Wis. Stat. s.
227.11 (2) Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
(d) An agency may promulgate rules implementing or interpreting a statute that it will enforce or administer after publication of the statute but prior to the statute's effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the statute that it implements or interprets.
(e) An agency may not inform a member of the public in writing that a rule is or will be in effect unless the rule has been filed under s.
227.20 or unless the member of the public requests that information.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend an estimated 40 hours to develop these rules.
List with Description of All Entities that may be Affected by the Proposed Rule
The new rules will affect state and local public employers, members, subscribers, their beneficiaries and dependents who interact with ETF regarding the benefit programs administered by ETF.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
No existing or proposed federal regulation addresses the contemplated rule changes.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
ETF anticipates that the proposed rule will have minimal or no economic impact locally or statewide and will not impact small businesses.
Contact Person
ETF General Counsel, David Nispel. Phone: (608) 264-6936.
Financial Institutions — Credit Unions
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Relating to
Credit union exams.
Rule Type
Remove obsolete rule.
Detailed Description of the Objective of the Proposed Rule
Repeal DFI-CU-67: Certified Public Accountant Audits of Credit Unions in Lieu of Examinations by the State of Wisconsin.
The statutory citation that allowed for a certified public account audit to be used in lieu of an examination by the State of Wisconsin was removed. As a result this is an obsolete rule that needs to be removed.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing Rule: DFI-CU-67 - The director may accept an audit report of a certified public accountant who is not an employee of the credit union in lieu of all or a portion of the routine examination which is made by or caused to be made by the director as required.
Proposed Rule: Remove DFI-CU-67, it is in conflict with the statutes. The previous s.
186.235 (16) (b) was removed and this rule is now obsolete.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the rule is as follows:
Section
186.235 (8), Stats., which states that “[t]he office of credit unions shall, with the approval of the credit union review board, promulgate rules relating to the business of credit unions."
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10 hrs.
List with Description of All Entities that may be Affected by the Proposed Rule
Wisconsin credit unions.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Section
186.15, Wis. Statutes, requires credit unions to have annual audits to attest to the accuracy of their financial statements. The office of credit unions' exams are required by 186.235 to evaluate the safety and soundness of the credit unions. Financial statement audits and regulatory exams are for two different purposes. Wisconsin state chartered credit unions are required to have federal insurance which is provided by the National Credit Union Administration (NCUA). NCUA performs insurance reviews of state chartered credit unions and they would not accept a CPA audit in lieu of a NCUA insurance review or a office of credit unions exam.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Impact on Small Businesses)
None.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on July 25, 2012.
Rule No.
Relating to
Regulation of firewood entering state lands.
Rule Type
Finding/Nature of Emergency (Emergency Rule Only)
This is not an emergency rule.
Detailed Description of the Objective of the Proposed Rule
In order to provide better protection from introduction of wood borne invasive pests and diseases, the proposed change to NR 45.045 (2) (a) would reduce the distance from the state campground or property from which allowable firewood may originate from 25 to 10 miles. The proposed elimination of NR 45.045 (2) (b) would remove a regulation that would no longer provide significant additional protection if the change to (a) is approved.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
DNR currently limits firewood entering state lands to that wood originating from within 25 miles and within the state or from dealers that are certified by the state as treating their wood to prevent transmission of pests or diseases. In response to concerns from the public, we propose to reduce the allowable distance to 10 miles. A model of the changing risk of introduction of an invasive pest with decreasing allowable distance shows a significant reduction in level of risk between 25 and 10 miles. With the establishment of emerald ash borer and beech bark disease at several sites in Wisconsin and the new threat of thousand cankers disease of walnut; this seems to be a prudent step to take. If the allowable distance is reduced to 10 miles, the prohibition of out-of-state wood will no longer provide the additional protection it once contributed. If a pest is established within 10 miles, it will be a short time before it can spread on its own onto the property. In this situation, the out-of-state prohibition doesn't provide additional protection. Regulation that doesn't provide a benefit should be dropped. We also expect a long term benefit of simplifying the message that safe wood is local or treated and avoiding the appearance of blaming other states for invasive pests.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Chap. 23.09 (2intro): Departmental rules; studies; surveys; services; powers; long-range planning. The department may promulgate such rules, inaugurate such studies, investigations and surveys, and establish such services as it deems necessary to carry out the provisions and purposes of this section. The department shall establish long-range plans, projects and priorities for conservation. The department may:
Chap. 23.09 (2m) (b): Forest land plans and management. The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest, southern state forest, state park, state trail, state natural area, state recreation area, or similar designation.
