Scope Statements
Government Accountability Board
This statement of scope was approved by the governor on July 11, 2013.
Rule No.
Relating to
Assistance by government accountability board staff and voting procedures for challenged electors.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed change to s.
GAB 6.03, Wis. Adm. Code, is simply to amend statutory references that occurred with the adoption of
2007 Wisconsin Act 1. The proposed change to s.
GAB 9.03, Wis. Adm. Code, removes a single reference to “lever" voting machines which are no longer permitted in Wisconsin.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed revisions do not result in any policy changes. The changes bring the rules into conformity with current Wisconsin statutes.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
5.05 (1) (f), Stats., expressly authorizes the Board to promulgate rules under ch.
227, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.
Section
5.05 (6a), Stats., permits the Board to authorize staff to provide informal opinions to individuals requesting advice. In s.
GAB 6.03 the Board has authorized the staff to provide these informal opinions.
Section
6.95, Stats., provides procedures for challenged electors to cast a ballot. In s.
GAB 9.03, additional detail is provided on the voting procedures for challenged electors.
Section
227.11 (2) (a), Stats., expressly authorizes the Board to promulgate rules to interpret the provisions of statutes the Board enforces or administers.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10-15 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This will affect individuals requesting advice from the Government Accountability Board staff and challenged electors.
7. 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
Requests for assistance from the Government Accountability Board staff and voting procedures for challenged electors are state and local functions, not functions of the federal government. Federal regulations do not govern on these matters.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no economic impact anticipated to implement the rule changes.
9. Contact Person
Michael Haas, 608-266-0136, michael.haas@wisconsin. gov.
Government Accountability Board
This statement of scope was approved by the governor on July 11, 2013.
Rule No.
Relating to
Complaint procedure and enforcement of campaign finance, lobbying, and ethics laws relating to ss.
5.05 (1) (f),
5.05 (2) (m),
5.93,
11.60,
13.69,
19.55,
227.11 (2) (a), Stats., and interpreting Subchapter
I of Chapter 5 of the Wisconsin Statutes.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
This rule repeals rules ss.
GAB 21.01 and
21.04 and amends s.
GAB 20.01 as they are no longer operable subsequent to the merger of the State Ethics Board with the State Elections Board under
2007 Wisconsin Act 1. These rules prescribe procedures relating to processing complaints that were propagated under those particular state agencies. Because those agencies merged into the Government Accountability Board under
2007 Wisconsin Act 1, the associated complaint procedure of the former Ethics Board and the campaign finance complaint procedure of the former Elections Board are no longer consistent with current practices. The Government Accountability Board complaint procedures are provided by statute and not by administrative rule; therefore, the existing rules need to be repaired and repealed.
3. 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 policy: The existing policy prescribes rules that were intended for agencies that no longer exist and delineate complaint procedures that are inaccurate (e.g., the GAB address that is given in s.
GAB 21.01 is not the address of the GAB's current location) or are superfluous to procedures that are prescribed in state statues.
Proposed policy: Repealed ss. GAB 21.01 and 21.04 will reconcile the administrative code with the statutory changes that have occurred since 2007 and the amended s.
GAB 20.01will accurately describe the provisions in the state statutes consistent with the complaint procedures currently in effect at the Government Accountability Board.
Alternatives:
A)
Do Nothing — leave chapters GAB 20 and 21 as they are.
1) Pros: This alternative means that no rule revision is necessary and staff resources will not be diverted from other tasks and duties needing the attention of the GAB.
2) Cons: The absence of rule revision and repeal in this instance will perpetuate out of date procedures and leave intact inaccurate rules in the administrative code.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
5.05 (1) (f), Stats., expressly authorizes the Board to promulgate rules under ch.
227, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.
Section
5.93, Stats., establishes that the board may promulgate “reasonable rules" for its administration.
Section
227.11 (2) (a), Stats., expressly authorizes the Board to promulgate rules to interpret the provisions of statutes the Board enforces or administers.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10-15 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule will affect those wishing to file complaints with the Board pursuant to enforcement of the election laws and in compliance with the Help America Vote Act.
7. 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
Because this proposal repeals two existing former Ethics Boards rules and effectively repeals a portion of a former Elections Board rule, there is no congruent federal regulation for comparison.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The anticipated economic impact from the implementation of the proposed order is minimal to none.
9. Contact Person
Natural Resources
Fish, Game, etc., Chs.
1 —
(DNR # WM-21-13)
This statement of scope was approved by the governor on July 15, 2013.
Rule No.
Relating to
Hunting and trapping in state parks.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
2. Detailed Description of the Objective of the Proposed Rule
These will be the first rule revisions related to hunting and trapping in state parks since passage of
2011 Act 168 which established that those activities are generally allowed. These rules will amend or repeal portions of chs.
NR 10 and
45 so that hunting regulations promulgated under previous statutory authority will be consistent with the act. These rules will amend the same chapters so that hunting and trapping regulations in state parks are not in conflict with policies established by the Natural Resources Board under authority created by the act. Through this proposal, the department may significantly simplify hunting regulations.
For safety purposes, these rules may prohibit the discharge of firearms from-or-across certain trails. These rules may restrict trapping to the use of dog proof traps only and define those traps.
The department will not use this rulemaking to establish new season dates or to modify periods when hunting and trapping are allowed in state parks.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Prior to
2011 Act 168, state parks were statutorily closed to hunting unless the department had written rules specifically allowing a hunting opportunity at an individual state park. Statutes did not grant rule authority for the department to allow bear hunting. Statutes did not grant rule authority to allow trapping. Today, hunting and trapping are both allowed at state parks except where the Natural Resources Board has prohibited the activities in order to protect public safety or a unique plant or animal community. Under Act 168, the Department may prohibit hunting or trapping on lands within 100 yards of a designated use area. Examples of designated use areas include locations such as campgrounds and beaches.
Because the old presumption that state parks are closed unless opened by rule has been replaced by a presumption that state parks are open unless board action has been taken to close them, some provisions of administrative rule have been pre-empted by the actor may no longer be needed. For example, s.
NR 45.09 (1) prohibits firearms discharge in state parks, except where seasons have been established in s.
NR 10.01 (3). This is no longer accurate because hunting is now allowed in many areas in addition to those established in s.
NR 10.01 (3).
Rules which establish certain small game hunting seasons at Governor Dodge, Mill Bluff, and Mirror Lake state parks may be in conflict with actions that have already been taken by the board under their new statutory authority. These rules will be reviewed.
State Ice Age Trail Areas fall under the statutory definition of state parks and are affected by the act in the same way as other state park properties. Specific hunting season frameworks and firearm possession and discharge restrictions established in s.
NR 10.275 (4) will also be modified for consistency with the act and subsequent action by the Natural Resources Board or may be repealed.
Other state trails and the North Country trail are also part of the state park system and these rules could apply to those properties as well.
