck, one pintail, 2 canvasbacks, 2 wood ducks, 2 redheads and 2 scaup.
Canada Geese: The state is apportioned into the Horicon, Collins and Exterior zones plus four subzones within the Exterior zone. Season lengths are: Collins zone – 62 days (periods, first period beginning September 16); Horicon zone – 92 days (4 periods, first period beginning September 16); Exterior zone in the northern duck zone – 85 days (September 16 to December 9); Exterior zone in the southern duck zone – 85 days (September 16 to October 7 followed by a 5-day split and October 13 to December 14); and Mississippi River subzone – 85 days (September 29 to October 7 and October 13 to December 27). The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese is 2 birds per day.
In addition to these annual regulatory issues, the emergency rule requires the use of non-toxic shot for rail, snipe and moorhen statewide and allows the placement of decoys and shooting at birds that are within a 75-yard area around the boundary of the Horicon National Wildlife Refuge as long as the hunter is more than 75 yards from the boundary.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 19, 2007 Room 606
Friday at 1:00 p.m. GEF #2 Office Building
101 S. Webster Street
Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Submission of Comments
Written comments on the emergency rule may be submitted to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 23, 2007. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Van Horn. The emergency rule may be reviewed and comments electronically submitted at the following internet site:
http://adminrules.wisconsin.gov.
Notice of Hearing
Natural Resources
(Environmental Protection-Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
285.11 (1) and
(6) and
285.21 (1) (a), Stats., interpreting s.
285.21 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 404 and
484, Wis. Adm. Code, relating to ambient air quality standards for total suspended particulates (TSP) and particulate matter (PM) and affecting small business. The State Implementation Plan developed under s.
285.11(6), Stats., is also revised. The proposed rule will repeal ambient air standards for TSP and annual PM
10 from ch.
NR 404 and federal monitoring requirements for TSP and annual PM
10 from ch.
NR 484. The proposed rule will adopt U.S. Environmental Protection Agency promulgated national ambient air quality standards (NAAQS) for PM
2.5 into ch.
NR 404 and incorporate the corresponding federal PM
2.5 monitoring requirements for that ambient air standards into ch.
NR 484.
The proposed rules would assure that the Wisconsin Administrative Code is consistent with the NAAQS for particulate matter, as required under s.
285.21 (1) (a), Stats., and reflect the science of particle pollution effects on human health. If any areas in the state are designated as nonattainment for the new air quality standards, the Department is required to develop an air quality state implementation plan to ensure that the ambient air quality standards are attained and maintained in those areas.
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: Any small business emitting particulate matter.
b. Description of reporting and bookkeeping procedures required: No new state procedures are required.
c. Description of professional skills required. No new skills are required.
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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 12, 2007 Room G09, GEF #2 Building
Fridayat 1:30 p.m. 101 South Webster
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 Eckdale at (608) 266-2856 or by e-mail at
Robert.Eckdale@wisconsin.gov with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-23-07). Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Adamski, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
William.Adamski@wisconsin.gov. Comments may be submitted until
October 22, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16,
343.02 (1),
343.32 (2) (a) and
(5), Stats., and interpreting s.
343.32, Stats., the Department of Transportation will hold a public hearing in
Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
1st day of October, 2007, at 1:30 PM, to consider the amendment of ch.
Trans 101, Wisconsin Administrative Code, relating to the demerit point system.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Department of Transportation
Statute interpreted
Statutory authority
Explanation of agency authority
Section
343.32 (2) (a), Stats., permits the Secretary to suspend a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch.
349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs.
341 to
348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. The Department has used a demerit point system to accomplish this end since 1958. The statute permits the Secretary to adopt by rule a method of weighing traffic convictions by their seriousness and allows the Secretary to change that weighted scale “as experience or the accident frequency in the state makes necessary or desirable," though much flexibility in the system has been eliminated over the years by statutory amendment mandating specific assignment of demerit points, suspension of operating privileges at specific point levels and doubling of demerit point assessments for probationary drivers.
Section
343.32 (5), Stats., provides that the secretary also may provide by rule for a reduction of points if a person shows to the department satisfactory evidence of completion of a course of instruction in traffic safety, defensive driving or similar course or driver improvement counseling approved by the secretary.
Related statute or rule
Section
343.44, Stats. Persons whose operating privileges are suspended under s.
343.32 (2), Stats., as a result of demerit point accumulation are subject to prosecution for operating after suspension if they continue to operate motor vehicles.
Plain language analysis
The proposed rule makes the following changes to Wisconsin's demerit point system:
• Violations will only be used once to create a point case.
• No convictions that result in a withdrawal will be used in a point case, unless the withdrawal is a disqualification under s.
343.315, or if the underlying convictions results in a withdrawal for failure to pay or for a habitual traffic offender revocation.
• An existing point case may be amended, if a driver is still suspended and the additional convictions are within one year of each other by date of violation.
• For persons who are subject to a court-ordered suspension, as well as a suspension for a point case, the longer suspension period will apply.
• Revocation language for demerit point cases has been removed, as all point withdrawals are now suspensions due to
1997 Wisconsin Act 84.
• Completion of point reduction school may be used to reduce points assessed against a driver's license that has already been suspended.
• Point reduction is allowed every three years.
No specific effective date is provided in this rule. DMV will need to reprogram its systems in order to implement this rule making. (DMV is rewriting the computer systems associated with demerit point suspensions in any event, and the simplification of the system proposed in these rules reduces the complexity of that task and, therefore, the cost of rewriting the system.) When DMV knows that the system will be ready to use on a specific date, it will publish an independent notice in the administrative register announcing the effective date. The date may well be something other than the first day of a month. Historically, WisDOT has implemented major computer system changes over weekends to provide time for programmers to react to any unexpected difficulties.
Comparison with federal regulations
Driver improvement programs are state functions.
Comparison with adjacent states
Michigan: Michigan has a driver responsibility program. This program assesses a driver responsibility fee for drivers who accumulate seven or more points in a two-year period (Category 1) or are convicted of specific qualifying offenses (Category 2). If a driver fails to pay the driver responsibility fee, their license is suspended.
Under Category 1, offenses such as careless driving, drag racing, speeding, improper turn, following too close, failure to yield, failure to obey signal and improper use of lights result in a point assessment under Category 1. The fees begin at $100 and increase by $50 for each additional point above seven points, and are assessed yearly.
A sample of Category 2 offenses and fees are:
• Operating While Intoxicated - $1000