Chap. 23.09 (10): Conservation easements and rights in property. Confirming all the powers hereinabove granted to the department and in furtherance thereof, the department may acquire any and all easements in the furtherance of public rights, including the right of access and use of lands and waters for hunting and fishing and the enjoyment of scenic beauty, together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public. The department also may grant leases and easements to properties and other lands under its management and control under such covenants as will preserve and protect such properties and lands for the purposes for which they were acquired.
Chap. 23.091 (1): Designation. The department may acquire, develop, operate and maintain state recreation areas. State lands and waters may be designated as state recreation areas that are environmentally adaptable to multiple recreational uses, or are so located to provide regional or urban recreational opportunities or for preservation.
Chap. 23.11 (1): General powers. In addition to the powers and duties heretofore conferred and imposed upon said department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.
Chap. 23.11 (4): The department shall have police supervision over all state-owned lands and property under its supervision, management and control, and its duly appointed agents or representatives may arrest, with or without warrant, any person within such area, committing an offense against the laws of this state or in violation of any rule of the department in force in such area, and deliver such person to the proper court of the county wherein such offense has been committed and make and execute a complaint charging such person with the offense committed. The district attorney of the county wherein such offense has been committed shall appear and prosecute all actions arising under this subsection.
Chap. 26.30 (2):
Powers. The department is vested with authority and jurisdiction in all matters relating to the prevention, detection and control of forest pests on the forest lands of the state, and to do all things necessary in the exercise of such authority and jurisdiction, except that this shall not be construed to grant any powers or authority to the department for the silvicultural control of forest pests on any land. This section shall apply only to the detection and control of forest pests on forest lands and does not affect the authority of the department of agriculture, trade and consumer protection under chs.
93 and
94. The action of the department under sub.
(4) shall be coordinated with the department of agriculture, trade and consumer protection in accordance with s.
20.901. The secretaries of natural resources and agriculture, trade and consumer protection shall execute annually a memorandum of agreement to enable the coordination of pest control work of their departments.
Chap. 27.01 (2) (i): Establish and operate in state parks such services and conveniences and install such facilities as will render such parks more attractive for public use and make reasonable charges for the use thereof.
Chap. 27.01 (2) (j): Promulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, including the use of boats and other watercraft on lakes or rivers within the limits of a state park, and the use of roads, trails or bridle paths.
Chap. 28.04 (2) (a) The department shall manage the state forests to benefit the present and future generations of residents of this state, recognizing that the state forests contribute to local and statewide economies and to a healthy natural environment. The department shall assure the practice of sustainable forestry and use it to assure that state forests can provide a full range of benefits for present and future generations. The department shall also assure that the management of state forests is consistent with the ecological capability of the state forest land and with the long-term maintenance of sustainable forest communities and ecosystems. These benefits include soil protection, public hunting, protection of water quality, production of recurring forest products, outdoor recreation, native biological diversity, aquatic and terrestrial wildlife, and aesthetics. The range of benefits provided by the department in each state forest shall reflect its unique character and position in the regional landscape.
Chap. 28.04 (2) (c): In managing the state forests, the department shall recognize that management may consist of both active and passive techniques.
Chap. 227.11 (2) (a): Rule-making authority is expressly conferred as follows: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
206 hours total, before and after public hearings.
List with Description of All Entities that may be Affected by the Proposed Rule
We expect campers and firewood dealers would be impacted or interested in this rule.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Apostle Islands National Park has prohibited all firewood into the park since 2006. The Chequamegon-Nicolet National Forest prohibits firewood from south of Route 29 or from outside Wisconsin. The Huron-Manistee National Forest in Michigan prohibits bringing ash firewood onto the forest. The Army Corps of Engineers regulates firewood they allow onto their lands in Wisconsin.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Impact on Small Businesses)
Small vendors just outside state campgrounds are already getting their wood from close by given the current 25 mile limit on allowable wood. For this reason, we do not anticipate an additional significant impact on these vendors with the decrease to 10 miles. It may have a beneficial effect on vendors who are certified as treating their wood by the Department of Agriculture, Trade and Consumer Protection as it could increase the convenience of their product since it can be brought into any state property, regardless of where it originated.
Contact Person
Andrea Diss-Torrance, Gypsy Moth and Invasive Forests Insects Program Coordinator, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 264-9247,
Andrea.DissTorrance@wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on July 25, 2012.
